Saddaka Terms of Service

Subject to these Terms of Service, as amended from time to time (the "Terms of Service"), Saddaka Itd. makes the Saddaka Platform available to you through its website at www.saddaka.com and associated mobile applications (collectively, with all new features and applications, the “Platform”) and the Saddaka Community and associated services (collectively, with the Platform, including all new features and applications, the “Services”). If you are an Organizer (as defined below), Beneficiary (as defined below) of a Fundraiser (as defined below), Comment Contributor or Donor (as defined below) (collectively referred to herein as "User") located in the United States, you are contracting with Saddaka ltd, 855 Jefferson Avenue, PO Box 1329, Redwood City, CA, 94063. If you are a User located outside of United States, excluding Australia and New Zealand, you are contracting with Saddaka Ireland, Ltd, 70 Sir John Rogerson Quay, Dublin 2, Ireland. If you are a User located in Australia, you are contracting with Saddaka Australia PTY Ltd, Tower One – International Towers Sydney, Level 46, 100 Barangaroo Avenue, 2000, Sydney, NSW. If you are a User located in New Zealand, you are contracting with Saddaka New Zealand Limited, c/o Quigg Partners, Level 7, 36 Brandon Street, Wellington 6011. Unless otherwise stated, for the purposes of these Terms of Service, “ Saddaka”, “we”, “us”, “our” and other similar terms, refer to the party with whom you are contracting.

ARBITRATION, WAIVER OF JURY TRIALS AND CLASS OR CLASS ACTIONS: EXCEPT AS OTHERWISE PROVIDED IN THE DISPUTE SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY INDIVIDUAL ARBITRATION BINDINGLY AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR CLASS ACTION. PLEASE REVIEW THE DISPUTE SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SERVICE.

We reserve the right, at our sole discretion, to modify portions of these Terms of Service at any time without notice. If there is a revision, we will post the revised Terms of Service on this page and indicate the date of such revision.

By continuing to use the Services after the date of these changes, you agree to the new Terms of Service. To the extent permitted by law, the English version of these Terms of Service is binding and other translations are provided for convenience only. If you do not wish to accept the new Terms of Service, you may stop using the Services.

In addition, when you use the Services, unless you are located in the European Economic Area, the United Kingdom, or Switzerland ("Europe"), you are subject to other applicable policies, including Privacy Notice. All such policies are incorporated into these Terms of Service by reference (provided, however, that these Terms of Service shall prevail in the event of any conflict). We will resolve such disputes in our sole discretion, and all of our decisions will be final.

ACCESS TO THE SERVICES AND USE

Description of Services: The Services are offered as a platform for an individual, entity or non-profit organization (the "Organizer") to post a fundraiser (the "Fundraiser") on the Platform in order to to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of the Fundraiser beneficiary (the “Recipient”). Payment processor: Saddaka is not a payment processor and does not hold any funds. Instead, Saddaka uses third-party payment processing partners to process Donations for Fundraising (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is an integral part of the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services. See our Privacy Policy.

Transaction fees: Although no fees are required to start or maintain a Fundraiser, we remind you that transaction fees, including credit and debit fees, are deducted from each donation (referred to below and on the website " Transaction fees "). To find out more about the Platform and the applicable transaction fees

The Services are platforms. We are neither a Broker, nor a Financial Institution, nor a Creditor, nor an Association: The Services are administration platforms only. Saddaka helps Organizers manage their Fundraisers and allows Donors to make Donations to these Fundraisers. Saddaka is not a broker, agent, financial institution, creditor, or 501(c)(3) nonprofit organization of the federal tax code.

The information and content provided by Saddaka regarding the Services is for informational purposes only, and Saddaka does not warrant the accuracy, completeness, timeliness, or reliability of such information or content. None of the content is intended to provide financial, legal, tax or other professional advice. Before making any decision whatsoever regarding Pools, Charities (as defined below), Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other other professional adviser, if necessary. You acknowledge that you view the information and content to which you have access using the Services at your own risk.

Saddaka exercises no control over any User's conduct or any information provided by a User, and hereby disclaims any liability in respect thereof to the extent permitted by applicable law. We do not guarantee that a Fundraiser will receive Donations or a certain amount of Donations. We do not endorse any Fundraiser, any User, or any specific cause, and we make no warranties, express or implied, as to the accuracy of any information provided through the Services. We expressly disclaim any responsibility for the outcome or success of any Fundraiser. As a Donor, it is your responsibility to decide the amount and appropriateness of any contribution to a User or Fundraiser.

Non-solicitation: The Platform is intended to help Organizers raise funds. Saddaka simply provides the technology to connect fundraisers with Donors. The existence of the Services is not a solicitation of Donations by Saddaka, and Saddaka does not engage in any solicitation activity, nor does it advise on the solicitation of Donations from the public, on behalf of any person, entity or organization. By using the Services, you understand and agree that Saddaka is not responsible for the use of your Donations or the amount of funds raised for User or Fundraising.

Donors: All Donations are made at your own risk. When you donate on the Platform, it is your responsibility to understand how your money will be used. Saddaka is not responsible for any offers, promises, rewards or Promotions (as defined below) made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify any information that Users or fundraisers provide, and we do not represent or warrant that Donations will be used in accordance with the stated Fundraising purposes. by a User or a Fundraiser or in accordance with applicable laws. Notwithstanding the above, we take potentially fraudulent activity, as well as misappropriation of funds raised, very seriously. If you have reason to believe that a User or Fundraiser is not collecting or using funds for the stated purpose, click the "Report" button in the Fundraiser to alert our team to this potential issue. , and we will launch an investigation.

If you are a Donor to a not-for-profit organization, incorporated as such under applicable incorporation laws (“Association”):

A. You have no authority to impose restrictions on the use of this Gift by the Association. To the extent that you are making a Donation in response to a call for a specific Association project, or to the extent that you purport to determine the use of that Association's Donations, these guidelines shall be non-binding recommendations only and the Association may determine in its sole discretion how all Donations will be used.

B. You should consult your tax advisor as to the amount of your Donation which is tax deductible or eligible for a tax credit, taking into account (among other things) the tax regime of the Recipient of any Donation in the relevant country. Saddaka makes no representation regarding the possible tax deductibility, or eligibility for tax credits, of all or part of your Donations, including, where applicable, Transaction Fees. Saddaka disclaims all liability for any claim by any federal, state, provincial, territorial, local or other taxing authority with respect to the designation of a Donation by you, any User or any Association in any tax return. 

C. Unless you object to such disclosure, you acknowledge and agree that, in accordance with our Privacy Policy, some of your personal data will be shared with the Association to which you are donating, in particular when they are included in a Donor List (as defined below), and they may be used by this Association to issue official donation receipts (or equivalent) and in any manner consistent with the Association's Privacy Notice. Saddaka cannot be held responsible for the use by an Association of the personal data of Donors.

D. Please review all state-required information about Charities soliciting contributions here: Nonprofit Organization Information.

Organizers: As an Organizer, you represent, warrant and agree that: (i) all information you provide regarding a Fundraiser or a Beneficiary is accurate, complete and not likely to mislead Users and that you will publish updated as necessary so that Users can understand how the funds are used and to provide any other relevant information regarding your Fundraising; (ii) all Donations made to your Fundraiser will be used only as described in the materials you post or otherwise provide; (iii) if you withdraw Donations which the Donors believe were collected on behalf of someone other than you (i.e. the Beneficiary), all Donations will be returned and/or expended for the Beneficiary's account; (iv) if through the Services you add a Beneficiary, you will relinquish control of the Donations; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including laws and obligations relating to registration, tax reporting, political contributions and asset reporting in connection with your Fundraising. funds; (vii) to the extent that you share any third party personal data with us for any purpose, including the names, email addresses and telephone numbers of your personal contacts, you are empowered (and have the consents necessary), as required by applicable law, to provide us with that personal data and to allow us to use it in accordance with the purposes for which you shared it with us; and (viii) you will not provide or offer to provide any goods or services in exchange for Donations. You authorize Saddaka, and Saddaka reserves the right to provide information relating to your Fundraising to Donors, Recipients of your Fundraising, law enforcement or other regulatory bodies, and to assist in any investigation in this regard.

If you are using the Services as an agent of an Association to raise funds for that Association, you represent and warrant that: (a) you are a representative of the Association authorized to raise funds for the Association and to bind the Association by these Terms of Service; (b) you are raising funds for an Association whose cause or activity is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) any funds raised will be used only for the purposes you have stated in your Fundraiser, and you may not use the funds for any other purpose under any circumstances; (d) your Association has and will maintain tax-exempt status under applicable law (eg, the Internal Revenue Code in the United States or the Income Tax Act in Canada); and (e) if your Association is based in the United States, it is listed in the GuideStar database or the IRS Tax Exempt Organizations database or, in Canada, the database Canada Revenue Agency registered charities.

Your registration obligations: You may be required to register with Saddaka in order to access and use certain features of the Services. If you choose to register to use the Services, you agree to provide and maintain accurate and complete information about yourself or your Association as requested in the Services registration form. Organizers must register by providing their true identity (or that of the Associations' authorized representatives), including their name, address and any image or video depicting the Organizer or Fundraiser Beneficiary. You agree to keep the registration information accurate and up-to-date.

Registration Data and certain other information about you is governed by these Terms of Service, including our Privacy Policy. If you are under the age of 13 (16 in Europe), you are not permitted to use the Services, whether with or without registration. In addition, if you are under the age of majority in your jurisdiction (usually 18 or 19), you may use the Services, whether with or without registration, only with the consent of your parents or of your tutor. Certain aspects of our Services may also require you to register with third-party service providers (e.g., Payment Processors), with whom Saddaka has contracts, and acceptance of their terms, in order to benefit from their services. If Saddaka or one of our Payment Processors finds at any time that the information you have provided about yourself or your Fundraising purpose is incorrect or violates any of these Terms of Service or the terms of service of such processors, your access to the Services may be immediately suspended and/or terminated and the relevant authorities may impose fines on you, which you must pay. 

Associations: The Services include the features and services described herein. All Donations are subject to transaction fees applicable to each Donation. 

A. Debit Disputes and Refunds. A Donor may optionally dispute a credit card charge for a Donation made through the Services or submit a claim for reimbursement under Saddaka's Donation Guarantee.

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            1. If Donations have been refunded to the Donor by PayPal or under Saddaka's Donation Guarantee, or if PayPal Giving Fund has already released payment to the Association, any chargebacks or refunds will be deducted from future payments made to the Association and, if necessary, an invoice will be issued to the Association concerned. The relevant Charity expressly agrees: (a) that it is obligated to remit to PayPal or PayPal Giving Fund the full amount of any refund of Donation due to a Donor; and (b) that PayPal or PayPal Giving Fund, as applicable, may elect to collect the amount owed on a future Donation rather than requiring the Association to return the refunded Donation.
            2. If Donations have been made through Adyen or Stripe, the Association retains control of the Donations and the Association, and not Saddaka, Adyen or Stripe, is responsible for issuing refunds and managing refunds. chargebacks directly with Donors.

B. Removal of an Association from our databases If you represent an Association and do not want your Association to appear in Saddaka's searchable database, you can contact us here to request the deletion of your Association from our database. You will include in your email your full name, title, email address and phone number associated with your Association. Note that if your Association is removed from Saddaka's database, it will no longer be able to receive Donations via the Platform.

C. Receipt of funds. For Charities, the receipt of Donations, less any applicable Transaction Fees, is governed by, and subject to, the procedures and terms of the relevant Payment Processor. The Payment Processors available are described in the “Payment Processors for Associations” section below. Saddaka is not a payment processor and does not hold funds.

D. Taxes. Saddaka does not withhold funds for tax or other reasons. The Associations are solely responsible for the payment of applicable taxes and duties in accordance with applicable international, federal, state or local regulations, or any other applicable taxes calculated on net profit or gross income (as applicable).

E. Donor Lists and Other Data.   An Association may access information about the Organizer of a Fundraiser for the Association, Donor Lists (defined below) and Donor Data (defined below) for compliance and transaction. Please contact us  here  for all questions. “Donor Data” means a Donor's name, address, email address, Donation amount, transaction date, transaction identification number and project name. THE LIST OF DONORS WHO CONTRIBUTE TO AN ASSOCIATION'S FUNDRAISING THROUGH THE SERVICES ("DONOR LISTS") ARE PROVIDED "AS IS", AND SADDAKA MAKES NO REPRESENTATIONS, WARRANTIES OR MAKES NO ASSURANCE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LIST OF DONORS OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor checks the “Anonymous” box at the time of Donation or seeks to be anonymous by other means provided herein, by using the Services, the Donor consents to the disclosure of Donor Data as described in these Terms of Use, including, but not limited to, disclosure as part of a Donor List.

Taxes: You should determine what, if any, taxes apply to Donations you receive through your use of the Services. You are solely responsible for determining, collecting, reporting or paying applicable taxes, if any, to the applicable tax authorities.

Member account, password and security: You must maintain the confidentiality of your password and account, if any, and you will be solely responsible for all activities that occur with your password or on your account. You agree to (a) notify Saddaka immediately of any unauthorized use of your password or account or any other breach of security; and (b) log out of your account at the end of each session when you access the Services. Saddaka will not be liable for any loss or damage resulting from your failure to comply with this Section.

reCAPTCHA: The Platform uses the reCAPTCHA product to provide a higher level of security. reCAPTCHA is subject to Privacy Notice and to Terms of use from Google. 

GoogleMaps : The Platform uses Google Maps functionality and content, which are subject to the then-current versions of the Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.html ; and (ii) Google's Privacy Policy available at https://www.google.com/policies/privacy/. 

Changes to the Services: Saddaka reserves the right to modify, suspend or discontinue, temporarily or permanently, all or part of the Services at any time and for any reason, with or without notice, and without incurring any liability to you or any third party for any claims , damages, costs or losses that may arise therefrom.

Content clearly made public by the User.

A. Public Content; Public Posting of Information and Donations. Some of your activity on and through the Services is public, such as the content you post to the Platform (including descriptions, text, music, sounds, information, data, software, artwork, comments, photos, videos, images, trademarks, logos, brands or other content that you upload or post to the Services or share with other Users or recipients) (“User Content”). In addition, your User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in your User profile may be viewed by other Users to facilitate interactions between Service Users. For example, as an Organizer, you may publish certain personal data which may be considered sensitive data, such as information about a recent hospitalization. Additionally, as a Donor, you have the ability to publicly display your Donation for everyone to see, including search engines (like Google and Yahoo). If you would like your Donation to remain confidential, please check the “Private” box during the Donation process. Remember that if you choose to provide information using certain public features of the Services, that information is governed by the privacy settings of those particular features and may be accessible to the general public. People who read this information could use it or communicate it to other people or entities without our knowledge and without your knowledge, and search engines could index this information. Therefore, we urge you to think carefully before including information that you consider private in the content you create or information you submit via the Services. Please see our Privacy Policy to learn how we may collect, use and store certain information about you and your use of the Services.

B. Other information: Note that User Content and other solicited or unsolicited information you provide to Saddaka may be publicly available, such as information posted in forums or comment sections or in response to surveys we may send. We also collect information through your interactions with customer service, when you send us ideas for new products or changes to existing products, and other unsolicited contributions, or questions, comments, suggestions, ideas, returns or any other information about the Services (collectively, with publicly available information, “Other Information”). By sending us Other Information, (a) you agree that we are not subject to any confidentiality obligation, express or implied, with respect to the Other Information; (b) you acknowledge that we may already have in consideration or development something similar to the Other Information; (c) you acknowledge that Saddaka has the right to unrestricted use and dissemination of Other Information for commercial or other purposes without acknowledgment or compensation to you; (d) you represent and warrant that you have all necessary rights to submit the Other Information; (e) if required, you hereby grant Saddaka a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sublicensable (multilevel) license to use, reproduce, produce, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise exploit, whether or not commercially, any Other Information, and to sublicense the foregoing rights; and (f) you waive and cause to be irrevocably waived all moral rights contained in such Other Information against Saddaka and its Users. This Other Information section will survive any termination of your account or the Services.

You acknowledge and agree that Saddaka may retain Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law, or if Saddaka has a good faith belief that the retention or disclosure of Other Information is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Saddaka, its Users, or the public.

Communications with third parties: If you use any feature of the Services that allows you to communicate with third parties (e.g., to recommend the Services to a third party or to communicate with a third party regarding a Fundraiser or Donation), either by submitting Data relating to the third party ("Third Party Data") on the Services, or by allowing the Services to automatically access Third Party Data in your possession, you acknowledge and represent that you have the authority, on behalf of such third party, to authorize us to access to third party Data and to use it, and that you have informed this third party of the collection and use of its data by Saddaka in the context of the provision of the Services. We reserve the right to identify you as the person who made the referral in any messages sent to them. We use Third Party Data to: (a) contact that third party using the Third Party Data provided; and/or (b) provide you with an editable template message to facilitate communication between you and such third party through the Services. In addition to sending the above communications, we may also send reminders or other similar messages to you and third parties on your behalf, where permitted by applicable law. In each case, any communication sent to third parties using Third Party Data will provide an opportunity to opt out of receiving further communications of the same nature.

Promotions on the Platform: If you live in the UK, you will have the option to distribute reward gifts (eg a sticker, while supplies last, for each donation made) as part of your Fundraiser. In any other case, you are not authorized to offer any contest, competition, reward, giveaway, raffle, sweepstakes or any other similar activity (each of which is considered a "Promotion") on or through the Services.

Sales prohibited on the Platform: You are not authorized to offer any good or service in exchange for a Donation on the Platform.

Data retention: You acknowledge that Saddaka has no obligation to you to maintain data relating to any account or Fundraiser. You acknowledge that Saddaka reserves the right to delete data, close accounts or terminate Fundraisers at any time and for any reason, with or without notice, and without incurring any liability to you or any third party claims, damages, costs or losses that may arise therefrom. The above does not apply to Fundraisers started, or to accounts created by Associations on the Platform; for such Fundraisers and Accounts, Saddaka will give reasonable notice, where possible.

Mobile services and text messages: The Saddaka Services incorporate certain features that may be available through a mobile device, including the ability to (a) upload User Content to the Platform, (b) browse the Platform, and (c) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). If you access the Mobile Services, your mobile carrier's standard charges, data transmission charges, and other charges may apply. Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services will work with all carriers or devices. By using the Mobile Services, you agree that we may send you messages by SMS, MMS or other electronic means to your mobile device about matters relating to your account, and that certain information regarding your use of the Mobile Services may be communicated to us. Additionally, when setting up your Saddaka account, if you click "Send Code" via "Text Message", you agree to receive automated text messages related to your account from or on behalf of Saddaka at phone provided. You can reply STOP to these messages to stop them from being sent. The frequency of messages will vary. Charges may apply. We will comply with any additional terms that may apply under local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile phone number, you agree to promptly update your Saddaka account information to prevent our messages from being received by the person who recovers your old phone number.

PROHIBITED CONDUCT

If you are a User located in Australia, the terms "Saddaka", "we", "us", "our" and other similar terms appearing in this section (Prohibited Conduct) shall be understood to refer to Saddaka Australia PTY Ltd and Saddaka ltd.

You are solely responsible for compliance with all applicable laws in connection with your Fundraising or use of the Services. You are furthermore solely responsible for all User Content that you upload, post, display, transmit or otherwise use. If you are not the Beneficiary of the Fundraiser you are organizing, you agree to disburse the funds directly to the Ultimate Beneficiary as soon as possible. You agree to cooperate fully with us and to respond to any request to produce evidence that we deem necessary to verify compliance with these Terms of Service.

Examples of User Content and/or use that are unlawful or prohibited by Saddaka are provided below. This list is not exhaustive and we reserve the right to suppress any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the provisions or the spirit of these Terms of Service. Service, or other policies such as the Saddaka Donation Guarantee or the Beneficiary Guarantee. As part of our investigation of your Fundraiser, User or User Content, we may review any available content, including but not limited to social media, related news and any other information we deem useful to review. . We further reserve the right to, among other things, prohibit or disable your use of the Services, remove offending User Content, suspend or terminate your account, stop payments to any Fundraiser, freeze or hold Donations, report you to law enforcement authorities, or take any other relevant legal action, including seeking compensation on our behalf and/or on behalf of our Users.

Notwithstanding the foregoing, you agree and represent, warrant and covenant that:

A. not use the Services to raise funds, create or contribute to a Fundraiser with the implicit or explicit objective of promoting or involving:

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            1. violation of any law, regulation, industry standard or third-party guidelines or agreements by which you are bound, including those of payment card providers and transactional service providers to which you have recourse in connection with the Services;
            2. any election campaign in a non-supported country, unless conducted by an organization registered in a supported country;
            3. any User Content or Fundraising that is fraudulent, misleading, inaccurate, dishonest or impossible;
            4. drugs, narcotics, steroids, controlled substances, drugs or similar products/treatments that are unlawful or prohibited by any relevant regulatory body; legal substances causing the same effects as a narcotic; other products, medical practices or all related equipment and accessories whose dangerousness has been established by a competent regulatory body;
            5. knives, explosives, ammunition, firearms or other weapons or accessories;
            6. annuities, investments, loans, equity or lottery contracts, lay-away schemes, off-shore banking or similar transactions, financial services activities (including foreign exchange, check cashing or other similar activities ), pyramid schemes, "get-rich-quick schemes" (i.e. investment opportunities or other purportedly lucrative services), "network marketing" and "referral marketing" schemes, debt collection or cryptocurrencies;
            7. gambling, gambling and/or any other activity with an entry fee and prize, including without limitation raffles, casino games, fantasy games, virtual sports, horse or greyhound racing, tickets lottery, raffle tickets, auctions and other businesses facilitating gambling, games of skill or chance (whether or not defined by law as a lottery), Promotions with monetary rewards, including gift cards or raffles by lot;
            8. Any User Content that reflects or promotes behavior deemed, in our sole discretion, to be an abuse of power or incitement to hatred, violence, harassment, intimidation, discrimination, terrorism, financing terrorism or intolerance of any kind related to race, ethnic origin, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or illnesses;
            9. the legal defense of alleged crimes such as incitement to hatred, violence, harassment, intimidation, discrimination, terrorism or intolerance in any form whatsoever, and related to race , ethnic or national origin, religious belief, sexual orientation, gender, gender identity, gender expression, serious disabilities or illnesses, financial crimes or misdemeanors or scams;
            10. activities with, in, or involving countries, regions, states, persons, or entities subject to U.S. economic sanctions and other economic sanctions under applicable law, unless such activities are expressly authorized by the 'competent authority ;
            11. financing a ransom demand, human trafficking or exploitation, vigilante groups, bribery or personal gratuities;
            12. pornography or other sexual content;
            13. content that is offensive, crude, perverse or sensitive;
            14. the collection of payments on behalf of merchants by Payment Processors or other providers, including self-funding on Fundraisers or attempting to circumvent the payment method provided by Saddaka;
            15. credit repair or debt settlement services;
            16. receiving or granting cash advances or lines of credit to yourself or another person for purposes other than those clearly stated in the Fundraising;
            17. posting User Content (e.g., camera shots), which we consider, in our sole discretion, to be primarily intended for reputational damage;
            18. the sale or resale of a good or service;
            19. aggregation of funds owed to third parties, factoring or other activities intended to disguise the origin of funds;
            20. counterfeiting of licensed music, movies, software or other materials without the proper permission of the rights holder;
            21. products or services that directly infringe or facilitate the infringement of any trademark, patent, copyright, trade secret or proprietary or privacy rights of any third party;
            22. the unauthorized sale or resale of any brand name or designer products or services;
            23. the sale of goods or services that have been illegally imported or exported;
            24. processing a Donation that has not been accepted in good faith, cash advance, card testing, circumvention of card network chargeback monitoring programs;
            25. raising or disbursing funds for purposes other than those stated in a Fundraising description;
            26. any other activity that Saddaka may consider in its sole discretion to support persons and/or entities associated with suspected financial crimes, including in terms of corruption, tax evasion, fraud and other similar activities; Where
            27. any other activity that Saddaka may determine, in its sole discretion, to be: (a) unacceptable or objectionable; (b) restricting or inhibiting any other person from using or enjoying the Services; or (c) exposing Saddaka or the Users to harm or liability of any kind.

B. not use the Services to transmit or upload any User Content: (i) that infringes the intellectual property rights or other proprietary rights of any third party; (ii) you do not have a right to download under any law or contractual or fiduciary relationship; (iii) that contains software viruses or any other computer code, files or programs intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a risk to the privacy or security of any person; or (v) that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "chain letters", "pyramid schemes" , “contests”, “sweepstakes” or any other form of solicitation;

C. not to interfere with or disrupt servers or networks connected to or used to deliver the Services or their respective functionality, or disobey any terms, procedures, policies or regulations of networks connected to or used to deliver the Services these latter ;

D. obtain, collect or publish personal data from third parties;

E. collect funds for a minor without the express authorization of their legal representative, unless the funds are transferred to a fiduciary account for the exclusive benefit of the minor;

F. use the Services on behalf of a third party or post personal data or other information about a third party, without the express consent of such third party;

G. use the account or URL of another User without authorization, impersonate any natural or legal person, give a false image of your link with a natural or legal person, give a false image of an Association or Fundraising through the Services, or post User Content in an inappropriate category or areas of the Services;

H. not incur Saddaka's liability or cause us to lose (in whole or in part) the services of our Internet service providers, our web host or any other provider;

I. not gain unauthorized access to the Services or any account, computer or network connected to the Services, by any unauthorized or unlawful means;

J. obtain or attempt to obtain any content or information not intentionally made available through the Services;

K. not use the Services to post, transmit or otherwise exploit any information, software or other content for commercial purposes, or containing advertising, provided that use of the Services for activities fundraising in accordance with these Terms of Use is expressly permitted;

L. not transmit more request messages through the Services in any given period than a human can reasonably produce in the same period using a typical web browser;

M. not engage in any activity or engage in any conduct contrary to the object or purpose of the Services; Where

N. not attempt to indirectly undertake any of the foregoing activities.

Further, with respect to any Donations you make or accept through the Services, you agree and represent, warrant and covenant that:

A. not to make or accept any Gifts that you know or suspect to be erroneous, questionable or fraudulent;

B. not use the Services in or for the benefit of any country, organization, entity or person embargoed or blocked by any government, including those on sanctions lists established by the United States Office of Foreign Assets Control (OFAC);

C. apply reasonable and standard security measures in order to protect any information transmitted and received through the Services, in particular by complying with the security procedures and controls required at all times by Saddaka;

D. keep a copy of all electronic documents and other documents relating to Fundraising and Donations, necessary for Saddaka to verify compliance with these Terms of Use, and provide such documents to Saddaka upon request. For the avoidance of doubt, the foregoing does not affect or limit your record-keeping obligations under applicable laws, rules, or regulations or as required by competent authorities; and

E. upon Saddaka's request, cooperate fully with any audit, investigation (including any investigation conducted by Saddaka, a Payment Processor, or any regulatory or governmental authority) or corrective efforts to remedy any any violation or alleged misconduct or discovery of a User, fundraiser or Donation to which you are linked.

Saddaka reserves the right to refuse, condition or suspend any Donation or any other transaction that we believe and in our sole discretion may violate these Terms of Service or harm the interests of our Users, our business partners, public or Saddaka, or which may expose you, Saddaka or others to risks that we consider unacceptable. We may share any information relating to your use of the Services with the relevant financial institution, regulatory authorities or law enforcement agencies, in accordance with our Privacy Policy. This information may include information about you, or your account, Donors, Donations, and transactions made through or in connection with your use of the Services.

DONOR CONDUCT

Donations: To contribute to a Fundraiser or Charity, a Donor will need to provide Saddaka with information relating to their credit card or other payment instrument ("Payment Instrument") linked to the Donor's Saddaka account (a " Billing Account "). As a Donor, you represent and warrant to Saddaka that this information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a minimum amount of Donation may be required and that all Donations are final and non-refundable, unless Saddaka, in its sole discretion, agrees to make a refund, including under the Guarantee. donations from Saddaka. Saddaka uses third-party payment processing partners to bill you for Donations made through your Payment Instrument and Billing Account, and Donors acknowledge that by making a Donation to a Fundraiser, they agree the processing, use, transfer or disclosure of data by Payment Processors in accordance with these Terms of Service and with any applicable terms established by our payment partners. For a list of our current Payment Processors and links to their terms of service, please see the Payment Processors section below.

ORGANIZERS, BENEFICIARIES OR ASSOCIATIONS

Account blockages: Saddaka may decide at any time and in its sole discretion to block a Fundraising account (a "Blocking"), to prevent Withdrawals (defined herein as the transfer of Funds raised to the Beneficiary), to initiate a reverse CCA transfer, to constitute reserves or to take similar measures to protect its interests and those of its Users. We may take these actions, including if we believe or determine, in our sole and absolute discretion, that: (i) the information provided by an Organizer is false, misleading or fraudulent or that the funds are being used for a prohibited purpose; (ii) the available funds must be directly remitted to a person other than the Organizer, such as a legal beneficiary or a person authorized by law to act on behalf of the Organizer; (iii) a Fundraiser or Organizer has violated these Terms of Service; (iv) Sponsor colludes with Donors to engage in fraudulent activities; (v) suspicious or fraudulent Donations may be made; or (vi) to comply with a court order, subpoena, subpoena, injunction, or applicable laws and regulations.

Withdraw Donations from a Fundraiser: Although Saddaka endeavors to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be immediately available; (ii) Saddaka does not guarantee that Withdrawals will be available to you within a specific time period; and (iii) Saddaka expressly disclaims any liability for any delay in Withdrawal or inability to access and use Withdrawals at a particular time, and any consequences thereof. As the Organizer and/or Beneficiary, you must ensure that the information you provide to Saddaka to process a Withdrawal, including your bank details, is accurate and up to date. Saddaka may at any time, for any reason, without notice and in its sole discretion, offer or issue a refund of one or more Donation(s), with or without prior consultation with you, which may affect the total amount of Donations made to your Fundraiser. Saddaka shall not be liable to you or any third party for any claims, damages, costs, losses or other consequences due to the issuance of a refund by Saddaka, including, without limitation, transaction or overdraft fees.

PAYMENT PROCESSORS 

Saddaka uses Payment Processors to process Donations made for your Campaign before disbursing them to you. To withdraw funds from a Campaign, a Campaign Organizer or, if different, the Beneficiary (collectively, "Debiting Entity") will need to provide the Payment Processor with information regarding their bank account (“Withdrawal Account”). As the Initiating Entity, you represent and warrant to the Payment Processor and Saddaka that this information is true and that you are authorized to use the Withdrawal Account in question. 

By creating a Fundraiser or accepting the role of Fundraiser Recipient, the Withdrawing Entity consents to the processing, use, transfer or disclosure of data by Payment Processors in accordance with these Terms of Service and all applicable terms established by the relevant Payment Processors. Our current Payment Processors are: Adyen LLC (Ayden's Terms of Service), Stripe, Inc. (), Stripe Terms of Service () and PayPal, Inc. (PayPal Terms of Service) and PayPal Giving Fund. Saddaka's payment partner in Australia is Adyen Australia. Adyen Australia has entered into a contract with Saddaka's Australian entity, Saddaka Australia Pty Ltd (ACN 627 702 630), which is the contracted party responsible for processing transactions made for the benefit of Australian Users. Australian Users are advised to consult Adyen Australia's guide entitled Combined Financial Services Guide and Product Disclosure Statement..

Payment Processors for Associations:  Saddaka has partnered with PayPal and, in limited circumstances, Adyen or Stripe, with respect to Charity Donations. Although exceptions may be made, Charities in the United States, United Kingdom, Ireland, Canada and Australia will by default use PayPal to process Donations made through the Services. How transactions will be handled is explained below. Associations in other countries will use Adyen or Stripe by default.

A.PayPal.

i. PayPal is the Payment Processor for Fundraisers whose Beneficiary is identified as an Association. 

ii. In the United States, all Donations made through these Fundraisers will be accepted by PayPal Giving Fund, a public 501(c)(3) nonprofit organization registered with the IRS, which grants subsidies. PayPal Giving Fund receives User Donations as a referenced organization, then, as far as possible, allocates the Funds to the Association chosen by the Organizer and identified in the Fundraising. Although PayPal Giving Fund endeavors to disburse Donations in accordance with Donor preferences, PayPal Giving Fund maintains sole control of all Donations. If a Charity fails to comply with the terms of use of PayPal Giving Fund's Nonprofit Certification Policy and/or fails to meet PayPal Giving Fund's due diligence standards to be eligible to receive a Donation, PayPal Giving Fund may reallocate funds in accordance with its policy available here. When PayPal Giving Fund receives your Donation, it transfers it to the Association of your choice, but it is PayPal Giving Fund that will appear on your tax receipt. Donations made through PayPal Giving Fund are governed by the PayPal Giving Funds and PayPal Privacy Policy and User Agreement.

iii. PayPal Giving Fund has foreign counterparts, which are also Certified Associations in those countries. For example, if an Organizer in the UK launches a Fundraiser for a Charity in the UK, PayPal will act as Payment Processor and PayPal Giving Fund UK will receive the Donations. Thereafter, PayPal Giving Fund UK will remit the funds to the Charity identified in the Fundraiser, to the extent of its ability, and will issue country-specific tax documentation for all Donations received through it.  

B. Adyen or Stripe. When Adyen or Stripe processes a Donation through the Services in favor of a Charity, the Donation will be directly transferred from the Donor to the charity's merchant account. Donations will appear on the Donor's credit card statement under the name of the Association to which the Donor made a Donation. For more information see Adyen's Terms and Conditions Where the Stripe Services Agreement.

SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROL

The Software (as defined below) available as part of the Services and the relevant data transmission, if any, may be subject to the export control and economic sanctions laws of the United States or other countries. . No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. You download or use the Software at your own risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws governing your use of the Services, including with respect to acceptable behavior and content on the Internet.

SOFTWARE APPLICATIONS COMPATIBLE WITH APPLE

Saddaka offers software applications that are intended to be used, among other things, with products marketed by Apple Inc. (hereinafter "Apple"). With respect to Software provided for use with an Apple-branded product (“Apple Activated Software”), in addition to the other terms set forth herein, the following terms shall apply:

• Saddaka and you acknowledge that these Terms of Service are entered into between Saddaka and you alone, not with Apple, and between Saddaka and Apple. Saddaka, and not Apple, is solely responsible for the Apple-Compatible Software and its content.
• You are prohibited from using Apple-Compatible Software in any way that is contrary to or inconsistent with the Apple-Compatible Software Usage Rules set forth in the App Store Terms, or inconsistent with the App Terms. Store.
• Your license to use Apple-Compatible Software is a limited, non-transferable license to use Apple-Compatible Software on an iOS Product that you own or are responsible for, subject to the Usage Rules set forth in the Terms. App Store general terms.
• Apple has no obligation to provide any maintenance or support services for Apple-Compatible Software.
• Apple is not responsible for any product warranties, express or implied. If Software activated under Apple fails to conform to any applicable warranty, you may notify Apple who will refund the purchase price of the Apple Software to you, if any, and to the extent permitted by applicable law, Apple will not any other warranty obligation with respect to Software activated under Apple or any other claims, losses, liabilities, damages, costs or expenses attributable to non-conformance with the warranty, which shall be the sole responsibility of Saddaka, provided that such responsibility cannot be excluded under applicable law.
• Saddaka and you acknowledge that Saddaka, and not Apple, is responsible for addressing any claims you or any third party may have relating to Apple-Compatible Software or your possession and/or use of such Software, including, without limitation: (i) a claim for product liability; (ii) a claim that the Apple-Compatible Software fails to comply with an applicable legal or regulatory requirement; and (iii) a claim under consumer protection or other similar laws.
• If a third party claims that Apple-Compatible Software or the end user's possession and use of Apple-Compatible Software infringes such third party's intellectual property rights, as between Saddaka and Apple, Saddaka, not Apple, will responsible for the investigation, defense and settlement of this intellectual property infringement claim.
• You represent and warrant that; (i) you are not located in a country that is subject to an embargo by the United States government, or that has been designated by the United States government as a “terrorist supporting” country; (ii) you are not on any list of persons subject to prohibitions or restrictions imposed by the United States government; and (iii) you are not located in another country in which applicable law would prohibit you from using the Services.
• For any questions, complaints or claims regarding Apple-enabled Software, contact Saddaka at:

Saddaka, Icd.

Saddaka and you acknowledge and agree that Apple, and Apple's affiliates, are third party beneficiaries of these Terms of Service with respect to Software activated through Apple, and that upon your acceptance of the terms of these Terms of Service, Apple may (and shall be deemed to have accepted the right to) enforce these Terms of Service against you with respect to Software activated through Apple, as a third party beneficiary. Accordingly, the parties acknowledge and agree that Saddaka is entering into this clause (“Software Applications Powered by Apple”) for its own benefit and account and as agent for and on behalf of Apple and its affiliates. with respect to the exercise and enforceability of all rights, benefits and remedies of Apple and its affiliates (but not any obligation or encumbrance) under this clause ("Software Applications Powered by Apple" ), rights, benefits and remedies which will be enforceable by Saddaka on its own behalf and as agent on behalf of Apple and its subsidiaries. Saddaka may modify, terminate or terminate these Terms of Service without the consent of Apple or its affiliates.

INTELLECTUAL PROPERTY RIGHTS

Content of the Services, Software and Trademarks: You acknowledge and agree that the Services may contain content or functionality (hereinafter the "Services Content") protected by copyright, patent, trademark, trade secret or other rights and laws on the property. Unless expressly authorized otherwise by Saddaka, you agree not to modify, copy, engage in "framing", perform "screen scraping", rent, lease, lend, sell, distribute or create derivative works of the Services or Services Content, in whole or in part; however, the foregoing provisions do not apply to your own User Content that you lawfully upload to the Services. In connection with your use of the Services, you will not participate in or use any data mining, spiders, robots, scraping systems, or similar data gathering or extraction systems. If your access to the Services is blocked by Saddaka (including the blocking of your IP address), you agree not to put in place measures aimed at circumventing this blocking (ex: by masking your IP address or by using an IP address of proxy server). Any use of the Services or Services Content not expressly authorized herein is strictly prohibited. The technology and software used in the Services or distributed in connection with them are the property of Saddaka, its subsidiaries and its partners (hereinafter the "Software"). You agree not to copy, modify, create derivative works from, reverse engineer, disassemble or otherwise attempt to discover source code, sell, assign, sublicense or transfer from otherwise a right to the Software. Saddaka reserves all rights not expressly granted herein.

The Saddaka name and logos are trademarks and service marks of Saddaka (collectively, the “Saddaka Marks”). The names and logos of other companies, products, and services used and displayed through the Services may be trademarks or service marks of their respective owners, who may or may not endorse, be affiliated with, or related to Saddaka. Nothing in these Terms of Service or the Services shall be construed to grant, by implication or otherwise, any license or right to use any Saddaka Marks displayed on the Services, without our prior written consent, and that , Everytime. All value created by the use of Saddaka Marks will be for our sole benefit.

Third Party Content: Saddaka can in no way and in any way be held responsible for the content of third parties (including Users) or User Content (including, without limitation, any errors or omissions in any User Content), or for any loss or any harm suffered as a result of the use of such User Content. You acknowledge that Saddaka does not pre-screen User Content, but that Saddaka and its representatives shall have the right (but not the obligation), in their sole discretion, to refuse, remove or authorize any User Content available through the Services, to at any time and for any reason, with or without notice and without incurring any liability to you or any third party for any claims, damages, costs or losses arising therefrom.

User Content transmitted via the Services: With respect to User Content, you represent and warrant that you own all right, title and interest in, or have obtained all necessary rights and consents to fully exploit, such User Content (and allow others to do so), including, without limitation, with respect to all copyright, trademark rights and rights of protection of personality or protection of privacy relating thereto. By uploading, sharing, providing or otherwise making available any or all User Content on the Services, you hereby grant and will grant Saddaka and its affiliates and Users a non-exclusive, worldwide, royalty-free license , transferable, fully paid for, sublicensable, perpetual and irrevocable to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content under the use of the Services or their promotion, advertising or marketing, in any form, on any medium or with any technology now existing or hereafter developed. Without limiting the foregoing, if any User Content contains your name, likeness or likeness, you hereby release Saddaka and its contractors and employees from any and all liability for: (i) claims of breach of privacy, the right to protection of personality or defamation; (ii) liability or other claim for blurring, distortion, alteration, optical illusion or other use or exploitation of your name, picture or likeness; and (iii) liability for any claim you (or your successor in such claim) may make in connection with your User Content, name, likeness or likeness. You waive any right to inspect or approve any interim or final version of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have obtained all necessary licenses, waivers and releases from such person for the benefit of Saddaka in full compliance with such licenses, waivers and aforementioned landfills. You further acknowledge that you participate in the Services and submit User Content voluntarily and that you will receive no financial compensation for the licenses, waivers and releases provided herein (or their operation by Saddaka) and that the sole consideration for the object hereof is the possibility of using the Services.

We do not guarantee that any Services Content will be available through the Services. We reserve the right to, but have no obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice and for any reason. either (including upon receipt of complaints or allegations from third parties or authorities relating to such Services Content or User Content, or if we suspect a violation of these Terms of Service), or for no particular reason, and (ii) remove or block any Services Content or User Content available through the Services.

Payment Card Industry Data Security Standards: The Payment Card Industry Security Standard (PCI DSS) establishes a series of criteria that apply to any company that handles, processes or stores credit card information. The main objective of this standard is to ensure the protection of bank card holder data in order to prevent fraud. Although card data is processed and stored by our Payment Processors, Saddaka has achieved the highest level of PCI compliance as a PCI DSS Level 1 Compliant Service Provider.

Claims regarding copyrights or trademarks: Saddaka respects intellectual property rights, and we ask our Users to do the same. If you believe that your work has been copied and that such copying constitutes an infringement of your copyright or that your intellectual property rights have been infringed in any other way, you must notify Saddaka by following the procedure described below.

Saddaka will address and investigate allegations of infringement and take appropriate action under the Digital Millennium Copyright Act ("DMCA"), trademark infringement laws, and other applicable intellectual property laws. regarding any actual or alleged violation. Notifications of infringement should be emailed to Saddaka's Copyright Officer at contact@saddaka.com (“DMCA Takedown Request”). You can also contact us by mail:

Responsible for the copyright of Saddaka:
Saddaka, Itd.
Attention: Legal Department
855 Jefferson Ave.
PO Box 1329
Redwood City, CA 94063
United States

To be valid, the notification must be made in writing and contain the following information:

• an electronic or handwritten signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
• a description of the copyrighted work, trademark or other intellectual property right that you claim is infringed;
• a description of where the infringing content is located on the Services, in sufficient detail to enable us to find it;
• your address, telephone number and email address;
• a statement by you in which you certify in good faith that the disputed use is not authorized by the copyright, trademark or other intellectual property owner, its agent, or the law; and ;
• a statement by you, made under penalty of perjury, certifying that the above information provided in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf copyright or intellectual property.

Notice of Dispute: If you believe that User Content that has been removed (or access to which has been disabled) is not infringing or you have permission from the copyright owner, its agent, or pursuant to law, to download and use the content of your User Content, you may send a written counter notice containing the following information to the above-mentioned Copyright Officer:

• your handwritten or electronic signature;
• identification of content that has been removed or access to which has been disabled and where the content appeared before it was removed or disabled;
• a statement in which you certify in good faith that the content has been removed or disabled due to mistake or misidentification of the content; and
• your name, address, telephone number, and email address, and a statement accepting service from the person alleging infringement.

If the Copyright Officer receives a counter notice, Saddaka will send a copy of that notice to the original complainant, informing them that Saddaka may reinstate the removed content or reactivate it within 10 business days. Unless the copyright holder takes legal action against the Content Provider, Member or User, deleted content may be reinstated or access reactivated within 10 to 14 business days, or longer, from receipt of the counter notice, at our sole discretion.

Repeat Offender Policy: Consistent with the DMCA, trademark laws, and other applicable laws, Saddaka has implemented a policy of delisting, in special circumstances and at its sole discretion, Users deemed to be repeat infringers. Saddaka may also, in its sole discretion, limit access to or terminate the Services and/or terminate the memberships of any User infringing the intellectual property rights of third parties, whether or not they are repeat infringers.

THIRD-PARTY WEBSITES/SERVICES

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, "Third Party Resources"). Saddaka has no control over such Third Party Resources or the products, services or content made available through or by such Third Party Resources, or the business practices of the third parties that provide such Third Party Resources, and Saddaka is not responsible for or endorses such Third Party Resources or the products, services or content made available through such Third Party Resources. You acknowledge that Saddaka is not responsible for the content, functionality, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Saddaka shall not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of, or credit given to, any content, event, good or service available on or through such Third Party Resources. All transactions between you and third parties using the Services are solely between you and the third party and may be subject to additional terms set by the third party, which you agree to by using such Third Party Resources. For example, if you are using the Platform with your mobile device, and you upload a video to a Fundraiser, that video will be uploaded via YouTube, and subject to the YouTube Terms of Service. Further, you acknowledge that Saddaka is not liable for any damages or claims you may have against such third party.

INDEMNIFICATION AND RELEASE

You agree to hold harmless and indemnify on demand Saddaka and its affiliated companies and their officers, employees, directors and agents, in the event of loss, damage, costs, including attorney's fees within the limits of the reasonable , costs, expenses, damages, fines, indemnities, rights, claims, actions of any kind and bodily injury (including death) arising out of or relating to your use of the Services, a Donation or Fundraising, User Content , your connection to the Services, a breach of these Terms of Service or any third-party rights by you. You agree that Saddaka has the right, in its sole discretion, to mount its own defense to any claim and you will indemnify Saddaka for its defense costs (including, but not limited to attorneys' fees). If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims of which the creditor or the party releasing the release does not know or does not suspect exists in his favor at the time of signing the release, and which, if they had known of it, would have materially affected their settlement with the debtor or the released party. ". If you reside in another state of the United States or in another country, you waive any similar law or doctrine.

DISCLAIMER OF WARRANTY

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SADDAKA AND ITS AFFILIATES EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROPRIETARY AND NON-INFRINGEMENT.

SADDAKA AND ITS AFFILIATES DO NOT WARRANT THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SADDAKA NOR ITS AFFILIATES SHALL BE LIABLE FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (B) LOST PROFITS, (C) LOSS OF GOODWILL; (D) LOSS OF USE; (E) LOSS OR CORRUPTION OF DATA; OR (F) OTHER INTANGIBLE LOSSES (EVEN IF SADDAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING: (I) FROM USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) PROMOTIONS AND ASSOCIATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR UNAUTHORIZED MODIFICATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICES, OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SADDAKA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY OR OTHERWISE) OR BASIS OF ANY LEGAL ACTION WILL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID SADDAKA IN THE LAST SIX (6) MONTHS OR, IF THIS AMOUNT IS HIGHER, ONE HUNDRED DOLLARS (100 $).

SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

DISPUTES

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE READ THIS CLAUSE CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS

Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR DUTIES (REGARDLESS OF WHETHER OR NOT THE DISPUTE INVOLVES A THIRD PARTY) CONCERNING YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ABOUT THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR YOUR RIGHTS TO RESPECT OF PRIVACY AND/OR PROTECTION OF PERSONALITY, WILL BE RESOLVED THROUGH ARBITRATION BINDING INDIVIDUAL AND YOU AND WE HEREBY EXPRESSLY WAIVE ANY JURY TRIAL. IN ARBITRATION PROCEEDINGS, DISCLOSURE AND APPEAL RIGHTS ARE GENERALLY MORE LIMITED THAN IN A TRIAL, AND OTHER RIGHTS YOU AND WE HAVE AT LEGAL MAY NOT APPLY IN ARBITRATION PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WE ARE WAIVING OUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms of Service shall be construed as a waiver, exclusion or limitation of the right of each of us to: (a) bring an individual action in a district court; (b) obtain enforcement action from federal, state, or local authorities, if such action is possible; (c) seek protective measures in court; or (d) bring an action in court for determination of intellectual property infringement.

The procedure. Any arbitration between you and us will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) in accordance with its Arbitration Rules for Consumer Disputes (collectively, the “AAA Rules”) such as modified by these Terms of Use. The AAA Rules and Filing Forms are available online at www.adr.org.

A party wishing to seek arbitration must first send written notice of the dispute to the other party by registered mail or Federal Express (signature required) or, only if the other party has not provided a physical address current, by email ("Notice of Arbitration"). Our current address for notice purposes is: Saddaka Icd, ℅ Legal Department, 855 Jefferson Avenue, PO Box 1329, Redwood City, CA 94063 United States. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific remedy sought (“Claim”). We will cooperate with you and make good faith efforts to directly resolve the claim, but if we are unable to do so within 60 days of receipt of the Notice to Arbitrate, you or we may initiate a arbitration procedure. All arbitration proceedings between the parties will be confidential unless otherwise agreed in writing by the parties. During the arbitration, the amount of any settlement offer made by either of us shall not be disclosed to the arbitrator until the arbitrator has rendered a final award and awarded any amount. . If the arbitrator awards you an amount that exceeds the amount of the last written settlement we offered to settle the dispute prior to award, we will pay you the greater of: (i) the amount awarded by the arbitrator; or (ii) 10,000.00 $.

Costs : If you initiate arbitration pursuant to these Terms of Service, we will refund the filing fee you paid, unless your claim is greater than 10,000 $, in which case payment of the fee will be determined by the AAA rules. Any arbitration hearing will be held at an agreed location in San Francisco, California, but if the claim is 10,000 $ or less, you may decide whether the arbitration will be conducted: (a) solely on the basis of the documents submitted to the referee; (b) by telephone hearing; or (c) by physical hearing in accordance with the AAA Rules of the county of your billing address. If the arbitration finds that your claim or the relief sought in your Application is unfounded or based on improper grounds (as determined based on criteria established by Rule 11(b) Federal Civil Procedure), payment of all fees will then be governed by the AAA Rules. In such case, you agree to reimburse us for all sums already paid by us, the payment of which is your responsibility under the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator must render a reasoned written decision, sufficient to explain the main conclusions on which the award and any amount awarded are based. The arbitrator may make decisions and resolve disputes regarding payment and reimbursement of costs at any time during the proceedings and upon the request of either party made within 14 days of the decision of the arbitrator on the merits.

Class Action Waiver: YOU AND WE AGREE THAT EACH OF US MAY BRING ANY ACTION PERMITTED BY APPLICABLE LAW AGAINST THE OTHER PARTY SOLELY AS INDIVIDUALS, AND NOT AS A PLAINTIFF OR PARTY IN ANY CLASS OR REPRESENTATIVE ACTION. Further, unless otherwise agreed between you and us, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding.

Changes to this Arbitration Clause: If we later make a change to this arbitration clause, other than a change in our address for Notice of Arbitration, you may opt out of the change by sending us written notice within 30 days of the change in our address. for the Notice of Arbitration, in which event your account with us will immediately terminate and this arbitration provision, as in effect immediately prior to the changes you opted out of, will survive.

Applicability: If this "Disputes" clause is declared void, then the entirety of the said clause will be void and, in this case, the parties agree that the exclusive jurisdiction and venue described in the Final Clauses below will govern any action resulting or relating to these Terms of Use.

Privacy : We each agree to keep confidential the arbitration proceedings, all information exchanged between us, and any offer to settle, unless otherwise required by law or requested by the police, court or any public administration. However, we can each inform our respective accountants, auditors and insurers of these matters, in complete confidentiality.

TERMINATION

You agree that Saddaka may, in its sole discretion, suspend or terminate your account (or any part thereof) or your access to the Services, and remove and dispose of any User Content or data at any time and for any reason. either, with or without notice, and without incurring any liability to you or any third party for any claims, damages, costs or losses that may arise therefrom.

DISPUTES WITH USERS

You acknowledge that you are solely responsible for your interactions with any other User within the framework of the Services and Saddaka excludes all responsibility in this regard. Saddaka reserves the right, but has no obligation, to participate in any way in disputes between you and another User of the Services.

FINAL CLAUSES

These Terms of Service constitute the entire agreement between you and Saddaka and govern your use of the Services, and supersede and supersede all prior agreements between you and Saddaka regarding the Services. You may also be subject to additional terms of use that may apply when you use Affiliate or Third-Party Services, Third-Party Content, or Third-Party Software. These Terms of Service shall be governed by the laws of the State of California, without regard to its conflict of law provisions. With respect to any dispute or claim not subject to arbitration, as provided above, you and Saddaka agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Mateo County, California. . Saddaka's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any term of these Terms of Service is declared void by a court of competent jurisdiction or otherwise, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the term, and that the other provisions of these Terms of Service shall remain in full force and effect. You agree that, regardless of any provision of law to the contrary, any claim or cause of action arising out of or relating to the use of the Services or these Terms of Service must be commenced within one (1) year after the of the triggering event, after which it will be prescribed. A printed version of this contract and of any notice in electronic form shall be admissible in any judicial or administrative proceeding based on or related to this contract, to the same extent and subject to the same conditions as those which apply. to other business documents originally generated and maintained in printed form. You may not assign these Terms of Service without Saddaka's prior written consent, but Saddaka may assign or transfer these Terms of Service, in whole or in part, without restriction. If we do not assert our rights, this does not mean that we waive them. The section headings in these Terms of Service are provided for convenience only and have no legal or contractual effect. Notices to you may be sent by email or by post. The Services may also provide you with notices of changes to these Terms of Service or other matters, generally by posting such notices or providing links on the Platform. Saddaka may, at any time, assign its rights or delegate its obligations hereunder without notice to you in connection with any merger, acquisition, reorganization or sale of equity securities or assets, by operation of law or otherwise. Nothing in these Terms of Service prevents Saddaka from complying with the law. Saddaka shall not be liable for any delay or failure to perform resulting from causes beyond its control, including, but not limited to, acts of God, wars or threats of wars, terrorism or threats of terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, regulations or notices of public authorities, recognized health threats, as determined by the World Health Organization, Centers for Disease Control, or public authorities or local health agencies, strikes or shortages or reductions in transportation, fuel, power, labor or parts.

PRIVACY NOTICE

Saddaka respects the privacy of its Users. For more information see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as set out in our Privacy Notice. If you are in Europe, by using the Services, you consent to Saddaka collecting and using personal data as described in the Privacy Notice.