Last updated: Nov 30th, 2023.
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with BAYRAQ mobile application (the “Service”) operated by Bayraq LTD (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using our BAYRAQ mobile application (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Acknowledgement and Acceptance
BY USING THE SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS THEREFORE, YOU AGREE TO BE BOUND BY THEM.
User Rights
Users have the right to access, correct, or delete their personal information. Users can delete their accounts at any time, which will result in the deletion of their associated data.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Bayraq LTD cancels it. You may cancel your Subscription renewal at any time. If you subscribed through Google Play or App Store, you may cancel your Subscription in that particular store.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Bayraq LTD with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Bayraq LTD to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Bayraq LTD will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Bayraq LTD, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Bayraq LTD will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by Bayraq LTD on a case-by-case basis and granted in sole discretion of Bayraq LTD.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Consent
If you no longer agree to our Terms of Service and Privacy Policy, you may remove your consent by discontinuing using the app..
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Data storage and data transmission
The Services use cloud storage, where the data from the app are stored. The app servers are deployed in different countries; therefore, the data may be transmitted to different countries. The Services store necessary data about the users’ accounts, including but not limited to created profiles, paired devices, activity logs, email addresses, and subscription status.
The audio data from activity logs are stored on the cloud storage for a period of 3 days and from the last 2 monitorings in the free version of the app. The audio data from activity logs are stored on the cloud storage for a period of 21 days and from the last 10 monitorings in the premium version of the app.
The data (apart from the activity logs’ audio recordings) are stored on the cloud storage for the duration of the user account being in use and for the 12 month period after the last usage of the account or unless deleted by the user. You can request account deletion at any time. To request deleting your account, contact our support team at info@bayraq.com.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Bayraq LTD.
Bayraq LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bayraq LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Limitation Of Liability
In no event shall Bayraq LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Waiver and Severability
No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Bayraq LTD, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law & Jurisdiction
These Terms and Conditions shall be governed and construed in accordance with the laws of the Arab Republic of Egypt. The aforementioned governing law applies to these terms and conditions regardless of its conflict of law provisions. Whenever you have questions or concerns regarding our services, we highly advice to contact us first through our customer service support email mentioned below (Contact Us). If a dispute arises that can’t be settled amicably, it shall be settled by arbitration in accordance with the rules of the Cairo Regional Centre for International Commercial Arbitration (CRCICA).
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend the Terms at any time by posting the amended terms on this application. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.
Contact Us
If you have any questions about these Terms, please Contact us at; info@bayraq.com.
