Summary
Summary (not a substitute for the full Terms): the Services are provided “as is”, without warranties of any kind. To the maximum extent permitted by law, the developer is not liable for any loss or damage arising from your use of the Services, including lost progress, files or data, virtual items, purchases, advertising, third-party services or device issues. You use the Services at your own risk.
Acceptance of these Terms
These Terms of Use (“Terms”) govern your access to and use of the website at mjabbari.com and the mobile applications, games, content and related services published by its developer (“we”, “us”, “our”), collectively called the “Services.” Where an app or game has its own terms, those terms apply to it and prevail over these; these Terms apply to the rest. By downloading, installing, accessing, purchasing through or using any of the Services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
Eligibility
You may use the Services only if you can form a binding agreement under applicable law. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Services, including any purchases.
Limited license
Subject to your compliance with these Terms and the applicable store rules, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Services on devices that you own or control, for lawful personal use. The Services are licensed, not sold, and all rights not expressly granted are reserved. The Services, including their code, design, graphics, names, logos, interfaces and original content, and all intellectual property rights in them, are and remain the property of their respective owners. Third-party trademarks and content belong to their owners. If you send us suggestions or feedback, we may use them freely and without any obligation to you.
Purchases, subscriptions and virtual items
Paid downloads, in-app purchases and subscriptions are sold and processed by Apple through the App Store or by Google through Google Play, under their terms. We do not process payments and do not receive your payment details. Prices, billing periods, trial conditions and renewal terms are shown by the store before purchase and may change at any time. Subscriptions renew automatically unless canceled through your store account before renewal; deleting an app does not cancel a subscription.
All purchases are final. Refund requests must be made to Apple or Google under their policies, and refunds are at the store’s sole discretion. To the maximum extent permitted by law, we are not obliged to provide refunds, credits or replacements, and we are not liable if a purchase cannot be restored. Virtual currency, items, rewards and progress in games are licensed for use within the game only, have no monetary value, cannot be exchanged or transferred, and may be changed or removed at any time without liability.
Advertising and third-party services
Some Services display advertising provided by third parties such as Google AdMob, and rely on third-party services such as Apple (App Store, StoreKit, iCloud, Game Center), Google (Firebase, Google Play), content and data providers and external websites. These are provided by independent third parties under their own terms and policies. To the maximum extent permitted by law, we do not control, endorse or assume any responsibility for third-party advertisements, advertisers, offers, websites, products, services or content, or for their availability, accuracy, security or practices. Any dealings between you and a third party are solely between you and that third party. Rewarded ads are optional, and we are not liable if an ad or reward is unavailable, fails or is not credited.
Your content, files and data
You are solely responsible for any files, recordings, music, images, text, links or other content you import, download, create, access or share through the Services, and for having every right and permission needed to do so. Information, content, news, data, calculations and other output in the Services is for general information only and is not legal, financial, investment, medical, religious, safety or other professional advice.
Your progress, settings, files and data are stored on your device and, where offered, in your own iCloud or Google account. We do not operate servers that store them and we cannot recover them. You are solely responsible for your device, your accounts and your backups. To the maximum extent permitted by law, we are not liable for any loss, corruption, deletion, failed transfer or unauthorized access to progress, virtual items, files or data for any reason.
Acceptable use
You agree not to: copy, sell, rent, sublicense, distribute or commercially exploit the Services; reverse engineer, decompile, disassemble or attempt to extract source code, except where the law expressly allows it; remove notices, interfere with security, or manipulate ads, purchases, analytics, leaderboards or events; use cheats, bots, exploits, automation or malicious code; or use the Services to violate any law or the rights of others. We may, without notice or liability, void any progress, rewards or items obtained in breach of these Terms, and suspend or terminate your access.
Changes, availability and termination
We may at any time, at our sole discretion and without liability, modify, update, suspend, restrict or discontinue any Service, feature, content, event or virtual item, temporarily or permanently, with or without notice. We do not guarantee that any Service will be available at any time, in any location or on any device, or that updates will be compatible with your device. You are responsible for installing updates, keeping a compatible device and any internet or carrier charges.
These Terms remain in effect until terminated. We may terminate or suspend your license at any time for any reason. You may terminate by deleting the Services. Sections 04 to 06 and 09 to 15 survive termination. We may update these Terms from time to time; the updated version takes effect when published at mjabbari.com/terms, and your continued use of the Services after an update means you accept the updated Terms.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, FEATURES, VIRTUAL ITEMS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THEY ARE FREE OF VIRUSES OR HARMFUL COMPONENTS, THAT ANY CONTENT OR OUTPUT IS ACCURATE, OR THAT ANY DATA OR PROGRESS WILL BE PRESERVED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS OR CONTRIBUTORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, DATA, FILES, PROGRESS, VIRTUAL ITEMS, GOODWILL, USE OR OTHER INTANGIBLE LOSSES, OR FOR DEVICE DAMAGE, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, ANY PURCHASE, ANY ADVERTISEMENT OR ANY THIRD-PARTY SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE RELEVANT SERVICE OR ITS IN-APP PURCHASES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR TEN US DOLLARS (USD 10) IF YOU MADE NO PURCHASES. THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the exclusions and limitations above apply only to the maximum extent permitted by law, and nothing in these Terms limits any right that cannot lawfully be limited.
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us and our affiliates, licensors and service providers from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to your use or misuse of the Services, your content, your breach of these Terms, or your violation of any law or the rights of any third party.
Apple App Store terms
For apps downloaded from the App Store, these Terms are between you and us only, not with Apple Inc. (“Apple”), and Apple’s Licensed Application End User License Agreement also applies; where they conflict, these Terms prevail to the extent permitted by Apple’s rules. Apple is not responsible for the app or its content. Your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation regarding the app. Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer protection claims, or claims that the app infringes a third party’s intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google Play terms
For apps downloaded from Google Play, the Google Play Terms of Service also apply to your download and to purchases made through Google Play. Google LLC (“Google”) is not a party to these Terms and is not responsible for the app or its content. To the maximum extent permitted by law, Google has no obligation to provide maintenance or support for the app, and refunds of Google Play purchases are governed solely by Google Play’s policies.
Governing law and disputes
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to conflict-of-law rules. The courts of Dubai, United Arab Emirates, have exclusive jurisdiction, and you consent to that jurisdiction, except where mandatory consumer law of your country of residence gives you the right to bring proceedings elsewhere. To the extent permitted by law, any claim must be brought individually and not as part of any class, collective or representative action, and must be filed within one (1) year after the claim arose, or it is permanently barred. Before starting any formal proceedings, please email us and allow 30 days to try to resolve the issue informally.
General provisions and contact
These Terms, together with the Privacy Policy and any product-specific terms, are the entire agreement between you and us regarding the Services. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force. Our failure to enforce any right is not a waiver of that right. We may assign or transfer these Terms without restriction; you may not assign them without our prior written consent. To the maximum extent permitted by law, we are not liable for any delay or failure caused by events beyond our reasonable control, including outages of Apple, Google, hosting or internet services. You must comply with all applicable export-control and sanctions laws. Headings are for convenience only.
Questions about these Terms can be sent to apps.jabbari@gmail.com. Contacting us does not create any obligation beyond those stated in these Terms.