Version: This is the first version (1.0) of the use of terms of Maktoub.

Welcome to Maktoub, these Terms of Use are between you and:

Maktoub BV.
Almere, The Netherlands.

The terms (“us”, “we”, the “Company” or “Maktoub”) refer to Cascade Holding BV, Maktoub BV or Maktoub technologies et services SARL.

1. Acceptance of Terms of Use Agreement.
By creating a Maktoub account, whether on an iOS or on an Android mobile device (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
From time to time, we may introduce modifications to this Agreement and the Service. This could be for a number of reasons, such as to reflect changes in the legislation or legal requirements, new functionalities, or changes in business operations. The most recent version of this Agreement will be available on the Service under profile, in the sign up page, and on maktoubapp.com website, and you should review it regularly. The most recent version is the one that is in effect. You agree to the amended Agreement if you continue to use the Service after the changes take effect.
AlthoughMaktoub is provided in three different languages, English language is the official language of the service. Therefore, the English text of these terms is the only text considered for interpretations.

2. Eligibility.
To create an account on Maktoub and use the Service, you must be at least 18 years old. By creating an account and using the Service, you represent and confirm that:
-you have the legal capacity to enter into a binding contract with us;
-you are not a person barred from using the Service under the laws of the applicable jurisdiction;
-you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations; and
-you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime ,or any crime involving violence, and that are not needed to register as a sex offender in any country.

3. Your Account.
In order to use Maktoub, you may sign up/ sign in using a number of ways, including: Facebook or Gmail or Apple account (available for the users of iOS version). You can also opt to sign up/ sign in by entering your information manually. If you choose to use your Facebook or Gmail or Apple ID (if applicable) login, you authorize us to access and use certain Facebook or Gmail or Apple ID (if applicable) account information, including but not limited to your public Facebook profile.
You are entirely responsible for all activities that occur under your login credentials that you used to sign up for Maktoub, and you are solely responsible for preserving the confidentiality of those credentials. If you believe someone has accessed your account, please contact us as soon as possible via the report to us option on maktoubapp.com website.

4. Modifying the Service and Termination.
Maktoub is constantly working to improve the Service and provide you with new features that you will find interesting and useful. This implies that we may add new product features or enhancements as well as delete some features from occasionally, and if these actions do not materially affect your rights or duties, we may not provide you with prior notice. We may even suspend the Service entirely, in which case we will warn you in advance unless we are prevented from doing so by exceptional circumstances, such as safety or security concerns.
You may delete your account at any time without notice by following the instructions in the Service’s “Profile” section. If Maktoub believes you have violated this Agreement, it may remove your account at any time and without warning. You will not be entitled to a refund for any purchases made after such termination.
After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Maktoub: Section 4, Section 5, and Sections 12 through 19.

5. Interact safely with Other Users.
Though Maktoub aims to foster a respectful member experience with features such as double opt-in, which allows users to communicate only after they have both expressed interest in one another, Maktoub is not liable for any member’s behaviour on or off the Service.
You agree to exercise extreme caution in all contacts with other members, especially if you choose to correspond or meet in person outside of the Service. Additionally, prior to using the Service, you agree to read and obey Maktoub’s dating safely Tips. You commit to not offer financial information (such as credit card or bank account numbers) to other users, nor will you transfer or otherwise pay money to them.
You agree that your interactions with other members are solely your responsibility. You agree that Maktoub does not perform criminal background checks on its members or inquire about their background in any way. Maktoub makes no representations or warranties about members’ behaviour or suitability.

6. Rights Maktoub Grants You.
Maktoub provides you a non-assignable, nonexclusive, revocable, and non-sublicensable personal, global, royalty-free license to access and use the Service. This license is solely for the purpose of enabling you to use and enjoy the advantages of the Service as Maktoub intended and as permitted by this Agreement. As a result, you agree not to:
Use the Service or any of its content for any commercial purposes without our prior written permission.
Without Maktoub’s prior written consent, you may not copy, modify, transmit, make any derivative works from, use, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the Service.
Declare or imply that Maktoub endorses any statements you make.
Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
Use the Service in any way that could cause the Service, or the servers or networks connected to it, to be disrupted, interfered with, or negatively affected.
Uploading viruses or other malicious programming, or otherwise jeopardizing the Service’s security is prohibited.
Hide the origin of any information transmitted to or through the Service, forge headers or otherwise modify identifiers.
Without Maktoub’s prior written permission, you may not frame or mirror any portion of the Service.
Use meta tags, code, or other devices that contain any reference to Maktoub or the Service (or any Maktoub trademark, trade name, service mark, logo, or slogan) to send anybody or to any other website for any reason.
Without our explicit permission, use or develop any third-party apps that interact with the Service or other members’ Content or information.
Without our written permission, you may not use, access, or publish the Maktoub application programming interface.
Probe, scan, or test the security of our Service, as well as any other system or network.
Any behaviour that breaches this Agreement should be encouraged or promoted.
In response to illegal and/or unauthorized uses of the Service, Maktoub may investigate and take any applicable legal action, including terminating your account.
Any program we offer you, we may download and install upgrades, updates, or other new features for you automatically. You may be able to change the settings on your device to control these activities.

7. Rights you Grant Maktoub.
By creating an account, you grant to Maktoub a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Facebook or Gmail or Apple ID as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, Gmail account or Apple id account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Maktoub above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.
In consideration for Maktoub allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Maktoub regarding our Service, you agree that Maktoub may use and share such feedback for any purpose without consenting with you.
Please be informed that Maktoub may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.
By using the Service, you agree not to: use the Service for any illegal or prohibited purpose under this Agreement.
Use the Service for any detrimental or criminal purpose, such as spamming Maktoub, soliciting money from members, or defrauding them.
Imitate someone or something, or post photographs of someone else without their permission.
Any person should not be bullied, “stalked,” intimidated, assaulted, harassed, mistreated, or defamed.
Publish any Content that violates or infringes on the rights of others, such as rights of publicity, privacy, copyright, trademark, or other copyrighted material or contract rights.
Upload any hateful, threatening, sexually explicit, or pornographic content.
Publish any content that incites violence, involves nudity, or is graphic or gratuitous in nature.
Upload any content that encourages racism, bigotry, hatred, or physical damage to any group or individual.
Solicit passwords or personal identifying information from other members for commercial or unlawful purposes, or broadcast another person’s personal information without their permission.
Using another person’s account, sharing an account with another member, or having multiple accounts
If your account has been terminated, you may not create a new account unless you have our consent.
If you have violated this Agreement, misused the Service, or behaved in a way that Maktoub considers inappropriate or unlawful, including actions or communications that occur on or off the Service, Maktoub reserves the right to investigate and/or terminate your account without a refund of any purchases.

9. Other Members’ Content.
Although Maktoub reserves the right to monitor and remove Content that violates this Agreement, the user who posts such Content is solely responsible for it, and Maktoub cannot promise that all Content will comply with this Agreement. If you come across Content on the Service that you believe violates this Agreement, please report it to us through the Service or at our www.maktoubapp.com report form.

10. Purchases.
Generally. From time to time, Maktoub may offer products and services for purchase (“in app purchases”) through the App Store, Google Play Store, carrier billing, Maktoub direct billing or other payment platforms authorized by Maktoub. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment. You will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Maktoub or the third party account, as applicable, to charge you.

10.1. Auto-Renewal; Automatic Card Payment
If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

Objections to a payment already made should be directed to Customer support. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.
Maktoub may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Maktoub may terminate your account immediately in its sole discretion.

10.2. Virtual Items.
From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items”, which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Maktoub ceases providing the Service or your account is otherwise closed or terminated. Maktoub, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. Maktoub may manage, regulate, control, modify or eliminate Virtual Items at any time. Maktoub shall have no liability to you or any third party in the event that Maktoub exercises any such rights. Virtual Items may only be redeemed through the Service. All purchases and redemptions of virtual items made through the service are final and non-refundable. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. You acknowledge that maktoub is not required to provide a refund in respect of virtual items for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

10.3. Refunds.
Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area – in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

10.4.Pricing.
Maktoub operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
Maktoub has the right to charge different fees based on the subscriber country/region among other factors.



11. Rules and Process for Making Claims of Copyright Infringement.
Please send a takedown request using the report to us feature on www.Maktoubapp.com if you believe your work has been duplicated and placed on the Service in a way that violates your copyright.
Please include the following information if you notify us about alleged copyright infringement:
a signature of the person acting on behalf of the holder of the property interest, whether digitally or physically;
a description of the copyrighted work you believe was infringed upon;
a summary of the location on the Service of the allegedly infringing content (which must be substantially sufficient to allow us to locate the allegedly infringing content);
personal contact information, such your address, mobile/ phone number, and email, as well as the identification of the copyright holder;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and a statement by you, made under penalty of perjury, that the disputed use is not authorized by the copyright owner, its agent, or the law.
Repeat infringers’ accounts will be terminated by Maktoub.
Maktoub will try its best to reply within a period of 30 days from the receipt of the complete list of information hereabove. Maktoub will take the necessary time to make its final decision about the case raised.

13. Third Party Services.
Third-party ads and promotions, as well as connections to other websites or resources, may be found on the Service. Maktoub is not liable for the availability (or lack thereof) of any third-party websites or resources. If you opt to engage with external parties made accessible via our Service, the conditions of their interaction with you will be governed by their terms. Maktoub is not legally liable for the terms or acts of such third parties..

14. Limitation of Liability.
To the fullest extent permitted by applicable law, in no event will maktoub, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of 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) unauthorized access, use, or alteration of your content, even if Maktoub has been made aware of such damages; or (ii) the conduct or content of other members or third parties on, through, or following use of the service; or (iii) unauthorized access, use, or alteration of your content, even if Maktoub has been advised of the possibility of such damages. During the time you have an account, Maktoub’s total liability to you for all claims relating to the service will not exceed the greater of the amount paid, if any, to Maktoub for the service and 20 euros (including any payment fees ) (or the equivalent in the currency used to pay for the service).
Because some damages cannot be excluded or limited in some countries, some or all of the exceptions and limitations in this article may not applicable to oneself.

15. Indemnity by You.
You agree to indemnify, defend, and hold Maktoub, our affiliates, and their and our respective officers, directors, agents, and employees harmless from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising out of or relating in any way to your access to or use of the service.

16. Entire Agreement; Other.
The complete agreement between you and Maktoub regarding the use of the Service is included in this Agreement, which includes the Privacy Policy, and any terms disclosed and agreed to by you if you purchase extra features, products, or services we offer on the Service. The Company’s failure to exert or enforce any right or term of this Agreement does not imply that such right or provision has been waived. You acknowledge that your Maktoub account is non-transferable, and that all of your rights to your account and its Content expire when you pass away.
As a result of this Agreement, no agency, partnership, joint venture, fiduciary, or other special relationship or employment is formed, and you may not make any statements on Maktoub’s behalf or bind Maktoub in any way.

17. Disclaimers.
Maktoub provides the service “as is” and “as available,” and to the extent permitted by law, makes no guarantees whatsoever, express, implied, statutory, or otherwise, with regard to the service (including all content contained therein), such as, without limitation, any implied warranties of decent standard, implied warranties, fitness for purpose, or non-infringement. Maktoub makes no representation or guarantee that (a) the service will be available at all times, (b) any faults or errors in the service will be rectified, or (c) any material or information received on or via the service will be genuine
Maktoub is not responsible for any material that you, another user, or a 3rd party transmits, receives, or publishes via the service. You access any content downloaded or otherwise acquired by use of the service at your own risk.