Terms & Conditions

1)AGREEMENT TO TERMS.

The Terms of Use Agreement (“Agreement”), created on the effective date and last amended on the date above, is made between you (“user,” “you,” or “your”) and:

a. The App

This app, named Zaki, can be reached for any inquiries or assistance through the email address zakicontactus@gmail.com.

The owner mentioned above includes its affiliated companies, apps, applications, software, and tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media form, media channel, mobile app or mobile application related or connected thereto (collectively, the “app”), for the purpose of making use of any of the content, software, or other tools on the app (“services”).

2. PAYMENTS.

All or a portion of the services offered by the app

2.1. Free and accessible by all users.

a) Free Access: Users who do not subscribe can still access our app and make use of its features.

b) Limited Usage: Without a subscription, users will have a limit of three questions and answers per day.

2.2. Subscription and Full Access.

If users choose to subscribe, they will gain access to unlimited questions and answers per day.

a Forms of Payment. We accept payment through the methods offered at the time of purchase or when a balance is due. The provider and method of payment are determined by your location, device, and purchased item. We reserve the right, at any time, to reject payment for any reason.

b) Subscriptions. If any of the services offered by us are only available with a paid subscription, you will be billed in advance and on a recurring and periodic basis such as monthly or yearly at the end of each period. With each successful payment, the subscription will automatically renew under the same conditions unless canceled.

c) Cancellation. You are entitled to cancel a subscription at any time and in accordance with the terms of this Agreement. Cancellation does not entitle you to a refund for any prior payments made.

d) Fee Changes. If any changes occur to the subscription amount, you will be given notice of at least one (1) billing cycle prior to the change taking effect. Notice will be provided on your profile.

e) Free Trials. Any free trial, sample, or other abridged versions of our services that are offered shall be considered a one (1) time use based on the registration of a user’s e-mail. It is strictly prohibited for a user to create and register more than one account solely to access another free trial on the app.

f) Refund Policy. Except when required by law, payments made by a user are not refundable by the company. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole discretion of the company.

g) In-App Purchases. If the app’s services are offered on an Android,iOS, or other mobile application (“mobile app”), this Agreement also applies to payments made on the mobile app. In addition, payments made on the mobile app must also be in accordance with the terms of the mobile app platform or “store.”

3. ACCESS.

Your access to and use of the app and the services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the app’s visitors. If, for any reason, you do not agree with any of the terms of this Agreement, you may not access the app or its services. Additionally, your access to and use of the services is conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information, which is initiated by and commences when you use the app. The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read our privacy policy prior to accessing the app or its services.

4) PROHIBITED ACTIVITIES.

As a user of our services, whether on the app or mobile app, it is prohibited to engage in the following activities:

Systematically retrieve data or other content from the app or services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;

Trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords;

Circumvent, disable, or otherwise interfere with security-related features of the app or services, including those that restrict the copying of content or protected marks;

Disparage, tarnish, or otherwise harm the company, app, mobile app, or any other platforms where the services are offered;

Use any information obtained from the app or the service to harass, abuse, or harm another person or group of people;

Make improper use of our support services, specifically our customer service representatives, or make false reports of abuse or misconduct;

Use the app or services in a manner that is inconsistent with its intended use or against any applicable laws;

Engage in spamming, linking, or referring to other apps for commercial or other purposes;

Upload or transmit, or the attempt of such act, viruses, trojan horses, or other damaging or improper material, including the spamming or continuous posting of repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or interfere with another user’s experience with the app or its features, functions, operations, or maintenance;

Attempting any unauthorized automated use of the app, such as using scripts to send comments and messages, or using mining tools with the intention of gathering, injecting, or extracting data;

Deleting copyrights, trademarks, disclaimers, or any other marks from the app or its content;

Impersonating another user or person by use of a username, e-mail, personal name, or in any other manner;

Upload or creat, or the attempt of such act, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices, also known as “spyware,” “passive collection mechanisms” or “PCM;”

Interfering with, disrupting, or creating an undue burden on the app, services, networks, and other connections;

Harassing, annoying, intimidating, or threatening any of the other users, employees, agents, contractors, or any other individual affiliated with the company;

Disabling or attempting to disable restrictions implemented by the app that prohibits access to certain areas;

Copying or adapting the software of the app, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

Deciphering, decompiling, disassembling, or reverse engineering any of the software on the app;

Except as may be the result of a standard search engine or internet browser usage, to use, launch, develop, or distribute any automated system, including, without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or offline reader that accessed the app or services, or using or launching any unauthorized script or other software;

Selling your user profile or account on the app.

5. USER-GENERATED ACCOUNT.

Our app or services may allow you to chat, m or other communication functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the app. As such, any content transmitted by you may be treated as non-confidential and non-proprietary. When you create or make any content available on the app, you are accepting that:

The creation, distribution, transmission, public display, or performance of displaying your content to be widely available for accessing, downloading, or copying does not infringe your or its proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential information or moral rights of a 3^rd party;

You are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, and other users of the app, to use your content in any manner deemed reasonable;

You have the written consent, release, or permission of each and every identifiable individual in your content to use their name or likeness;

Your content is not false, inaccurate, or misleading to the detriment of other users, the app, or any 3^rd party;

Your content is not unsolicited or unauthorized advertising, used for promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

Your content is not obscene, lewd, lascivious, filthy, violent, considered harassment, libelous, defamatory, or otherwise objectionable (as determined by us);

Your content does not ridicule, mock, disparage, intimidate, or verbally abuse other users or us;

Your content is not used to harass or threaten (in the legal sense of those terms) any user or individual or promotes violence against a specific person or class of people;
Your content does not violate any applicable laws or regulations;

Your content does not violate may privacy-related concerns or the publicity rights of any 3^rd party;

Your content does not include offensive comments related to groups of race, national origin, gender, relationship status, familial status, religion, sexual preference, or physical handicap; and

Your content does not link to material that violates any of the aforementioned provisions of this section or this Agreement.

By posting your content on our app, you grant us the right and license to use, modify and publicly perform, display, reproduce, and distribute such content. You retain any and all of your rights to any content you submit, post, or display and are responsible for protecting those rights. This license includes the right for us to make your content available to other users of the app, 3^rd parties, and the general public, with or without your consent.

6)GUIDELINES FOR REVIEWS.

We may provide you, either on the app or by a 3^rd party, the right to leave a review or rating of the services offered. Said review or rating requires that you:

Should have firsthand experience with the person/entity being reviewed

Do not contain any offensive, abusive, racist, profanity-laden language

Do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

Do not include references to illegal activity;

Do not post negative reviews as part of a scheme working with a competitor of ours;

Do not make any suggestions or conclusions as to the legality of our services, products, or conduct;

Do not post any false or misleading comments about your experience with the app or our company; and

Do not organize a campaign encouraging others to post reviews, whether positive or negative.

In our sole discretion, we may decide to accept, reject, or remove reviews. Our responsibility is to screen reviews to ensure that any postings regarding the app and its services are accurate and verifiable. Any reviews made by you or other users of the app do not represent our opinions or statements of the services or our affiliates or partners. We do not assume liability, claims, or losses resulting from any review made on the app. By posting a review, you hereby grant us a perpetual, nonexclusive, worldwide, commercial, royalty-free, and assignable license (and sublicense ability) to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such reviews made.

7) MOBILE APPLICATION LICENSE.

If a proprietary mobile application is offered in connection to the services offered on the app (“mobile app”), the following will apply:

Use License. We grant you a revocable, nonexclusive, non-transferable, and limited license to install and use the mobile app to access the app and its services. Under such license, you agree that it is prohibited to conduct the following:

Except as permitted by applicable law, to decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt any part of the mobile app;
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the mobile app;
Violate any applicable laws or regulations in connection with your use or access to the mobile app;

Apple and Android Devices. When using the mobile app on an Apple or Android device (“mobile platform”), the following will apply:

The license granted to you when using the mobile app is limited to a non-transferable license on a device that utilizes either of the mobile platforms, as applicable, in accordance with the usage rules set forth in the applicable mobile platform’s terms of service and any other applicable documents;

It is known that we are responsible for providing any maintenance and support services with respect to the mobile app in regard to updates made by the mobile platform and in its day-to-day use;

Any refund requests made by you from purchases made on the mobile app must be requested on the mobile platform in accordance with its refund policy. We cannot, on the app, assist in any refund request for payments made on the mobile app;
You must comply with applicable 3^rd party agreements that are used in combination with your wireless plan, network connection, or any other data service or device agreement; and

You acknowledge that the mobile platforms used in connection with the mobile app are 3^rd party beneficiaries in regard to this Agreement and that each mobile platform will have the right to enforce its terms and conditions regarding your access and activities when using the mobile app.

8) COPYRIGHT POLICY.

a) Intellectual Property Infringement.

It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.

If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.

If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.

9) INTELLECTUAL PROPERTY.

Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information (“intellectual property”). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended. No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.

10) USER OBLIGATIONS.

You, as a user of the app or any of its services, agree to the following:

Any information used for registration purposes, if required, must be submitted in an accurate and completed manner;

If any information should change regarding your account, you agree to change it in a timely fashion;

You have the legal capacity to understand, agree with, and comply with this Agreement;

In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the app or account and any future intended use.

11) USER ACCOUNTS.

If our app allows the creation of a user account of any type, you agree to be responsible for safeguarding its information, including account data, connected e-mails, passwords, and any other personal information. If you are made aware of any breach or unauthorized use of the account, notify us as soon as possible. Furthermore, you agree not to disclose any password created with any 3^rd party other than secured services used to assist with saving passwords on your behalf.

If the creation of a username is allowed when making an account, such username must be appropriate for public viewing and not violate any trademark, copyright, or other protected names or marks.

12. SOCIAL MEDIA.

As part of the app’s functionality, you may be able to link and connect a social media profile with your account for sharing information, logging into the app, or for any other reason that is in accordance with the terms of this Agreement and the social media company’s terms of use (“social media profile”).

If connecting a social media profile with the app, it is acknowledged that you may be required to disclose its login information or grant us access. Such disclosure or access is within the terms of use of the social media profile, and you understand that:

We may access, make available, and store (if applicable) any content that you have provided to and stored in your social media profile so that it is available on and through the app via your account, including without limitation any contacts;
We may submit and receive data, which may include personal information, to your social media profile upon its connection to the app;
That you have the ability, at any time, to disable the connection between the app and the social media profile; and
That the relationship between you and your social media profile is governed solely by its terms of use, and in no way does this Agreement amend your rights and responsibilities unless otherwise stated.

Due to the policies commonly mentioned in a social media company’s terms of use, we make no effort to review any content produced through the connection of a social media profile unless notified by other users, a 3^rd party, or another event that triggers a review of the account.

13) SUBMISSIONS.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the app (“submissions”) provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted on the app, it becomes our exclusive property along with all intellectual property rights, which we may use for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By posting your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete submissions to use them on another platform for your benefit or to reclaim their rights.

14) THIRD (3RD) PARTY APP AND CONTENT.

Our app or services may contain links to 3^rd party apps or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3^rd parties. You acknowledge that if you are to be re-directed or forwarded to such 3^rd party app, you hold us harmless and free of liability for any action that should occur on such apps, which may or may not include damages, losses, or any other claims.

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15) PRIVACY POLICY.

Your access to and use of our app or services is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights. We maintain the right to store certain data that you have transmitted by the use of the app or any of our services. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the app and any of its services. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.

16) TERMINATION.

We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the app and/or services will cease immediately.

If you wish to terminate your relationship with us, such termination can be made by simply discontinuing your use of the app and its services.

17) GOVERNING LAW.

The jurisdiction and governing law applicable to any legal matters concerning this app shall be the Kingdom of Saudi Arabia.

18) DISPUTE RESOLUTION.

In the event of any disputes or controversies arising from or in connection with this app, the party involved agree to resolve the matter through rules and regulations according to the Saudi Center for Commercial Arbitration (SCCA)

19. ”AS-IS” DISCLAIMER.

It is recognized to you, as a user of the app and any services offered, that they are provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.

To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the said app and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.

20)INDEMNIFICATION.

You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3^rd party due to or arising out of the following:

Our content;
Use of the app or any of our services;
Not able to use the app or any of our services;
Any breach of this Agreement;
Any beach of representations and warranties set forth in this Agreement;
Any violation of the rights of a 3^rd party, including but not limited to intellectual property rights; and
Any overt harmful act toward any other user of the app or its services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21)NOTICES.

Except as explicitly stated otherwise, any notices sent to us must be sent to the e-mail mentioned in Section 1 of this Agreement. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the account created on the app.

If notice is required to be sent via standard mail for legal or other purposes, the mailing address in Section 1 of this Agreement should be used.

22) ELECTRONIC MEANS.

When accessing the app or any of its services, sending e-mails, online forms, esignatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

23)fMISCELLANEOUS.

This Agreement and any policies or operating rules posted by us, on the app, or through any services or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.

If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.

It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the app, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the app for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto.

If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.