Version: 1.0

Date: 15 October 2020

BY USING OR CONTINUING TO USE THE APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APP.

You may download the App and use the Services only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. If you are under 18 or the legal age of majority in your jurisdiction, your educational institution, parent, or guardian must agree to these Terms on your behalf before you download the App and use the Services.

Who we are and what this agreement does

We Alef Education Consultancy LLC (Alef Education) a company registered in Abu Dhabi with commercial license CN-2209313 license you to use:

Alef Education mobile application software, the data supplied with the software, (App) and any updates or supplements to it;
the related online documentation (Documentation);
the service you connect to via the App and the content we provide to you through it (Service), as permitted in these terms.

as permitted in these terms.

Privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Policy .

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Your use of the App and/or the Services is at your own risk.

Operating system requirements

This app requires an Android/iOS capable device with a minimum of 100mb of memory and the Android 5.0 (Lollipop) or iOS 13.2 or above operating system.

Support for the App and how to tell us about problems

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at service@arabits.app.

How we will communicate with you. If we have to contact you we will do so directly through the App or by using the contact details you have provided 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 relating to your child dependent(s) only (permitted use);
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 corrections of errors as we may provide to you.

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 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 either you or someone logging in with your permission. 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.

Subscription

If you purchase a subscription inside the App, you have the ability to access certain premium content and features which are not available to non-subscribers. Such premium content and features may be updated by us from time to time including during the subscription period. Details of current subscription pricing is available within the app. We may revise the pricing for the subscription at any time.

Your subscription will begin as soon as your payment has been processed. You may cancel the subscription at any time during the subscription period. To do so, you should follow the necessary procedures to cancel a subscription for your mobile device. Please note that the cancellation will not take effect until the end of the then current subscription period. Unless you cancel prior to the end of the then current subscription period, your subscription will automatically continue for a further period equivalent to the then current subscription period.

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 someone else, whether for money, for anything else or for free. 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. 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 you use the App on 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 will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App 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.

You may stop us collecting such data at any time by turning off the location services settings on your device. Location data is not used to track you.

Instant Messaging Service

An online instant messaging service or similar communications tool (IMS) may be activated for you as part of the Service.

The IMS will not provide access to emergency services or emergency service providers.

We will from time to time determine or specify at our discretion the scope and features of the IMS and shall be entitled to modify, expand or reduce the same at any time upon notice to you

We are under no obligation to oversee, monitor or moderate use of the IMS, and we expressly exclude our liability for any loss or damage arising from the use of the IMS in contravention of these Terms, whether the service is moderated or not.

We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). You expressly acknowledge and agree that as part of any moderation or where we receive a complaint regarding use of the IMS, we may monitor and review your communications using the IMS. We may disclose any inappropriate content or compliant we receive and the communications relevant to the content or complaint to competent authorities. If you do not agree, do not use the IMS.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

The use of the IMS by a minor is subject to your consent as their parent or guardian. We advise parents who permit their children to use the IMS that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.

The IMS may, without prior notice to you, be suspended or terminated by us for any reason whatsoever, including, without limitation, invalid data, closure of related account(s), breakdown, maintenance, modification in respect of the IMS, where directed by a competent authority or where we in our sole discretion consider that there has been a breach of these Terms. We do not assume any liability or responsibility for any such suspension or termination.

We do not assume any liability or responsibility for any failure or delay in transmitting information to you through the IMS or any error in such information. In particular, the we do not assume any liability or responsibility for the consequences arising from any cause beyond its reasonable control including, without limitation, failure of your phone or device to receive information for whatever reason, any telecommunications breakdown, mechanical failure, path failure, malfunction, breakdown, interruption or accuracy of equipment or installation.

We shall not be liable for any losses or damage caused:

by the disclosure of information to the designated phone or device where such designated phone or device is in another person’s possession with your consent; or
to your data, designated phone, device or other equipment,

in each case caused by your use of the IMS. You agree that you are solely responsible for the content sent or transmitted by you (using your phone, device or other equipment whether or not with your permission) when using the Services and for compliance with all laws pertaining to the content.

All content viewed and used by you using the Services is done so at your own risk and we do not warrant the accuracy or reliability of any of the information. The content of other users you are communicating with and the views expressed thein are those of the individual us and not ours.

If you wish to complain about content uploaded by other users, please contact us on service@arabits.app.

Licence restrictions

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, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without Alef Education's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
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

You must:

not use the App or any Service in any unlawful manner, for any unlawful purpose, 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 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
only use the App and any Service for your permitted use and, in particular, not attempt to access data pertaining to any other child other than your dependent(s) who you have been provided unique access to;
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 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.
not carry out any activity that may interfere with the App or the Service;
not work around any technical limitations of the App or the Service;
not share inappropriate content, advertising or spam;
not infringe upon the rights of others;
not use the Service anywhere other than the App where the Service has been madeavailable, unless we enable such uses;
not remove, modify, or tamper with any notice that is incorporated into the Service; or
not include misleading statements about App functionality, performance, origin or data use;

Open source

You acknowledge and agrees that any open-source software provided by Alef Education as part of the Services is expressly subject to the disclaimer below (Limitations to the App and the Services) and is licensed to the Customer in accordance with the terms of the applicable open-source software license.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world 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 do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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. Therefore, to the fullest extent permitted by law we will not be liable in any way for any use or reliance on this App and the Services.If you are dissatisfied with any part of theApp, the Documentation or the Service, your sole and exclusive remedy is to discontinueusing the App.

We are not responsible for loss of content and data used with the App. Although we putin place reasonable technology and operational controls to back up your content and dataused with the App we will not be liable for any loss of content or data used with the App.

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 problems 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 are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will not be liable for any losses or delays caused by the event.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms.

If we end your rights to use the App and Services:

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 under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

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 breaking 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 date.

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 England and Wales. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Dubai International Financial Centre 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 it considers 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.

Entire Agreement

Except for any supplementary terms specifically agreed between you and Alef Education, these Terms (including the Privacy Policy) constitute the entire understanding between you and us concerning the subject matter herein and supersede all prior discussions, contracts and representations, whether oral or written.

Additional terms

Additional device and application store terms and conditions may apply to you based on the mobile device and application store the App is installed on and through. The device and application terms will apply instead of these Terms where there are differences between the two.

PLEASE READ THESE LICENCE TERMS CAREFULLY