Terms and Conditions
PLEASE READ THIS USER LICENSE AGREEMENT CAREFULLY
BY DOWNLOADING AND USING THE ABJADIYAT MOBILE APPLICATION YOU AGREE TO THE TERMS AND CONDITIONS HEREUNDER WHICH WILL BIND YOU.
You agree that by downloading, installing, and / or using the Application and by creating an account or similarly, registering, or accessing the Application, you are agreeing to enter into a legally binding agreement with Ibdaa Limited (even if you are using the Application on behalf of a company). If you do not agree to the terms and conditions, do not access or otherwise use the Application.”
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We Ibdaa Limited (license no. MC 11767) of Office No. 135-FD, Level 1, Incubator Building, Masdar City, Abu Dhabi, United Arab Emirates (Ibdaa) grant you a license, strictly in accordance with the provisions of this agreement, for you to use:
- Abjadiyat mobile application software, the data supplied with the software, (App) and any updates or supplements to it;
- the related online documentation (Documentation); and
- the service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
Additional terms and conditions may apply to you based on the mobile device the Application is installed on. The device’s terms will apply instead of these terms where there are differences between the two operating system requirements.
This app requires an Android/iOS capable device with a minimum of 300mb of memory and the Android 4.2 or iOS 6 or above operating system.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with complaints). If you wish to contact us regarding a suggestion, complaint or compliment regarding the App or Service, please email our customer service team at email@example.com.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or directly through the App, using the contact details you have made available to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto devices owned or controlled by you and view, use and display the App and the Service on such devices for your personal purposes only;
- use any Documentation to support your permitted use of the App and the Service; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and improvements as we may provide to you.
The App is an educational platform which may contain further rules and guidelines governing use that can be found within the App itself. Such rules and guidelines form part of these terms and you agree that you shall comply with them in respect of download and use of the App.
CREATING AN ACCOUNT
When using our Services, you may choose to, and in some instances, you may be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and to keep them secret.
You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In particular, where you are creating an account on behalf of a minor, you are responsible for keeping your log in code secret from them.
We will be entitled to assume that anyone logging into your account using your log in details is you. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our App and/or the level or score you have reached in our App and any subscription, Virtual Currency or Virtual Goods (both as defined below) associated with your account).
Your account is personal to you and you are not entitled to transfer your account to any other person.
VIRTUAL CURRENCY & VIRTUAL GOODS
Our App includes fictitious coins as a “Virtual Currency” and fictitious gifts in the form of stickers & toys known as “Virtual Goods". You agree that once these Virtual Currency and / or Virtual Goods are acquired and / or purchased, the Virtual Currency and Virtual Goods have no monetary value (as they are merely fictitious) and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Currency and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Currency and/or Virtual Goods to anyone else.
You do not own Virtual Goods and/or Virtual Currency but instead you purchase or acquire a limited personal revocable license to use them on the App. Any balance of Virtual Goods and/or Virtual Currency does not reflect any stored monetary value.
You may use the Virtual Currency to unlock premium content for limited usage as stipulated in the in-App purchase.
You agree that all sales by us to you of Virtual Currency are final and that we will not refund / reverse any transaction once it has been made.
If you do not link the App on your device to an account that is linked to either your Facebook account or your mobile phone number, we will not be able to restore any Virtual Currency or other data associated with your account to a different device in the event that you lose your original device that device or in the event it is damaged. Accordingly, on a device which is not connected in this way:
- any risk of loss of Virtual Currency which you purchase from us is transferred to you upon completion of the purchase as described above;
- any risk of loss of Virtual Currency that you receive from us without making a purchase is transferred to you at the time the Virtual Currency is successfully credited to your account on our servers; and
- any risk of loss of other data associated with your account (including, without limitation, your progress through the App, or the level or score you have reached in our App) is transferred to you immediately at the time such data is generated.
The data associated with Virtual Goods is stored locally on your device and so is not syncronised between different devices even if you have connected the App to an account that is linked to either your Facebook account or mobile phone number. Accordingly, any risk of loss of this data is transferred to you at the time the Virtual Goods are credited to you.
We reserve the right to control, regulate, change or remove any Virtual Currency or Virtual Goods at any point in time and without notification to you.
We may revise the pricing for Virtual Currency offered through the Services at any time. We may limit the total amount of Virtual Currency that may be purchased at any one time, and/or limit the total amount of Virtual Currency that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency from us or our authorized partners through the Services, and not in any other way.
If we suspend or terminate your account in accordance with these terms you may lose any Virtual Currency and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
- If you purchase a subscription to the App, you have the ability to access all content without any Virtual Currency expenses as well as access to certain premium features which are not available to non-subscribers.
- Your subscription will begin as soon as your payment has been processed. You will not have the right to cancel the subscription within the active subscription period. Unless you cancel prior to the end of the subscription period, your subscription will automatically continue for a further period equivalent to the original subscription period you agreed to, and the subscription fee will be deducted using the original payment method used.
- If you want to cancel your subscription, you will need to unsubscribe using the unsubscribe feature on the respective app store you use. The cancellation will be effective from date of your next that is due.
We may revise the pricing for the subscription at any time.
AD-BASED FREE SERVICE
If you access the Services on the App using the ad-based free access option, you grant us the right to provide advertising and other information to you, and to allow our business partners to do the same.
Adverts featured on the App are not targeted at minors. As a parent or guardian of a minor using the App, you are responsible for unlocking the Ad-based free service which will display the adverts.
We do not endorse any product or service featured in any advertising which appears on the App. You understand and agree that we are not responsible or liable for any transaction between you and a third party provider of the products or services advertised on our App.
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms. If you are under the age of 18, your parent or guardian must assent to these terms on your behalf and takes full responsibility for your compliance with them.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to any third party under any circumstance whatsoever. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We reserve the right to change these terms at any time and without prior notice. Additional terms may accompany updates, upgrades, bug fixes, patches, and new versions of the App (“Updates”) that we may, at our sole discretion, make available to you, in which case those terms are incorporated into these terms by reference, unless otherwise stated in the additional terms. If there is a conflict between the additional terms and these terms, the conflicting terms will only apply with respect to the Update unless the additional terms expressly state otherwise. The updated terms will be effective upon the date of posting unless indicated otherwise in the updated terms. Your acceptance of the terms by selecting or checking a box (if one is made available to you), or your continued use of the App after the updated version of the terms becomes effective, constitutes your binding acceptance of the updated version of the terms. If you do not agree to any updated version, you should immediately discontinue your use of the App.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices used to run the App and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain Services may make use of location data sent from your devices. Where we do so, you can switch off this functionality at any time by switching off the location services settings on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
We are not liable for any loss whatsoever that may be suffered as a result of your interaction and dealings with such independent sites.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things.
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
- not use the App or any Service in any unlawful manner, for any unlawful purpose, in any jurisdiction that applies to your use of the App or Services or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services, globally, belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for any losses, harm and / or damage suffered howsoever caused. The App is for domestic and private use, and we shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the App or the Services or from any action taken, or omitted to be taken, as a result of using the App or the Services.
Limitations to the App and the Services. The App and the Services are provided ‘as is’ without any warranties of any kind, whether express or implied. In particular, although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Save to the extent prohibited by law, we do not warrant that the App or the Services are free from viruses or other contamination, or that the App or the Services are compatible with any computer systems, software and browsers.
We are not liable for the acts or omissions of any applicable third party including third party content providers. We provide this App as an education platform that contains third party content. Whilst we use reasonable endeavours to review such content we are not responsible in any way for such third party content, nor do we endorse any opinion contained in such content. Further, we do not warrant that such content does not infringe any third party rights.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of technological difficulties with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
WE MAY UNILATERALLY CANCEL YOUR SUBSCRIPTION AND REVOKE YOUR RIGHT TO USE THE APP AND THE SERVICES IF YOU BREACH THE TERMS OF THIS AGREEMENT
We may unilaterally cancel your subscription and revoke your right to use the App and Services at any time if you breach the terms of this agreement, and in which case,
- You must stop all activities authorised by these terms, including your use of the App and any Services.You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations contained in this agreement to a third party and will in such event communicate this to you. Any such transfer will not affect your rights as contained in this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later stage.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms shall be governed by and interpreted in accordance with the laws of Abu Dhabi Global Market. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Abu Dhabi Global Market to settle any dispute or claim you may bring arising out of or connection with these terms (including any non-contractual disputes or claims). We shall be entitled to bring any dispute or claim arising out of or in connection with these terms (including any non-contractual disputes or claims) or seek the remedies of injunction or other relief for any threatened or actual breach of these terms by you in any jurisdiction we consider appropriate. You acknowledge and agree that damages may not be an adequate remedy for us for any breach of these terms by you, including in a manner which infringes, misappropriates or violates any intellectual property or privacy rights or may cause irreparable or continuing harm.