DakApp Terms and Conditions
Effective Date: 01 September 2015
BY SELECTING “ACCEPT”, ACCESSING, OR USING THE WEB OR DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP YOU AGREE THAT YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT SELECT “ACCEPT” OR ACCESS, OR USE THE WEB, OR DOWNLOAD, INSTALL, ACCESS OR USE THE APP. YOU CAN REVIEW THE MOST CURRENT VERSION OF THESE TERMS AT ANY TIME THROUGH THE WEB BY GOING TO “TERMS AND CONDITIONS” IN THE WEB OR THROUGH THE APP BY GOING TO “SETTINGS” AND SELECTING “LEGAL INFORMATION” IN THE APP.
The Web and the App are provided by DakApp FZE (“DakApp”, “we”, “our”, or “us”). “You” means an individual who accesses or uses the Web and/or the App. “Updates” means updates, upgrades, bug fixes, patches, and new versions of the Web and the App that DakApp may, in its sole discretion, make available to you.
1. Changes to these Terms
DakApp reserves the right to change these Terms at any time. Additional terms may accompany Updates, 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 Web and/or 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 Web and/or the App.
2. Availability; Caution about Accuracy of Information
You may use the Web and/or the App when they are available. The Web or the App may not always be available. There may be interruptions or extended downtimes and DakApp may suspend access to the Web and/or the App in its sole discretion. There may be information available through the Web or the App that is outdated, contains typographical errors, inaccuracies, or omissions. You agree not to rely on any information provided in the Web or the App.
Subject to your compliance with these Terms, DakApp grants to you a limited, personal, non-exclusive, non-transferable, non-sublicenseable, revocable license to use the Web and install and use the App solely for your personal and non-commercial use.
4. Third Party Website Links
5. DakApp Proprietary Content
- 5.1. As between you and DakApp, DakApp or its affiliates, subsidiaries, licensors, and suppliers retain title to and ownership of everything on or used in connection with the Web and the App, including, but not limited to: content, including music content; text; images; graphics; logos; metadata; visual, auditory, tactile, and motion user interfaces; and any DakApp hardware, software, or computer code (collectively, “Content”). This also includes, but is not limited to, the structure, design, overall “look and feel” and arrangement of the Web, the App and Content.
- 5.2. DakApp, its affiliates, subsidiaries, licensors, and suppliers own the patents, copyrights, trademarks, service marks, trade names, trade secrets, domain names and other intellectual property, and proprietary rights throughout the world in, or to, or associated with the Web, the App and Content (the “IP Rights”). The Web, the App and Content are protected by the IP Rights.
- 5.3 You may not modify, reproduce, distribute, create derivative works or adaptations of, publish, perform, display, transmit or in any way exploit any of the Web, the App, or Content in whole or in part, including, but not limited to, by sharing or making available any source code or executable code of any software associated or used in connection with the Web, the App or Content, except as expressly authorized by DakApp. Except to the extent required to be permitted by law, you may not, in whole or in part, reverse-engineer, derive (or attempt to derive) any source code, modify, disassemble, decompile, or remove any proprietary notices or labels from the Web, the App or Content. Except as expressly provided in Section 3, DakApp does not grant you any express or implied rights in or to the Web, the App or Content. You may not rent, lease, license or sublicense the Web, the App or Content to others, or use the Web, the App or Content in any manner for the benefit of any third party.
6. Restricted Use
You must use the Web and/or the App in a manner consistent with all applicable laws and regulations, and these Terms. You may not use the Web and/or the App for any illegal, commercial, or unauthorized purpose. You may not use the Web and/or the App in a manner that could damage or cause risk to DakApp’s business, reputation, employees, customers, facilities, or to any third party. Unauthorized use of the Web and/or the App includes but is not limited to: (a) tampering with or using non-public areas of the Web, the App or DakApp’s computer systems; (b) attempting to probe or test the vulnerability of the Web, the App or DakApp’s computer systems, or to breach DakApp’s security or authentication measures; (c) attempting to access or search the Web and/or the App or DakApp’s systems with any software or mechanism other than the software and/or search agents provided by DakApp or other generally available third party browser; (d) attempting to decompile, decipher, disassemble, reverse-engineer or otherwise attempt to access or obtain the source code of any of software comprising or in any way making up a part of the Web, the App or DakApp’s systems; or e) attempting to interfere with the access of any user, host or network, including but not limited to sending a “virus” through the Web, the App or DakApp’s systems.
If you submit or provide suggestions for improving the Web and/or the App (“Feedback”) to DakApp, DakApp will be free to exercise any and all rights in the Feedback without restriction or compensation of any kind.
8. Termination; Suspected Breach
If you breach any of the terms and conditions of these Terms or DakApp suspects any breach of these Terms, or for any other reason that affects DakApp’s business, customers or the public, DakApp may: (a) immediately suspend and/or terminate your DakApp account and/or these Terms; and/or (b) cooperate with law enforcement in legal proceedings against violators. You agree to cooperate with DakApp in investigating suspected violations. In the event of termination of these Terms, any and all licences granted to you under these Terms immediately cease, and you must: (i) immediately cease any use of the Web and the App; and (ii) delete all copies of the App in your possession, custody, or control. The rights of termination and suspension in this Section may be exercised without the order of any court or other judicial authority.
9. Copyright Policy
You agree to respect the intellectual property rights of DakApp and third parties. If you believe that material available through the Web or the App infringes the copyright of any third party, please notify DakApp by using the notice procedure described at Section 21. After receiving notice, DakApp may remove or disable access to any infringing material. DakApp has the right to terminate any right of access to the Web and/or the App for infringement of DakApp’s or others’ rights.
10. Applicable Law
These Terms shall be governed by and interpreted in accordance with the laws of the Emirate of Dubai and the Federal laws of the United Arab Emirates as applicable to the Emirate of Dubai.
11. Injunctive Relief
If you breach or indicate your intention to breach these Terms (including, but not limited to, in a manner that infringes, misappropriates or violates any intellectual property or privacy rights or may cause irreparable or continuing harm), DakApp may seek all remedies available under applicable law including injunctive relief against you.
You will defend, indemnify and hold DakApp, its directors, officers, employees, agents, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your use of the Web or the App; or (b) any violation by you of: (i) these Terms: (ii) any applicable laws or regulations; or (iii) any third party rights. This obligation will survive the termination or expiration of these Terms and your use of the Web or the App.
13. DISCLAIMER OF WARRANTIES
THE WEB, THE APP AND CONTENT ARE PROVIDED “AS IS” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AVAILABILITY, SECURITY, ACCURACY AND EFFORT IS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DAKAPP AND ITS SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, DAKAPP, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT: (I) THE WEB AND THE APP WILL MEET YOUR REQUIREMENTS; (II) THE WEB AND THE APP WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (III) THE WEB AND THE APP ARE SECURE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE COMPONENTS; (IV) ANY INFORMATION OBTAINED BY YOU USING THE WEB OR THE APP WILL BE ACCURATE OR RELIABLE; OR (V) ANY DEFECTS OR ERRORS IN THE WEB OR THE APP WILL BE CORRECTED. DAKAPP DOES NOT CONTROL YOUR MOBILE SERVICE PROVIDER, AND NO WARRANTY IS MADE AS TO COVERAGE, AVAILABILITY OR SERVICE PROVIDED BY YOUR MOBILE SERVICE PROVIDER. ALL CONTENT AND OTHER MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE WEB OR THE APP ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM DOWNLOAD OF ANY MATERIAL. DAKAPP IS NOT RESPONSIBLE FOR ANY CHARGES THAT YOU MAY INCUR FROM THIRD PARTIES WITH RESPECT TO YOUR USE OF THE WEB OR THE APP OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DATA CHARGES OR INTERNET ACCESS FEES. DAKAPP DOES NOT REPRESENT OR WARRANT THAT THE WEB, THE APP OR ANY FEATURE OR PART THEREOF IS AVAILABLE OR APPROPRIATE FOR USE IN ANY PARTICULAR LOCATION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS IN CONNECTION WITH YOUR ACCESS AND USE OF THE WEB AND THE APP.
14. DISCLAIMER OF CERTAIN DAMAGES
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL DAKAPP OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS WHICH MAY BE INCURRED BY YOU OR FOR: ANY LOSS OF PROFIT; LOSS OF GOODWILL; WORK STOPPAGE; BUSINESS INTERRUPTION; LOSS OR CORRUPTION OF PRIVACY OR DATA; SOFTWARE OR HARDWARE (INCLUDING, BUT NOT LIMITED TO, COMPUTER) FAILURE OR MALFUNCTION; OR ANY AND ALL OTHER DAMAGES OR LOSSES ARISING FROM OR RELATING TO THESE TERMS, THE WEB, THE APP OR CONTENT, HOWEVER CAUSED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. YOU UNDERSTAND THAT DAKAPP WILL IN NO EVENT BE LIABLE FOR ANY CHANGES WHICH DAKAPP MAY MAKE TO THE WEB, THE APP OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB, THE APP OR ANY OF ITS FEATURES. NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD.
15. LIABILITY CAP AND EXCLUSIVE REMEDY
- 15.1. To the maximum extent permitted by applicable law, DakApp’s and its AFFILIATES, suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under theSE Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to theSE Terms, THE WEB, the APP, your use of the WEB, your use of the APP AND CONTENT will be to recover the price you paid for the specific item of content giving rise to the claim or cause of action. The existence of multiple claims or suits under or related to the Terms, THE WEB, the APP, your use of the WEB, your use of the APP OR CONTENT will not enlarge or extend the limitation of money damages. To the maximum extent permitted by applicable law, these actual money damages will be your sole remedy.
- 15.2. Nothing in this section 15 will be interpreted as purporting to exclude liability which cannot under applicable law be excluded, but any such statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under such legislation.
16. Independent Remedies
The disclaimer of certain damages under Section 14 is independent of your exclusive remedy in Section 15 and it survives even if the exclusive remedy is deemed unenforceable. Each of these limitations of liability in Sections 14 and 15 apply without regard to whether damages arise from: (a) breach of contract: (b) breach of warranty or contract: (c) fault or tort, including negligence and misrepresentation; (d) strict liability; or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Subject to Section 15.2, if any provision of these Terms is determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
18. Events Outside DakApp's Control
DakApp will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an event outside its or its employees’, agents’ or subcontractors’ reasonable control (“Force Majeure Event”). DakApp's performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period.
If DakApp fails, at any time, to insist on strict performance of any of your obligations under these Terms, or if DakApp fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any rights or remedies and will not relieve you from compliance with these Terms. A waiver by DakApp of any default by you under these Terms will not constitute a waiver of any subsequent default. No waiver by DakApp of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- 20.2. You acknowledge and agree that, in entering into these Terms, you have not relied on any representation, undertaking or promise given by DakApp or implied from anything said or written by DakApp other than in these Terms.
- 20.3. You and DakApp are independent parties, and nothing in these Terms constitutes a partnership or joint venture between you and DakApp or makes either party the agent of the other.
- 20.4. The section titles in these Terms are used only for convenience and have no legal or contractual significance.
- 20.5. These Terms are published in English, German, French, Spanish and Italian. If there is a dispute between the English version and any translation, the English version of these Terms will govern.
- 20.6. DakApp may assign these Terms (including its rights and benefits under these Terms), in whole or in part, at any time with or without notice to you. You may not assign these Terms, or assign, transfer, or sublicense your rights in the Web and the App, except that you may transfer the App as installed on a device in connection with the sale or permanent transfer of ownership of the device, if the transferee agrees to be bound by these Terms.
DakApp may give you all notices that DakApp is required to give by any lawful method, including by posting notice on the Web or the App or by sending it to any email or mailing address that you provide to DakApp. If you have provided your email or mailing address to DakApp, you agree to keep your email and mailing addresses current and to check for notices posted on the Web or the App. You agree to send DakApp notice by mailing it to DakApp’s address for legal notices which is:
Dubai Silicon Oasis
United Arab Emirates