Terms & Conditions
INTRODUCTION
Greetings and welcome to the “Affirmatrix” mobile application.
By using our services within this application, you are agreeing to the following Terms and Conditions. These terms form a legally binding agreement between you and us, including our Privacy Policy. Please note that these terms may be updated periodically, with or without prior notice to you. It is important that you carefully read, understand, and agree to these terms before using the mobile application. If any of these terms are not acceptable to you, we kindly request that you refrain from using the mobile application.
DEFINITIONS
• “Agreement”:
Refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Mobile Application;
• “App” or “Application” or “Mobile Application”:
Refers to the Affirmatrix mobile application, including its content, features, and services provided by N1 Management LLC. •
“User” or “You”:
Denotes any individual accessing or using the Affirmatrix mobile application, whether as a registered or unregistered user.
• “We”, “us”, and “our”
are references to N1 Management LLC;
• “Personal Information”:
Includes any data or information provided by the user during registration or usage of the Affirmatrix mobile application, such as name, contact details, and preferences.
• “Usage Analytics”:
Signifies the collection, analysis, and interpretation of anonymous user data within the Affirmatrix mobile application for internal purposes, aiding in understanding user behavior and preferences.
• “User Account”
shall mean an electronic account opened for the user for availing of various services offered on the Mobile Application;
INTERPRETATION
• The use of the singular form includes the plural form, and vice versa. The term “includes” should be understood as “without limitation.”
• Words referring to a specific gender also encompass all other genders.
• References to statutes, ordinances, or other laws include all related regulations, instruments, consolidations, amendments, re-enactments, or replacements that are currently in effect.
• Headings, bold text, and italics (if any) are provided for convenience and do not define, limit, or affect the meaning or interpretation of the terms in this Agreement.
INTRODUCTION AND SCOPE
• Scope.
These Terms delineate the rules governing your utilization of the Mobile Application and its associated Services. However, they specifically exclude any regulations or clauses that concern Third-Party Products or Services. The terms governing these external offerings are subject to their respective terms of service.
• Eligibility:
Access to certain Services available on the Mobile Application is limited to individuals aged 18 and above who have not been suspended or removed from the system by our administrators for any cause or violation.
• Electronic Communication:
By utilizing this Mobile Application or initiating electronic communications like emails from your computing device, you are partaking in electronic communication. Your usage signifies your acceptance of receiving electronic communications from us in the same digital format. Additionally, you acknowledge your ability to retain copies of these communications for your personal reference.
SERVICES
At Affirmatrix, we believe in the power of positive thinking to transform lives. Our app is designed to empower you on your journey towards personal growth and fulfillment.
With Affirmatrix, you can effortlessly create customized affirmation audios that resonate with your goals and aspirations. What sets Affirmatrix apart is its simplicity and effectiveness. In just a few seconds, you can generate a unique affirmation audio tailored to your specific needs. Whether you’re looking to reduce stress, improve sleep quality, or manifest your desires, Affirmatrix has you covered.
MODIFICATIONS TO THE SERVICE
We reserve the authority to implement alterations, additions, or deletions (referred to as “Changes”) to the Terms at our discretion. These Changes are subject to occurrence at any given time. Notification of these Changes may occur through the publication of an updated version of the Terms on our Mobile Application. Your continued use of the Mobile Application following the posting of these Changes indicates your acceptance and consent to adhere to the revised Terms.
ACCOUNT
In order to access certain features and services of the Affirmatrix mobile application, users may be required to create an account. By registering an account with Affirmatrix, users agree to provide accurate, current, and complete information as prompted by the registration form. Users also agree to maintain the security of their account credentials and are solely responsible for any activities that occur under their account.
Affirmatrix reserves the right to suspend or terminate accounts found to be in violation of these terms or engaged in any unauthorized or unlawful activity. Users understand that they may be required to provide additional information or verify their identity during the registration process to ensure compliance with our policies and procedures. Additionally, users acknowledge that the information provided during registration may be used in accordance with our Privacy Policy.
AFFIRMATION CONTENT POLICY
Users of Affirmatrix hereby acknowledge and agree to the Affirmation Content Policy, which grants Affirmatrix the explicit right to review and reject any affirmation content generated through the platform. Affirmatrix reserves this right particularly for affirmations that contain swear words, profanities, sexual content, references to suicide, violence, or any other topics that may be deemed inappropriate or unsuitable for maintaining a positive environment within our platform. By using Affirmatrix, users consent to abide by this policy and understand that affirmations failing to meet these standards may be subject to rejection.
Furthermore, users understand and acknowledge that the affirmation content generated within the Affirmatrix app is intended for personal use and should not be shared or distributed without proper attribution. Users are solely responsible for the dissemination of affirmations and agree to ensure that they are used ethically and responsibly.
Affirmatrix reserves the right to enforce this policy and take appropriate action, including but not limited to the removal of affirmations that violate these guidelines.
By using the Affirmatrix app, users affirm their understanding of and agreement to adhere to the Affirmation Content Policy and accept the consequences outlined herein for non-compliance.
USER RESPONSIBILITY FOR AFFIRMATION USE
Users accessing and utilizing affirmations generated through Affirmatrix hereby assume full responsibility for their use and application. While affirmations provided by Affirmatrix are intended to serve as beneficial tools for personal development and growth, users acknowledge that their effectiveness is contingent upon individual application and commitment to positive thinking practices.
Users understand that the impact and outcome of affirmations depend largely on their own beliefs, attitudes, and actions. By using Affirmatrix, users affirm their understanding and acceptance of this responsibility, agreeing to use affirmations in a manner consistent with their personal development objectives and ethical considerations.
PRIVACY AND CONFIDENTIALITY ASSURANCE
At Affirmatrix, we prioritize the protection and confidentiality of user information. We are dedicated to upholding the highest standards of privacy and security in accordance with industry best practices. When users engage with our platform, we collect personal data such as first and last names, relationship status, interests, limiting beliefs, goals, and email addresses. It’s imperative to note that this information is collected solely for the purpose of customizing affirmations to meet the unique needs and preferences of each user.
We assure our users that their personal data will be treated with the utmost confidentiality and will not be shared with any third parties without their explicit consent. Our commitment to privacy and confidentiality underscores our dedication to providing a safe and trusted environment for our users to embark on their personal growth journey with confidence.
USER CONTENT
A. Content Responsibility.
The Mobile Application allows you to submit various types of content and feedback. However, you are solely responsible for the content you submit, and by doing so, you affirm that you have obtained the necessary permissions to use such content.
When submitting content to the Mobile Application, please refrain from providing any content that falls under the following categories:
• Contains disrespectful, offensive, racist, hateful, or profane language, or includes text, photographs, or illustrations that are pornographic or in poor taste, and avoids inflammatory attacks on personal, racial, or religious grounds.
• Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, or includes gross exaggeration or unsubstantiated claims.
• Infringes upon the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
• Discriminates based on race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or references such matters in any manner prohibited by law.
• Violates or encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
• Attempts to use another user’s account, password, service, or system without express permission as granted by the Terms and Conditions.
• Uploads or transmits viruses or any other harmful, disruptive, or destructive files.
• Sends repeated messages related to another user, makes derogatory or offensive comments about another individual, or reposts the same message under multiple emails or subjects.
We reserve the right to reject any content submitted under these criteria. In cases of repeated violations, we may take action to cancel a user’s access to the Mobile Application without prior notice.
PAYMENT PROCESS
• Apple Pay Convenience:
Users of the Affirmatrix app have the option to conveniently make payments using the Apple Pay payment gateway, providing a seamless and secure payment experience.
• Transaction Security:
The integration of Apple Pay ensures that all transactions conducted within the Affirmatrix app are processed with the highest level of security. Apple Pay employs industry-standard encryption and tokenization techniques to protect users’ payment information, safeguarding against unauthorized access or fraud.
• Billing Information Accuracy:
To facilitate successful transactions through Apple Pay, users must ensure that their billing information associated with their Apple Pay account is accurate and up to date. This includes verifying payment methods and ensuring that billing addresses are correctly entered.
• Authorization for Charges:
By opting to use Apple Pay for payments within the Affirmatrix app, users implicitly authorize Affirmatrix to charge the applicable fees to their linked payment method. This authorization grants Affirmatrix the necessary permissions to process payments seamlessly on behalf of the user.
• Non-Refundable Nature of Payments:
Users should be aware that payments made through Apple Pay within the Affirmatrix app are generally non-refundable, except in cases explicitly outlined in the app’s refund policy. Therefore, users are encouraged to review and understand the terms and conditions governing refunds before initiating a transaction.
• User Responsibility and Awareness:
It is the responsibility of users to familiarize themselves with any terms and conditions associated with payments processed through Apple Pay. This includes understanding any applicable fees, transaction limits, and authorization requirements imposed by Apple Pay or the user’s financial institution. By using Apple Pay within the Affirmatrix app, users acknowledge their understanding of these terms and agree to adhere to them during the payment process.
GENERAL CONDITIONS
• The accuracy, completeness, validity, or timeliness of the information provided by us cannot be guaranteed.
• In the event of significant changes to these terms and conditions, we may notify you through prominent postings or via email communication.
• The Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely for your personal, private, and non-commercial use in connection with the Service. This license is subject to all the terms and conditions of this Agreement as they pertain to the Service.
• You acknowledge and agree that we have no obligation to provide any maintenance or support services for the App. • You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have regarding the Mobile Application.
• Affirmatrix reserves the right to suspend or terminate your usage or access to the platform or system.
• Affirmatrix is also not responsible for the activities or legal consequences of using the application in jurisdictions that may criminalize or restrict such interactions. You are responsible for making informed decisions about using the application in your location and assessing any potential adverse consequences.
CONTINUOUS IMPROVEMENT AND FEEDBACK
At Affirmatrix, we strive for continuous improvement to enhance our app’s features, user experience, and effectiveness. We recognize the invaluable role that user feedback plays in this process. Therefore, we actively encourage our users to share their thoughts, suggestions, and experiences with us. By collecting feedback and usage data, we gain valuable insights into user preferences and behaviors, enabling us to make informed decisions that benefit our entire user community.
Users can contribute to the ongoing improvement of Affirmatrix by providing feedback directly through the app or participating in surveys and research initiatives. Together, we can collaborate to ensure that Affirmatrix remains a leading platform for personal development, empowering users to achieve their goals and aspirations with greater ease and effectiveness.
COMMUNITY GUIDELINES COMPLIANCE
Users of Affirmatrix acknowledge and provide explicit consent to the personalized nature of the affirmations generated by the platform. This acknowledgment entails an understanding that Affirmatrix utilizes the information provided by users to tailor affirmations to their specific goals, desires, and individual needs.
Users recognize that the effectiveness of affirmations is significantly enhanced when they are personalized to align closely with their unique circumstances and aspirations. By consenting to this personalized approach, users empower Affirmatrix to leverage their input effectively in crafting affirmations that resonate deeply with their intentions and motivations.
This consent underscores the collaborative partnership between users and Affirmatrix in facilitating personal growth and transformation through the power of affirmations.
NON-MEDICAL DISCLAIMER
Users accessing and utilizing Affirmatrix acknowledge and understand that the platform is not intended to serve as a substitute for medical advice, diagnosis, or treatment. While affirmations generated by Affirmatrix may offer support for mental well-being and personal development, users are strongly advised to consult with qualified healthcare professionals for any medical or psychological concerns they may have.
It’s essential to recognize that while affirmations can be valuable tools for promoting positive thinking and emotional resilience, they are not a replacement for professional medical or psychiatric intervention when necessary. By using Affirmatrix, users affirm their understanding of this disclaimer and agree to seek appropriate medical or psychological assistance as needed for their well-being.
AFFIRMATION AUDIO USAGE RIGHTS
Users of Affirmatrix maintain ownership rights over the affirmations they generate through the platform. However, by using Affirmatrix, users grant the platform a non-exclusive, royalty-free license to utilize, reproduce, modify, and distribute the affirmation audios generated by users. This license is granted solely for the purpose of providing and enhancing the services offered by Affirmatrix.
Users acknowledge and consent to Affirmatrix’s right to use their generated affirmations to improve the app’s features, user experience, and effectiveness. It’s important to note that while Affirmatrix may utilize user-generated affirmations for these purposes, users retain full ownership and control over their content. This arrangement reflects Affirmatrix’s commitment to respecting user rights while leveraging user-generated content to enhance the overall quality and functionality of the platform.
LIMITED GUARANTEE
Through the Mobile Application:
• We offer you the opportunity to access the services provided by our Mobile Application.
• We do not warrant or guarantee the accuracy, completeness, reliability, currency, or error-free nature of the service descriptions. If a service provided by the Mobile Application does not match its description, your sole recourse is to inform us so that appropriate measures can be taken.
GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Mobile Application is invalid where banned.
INTELLECTUAL PROPERTY PROTECTION
By accessing and using Affirmatrix, users explicitly agree to uphold and respect the intellectual property rights owned by Affirmatrix. This includes but is not limited to proprietary algorithms, software code, and content created and maintained by Affirmatrix.
Users acknowledge that any unauthorized reproduction, distribution, or modification of Affirmatrix’s intellectual property is strictly prohibited and may result in legal action. It is imperative that users refrain from engaging in activities that infringe upon Affirmatrix’s intellectual property rights, as such actions undermine the integrity and value of the platform. By adhering to these terms, users contribute to safeguarding the innovative developments and unique features that define Affirmatrix as a leading platform for personal development and empowerment.
AFFIRMATION EFFECTIVENESS ACKNOWLEDGMENT
Users accessing Affirmatrix acknowledge and understand that the effectiveness of affirmations may vary based on individual beliefs, attitudes, and behaviors. While Affirmatrix provides tools and resources to facilitate positive thinking and personal growth, users recognize that the outcomes and results derived from using the platform are contingent upon their individual engagement and commitment. Affirmatrix does not guarantee specific outcomes or results from using the app and its generated affirmations. Users understand that the impact of affirmations is influenced by factors such as personal beliefs, receptivity to change, and consistency of practice.
Therefore, while Affirmatrix strives to provide valuable tools and support for personal development, users acknowledge that the ultimate effectiveness of affirmations depends on their own efforts and receptiveness to the process. By accepting this acknowledgment, users affirm their understanding of the inherent variability in affirmation outcomes and undertake to approach their personal growth journey with realistic expectations and dedication.
USER RESPONSIBILITIES
• You shall use the Service and Mobile Application for a lawful purpose and comply with all the applicable laws while using the Mobile Application;
• You shall not use or access the Mobile Application for collecting any market research for some competing business;
• You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
• You will not use any device, scraper, or any automated thing to access the Mobile Application by any means without taking permission.
• You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
• You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Mobile Application;
• You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
• You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Mobile Application. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties
We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.
EXCLUSION OF LIABILITY
We are not responsible for any delays or errors that occur due to circumstances beyond our control (Force Majeure). These circumstances may include labor disputes, fires, wars, government decisions, or failure of delivery from other users.
You acknowledge and agree that:
a) We do not guarantee the accuracy, completeness, validity, or timeliness of the information provided by us or any third parties, and
b) We are not responsible for any materials posted by us or any third party. You should use your own judgment, caution, and common sense when evaluating any methods, offers, or information provided by us or any third party.
Furthermore, we shall not be liable for any direct, indirect, consequential, or any other form of loss or damage that may be incurred by a user through the use of Affirmatrix, including loss of data, information, financial loss, or physical damage. In no event shall Affirmatrix, its owners, directors, employees, partners, agents, suppliers, or affiliates be held accountable for any indirect, incidental, special, consequential, or exemplary costs, including but not limited to loss of revenue, data, usage, goodwill, or other intangible losses resulting from:
• your use or inability to access or use the Service,
• any conduct or content of any third party on the Service, or
• unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
This disclaimer applies to the use of Affirmatrix across various apps, and we shall not be held responsible for any issues arising from circumstances beyond our control or for the actions of third parties on any messaging platforms.
CONTINUED USE ACKNOWLEDGMENT
Users engaging with Affirmatrix acknowledge and affirm their dedication to ongoing personal growth and development. By actively utilizing the platform, users recognize their commitment to harnessing the potential benefits of affirmations as a tool for self-improvement. Affirmatrix encourages users to integrate affirmations into their daily routines consistently, recognizing the cumulative effects of regular practice in fostering positive change and personal empowerment.
Through this acknowledgment, users commit to prioritizing their well-being and proactively engaging with the resources provided by Affirmatrix to support their journey towards greater fulfillment and success.
DATA SECURITY ASSURANCE
Affirmatrix prioritizes the security and integrity of user data as a fundamental aspect of our commitment to user privacy and trust. Users engaging with Affirmatrix implicitly consent to the collection, storage, and processing of their personal information in accordance with the platform’s privacy policy.
This consent extends to the implementation of stringent security measures designed to safeguard user data against unauthorized access, disclosure, or misuse. Affirmatrix employs encryption protocols, access controls, and other industry-standard security practices to protect user information from potential threats or breaches.
By utilizing Affirmatrix, users entrust their personal data to a platform that prioritizes data security and adheres to strict privacy standards, ensuring their peace of mind while engaging with the app’s services.
NO RESPONSIBILITY
We shall not be held responsible for:
• Any losses incurred by you due to inaccurate or incomplete information submitted by you through our Mobile Application.
• Any losses incurred by you due to your inability to access or use our Mobile Application at any given time.
• Any errors or omissions present in our Mobile Application.
• Any unauthorized access or loss of personal information that is beyond our control.
SPAM POLICY
The usage of the Mobile Application or any of our Services for illegal spam activities, such as gathering email addresses and personal information from others or sending mass commercial emails, is strictly prohibited.
AFFIRMATION ACCOUNTABILITY:
Users accessing affirmations generated by Affirmatrix recognize and accept their responsibility for the appropriate use and dissemination of this content. While affirmations are provided for personal use and growth, users understand that they should not be shared or distributed without proper attribution. Users agree to uphold ethical standards and ensure that affirmations are used in a manner consistent with the principles of integrity, respect, and responsibility. This includes refraining from sharing affirmations in a manner that may infringe upon the rights of others or compromise the confidentiality and personal nature of the affirmations.
By accepting this accountability, users contribute to fostering a culture of ethical usage and responsible sharing within the Affirmatrix community, promoting mutual respect and support among users engaged in their personal development journey.
CONTINUOUS AFFIRMATION EVOLUTION
Affirmatrix, as a dynamic platform committed to providing users with the best possible experience, reserves the right to evolve and enhance its features, content, and services over time. Users engaging with Affirmatrix acknowledge and accept that updates, modifications, or removals of features may occur periodically to improve user experience and effectiveness.
These changes may encompass adjustments to user interface elements, introduction of new features, or refinement of existing functionalities. By utilizing Affirmatrix, users implicitly agree to abide by the updated terms and conditions governing the platform’s usage. This acknowledgment reflects Affirmatrix’s dedication to continuous improvement and innovation in providing users with valuable tools and resources for their personal growth journey.
THIRD-PARTY LINKS
The Mobile Application may contain links to external or third-party websites (“External Sites”). These links are provided solely for your convenience and should not be interpreted as an endorsement by us of the content on such External Sites. The content on these External Sites is created and maintained by others. If you choose to access these External Sites, you will be directed to the respective site administrator.
We are not responsible for the content provided on any External Sites and make no representations regarding the accuracy or reliability of the information found on such External Sites. It is important to exercise caution when downloading files from these websites to protect your computer from viruses and other harmful programs. By accessing linked External Sites, you acknowledge and accept the associated risks and proceed at your own discretion.
PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using this Mobile Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.
USER EMPOWERMENT DECLARATION
Through their engagement with Affirmatrix, users make a solemn declaration of their dedication to self-empowerment and personal development. Users recognize that achieving their aspirations and desires necessitates proactive involvement, unwavering dedication, and a steadfast belief in the profound transformative potential of positive affirmations.
By embracing Affirmatrix as a tool for growth, users acknowledge their pivotal role in shaping their own destinies and commit to actively participating in the journey towards realizing their goals. This declaration underscores users’ acknowledgment of their agency and responsibility in harnessing the power of affirmations to effect positive change in their lives, fostering a sense of empowerment and ownership over their personal development journey.
USER ENGAGEMENT METRICS
Users of Affirmatrix consent to the collection and analysis of anonymized user engagement metrics as part of their interaction with the platform. These metrics encompass a range of data points, including usage patterns, frequency of affirmation creation, and duration of app sessions.
By agreeing to this provision, users acknowledge that these metrics are utilized by Affirmatrix to gain insights into user behavior and preferences, with the overarching goal of enhancing the app’s features and user experience. It’s important to note that the collected data is anonymized, meaning that individual user identities are not associated with the metrics gathered. This ensures user privacy and confidentiality while still allowing Affirmatrix to leverage valuable information to make informed decisions about platform improvements.
Users recognize that their participation in providing these engagement metrics contributes to the ongoing evolution and refinement of Affirmatrix, ultimately benefiting the entire user community by fostering a more intuitive, effective, and personalized user experience.
ERRORS, INACCURACIES, AND OMISSIONS
We have made every effort to ensure the accuracy and reliability of the information provided on this Mobile Application. However, we apologize for any errors or omissions that may have occurred.
Please note that we cannot guarantee that the usage of the Mobile Application will be error-free, suitable for your intended purpose, or timely. We also cannot guarantee that any defects will be corrected or that the Mobile Application or its server is free of viruses, bugs, or other potentially harmful components.
While we strive for the full functionality and accuracy of the Mobile Application, we do not provide any warranties, whether express or implied, regarding fitness for a particular purpose or the accuracy of the information.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Mobile Application and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the Mobile Application will operate error-free or that the Mobile Application, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, non-violation of third parties’ rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the Mobile Application or the content, even if we have been recommended of the possibility of such damages.
The Mobile Application may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any typographical, technical, or pricing errors recorded on the Mobile Application. The Mobile Application may contain information on certain services, not all of which are available in every location. A reference to a service on the Mobile Applications does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the Mobile Application at any time without notice.
COPYRIGHT AND TRADEMARK
The Mobile Application contains various materials, including software, text, graphics, images, designs, sound recordings, audiovisual works, and other content (collectively referred to as the “Content”). This Content may be owned by us or third parties. Unauthorized use of the Content may violate copyright, trademark, and other laws. You do not have any rights to the Content, and you may only access and use the Content as permitted under this Agreement. Any other use requires our prior written consent.
When making copies of the Content, you must retain all copyright and proprietary notices that are present in the original Content. You are prohibited from transferring, licensing, sublicensing, selling, modifying, reproducing, displaying, publicly performing, creating derivative versions of, distributing, or using the Content in any way for public or commercial purposes. The use or posting of the Content on any other mobile application or in a networked computer environment for any purpose is expressly forbidden.
If you violate any part of this Agreement, your permission to access and use the Content and the Mobile Application automatically terminates, and you must immediately delete any copies of the Content that you have made.
The trademarks, service marks, and logos displayed on the Mobile Application are registered and unregistered trademarks or service marks owned by us. Other product and service names mentioned on the Mobile Application may be trademarks or service marks owned by others (referred to as “Third-Party Trademarks” together with our marks, the “Trademarks”). Nothing on the Mobile Application should be interpreted as granting any license or right to use the Trademarks without our prior written permission for each specific use. You are not allowed to retransmit any of the Content without our express written consent for each instance.
INDEMNIFICATION
You agree to protect, indemnify, and hold us, as well as our officers, directors, employees, successors, licensees, and assigns, harmless from any claims, actions, or demands, including reasonable legal and accounting fees, that may arise from your violation of this Agreement or your misuse of the Content or the Mobile Application.
If such a claim, lawsuit, or proceeding occurs, we will notify you and provide assistance, at your expense, in defending against it. We reserve the right, at your expense, to take exclusive control of any matter that requires indemnification under this section. In such a situation, you agree to cooperate with reasonable requests to support our defense of the matter.
MISCELLANEOUS
SEVERABILITY
If any provision of these Terms is deemed unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that the remaining Terms remain in full force and effect and are enforceable.
TERMINATION
Term:
The provision of Services to you may be canceled or terminated by us. We reserve the right to terminate these Services at any time, with or without cause, upon written notice. Such termination will not incur any liability on our part towards you or any third party. Termination of these Terms will result in the termination of all your Services subscriptions.
Effect of Termination:
Upon the termination of these Terms for any reason, or the cancellation or expiration of your Services: (a) We will cease providing the Services; (b) You will not be entitled to any refunds or prorated usage fees, or any other fees; (c) Any outstanding fees owed to us will become immediately due and payable in full; and (d) We may delete your archived data within 30 days.
All sections of the Terms that expressly provide for survival, or that are of a nature that should survive, will continue to be in effect after termination, including, but not limited to, indemnification, warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the parties regarding the subject matter contained herein.
DISPUTE RESOLUTION
In the event of a dispute between you and the Mobile Application Affirmatrix, our aim is to resolve the dispute quickly and cost-effectively. Therefore, you and the Mobile Application agree that any claim or controversy arising between us under this Agreement or related to the Mobile Application and Mobile Application Services (a “Claim”) will be resolved according to the “Dispute Resolution” section below. Prior to resorting to these alternatives, you agree to first contact us directly for dispute assistance by reaching out to Customer Service.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms stated herein will be governed by and interpreted under the laws of the United Arab Emirates, without giving effect to any conflicts of law principles. The Courts of Dubai will have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.
FORCE MAJEURE
We will not be held liable to you, your users, or any third party for any failure to perform our obligations under these Terms if such non-performance is a result of an event beyond our reasonable control, including, but not limited to, acts of war or terrorism, natural disasters, power supply failure, riots, civil disorders, or other force majeure events.
ASSIGNMENT
We have the right to assign or transfer this agreement to any third party, including our holding company, subsidiaries, affiliates, associates, and group companies, without requiring your consent.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at info@divinitech.com.