AGREEMENT TO OUR LEGAL TERMS
We are Jibreel App Ltd, doing business as Jibreel (“Company,” “we,” “us,” or “our”), a company registered in the United Kingdom at 30 Truesdales, Ickenham, London UB10 8FJ. We operate the mobile application Jibreel (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
Jibreel is a mobile app that allows users to learn Islamic educational content.
You can contact us by email at salaam@jibreel.app
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Jibreel App Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. SOFTWARE
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENCE
11. GUIDELINES FOR REVIEWS
12. MOBILE APPLICATION LICENCE
13. THIRD-PARTY WEBSITES AND CONTENT
14. ADVERTISERS
15. SERVICES MANAGEMENT
16. PRIVACY POLICY
17. COPYRIGHT INFRINGEMENTS
18. TERM AND TERMINATION
19. MODIFICATIONS AND INTERRUPTIONS
20. GOVERNING LAW
21. DISPUTE RESOLUTION
22. CORRECTIONS
23. DISCLAIMER
24. LIMITATIONS OF LIABILITY
25. INDEMNIFICATION
26. USER DATA
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
28. SMS TEXT MESSAGING
29. CALIFORNIA USERS AND RESIDENTS
30. MISCELLANEOUS
31. CONTACT US
32. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
OUR INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.
YOUR USE OF OUR SERVICES
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable licence to:
• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: salaam@jibreel.app. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
YOUR SUBMISSIONS AND CONTRIBUTIONS
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
WHEN YOU POST CONTRIBUTIONS, YOU GRANT US A LICENCE (INCLUDING USE OF YOUR NAME, TRADEMARKS, AND LOGOS): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
YOU ARE RESPONSIBLE FOR WHAT YOU POST OR UPLOAD: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
WE MAY REMOVE OR EDIT YOUR CONTENT: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
COPYRIGHT INFRINGEMENT: We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms;
(4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
(5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or unauthorised purpose; and
(7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
• Visa
• Mastercard
• American Express
• Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD, GBP, Euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
BILLING AND RENEWAL
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
FREE TRIAL
We offer a 3-day free trial to new users who register with the Services. The account will be charged according to the user’s chosen subscription at the end of the free trial.
CANCELLATION
All purchases are non-refundable. You can cancel your plan through the Apple App Store or Google Playstore. If you subscribed online via Stripe, you can cancel on our website here (https://billing.stripe.com/p/login/3cs2bJf3I00T73GaEE). Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at salaam@jibreel.app.
FEE CHANGES
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material (including excessive use of capital letters and spamming) that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system that accesses the Services, or use or launch any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (“Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent of each identifiable individual person in your Contributions to use the name or likeness of each such person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and
(8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or views. We do not assume liability for any review or for any claims resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
12. MOBILE APPLICATION LICENCE
USE LICENCE
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, or decrypt the App;
(2) make any modification, adaptation, improvement, translation, or derivative work from the App;
(3) violate any applicable laws in connection with your use of the App;
(4) remove or obscure any proprietary notices posted by us or our licensors;
(5) use the App for any commercial enterprise;
(6) make the App available over a network or environment permitting multiple users at the same time;
(7) use the App to create a product that is competitive with the App;
(8) use the App to send automated queries; or
(9) use our interfaces to design or distribute any applications for use with the App.
APPLE AND ANDROID DEVICES
The following terms apply when you use the App obtained from the Apple Store or Google Play (“App Distributor”) to access the Services:
(1) the licence granted to you is limited to a non-transferable licence to use the application on a device that uses the Apple iOS or Android operating systems, and in accordance with the App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the App, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance services;
(3) in the event of any failure of the App to conform to any warranty, you may notify the App Distributor, and the App Distributor may refund the purchase price, if any, paid for the App, but to the maximum extent permitted by law, the App Distributor has no other warranty obligation whatsoever;
(4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo and (ii) you are not listed on any US government list of prohibited parties;
(5) you must comply with applicable third-party terms of agreement; and
(6) the App Distributors are third-party beneficiaries of these Legal Terms, and can enforce them against you.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other websites (“Third-Party Websites”) as well as content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated or monitored by us, and we are not responsible for any Third-Party Websites accessed or any Third-Party Content posted on, available through, or installed from the Services. Inclusion of, linking to, or permitting the use or installation of Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites or to install Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites are between you and the third party. You agree and acknowledge that we do not endorse the products or services on Third-Party Websites and shall hold us blameless from any harm caused by your purchase. Additionally, you shall hold us blameless from any losses you may sustain relating to Third-Party Content or any contact with Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display advertisements and other information in certain areas of the Services. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Services for violations of these Legal Terms;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement;
(3) in our sole discretion and without limitation, refuse or restrict access to any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, remove files and content that are excessive or burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.jibreel.app/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from another region with different data laws, your data is transferred to the United Kingdom, and you expressly consent to have it transferred and processed there.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (“Notification”). A copy of your Notification will be sent to the person who posted the material. Please be advised that under applicable law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material on the Services infringes your copyright, consider contacting an attorney.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF THESE LEGAL TERMS OR ANY APPLICABLE LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION WITHOUT WARNING.
If we terminate or suspend your account, you are prohibited from registering under a new name. In addition to terminating or suspending your account, we reserve the right to take legal action, including pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We have no obligation to update any information on our Services. We will not be liable to you for any change, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware or software problems or need to perform maintenance, resulting in interruptions or errors. We reserve the right to modify or discontinue the Services at any time without notice. You agree that we have no liability for any loss caused by your inability to access the Services.
20. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is excluded. If your habitual residence is in the EU and you are a consumer, you have the protection provided to you by obligatory provisions of the law in your country of residence. Jibreel App Ltd and you agree to submit to the non-exclusive jurisdiction of the courts of London, which means you may bring claims in your country of residence.
21. DISPUTE RESOLUTION
INFORMAL NEGOTIATIONS
To expedite resolution and control cost, you and we agree to first attempt to negotiate any Dispute informally for at least ninety (90) days before initiating arbitration. Such informal negotiations start upon written notice from one Party to the other.
BINDING ARBITRATION
Any dispute from the relationships between the Parties shall be determined by one arbitrator in accordance with the Arbitration and Internal Rules of the European Court of Arbitration. The seat of arbitration shall be London, United Kingdom. The proceedings shall be in English.
RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis.
EXCEPTIONS
The Parties agree that the following Disputes are not subject to the above: (a) intellectual property rights; (b) allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief.
22. CORRECTIONS
There may be information on the Services containing typographical errors, inaccuracies, or omissions, including descriptions or pricing. We reserve the right to correct any errors and to change or update the information on the Services at any time without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THAT OF ANY LINKED WEBSITES, AND WE ASSUME NO LIABILITY FOR ANY ERRORS, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORISED ACCESS, OR ANY INTERRUPTION OF SERVICE. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY, SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries and affiliates, from any loss or claim, including attorneys’ fees, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations; (5) your violation of the rights of a third party; or (6) any overt harmful act toward any other user. We reserve the right to assume the exclusive defence of any matter subject to indemnification at your expense, and you agree to cooperate with us.
26. USER DATA
We will maintain certain data that you transmit to the Services for managing performance, as well as data relating to your use of the Services. Although we perform routine backups of data, you are responsible for all data transmitted relating to any activity using the Services. You agree we shall have no liability for any loss or corruption of data, and you waive any right of action against us arising from such loss.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and disclosures we provide to you electronically satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES AND RECORDS. You hereby waive any rights or requirements under laws requiring an original signature or non-electronic records.
28. SMS TEXT MESSAGING
OPTING OUT
If at any time you wish to stop receiving SMS messages from us, simply reply “STOP.” You may receive an SMS confirming your opt out.
MESSAGE AND DATA RATES
Message and data rates may apply to any SMS messages sent or received. These are determined by your carrier and your mobile plan.
SUPPORT
If you have any questions or need assistance regarding our SMS communications, please email salaam@jibreel.app.
29. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
30. MISCELLANEOUS
These Legal Terms and any policies or rules posted by us on the Services constitute the entire agreement. Our failure to enforce any right shall not operate as a waiver. These Legal Terms operate to the fullest extent permitted by law. We may assign our rights and obligations to others. We shall not be liable for loss, damage, or failure caused by circumstances beyond our control. If any provision of these Legal Terms is unlawful, void, or unenforceable, it is severable and does not affect remaining provisions. No joint venture or agency relationship is created between you and us. You agree these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive all defences you may have based on the electronic form of these Legal Terms.
31. CONTACT US
In order to resolve a complaint or receive further information regarding the Services, please contact us at: salaam@jibreel.app
