TERMS OF SERVICE

WHO WE ARE AND WHAT THESE TERMS DO

We, Digital Fortification for Information Technology Company, a Saudi Arabian limited liability company with commercial registration number 1009121361 and registered office at 6550 Almuhir (Digital City), Unit No. 8, An Nakheel District, Riyadh 12382 - 3711, Kingdom of Saudi Arabia (“Rakeen”, “us” or “our”), license you to use the:

• Rakeen Security Suite mobile application (including the data supplied with the software) (the App), in any version or format made available by us (including, without limitation, mobile (iOS and Android), desktop, or other device versions), and any updates or supplements to it, including any Software Upgrades;
• related online or electronic documentation made available through the App, or any specific policies or guidelines which may apply to particular features or functions of the App or the provision of the Service (as defined below) (“Documentation”); and
• service you connect to via the App and the content we provide to you through it, including (but not limited to) anti-virus related services and features, such as real-time and manual device scanning for threats, engine updates to detect the latest risks, device threat information scans, rooting/jailbreaking detection, application modification alerts, debugger and virtual machine detection, remote control detection, memory optimization, junk file cleaning, comprehensive security checks, a hidden gallery for private media, and app lock functionality to protect your applications with a password or finger print (together the “Service”), as permitted in these Terms (as defined below).

HOW THESE TERMS WORK AND OTHER TERMS THAT MAY APPLY TO YOU

“Terms” means the terms and conditions set out below on which governs your download, installation and use of the App and the Service[, which shall be provided by Rakeen in exchange for subscription and service fees to be payable in accordance with Clause ‎12 below (“Service Fees”)]. The standard service specification applicable to the App is available (the“Service Specification” ) and may be updated by Rakeen from time to time. By accessing or using the App and our Services, you consent and agree to be bound by these Terms and all policies and guidelines Rakeen issues, including:

• our Privacy Policy, available at https://rakeen.com/en/privacy_policy (the “Privacy Policy”), which provides information on how we collect and use your Data (as defined below); and
• any other agreement which you may have in place with Rakeen or our affiliates or subsidiaries (together “Rakeen Affiliates”) for products, services or otherwise.

You understand and acknowledge that your use of the Services, including the execution of patches, engine updates, and any other Software Upgrades required for your continued use of the App, may involve or require the App (and the underlying Rakeen software) to automatically connect to the internet through a mobile-data or Wi-Fi network. Such connectivity may result in the transmission of significant amounts of data, and you are solely responsible for all data usage or other internet charges that may be imposed by your wireless carrier or internet service provider. or that may otherwise arise from your use of the Services.

DEFINITIONS

• “Effective Date” means the date on which you accept these Terms by downloading, installing, accessing, or using the App or the Service, or by otherwise indicating your acceptance, whichever occurs first. This date will be considered the commencement of your agreement to abide by these Terms.
• “Intellectual Property Rights” means copyrights, trademarks, service marks, trade names, trade dress, designs, trade secrets, patents, inventions, moral rights, contractual rights of non-disclosure, and any and all other intellectual property or proprietary rights, however arising, throughout the world, and including all applications and registrations for the foregoing, and all divisional, continuations, continuations-in-part, reissues, renewals, re-examination certificates, post-issuance certificates, revivals, and extensions thereof, and derivative works based thereon.
• “Rakeen IP” means: (i) the App; (ii) the Services; (iii) the Documentation; (iv) all data, content and materials that are owned, generated, collected or developed by Rakeen, or licensed to Rakeen independently of you and these Terms, including data that can be processed and used via the App; (v) all works of authorship, programs, code, processes, tools, reports, manuals, supporting materials, drawings, diagrams, flowcharts, business, templates, documents, materials, technology, software, source code, inventions, invention disclosures, website(s), modifications, updates, upgrades, enhancements and concepts (“Works”), any of which existed prior to the Effective Date of these Terms, whether created by or for Rakeen; (vi) any and all Works that are developed by Rakeen during the performance of the Services; (vii) all Works derived from the foregoing; (a) all copyrights, copyright applications, patents, and patent applications resulting from or relating to the Works; (b) all trademarks, service marks, logos, design marks, certification marks, trade names, trade dress, common law rights (“Marks”) and all of the goodwill of the businesses associated with the Marks; (c) all domain names, uniform resource locators, and social media handles; and (d) any and all Intellectual Property Rights, including moral rights, in and to the foregoing throughout the world.
• “SAR” means the Kingdom of Saudi Arabia Riyal.
• “Software Upgrades” means all updates, upgrades, corrections, bug fixes, releases, improvements or enhancements made to the App in object code format only and made available generally to other licensees of the App.
• “your Data” means all content or data you upload, submit, or otherwise provide to the App or Rakeen, or all content or data you cause the App to process.

YOUR ACCOUNT

Creating your Account. To create an account, which is required in order to obtain access to the App and receive the Services, you must provide your account details and create a unique password, which you will then use to log in to the App (“User ID”). When creating an account, you agree to:

• provide true, accurate, current and complete information as requested (together with User ID, the “Account Information”); and
• promptly maintain and update such Account Information (as applicable) to keep it true, accurate, current and complete at all times.

You shall be solely responsible for your account. You, as the creator of your account and Account Information, are solely responsible for your account and Account Information. Please note that you are responsible for maintaining the confidentiality and security of your account and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the account, and any acts made by the account will be deemed as your acts. You are solely responsible for all activities and transactions that occur under your account no matter who actually uses the account, and we are not responsible for any misuse or use of your account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your account or any other breach of security in relation to your use of the App that is known to you. You agree to accept all risks of misuse of and unauthorized access to your account and to hold us and our affiliates harmless from and against any misuse of your account or your Account Information, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password. When you enable the App lock feature, you must first create a password that is stored locally on your device. You are solely responsible for safeguarding this password. Any loss or disclosure of the password caused by your negligence shall be entirely at your risk, and Rakeen shall bear no liability whatsoever for any consequences arising from such loss or disclosure, including any unauthorized access to your device, the App, or your Data. Retrieving your Account. If you request to retrieve your account when your access to the App is denied due to the loss of Account Information or forgotten password, you are required to provide certain information according to the account retrieval process to ensure that all such information is legitimate, truthful and valid. Your account may not be retrieved if the information or documentation provided by you fails our security verification, and you are solely liable for any and all risks and losses arising therefrom.

SERVICES, LICENSE GRANT & LIMITATIONS

App: Subject to Rakeen’s receipt of payment in full of the Service Fees, and your compliance with these Terms, Rakeen hereby grants to you a limited, personal, non-exclusive, non-transferable, non-assignable subscription to the App for access to the Services. This subscription and any use of the App and Services is strictly limited to personal, non-commercial purposes and may not be used for any commercial, business, or revenue-generating activities. Rakeen may in its sole discretion from time-to-time modify, change, enhance, correct or upgrade the App and the Services; provided, however, that in no event will any such modifications prevent you from accessing your Data. Support Services: Rakeen will provide you email support for the App and Services (“Support Services”). Support Services are available for the App and Services only in accordance with the standard support service practices of Rakeen as they may exist from time to time. Rakeen retains the right to change the availability of Support Services and all other conditions applicable to Support Services at any time in its sole and absolute discretion. The App or Services may be inaccessible from time to time to permit maintenance and updates. Acceptable use restrictions. Your use of your account (including upload and use of your Account Information) and access to and use of the App is subject to these Terms and applicable law. You shall not:

• use your account or the App if you are not fully able and legally competent to agree to these Terms;
• use your Account or the App unless in compliance with applicable law and these Terms;
• modify, translate, adapt, disassemble, decompile, reverse engineer, or create any derivative works based on the App, including any files, documentation or tables or determine or attempt to determine any source code, methods, techniques or algorithms embodied in the App or any derivative works thereof;
• distribute, licence, transfer or sell, in whole or in part, any of the App or any derivative works thereof;
• copy or download any material or any portion protected by copyright or otherwise infringe our Intellectual Property Rights or those of any third party in relation to your use of your account and the App;
• copy, distribute, lose, misuse, disclosure or modify any information related to Rakeen without prior approval;
• interfere with or attempt to interfere with the proper functioning of the App, disrupt any software, data, documents, systems, networks connected to the App, or bypass any measures we use or may use to prevent or restrict access to the App (or any part thereof);
• attempt to get unauthorized access to the App, servers or any connected databases, portals, or devices;
• use automated scripts to collect information from or interact with the App in any way;
• use your account and the App in a manner that may create a conflict of interest or undermine the purposes of the App;
• collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers;
• use your account and the App in any way to send spam, phishing, or unsolicited emails;
• use your account and the App to upload, transmit, distribute, store or otherwise make available in any way:
  • files that contain viruses or corrupt data or other material that is malicious or harmful; or
  • any content that violates applicable law, public morals, Islamic values, or national security interests of the Kingdom of Saudi Arabia and any other infringing, defamatory, obscene, offensive, disparaging, hateful or inflammatory material and any content that would constitute or encourage a criminal offence.

Security Usage. We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform to access the Site. While Rakeen takes possible effort to protect and test the contents of the App, to the fullest extent permitted by applicable law, Rakeen will not be liable nor responsible for any damages, loss, or interruptions to you, your devices or your data that may result from using the app or downloading its content. Rakeen may investigate and prosecute violations of any of these Terms to the fullest extent permitted by applicable law, and where appropriate may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions.

APPLE APP STORE AND GOOGLE PLAY’S TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by the Apple App store and Google Play store’s rules and policies, where applicable. Such rules and policies will apply instead of these Terms where there are differences between the two.

OPERATING SYSTEM REQUIREMENTS

The App requires a type of mobile phone or handheld device with a minimum of 100 MB memory and either of the following operating systems: (i) iOS version 14 or later; or (ii) Android version 6.0 (API Level 23) or later. You understand and agree that you are solely responsible for ensuring that the App and Services are compatible with your systems, devices and hardware. You expressly acknowledge that use of certain Services may negatively impact the performance of availability of your systems, devices and hardware and Rakeen bears no liability whatsoever in this regard.

DATA RIGHTS

Your Data RightsYou shall possess and retain all right, title and interest in and to your Data. You are responsible for the accuracy, quality and legality of your Data and the means by which you acquired such Data. You represent and warrant that: (i) your Data does not and will not infringe, violate, or misappropriate any valid and enforceable Intellectual Property Rights of any third party; (ii) your Data does not and will not contain any content that is offensive, vulgar, obscene or illegal; and (iii) with respect to any third party data, content and materials contained therein or otherwise delivered to Rakeen by you, you have obtained the right to (a) use the same as set forth and in compliance with these Terms, and (b) grant Rakeen the use of and rights to such materials as set forth in these Terms such that Rakeen’s use thereof in compliance with these Terms will not infringe the Intellectual Property Rights of any third party. IN ALL CASES, YOU ARE RESPONSIBLE FOR OBTAINING ALL NECESSARY CONSENTS IN RELATION TO UPLOADED DATA. YOU AGREE TO, AND SHALL, INDEMNIFY RAKEEN AND OUR AFFILIATES AGAINST ANY BREACH OF ANY PROVISION OF THIS DATA RIGHTS SECTION.

Rakeen’s Operational Data Rights You grant to Rakeen a worldwide, non-exclusive, fully paid up, royalty free license to use, reproduce, distribute and prepare derivatives of your Data for purposes of performing the Services. Except as otherwise expressly allowed in these Terms, Rakeen shall not use, distribute, sell, sublicense or disclose any of your Data, without your written authorization. Notwithstanding the foregoing, you understands that Rakeen may use, retain, and publish certain elements of your Data generated by your use of the App provided that such elements of your Data are anonymized such that they do not and cannot be reverse engineered to identify you, or anonymized and aggregated with similar data from other Rakeen clients (“Aggregated Data”) to provide data analytics to Rakeen clients. Further, you understand and agree that Rakeen may use information generated by the Services, excluding any information that is identifiable to you, which is required to maintain, extend, improve and support the Services and to address any performance or other issues that arise out of the Services (“Operational Data” ). Operational Data includes, without limitation, information relating to system installation and configuration, usage volume, load handling, system analytics and software and system performance. You hereby grant to Rakeen a perpetual, irrevocable, royalty free license to use the Aggregated Data and the Operational Data for the purposes described herein; provided that Rakeen will not and will not permit any third party to disaggregate the Aggregated Data from the data of other clients or otherwise to use the Aggregated Data to re-identify client or any individuals.

Data Deletion Subject to Rakeen’s Aggregated and Operational Data Rights, your Data will be deleted upon: (i) termination of the Services; or (ii) at your request; during the Services, you have the ability to delete any and all of your Data. Notwithstanding the foregoing, Rakeen may disclose your Data as required by applicable law or by proper legal or governmental demand and reasonably cooperate with you in any effort to seek a protective order or otherwise contest such required disclosure, at your expense.

OWNERSHIP OF INTELLECTUAL PROPERTY

Rakeen has created, developed and maintained the App, including the Rakeen IP, at great expense of time and money. You expressly acknowledge that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Rakeen. You further expressly acknowledge that Rakeen shall solely retain all Intellectual Property Rights throughout the world in and to the Rakeen IP and all of its derivative works and improvements, including, without limitation, all derivative works, modifications, amendments, and improvements to the Services, and all materials that result from the Services. No right, title or interest is granted or otherwise transferred to you in or to the Rakeen IP or related materials except as expressly set forth by these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the App. You shall not use any Marks without the prior written permission of Rakeen. Notwithstanding the above, the App may contain third-party technology or intellectual property that is subject to a third-party license. You acknowledge that use of the App shall not give you (1) ownership rights to any third-party technology or third-party intellectual property; or (2) any rights to use any third-party technology or intellectual property independent of your subscription to the App and Services. The App may contain open source software that is governed by specific licenses such as the general public license, the lesser general public license, or similar licenses (each an “Open Source License” ). To the extent that any of these Terms or Documentation contradict any applicable Open Source License, the terms of the Open Source License shall govern. The use and distribution of any open source software contained in the product is exclusively governed by the respective Open Source License. Any open source software provided with or contained in the App is provided “AS IS” and without any warranty of any kind.

SUSPENSION OR MODIFICATION OF SERVICE

Rakeen may modify the Services at any time, with or without prior notice to you and you agree that Rakeen shall not be liable to you or any third party for any Service interruptions or degradation due to such modifications. You agree that the Services may be inaccessible from time to time to permit Rakeen’s maintenance operations and to deliver enhancements and/or updates to the Services. Rakeen shall endeavor to provide notice of such activities, however, Rakeen provides no assurance that you will receive advance notification or that the Services will be uninterrupted or error-free. YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICES, INCLUDING YOUR NETWORKS, OR TO TRANSMIT INFORMATION, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF THE APP. RAKEEN SHALL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO OR USE OF THE SERVICES OR THE IMPACT SUCH INTERFERENCE OR PREVENTION MAY HAVE ON RAKEEN’S ABILITY TO PERFORM THE SERVICES.

SECURITY

Rakeen shall take all reasonable measures to prevent unauthorized access to your Data used in connection with the Services, including without limitation, reasonable encryption technology, and Rakeen shall use at least the same security measures it uses to protect its own proprietary information. Rakeen shall notify you of any known security breaches without unnecessary delay. Rakeen is not responsible if you make changes to default security settings which allow access to your Data or unauthorized access, breach of firewalls or other hacking by third parties.

FEES

The App and the Services provided via the App are currently free of charge. However, Rakeen reserves the right to introduce fees for certain features, services, or subscriptions in the future. If Rakeen decides to introduce any fees or paid features, you will be notified in advance and provided with clear information about the applicable charges, payment terms, and any changes to your access or use of the App or Services. You will have the option to accept the new terms and continue using the paid features or to discontinue use of the App or Services if you do not agree to the introduction of fees. Any changes to pricing or the introduction of paid features will be communicated to you in accordance with applicable law and these terms. You are strictly prohibited from using the Services for commercial or non-personal use purposes, or installing the Services on any device that you do not use for personal use, including devices in corporations or other organizations.

TERMINATION OF USE

Rakeen reserves the right to suspend or end Services at any time and without a prior notice and without a need to a court verdict or any other formalities. For example, Rakeen may suspend or terminate your use of the Services if you violate or do not comply with any of these Terms, or use the Services in a manner that would cause Rakeen legal liability, disrupt the Services, or disrupt other clients’ use of the Services. You agree that Rakeen will not be liable to you or any third-party for any damages, losses, or claims arising out of or in connection with the termination of the Services or limitation of your access to, or use of the App, Services, the Rakeen IP or Aggregated Data.

CONFIDENTIAL INFORMATION

As used herein, the term “Confidential Information” shall mean all non-public information disclosed by a party hereunder (the“Disclosing Party” ), whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes but is not limited to strategic plans, research methods, personnel data, projects, plans, client lists, strategies, processes, methods and other non-public information. A party receiving Confidential Information (“Receiving Party” ) shall not directly or indirectly, at any time, without the prior written consent of the Disclosing Party, use or disclose the Confidential Information or any part thereof in a manner detrimental to the Disclosing Party or for any use other than necessary for the performance of the Receiving Party’s obligations under these Terms. The term Confidential Information does not include information which: (i) has been or becomes publicly available without breach of an agreement regarding its confidentiality; (ii) Receiving Party properly possesses prior to disclosure hereunder; (iii) is lawfully received from a third-party having rights therein without restriction; or (iv) is independently developed by the Receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Confidential Information. The confidentiality obligations hereunder shall not apply to the extent that disclosure is required pursuant to a requirement of a governmental entity or by law. If Receiving Party is requested by a court, governmental entity or other third-party to disclose any Confidential Information, it will promptly notify Disclosing Party to permit Disclosing Party to seek a protective order or take other appropriate action, and will assist in such activities. Receiving Party shall only disclose the part of the Confidential Information as is required by law to be disclosed and Receiving Party will use its best efforts to obtain confidential treatment therefor. Receiving Party acknowledges that the Confidential Information is the exclusive property of and belongs solely to the Disclosing Party and shall not claim otherwise for any purpose. Except as may be expressly contemplated by these Terms and subject to continued compliance with its terms for so long as retained, Receiving Party agrees to return to the Disclosing Party, destroy and/or permanently delete, at Disclosing Party's discretion, all Confidential Information (including all copies thereof and all materials created based on Confidential Information) promptly following (i) the Disclosing Party’s request or (ii) within thirty (30) days following termination of these Terms, and certify such in writing. In addition to any other rights and remedies hereunder or at law, Receiving Party acknowledges and agrees that due to the nature of the Confidential Information its confidentiality obligations to Disclosing Party hereunder are of a unique character and agrees that any breach of such obligations may result in irreparable and continuing damage to Disclosing Party for which there may be no adequate remedy in damages and relating to which Disclosing Party will be authorized and entitled to seek injunctive relief, without the necessity of posting a bond or other security, even if otherwise normally required. A party’s confidentiality obligations under these Terms shall continue to have full force and effect indefinitely until the Confidential Information is no longer confidential

WARRANTIES; DISCLAIMER

Rakeen makes no warranty of any kind to you or any third party with respect to any third party software used by you in conjunction with the App and shall have no responsibility or liability with respect thereto. All licenses and costs with respect to any third party software used you in conjunction with the App, and all integration and use of and problems caused by or resulting from any such third-party software, are your sole and exclusive responsibility. Neither Rakeen, nor its Affiliates, nor its Partners, have any liability to you (whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise) based on any claim that the Services, App, Rakeen IP, or Aggregated Data are inaccurate, incomplete or incorrect. The Services, App, Rakeen IP or Aggregated Data may include contributions from third parties such as other clients, or other commercial sources or their respective affiliates (together Partners ). RAKEEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE QUALITY, CONTENT, COMPLETENESS, OR ACCURACY ASSOCIATED WITH PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY A THIRD-PARTY RECEIVED BY YOU THROUGH OR AS A RESULT OF THE USE OF THE SERVICES, APP, OR RAKEEN IP. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APP, SERVICES, RAKEEN IP, OR AGGREGATED DATA ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” RAKEEN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICES, APP, RAKEEN IP, OR AGGREGATED DATA FOR A PARTICULAR PURPOSE; (B) NONINFRINGEMENT; (C) ANY BENEFITS TO YOU FROM USE OF THE SERVICES; OR (D) THAT THE SERVICES, APP, RAKEEN IP, OR AGGREGATED DATA (i) WILL BE SECURE, ERROR-FREE, ALWAYS AVAILABLE, OPERATE WITHOUT LOSS OR CORRUPTION OF DATA OR TECHNICAL MALFUNCTION, OR (ii) WILL NOT ADVERSELY AFFECT THE OPERATION YOUR SYSTEM.

INDEMNITY

You agree to indemnify, defend and hold harmless Rakeen and its Affiliates, and its respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, and partners) from all losses, claims, causes of actions and all damages, costs and expenses (including reasonable legal costs) arising from any:

• allegation of infringement of any third-party Intellectual Property Rights based on:
  • use of application code with, or modifications to, the Services or App developed by or for you
  • use of any other software or hardware that is used in conjunction with the Services or App,
  • use of the App or Services not in conformance with the Documentation, specifications or the requirements of these Terms,
• unauthorized use of the Services or App, or
• breach of or non-compliance with any provision of these Terms, including but not limited to any failure or delay by you to obtain any consent necessary for you to provide your Data to Rakeen.

LIMITATION OF LIABILITY

RAKEEN SHALL NOT BE RESPONSIBLE TO YOU RELATING TO YOUR USE OF THE SERVICES OR THE APP. RAKEEN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TECHNICAL MALFUNCTION, TELECOMMUNICATION OR INTERNET OUTAGES OR PROBLEMS, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION OR ANY DATE BEYOND RAKEEN'S CONTROL. IN NO EVENT SHALL RAKEEN BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND EVEN IF SUCH PARTY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND,TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAKEEN’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OF OR IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES (WHETHER CONTRACTUAL, TORTIOUS OR OTHERWISE), SHALL BE LIMITED TO SAR 100.

ASSIGNMENT

You acknowledge and agree that Rakeen may at any time assign, sub-contract, transfer, charge, or deal in any other manner with any or all of its rights or obligations under these Terms to/with a third party. In the event of subcontracting, the subcontractor: (i) shall be bound by similar obligations set forth in these Terms, and (ii) shall have some of the rights set forth in these Terms to the extent that such rights are necessary to provide the subcontracted Services. (iii) shall be entitled to the same limitations of liability, indemnities, and legal protections afforded to Rakeen under these Terms, insofar as such protections relate to the performance of the subcontracted Services. You may not assign, transfer, sub-license, charge or deal in any other manner with any or all of its rights or obligations under these Terms (including the license rights granted), in whole or in part without Rakeen’s prior written consent. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties hereto and their successor’s and permitted assignees.

RAKEEN’S AUDIT RIGHTS

Rakeen may audit your use of the App or Services to confirm your compliance with these Terms. Rakeen shall pay its expenses in conducting any audit unless such audit or inspection reveals a breach by you under these Terms, in which case you will be responsible for paying for the costs of the audit. You shall cooperate with Rakeen in such audit, and provide reasonable assistance and access to information.

DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without regard to conflict of law principles. Any dispute arising from or in connection with this Agreement (including a dispute relating to the existence, validity, breach or termination of these Terms or the consequences of its nullity) or any non-contractual obligation arising out of or in connection with this Agreement (each, a “Dispute”) shall be resolved by arbitration administered by the Saudi Centre for Commercial Arbitration (SCCA) in accordance with its Arbitration Rules. The arbitration will be conducted by an arbitration tribunal consisting of one (1) arbitrator. The arbitration will take place in the English language and the seat will be at the SCCA in Riyadh, the Kingdom. Judgment for any award rendered may be entered in any court having jurisdiction, or an application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be.

WAIVER

Waiver of a breach is not waiver of other or later breaches, and the failure or delay of either party to enforce any rights or term or condition of these Terms shall not constitute a waiver of either party’s right to enforce each and every term and condition of these Terms.

FORCE MAJEURE

Except for the obligation to pay sums due hereunder, the obligations of a party shall be abated and such party shall have no liability to the other party for so long as, and to the extent that, its performance is prevented by a cause or event over which it does not have direct control, including, but not limited to: (a) failure of electronic or mechanical equipment or communication lines that is not caused by the obligated party, (b) severe weather, earthquakes, or natural disasters; (c) strikes or other labor problems, wars (declared or undeclared), acts of terror or civil unrest, pandemic or governmental restrictions (“Force Majeure Event”). The party claiming the abatement of obligations hereunder shall reasonably notify the other of the cause or event giving rise to such claim and shall take reasonable steps to limit the effect and duration of such cause or event. Should a Force Majeure Event extend for greater than sixty (60) days, the non-affected party shall have a right to terminate these Terms upon written notice.

RELIANCE ON INFORMATION POSTED ON WEBSITE

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App or user of the Services.

SEVERABILITY

If any Clause of these Terms is determined by any authority of competent jurisdiction to be unlawful and/or unenforceable, such Clause shall be severed and shall not affect the rest of the Clauses of these Terms, which shall continue to govern in full force and effect.

CHANGES TO THE TERMS

Rakeen has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right the “Last Updated” notice at the top of these Terms will be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are made publicly available on the Website. If you have provided us with your email and provided you have not opted out of receiving electronic communications from us, we may provide you with notification of any changes to these Terms which, in our sole discretion, materially alter your rights or obligations in accessing and using the Services. It is your responsibility to check the Terms each time you access the App or Services to determine whether any changes have been made, including by checking the “Last Updated” date at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of the App and Services. Your continued use of Services after any such changes are posted will constitute acceptance of those changes. These Terms shall apply exclusively to your use and access to the Services and do not alter the terms or conditions of any other agreement you may have with us

LANGUAGE

In the event of any conflict or inconsistency between the English and the Arabic versions of this Agreement, the English version shall prevail to the extent of the inconsistency.

CONTACTING RAKEEN

If you have any questions about these Terms, the App, the Services, or Rakeen IP, please contact us at : info@rakeen.com