Terms of Use
Last updated November 06, 2024
AGREEMENT TO OUR LEGAL TERMS
We are INUMBRA LLC FZ, doing business as Milow ("Company," "we,"
"us," "our"), a company registered in the United Arab Emirates at
Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai,
Dubai DXB.
We operate the mobile application Milow (the "App"), as well as
any other related products and services that refer or link to
these legal terms (the "Legal Terms") (collectively, the
"Services").
Milow is an Al-powered nutrition app that allows you to generate
personalized recipes, meal plans and grocery lists.
You can contact us by email at contact@milow.app or by mail to
Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai,
Dubai DXB, United Arab Emirates.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you"),
and INUMBRA LLC FZ, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to
the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you by info@milow.app, as
stated in the email message. By continuing to use the Services
after the effective date of any changes, you agree to be bound by
the modified terms.
The Services are intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register
for the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
SOFTWARE
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
MOBILE APPLICATION LICENSE
SOCIAL MEDIA
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through the Services "AS
IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which
you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms,
no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: contact@milow.app. If we
ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us
as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights
you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use
and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
confirm that you have read and agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload, or transmit
through the Services any Submission that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission;
warrant that any such Submission are original to you or that you
have the necessary rights and licenses to submit such Submissions
and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute
confidential information.
You are solely responsible for your Submissions and you expressly
agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party's
intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply
with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the
Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for
any illegal or unauthorized purpose; and (7) your use of the
Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to
keep your password confidential and will be responsible for all
use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Apple App Store
- Google Play Store
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card
expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any
time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us
to charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless
canceled. You consent to our charging your payment method on a
recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable
order. The length of your billing cycle will depend on the type of
subscription plan you choose when you subscribed to the Services.
Free Trial
We offer a 7-day free trial to new users who register with the
Services. The account will be charged according to the user's
chosen subscription at the end of the free trial.
Cancellation
You can cancel your subscription by logging into your account,
accessing the Settings screen, and selecting "Manage
subscription". You will be redirected to your Apple App Store or
Google Play Store account to complete the cancellation of your
subscription. Your cancellation will take effect at the end of the
current paid term. If you have any questions or are unsatisfied
with our Services, please email us at contact@milow.app.
Fee Changes
We may, from time to time, make changes to the subscription fee
and will communicate any price changes to you in accordance with
applicable law.
7. SOFTWARE
We may include software for use in connection with our Services.
If such software is accompanied by an end user license agreement
("EULA"), the terms of the EULA will govern your use of the
software. If such software is not accompanied by a EULA, then we
grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection
with our services and in accordance with these Legal Terms. Any
software and any related documentation is provided "AS IS" without
warranty of any kind, either express or implied, including,
without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. You accept
any and all risk arising out of use or performance of any
software. You may not reproduce or redistribute any software
except in accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may
not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Services.
Use any information obtained from the Services in order to
harass, abuse, or harm another person.
Make improper use of our support services or submit false
reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable
laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use
of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party's uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions, operation, or
maintenance of the Services.
Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the
username of another user.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the
Services.
Copy or adapt the Services' software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the
Services, or use or launch any unauthorized script or other
software.
Use a buying agent or purchasing agent to make purchases on the
Services.
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and
services.
Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We
may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated in accordance
with the Services' Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant
that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to
authorize us, the Services, and other users of the Services to use
your Contributions in any manner contemplated by the Services and
these Legal Terms.
You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and these
Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
Your Contributions do not violate any applicable law,
regulation, or rule.
Your Contributions do not violate the privacy or publicity
rights of any third party.
Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual preference,
or physical handicap.
Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for
any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action
against us regarding your Contributions.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this
mobile application license contained in these Legal Terms. You
shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code
of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the
App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter,
or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the App;
(5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or
intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users
at the same time; (7) use the App for creating a product, service,
or software that is, directly or indirectly, competitive with or
in any way a substitute for the App; (8) use the App to send
automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from
either the Apple Store or Google Play (each an "App Distributor")
to access the Services: (1) the license granted to you for our App
is limited to a non-transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems,
as applicable, and in accordance with the usage rules set forth in
the applicable App Distributor's terms of service; (2) we are
responsible for providing any maintenance and support services
with respect to the App as specified in the terms and conditions
of this mobile application license contained in these Legal Terms
or as otherwise required under applicable law, and you acknowledge
that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the App; (3)
in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms
and policies, may refund the purchase price, if any, paid for the
App, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i)
you are not located in a country that is subject to a US
government embargo, or that has been designated by the US
government as a "terrorist supporting" country and (ii) you are
not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of
agreement when using the App, e.g., if you have a VolP
application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries
of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a
third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a "Third-Party Account") by either:
(1) providing your Third-Party Account login information through
the Services; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party
Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access
to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the
"Social Network Content") so that it is available on and through
the Services via your account, including without limitation any
friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party Account
or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available
on and through the Services. You will have the ability to disable
the connection between your account on the Services and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no
effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those
contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your
Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
13. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other
relationship with advertisers.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: milow.app/privacy-policy. By using the Services, you agree
to be bound by our Privacy Policy, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the Services from any other
region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued
use of the Services, you are transferring your data to the United
States, and you expressly consent to have your data transferred to
and processed in the United States.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms shall be governed by and defined following the
laws of the United Arab Emirates. INUMBRA LLC FZ and yourself
irrevocably consent that the courts of the United Arab Emirates
shall have exclusive jurisdiction to resolve any dispute which may
arise in connection with these Legal Terms.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes") brought by either you
or us (individually, a "Party" and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party
to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence, validity,
or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The
number of arbitrators shall be one (1). The seat, or legal place,
or arbitration shall be Dubai, United Arab Emirates. The language
of the proceedings shall be English. The governing law of these
Legal Terms shall be substantive law of the United Arab Emirates.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information.
We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services
at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR
TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by any third party due to or
arising out of: (1) use of the Services; (2) breach of these Legal
Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the rights of a
third party, including but not limited to intellectual property
rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of
it.
24. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services.
Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such
data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
INUMBRA LLC FZ
Meydan Grandstand, 6th floor, Meydan Road
Nad Al Sheba
Dubai, Dubai DXB
United Arab Emirates
contact@milow.app
© 2024 Milow - INUMBRA LLC FZ