This Terms of Service Agreement (this “Agreement”) is a legal agreement between You and AYN (“AYN”, “we”, “us” or “our”) regarding AYN’s App.
Terms & Conditions
Your use of AYN app
We grant you a limited, terminable, non – sub-licensable, non-transferable, non-exclusive license to install and use AYN App on your own or controlled Device solely for:
1- Personal use in connection with using the AYN Services; and
2- As permitted by the Apple Terms of Service or Google Terms of Service (as applicable).
This Agreement will also govern any software upgrades provided by AYN that replace and/or supplement the original AYN App, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
License Restrictions and Usage Rules
3.1- License Restrictions
You may not use AYN App on any Device that you do not own or control, and you may not distribute or make the AYN App available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute or sublicense the AYN App.
You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 3.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the AYN App, any updates or any part thereof.
You represent and warrant that you will only use AYN App and AYN Services in accordance with all applicable laws, rules and regulations
3.2- Usage Rules
You agree to use AYN App in accordance with the following applicable usage rules:
2- You will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);
3- You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the AYN App any of the following:
a) User Generated Content that is false, misleading, unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b) User Generated Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Generated Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
c) User Generated Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
d) Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
e) User Generated Content that, in the sole judgment of AYN, is objectionable or which restricts or inhibits any other person from using or enjoying the AYN App, or which may expose AYN or its users to any harm or liability of any type.
Termination & Survival
If you breach any of the terms of this Agreement, we may immediately this Agreement with immediate effect, and all provisions of this Agreement save for Section 2 (“License Grant”) will survive the termination of this Agreement.
License to AYN of User Generated Content
By using AYN App to view digital content from our servers, you are also submitting digital content viewed by you on your Device to our servers. You agree to grant, and thereby grant, to us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use content viewed by you using your Device (“User Generated Content”) to make AYN Service available to you and for our general business purposes. You hereby acknowledge and agree that the use of AYN App and AYN Service is sufficient consideration for the grant of this license to us. You represent, warrant and undertake that the User Generated Content does not and will not infringe the rights (including the Intellectual Property Rights) of any third party and shall comply with all applicable laws. You shall indemnify AYN and shall keep AYN indemnified from and against all losses arising out of or in connection with any claim or allegation that the User Generated Content infringes all applicable laws and/or the rights (including, without limitation, the Intellectual Property Rights) of any third party.
We reserve all intellectual property rights in AYN App and AYN Services, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on AYN App. This Agreement does not grant you any right to use the trademarks, service marks or logos of AYN or its licensors.
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of the AYN App (collectively the "Materials") are copyrighted works, trademarks, addresses, or other intellectual properties owned, controlled, or licensed by Monocle. or used under principles of "fair use." The Materials and AYN App as a whole are intended solely for your personal use.
Modification of this Agreement
We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice. If we modify the Agreement, we will post a notice on Monocle website located at https://ayn.monoclereality.com. If you do not wish to accept the new agreement, you may terminate this Agreement by deleting AYN App.
8.2- Limitation of Liability
To the maximum extent permitted by applicable law, ayn app is provided on an \"as is\" and "as available" basis without warranty or condition of any kind, express or implied. monocle and or its suppliers hereby disclaim all warranties and conditions with respect to ayn app, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, and absence of errors, bugs, viruses, and or mechanisms which may disable, damage or interfere with computer systems or networks. You acknowledge that your use of reach out is at your sole risk, that user assumes full responsibility for all costs associated with all necessary servicing or repairs of any equipment user use in connection with your use of the app, and that monocle shall not be liable for any damages of any kind related to your use of ayn app. monocle and or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the app or data therein for any purpose or the availability of any networks or communications lines or functioning of any mobile phone or device necessary for the app services.
8.3- Our Options
If AYN App infringes or misappropriates, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense modify AYN App to avoid and eliminate such infringement or misappropriation.
We will not be liable for any infringement based on:
Modification of AYN App by anyone other than us; or the combination of the AYN App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the software alone.
Disclaimer of Warranty
AYN App has been developed with, and AYN Services, are provided with, reasonable care and skill. AYN does not make any other promises or warranties about AYN App and in particular does not warrant that:
1. AYN App will provide uninterrupted or error-free use and AYN Services will be uninterrupted or error-free; and
2. AYN App and AYN Services will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
In no case shall AYN be liable for any loss or damage caused by the AYN App where:
1. There is no breach of a legal duty of care owed to you by AYN or Monocle;
2. It is not a reasonably foreseeable result of any such breach;
3. Any increase in loss or damage results from breach by you of any term of this Agreement;
4. It results from a decision by AYN, to suspend or terminate your access to the AYN App or the AYN Service, or to take any other action during the investigation of a suspected breach or as a result of a breach, of this Agreement;
5. It relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of AYN App or AYN Service; or
6. The loss or damage is indirect.
Links within the AYN App may lead to a website or services not operated by Monocle or its partners. Monocle exercises no control whatsoever over such other software and or applications and web-based resources and information and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. No judgment or warranty is made with respect to such other services and Monocle takes no responsibility for such other services. A link to another site or service is not an endorsement of that site or service. Any use You make of the information provided by the AYN App, or any site or service linked to by AYN App, is at your own risk. The AYN App shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked software and or applications, websites including information, material, products and services therein, is solely at your own risk.
Suspension of the AYN App and AYN Services
We can, at any time, suspend your use of AYN App and/or AYN Services. We will do this if we think it is reasonably necessary because:
1. We have concerns about the security of AYN App or AYN Services;
2. We are obliged to do so in order to comply with the order of a court, regulatory authority or other government body; or
3. We reasonably believe that you are using AYN App or AYN Services in a manner that is inconsistent with or breaches any of our, Apple or Google’s usage rules.
We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this.
Choice of Law and Jurisdiction
In the unlikely event that you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. You agree that any action at law or in equity arising out of or relating to AYN APP or these terms shall irrevocably and unconditionally be subject to the exclusive jurisdiction of the courts of Dubai.
This Agreement constitutes the entire agreement between you and us regarding the use of this AYN App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to insist upon or enforce any provision of these Terms of Services shall not be construed as a waiver of any provision or right of Monocle. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in any other instance.
You release, waive, discharge and promise not to sue or bring any claim of any type against monocle. for loss, damage or injury relating in any way to reach out or services provided by ayn app and/or monocle.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement by providing you with notice of such assignment. If you do not wish our rights under this Agreement to be assigned to a third party, you may terminate this Agreement by providing us with written notice of the same.
You understand that the technical processing, functioning and transmission of AYN App may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Monocle assumes no responsibility for the deletion or failure to store content or other information. Monocle accepts no responsibility or liability for any interruption or delay of any service, your connection to the App is not guaranteed.
We shall not have any liability to You as a result of Our delay or failure to perform Our obligations under this Agreement as a result of reasons beyond Our reasonable control including but not being limited to acts of God, war, riot, flood, earthquake, actual or threatened terrorism, power failures, equipment failure, communications interruptions, fire, labor disputes, subcontractor or supplier delays or failures, strikes, utility failures, civil commotion, malicious damage, explosion, governmental actions, financial constraints and any other similar events.
Product Questions, Comments, Claims and Contact Information
If you have any comments or questions, please contact AYN at [email protected]
If you believe that any material within the AYN App infringes upon your copyright, please send your written notice of infringement to: [email protected]
Access and Use
You understand and accept these Terms of Services without limitation or qualification. By any use of the AYN App You continue to agree and continue to be bound by these Terms of Services.