Last updated: March 15, 2025
This Terms of Use Agreement (“Agreement”) govern your access and use of vekhi.com (the “Site”) and Memaster mobile applications (each, the “App” and collectively, the “Apps”) (collectively, including the Site, the “Services” or the “our services”) provided by Vekhi AI Technologies FZC (“Vekhi”, “us” or “we”). By using our services, you agree to these terms. If you do not agree with any part of these terms, you may not use our service.
The Agreement is subject to change by us in its sole discretion at any time. When changes are made, we will make a new copy of the Agreement available at our Site and within the App. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, we will also send a push notification or show a pop-up to you via the Apps or otherwise in the Services. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted.
Any changes to the Agreement will be effective: (i) immediately for new users of the Services and for existing users who have provided their consent; and (ii) will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for existing users upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of the push notification or showing pop-up of such changes via the Apps. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services, including the Site and the Apps. Otherwise, your continued use of the Services constitutes your acceptance of such changes. PLEASE CHECK THE SITE REGULARLY TO VIEW THE THEN-CURRENT AGREEMENT.
If you use other sites or applications provided by Vekhi that are not mentioned in the preamble of this Agreement, different terms and privacy notices will apply to you.
If you have any questions about this Agreement or our Services, please contact us at [email protected].
1. Your Eligibility
1.1. While using the Services and in the present Agreement you will be called “you” or “user”.
1.2. You represent that in your jurisdiction, you have reached the age of majority to make transactions and enter binding contracts, but at least thirteen (13) years old. Children under 13 are not allowed to use the Services. If you are older than thirteen (13) years old, your parent or guardian must review this Agreement with you, approve your use of the Services, and accept this Agreement at your request and on your behalf.
1.3. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you reside), you agree to be fully responsible for the acts or omissions of such user in connection with access to and use of the Services. If you are accessing or using our Services on behalf of another person, you represent that you are authorized to accept this Agreement on behalf of that person and that the person agrees to be responsible to us if you or the other person violates this Agreement.
1.3. If you are an individual, you may use our Services solely for your own personal use. Services not intended for any entrepreneurial, commercial, or business purposes; if you are a legal entity, or an individual accessing or using these Services on behalf of a legal entity, please opt out of this Agreement and do not use the Services.
1.2. You are responsible for making all arrangements necessary to access and use the Services.
2. Your Privacy
We value your privacy. You can find the information about our privacy practice in our Privacy Policy here: https://www.vekhi.com/legal/memaster/privacypolicy.txt
3. Limited License; Copyright and Trademark
3.1. Our Site and Apps, collectively the Services, including its text (included but not limited descriptions, notices, policies, page headers), artworks (e.g. graphics, images, illustrations), software (including but not limited to software codes, scripts, architecture, UI and UI organizations, filters and features), marks (including but not limited to trademarks, trade names, button icons, service marks, logos, slogans) and other content contained therein (collectively, the “Memaster Content”) are owned by or licensed to Vekhi. Except as explicitly stated in this Agreement, we and our licensors reserve all rights in and to our Services and the Memaster Content.
3.2. We hereby grant You a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Memaster Content solely for your own personal non-commercial use during the term of this Agreement.
Such a license is limited and does not include any right to:
(a) sell, resell or commercially use our Services or Memaster Content;
(b) copy, reproduce, distribute, publicly perform or publicly display the Services or Memaster Content, except as is expressly permitted by us or our licensors;
© modify the Memaster Content or otherwise make any derivative uses of our Services or Memaster Content, except as expressly set forth in this Agreement;
(d) remove, alter or conceal any copyright, trademark, watermark, service mark or other proprietary marks or proprietary rights notices,
(e) use any data mining, robots or similar data gathering or extraction methods.
Any use of our Services or Memaster Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will result in automatic termination of the licenses granted under this Agreement.
3.4. When accessing or using the Services, you must not:
a) engage in any abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct or in any illegal/criminal activities such as money laundering;
b) transmit or publish speech that incites resistance or undermines the implementation of the UAE (or your local jurisdiction) constitution, laws and administrative regulations, speech that harms the public interest of the country and involves national security, speech that incites to subvert state power, speech that undermines national unity, or speech that incites ethnic hatred or ethnic discrimination or undermines national religious policies;
c) use the Services for any illegal or unauthorized purposes or in any manner not permitted by this Agreement;
d) incite or instigate others to engage in behavior prohibited by this Agreement;
e) undertake actions that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Services or that could damage, disable, overburden or impair the functioning of Services or the networks connected to Services in any manner;
f) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
j) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
h) develop or use any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services;
i) display, mirror or frame the Services, or any individual element within the Services, or any company’s name, trademark, logo or other proprietary information without our express written consent;
j) delete logos and watermarks, trademarks or any other protected marks;
k) further edit any content with the Vekhi or Memaster logos and watermarks, trademarks or any other protected marks using your own or any other third-party editing tools;
l) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Services, including but not limited to doing so through the use of virtual private networks;
m) attempt to gain unauthorized access to the Services, the server on which the Services are hosted, or any server, computer or database connected to the Site or the Services;
n) attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
o) knowingly introduce to the Services any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
p) use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement, i.e. collect or harvest any personal information from the Services or offer to sell or buy any product or service, and you must not post advertisements or solicitations of business;
q) carry out unauthorized access to subscriptions to the Services, provide third parties with the possibility of unauthorized access to subscriptions to the Services (for example, by transferring access), or use any other method of bypassing payment systems to use subscriptions or in-App purchases;
r) use the Services, Memaster Content or User Content for scientific, educational or other research purposes;
s) carry out research on the principles of construction, operation and function of the Services or its results or perform reverse engineering or other methods of infringing intellectual property rights or illegally obtaining trade secret data or know-how;
t) transfer subscriptions to the Services (or in-App purchases) purchased in the relevant application store for a certain type of compatible devices to devices of another type;
u) crawling, scraping, caching or otherwise accessing any content on the Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with Vekhi express consent;
v) change, alter or modify any part of the Services for any reason;
w) use or launch any type of automated system, including but not limited to,"robots," «spiders,» or «offline readers,» that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
x) access (or attempt to access) any of the Services, including Memaster Content and User Content, by any means other than through the interfaces that are provided by Vekhi; or
y) encourage, assist, or enable any other party to do any of the foregoing.
3.5. Vekhi’s and Memaster name and logos are trademarks and service marks of Vekhi (collectively, the “Vekhi’s Trademarks”). Other companies, products, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Vekhi. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Vekhi’s Trademarks displayed on or through the Services, without our prior written permission in each instance. All goodwill generated from the use of Vekhi’s Trademarks will inure to our exclusive benefit and you agree to sign any documents assigning such goodwill to us on request.
4. Subscriptions and in-App purchases
4.1. Some Services and features are offered on the base of paid subscriptions or as in-App purchases and can only be purchased via third-party marketplaces (e.g., through the Apple App Store or Google Play Store). VEKHI DOES NOT SELL ANY PAID SUBSCRIPTIONS DIRECTLY, DISTRIBUTE ANY PAID CONTENT AND/OR PROCESS PAYMENT FOR ANY SERVICES OR PURCHASES DIRECTLY.
4.2. BY AGREEING TO THIS AGREEMENT, USERS THAT PURCHASE SUBSCRIPTIONS TO, OR OTHERWISE PAY FOR, THE SERVICES AGREE TO BE BOUND BY LEGAL AGREEMENTS WITH THE RELEVANT THIRD-PARTY MARKETPLACES (APPLE APP STORE, GOOGLE PLAY STORE, ETC.). PLEASE CONTACT THE RELEVANT THIRD-PARTY MARKETPLACES FOR MORE INFORMATION.
4.3. The third-party marketplace will be solely responsible for making refunds. Vekhi disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.
5. User Content
5.1. While using the Service you may upload, submit, edit, modify, create, display within the Service and/or share different content, e.g., images, photographs, graphics, audio and video files, text, links, files, information, prompts, sounds, musical works, applications, or other works of authorship, or other materials, along with any text associated with such content (hereinafter вЂ" “User Content”).
5.2. You are solely responsible for all User Content that you may provide the Services or create within the Services. Please remember that if you use the images of others, these images remain owned by original creates and you are responsible for considering all third-party rights. You agree to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of the Services and your User Content, including, but not limited to, copyright laws and export laws.
5.3. You represent and warrant that: (i) you own or otherwise have the right to save, disclose, upload, modify, edit, create, publish or share the User Content; ii) your User Content don’t violate any rights, including third party rights, various copyright, privacy and other laws or this Agreement; iii) your User Content is non-confidential in nature; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content or its use.
5.4. You may not save, disclose, upload, modify, edit, create, publish or share any User Content or Feedback that:
a) is unlawful, libelous, defamatory, obscene, pornographic, nude, partially nude, indecent, vulgar, lewd, suggestive, harmful, hateful, abusive, harassing, threatening, tortious, discriminatory, offensive, sexually suggestive, excessively violent, invasive of privacy or publicity rights, inflammatory or fraudulent;
b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
c) does or may infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
d) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
f) impersonates, or misrepresents your affiliation with, any person or entity;
h) contains any unsolicited promotions, political campaigning, advertising or solicitations;
i) contains any private, confidential, sensitive information, e.g. your or any other person’s credit card information, social security, or national identity numbers, non-public phone numbers, addresses, or email addresses
j) contains any personal information of a third party without such third party’s consent;
k) contains any viruses or any other computer code, files or programs, corrupted data or other harmful, disruptive or destructive files, content or similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
l) contains false or misleading information, or information that defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities; or
m) is, in on Vekhi sole judgment, objectionable, restricts or inhibits any other person from using or enjoying our Services or may expose Vekhi or others to any harm or liability of any type.
5.5. For all your User Content you grant Vekhi a perpetual, worldwide, non-exclusive, irrevocable, sublicensable, royalty-free, fully paid license to use, reproduce, adapt, modify, create derivative works of, publicly display, publicly perform, store, sublicense, distribute your User Content into the Service, during the term of this Agreement for the purpose of providing the Services.
5.6. You may be allowed to publish your User Content within the Service and view User Content, published by other users of the Apps. By publishing you apply to your published User Content the terms of the Creative Commons Zero License (CCO 1.0 Universal) available at https://creativecommons.org/publicdomain/zero/1.0/. Please note that once published, such content will remain associated with you, and your posts will not be anonymous.
You retain all rights in and to your unpublished User Content.
6. Feedback
6.1. In the present Agreement the term Feedback includes your questions, comments, suggestions, ideas, original or creative materials or other information you may submit about Memaster, Vekhi or our products or Services. All Feedback is non-confidential, and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.
6.2. You hereby grant to Vekhi a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner any and all Feedback, and to sublicense the foregoing rights, in connection with the rendering, improvement or marketing of the Services and/or Vekhi’s business or for any other purpose at our sole discretion.
7. Advertisement
7.1. Some of the Services may be supported by advertising revenue and you hereby agree that Vekhi may place and display sponsored advertisements and promotions on the Services or as watermark on User Content created with using features of the Services. We may change at sole discretion the manner, mode and extent of such advertising and promotions without specific notice to you.
7.2. If you are located outside the UK or the EU, you acknowledge that we may not always identify sponsored content, or commercial communications as such. If you are located in the UK or the EU you hereby agree that all advertisements and promotions are recognized as sponsored content or commercial communications by default.
8. Indemnification and Compensation
8.1. To the fullest extent permitted by applicable law, you agree to compensate, reimburse, defend, and hold harmless Vekhi, its beneficiaries, and its affiliates, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the ”Vekhi Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services otherwise than as permitted under this Agreement; (b) your User Content or Feedback; © your violation of this Agreement or applicable law; or (d) your violation, misappropriation or infringement of any rights of another (including but not limited to intellectual property rights or privacy rights).
8.2. You agree to promptly notify Vekhi of any such third-party Claims, cooperate with Vekhi and/or Vekhi Parties in defending such Claims and, to the fullest extent permitted by law, pay all fees, costs and expenses associated with defending such Claims (including but not limited to reasonable attorneys’ fees).
8.3. You also agree that the Vekhi and/or Vekhi Parties will have control of the defense or settlement of any third-party Claims.
8.4. Your obligations under this Section are in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Vekhi or the other Vekhi Parties.
9. Secure Obligations and Limitations
9.1. You are responsible for all activities that occur on the App as installed on your device. Please, keep the installed App on your device secure and maintain the confidentiality of any password and App copy instance details for the App or the Services. You should immediately notify your application store about any unauthorized use of the App or your account or any other breach of security.
9.2. To the extent permitted by law, Vekhi will not be liable for any loss or damage arising from your failure to comply with this Section.
9.3. You can delete the App or re-install the App at any time. Upon deletion or re-installation of your App all User Content associated with your App will be deleted except stored for technical purposes or to comply with legal obligations, requirements of authorized Authorities and organizations or under the applicable law. The content that you posted inside the App will not be deleted, as it is already in the public domain. Vekhi have the right to store, delete, or republish such content at our discretion.
9.4. Our Services don’t contain backup obligations, and you agree that you will not rely on the Services for the purposes of User Content storage.
10. Moderation
10.1. To the fullest extent permitted by law, we have no ability or obligation to screen, edit or monitor User Content.
10.2. Notwithstanding the foregoing, we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, removing the offending User Content, suspending or terminating the subscription of such violators and reporting the violator to the law enforcement authorities.
11. Copyright Complaints
11.1. If you believe that within the Services have copied or used your work in a way that constitutes copyright infringement, please provide our Copyright Agent with all of the following information (in writing):
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
© identification of the content that is claimed to be infringing or to be the subject of infringing activity, and a description of the location on the Services of the material that you claim is infringing, with enough detail that we may find it on the Services;
(d) your address, telephone number and e-mail address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate (and made under penalty of perjury to the extent the DMCA applies to you) and that you are the copyright owner or authorized to act on behalf of the owner of the copyright that is allegedly infringed.
11.2. Contact information for Vekhi’s Copyright Agent for notice of claims of infringement is as follows: Designated DMCA Copyright Agent (“Copyright Agent”), Vekhi AI Technologies FZC, Business Centre, Sharjah Publishing City Free Zone, Sharjah, UAE ([email protected]).
11.3. In cases of violations of your copyrights or other protected rights by User Content, you should know that we do not collect or store user data that can aid in finding such violators.
12. Limitation of Liability
12.1. TO THE FULLEST EXTENT PERMITTED BY LAW, VEKHI AND VEKHI PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITYвЂ"WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY, STRICT LIABILITY, WARRANTY, OR OTHERWISEвЂ" FOR ANY: (A) INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES; OR (B) LOST PROFITS, LOSS OF BUSINESS OR REVENUE, LOSS OF CONTRACTS, USE, OPPORTUNITY OR ANTICIPATED SAVINGS, OR LOSS OF OR DAMAGE TO GOODWILL, DATA OR SOFTWARE (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF VEKHI OR VEKHI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. FURTHER, VEKHI AND VEKHI PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION OR ACTS OF TERRORISM, PANDEMICS, EPIDEMICS, EARTHQUAKE, FIRE, FLOOD OR OTHER ACTS OF GOD, LABOR CONDITIONS, POWER FAILURES, AND INTERNET DISTURBANCES.
12.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VEKHI AND ANY VEKHI PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES, OR IF GREATER, FIFTY US DOLLARS (50 USD).
12.4. The limitations set forth in this section will not limit or exclude liability for fraud or fraudulent misrepresentation, death or personal injury caused by the gross negligence of Vekhi or the other Vekhi Parties, or for any other matters as to which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. Disclaimers
13.1. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2. We constantly improve our Service and, on our sole discretion, the Services may be provided temporarily, and we reserve the right to modify, discontinue, replace or remove any it’s functionality, temporarily or permanently at any time, with or without notice. You agree that we will not be liable to you or to a third party for any modification, suspension, discontinuance, replacement or removal of any Services (or some of its functionality), or the loss of any User Content. The availability and characteristics of the Services also may vary depending on your device, software and data networks.
13.3. To the fullest extent permitted by law, Vekhi does not represent or guarantee that our Services are accurate, complete, reliable, uninterrupted, secure, current or error-free or that the Services will meet your requirements.
13.4. We apply commercially reasonable security measures to our service, but we cannot and do not represent or warrant that our Services or servers are free of viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful. You assume the entire risk as to the quality and performance of the Services.
13.5. We are constantly improving the functionality of the Services; stay tuned for updates.
14. Release
14.1. To the fullest extent permitted by law, under no circumstances will Vekhi be liable in any way for any content, syndicated content or materials of any third parties or of any user, including for any errors or omissions in any content, links, that may be included in such content, advertisement. You agree that you must evaluate, and bear all risks associated with, the use of any content, syndicated content, links, advertisement or materials of any third parties or of any user, including any reliance on the accuracy, completeness, or usefulness of such content.
14.2. The Services may contain or provide links or other access to other sites or resources on the Internet. We have no control over such sites or resources, and we are not responsible for and do not endorse such sites and resources. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Vekhi is not liable for any loss or claim that you may have against any such third party.
14.3. To the fullest extent permitted by applicable law, you release Vekhi and the other Vekhi Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known or unknown (including but not limited to claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party,” as well as any other legal principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist at the time of agreeing to this release.
15. Governing Law
15.1. THIS AGREEMENT AND ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF (INCLUDING BUT NOT LIMITED TO NON-CONTRACTUAL DISPUTES) ARISING OUT OF, IN CONNECTION WITH, OR RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS THE DUBAI INTERNATIONAL FINANCIAL CENTER (HEREINAFTER вЂ" “DIFC”) AND WILL BE INTERPRETED ACCORDINGLY, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF THE EMIRATE OF DUBAI OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
16. Dispute Resolution
16.1. If a dispute arises between you and Vekhi, we suggest you to first contact us directly to seek a resolution by emailing [email protected]. We will review your complaint and do our best to address it.
16.2. You irrevocably agree that the DIFC courts will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, your use of the Services or these Agreement, and all matters arising from them (including any dispute relating to the existence, validity or termination of these Agreement, or any contractual or non-contractual obligation).
16.3. You and Vekhi acknowledge and agree that, to the fullest extent permitted under the law, each are waiving the right to participate as a plaintiff or class member in any class action lawsuit, mass arbitration, or private attorney general action.
16.4. No claim or proceeding may be brought against Vekhi more than one year after the events giving rise to the claim or proceeding.
17. Electronic Communications
By accessing or using the Services, you also consent to receiving electronic communications from Vekhi (e.g., responses to your requests, questions and Feedback, announcements, updates, and security alerts through a push notification or by posting notices on the Services). You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to requirements that such communications be in writing.
18. Termination; Modification
18.1. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, in whole or in part. We are not responsible for any loss or harm related to your inability to access or use the Services.
18.2. We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
18.3. Upon any termination of your access to or use of the Services, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content will no longer be available to you through the Services and all sections of this Agreement that, by their nature, should survive termination will survive termination, including but not limited to the sections entitled User Content, Limited License; Copyright and Trademark, Secure Obligations and Limitations, Feedback, Indemnification and Compensation, Disclaimers, Limitation of Liability, Release, Dispute Resolution, Governing Law, Electronic Communication, Severability, Additional Terms Applicable to Mobile Services, and Miscellaneous.
19. Severability
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
20. Additional Terms Applicable to Mobile Devices
20.1. The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features and content through Apps (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
20.2. Subject to this Agreement, Vekhi hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Apps on one mobile device at a given time and (b) use the Apps for your own personal use solely to access and use the Services. If you choose to replace your device for use, the foregoing does not prevent you from installing the Apps on a new device on which you also have agreed to this Agreement, but this may be prohibited or restricted under the terms of the Application store (as defined below). Each instance of the Agreement that you agree to in connection with downloading the Apps grants you the aforementioned rights in connection with the installation and use of the Apps on one device.
20.3. The technology and software underlying the Services or distributed in connection therewith are the property of Vekhi, its affiliates, and its licensors (including the Apps, collectively, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assembly, or otherwise attempt to discover any source code or to sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Vekhi.
20.4. We offer Software that may be made available through the Apple App Store, the Google Play Store, or other application stores (“Application stores”). If you obtain such Software through an Application store, you may be subject to additional terms of the Application store. This Agreement is between you and us only, and not with the Application stores. To the extent that you utilize any other third-party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
20.5. With respect to the Apps that are made available for your use in connection with an Apple-branded product (“Apple-Enabled Software”), the following terms and conditions apply:
Acknowledgment. You acknowledge that this Agreement is concluded between you and Vekhi only, and not with Apple Inc. (“Apple”), and Vekhi, not Apple, is solely responsible for the Apps and the content thereof. You further acknowledge that usage rules of this Agreement are subject to any additional restrictions set forth in the Apple Media Services Terms and Conditions or the Volume Content Terms as of the date you download the Apps, and in the event of any conflict, the Usage Rules in the Apple Media Services Terms and Conditions or the Volume Content Terms shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review and agree to be bound by Apple Media Services Terms and Conditions and the Volume Content Terms.
Scope of License. The license granted to you is limited to a non-transferable license to use the Apps on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms.
Maintenance and Support. You and Vekhi acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Apps. In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Apps by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Vekhi. However, you understand and agree that in accordance with this Agreement, Vekhi has disclaimed all warranties of any kind with respect to the Apps, and therefore, there are no warranties applicable to the Apps.
Product Claims. You acknowledge that Vekhi, not Apple, is responsible for addressing any claims relating to the Apps or your possession and/or use of the Apps, including but not limited to (i) product liability claims, (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the Apps or your possession and use of the Apps infringe that third party’s intellectual property rights, Vekhi, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
Legal Compliance. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints or claims with respect to the Apps should be directed to:
Vekhi AI Technologies FZC
Business Centre
Sharjah Publishing City Free Zone
Sharjah
United Arab Emirates, [email protected]
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
Third-Party Beneficiary. You and Vekhi acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
20.6. When you access, purchase or download the Apps from Google Play, you acknowledge and agree that:
To the extent that this Agreement conflicts with the Google Play Developer Distribution Agreement, the Google Play Terms of Service or the terms and guidelines that govern your use of Google Play, such terms will prevail with respect to your use of the Apps that you access, purchase or download from Google Play.
Google LLC or its subsidiaries will not be responsible for and will not have any liability under this Agreement.
21. Miscellaneous
This Agreement constitutes the entire agreement between you and Vekhi relating to your access to and use of the Services. The failure of Vekhi to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
