TERMS OF USAGE

XANA, (hereinafter “Service”) which enables event organizers (hereinafter “Organizer”) to arrange professional events (hereinafter “Event” or “Events”) which renders others who use the Service to participate in Events (hereinafter “Attendee”).

Either NOBODERZ FZE or its subsidy XANA (hereinafter together “we” or “Company”) provides the Service to an Organizer. The concluded sales agreement between the Company and the Organizer (hereinafter “Sales Agreement”) determines which entity provides the Service to the Organizer.

NOBODERZ FZE is a company based in Dubai. Its principal office is located at Business Centre, Al Shamookh Building, UAQ Free Trade Zone, Umm Al Quwain, U.A.E.

“Organizer Terms” apply to the legal relationship between Organizer and Company when Organizer uses the Service. When the Attendees use the Service to participate in Events, the legal relationship between them and the Company is governed by the Attendee Terms.

“Attendee Terms” apply to the legal relationship between the Attendee and the Company, when the Attendee uses the Service. When the Organizers use the Service to arrange Events, the legal relationship between them and the Company is governed by the Organizer Terms.

Organizer accepts these Organizer Terms as legally binding (hereinafter “Agreement”) by concluding the Sales Agreement or using the Service. The Attendee accepts these Attendee Terms as legally binding (hereinafter “Agreement”) by registering into the Service or by using the Service. The Agreement is therefore a contract, which creates legally binding terms between Organizer and Company when Organizer uses the Service. Organizer may not use the Service if it does not enter into an Agreement with the Company. Hereinafter the Attendee may also be referred to as the “Attendee”.

I. GENERAL

The Company reserves the right to change the Agreement. The Company shall notify Organizer through email or the Service of such changes. The changes shall take effect 14 days after the notification. By using the Service after the changes, Organizer accepts the changes as legally binding.

Organizer must be legally competent, and a legal entity established according to applicable laws in order to be entitled to use the Service as an Organizer. By creating an account into the Service (hereinafter “Account”) and by using the Service, Organizer warrants that it is legally qualified and entitled to enter into a binding legal relationship with the Company in the form of the Agreement and in compliance with applicable legislation.

Only natural persons may use the Service as Attendees. However, the Service may not be used, and the agreement may not be accepted, if (a) the Attendee is legally incompetent and/or (b) the Attendee is prohibited from using the Service under any applicable law. By creating an account into the Service (hereinafter “Account”) and by using the Service, the Attendee warrants that he/she is legally qualified and entitled to enter into a binding legal relationship with the Company in the form of the Agreement and in compliance with applicable legislation.

II. CREATING AN ACCOUNT

Organizer may create an Account through the Service.

When registering, Organizer must truthfully provide the information required by the Service. The accuracy of the information provided by Organizer can be reviewed by the Company during the registration process.

Organizers are solely responsible for all activities performed through the Account and for the safe use of the password, maintenance, confidentiality and all other such matters in regard to their Account.

If Organizer becomes aware that someone else has used the Organizer’s Account, the Organizer must notify us immediately of the matter through email at.

When registering, the Attendee must truthfully provide the information required by the Service. The accuracy of the information provided by the Organizer can be reviewed by the Company during the registration process.

Attendees are solely responsible for all activities performed through the Account and for the safe use of the password, maintenance, confidentiality and all other such matters in regard to their Account. If the Attendee becomes aware that someone else has used the Attendee’s Account, the Attendee must notify us immediately of the matter through email at.

III. LICENSE AND PROVISION OF EVENTS

Subject to the terms and conditions of this Agreement, we hereby grant Organizer and the Attendee, a personal, revocable, non-exclusive, non-sublicensable, non-assignable and non-transferable license (“License”) to download, install and use the Service in accordance with this Agreement on a mobile telephone, tablet, computer or other device (each, a “Device”) that Organizer and Attendee owns or controls.

Organizer and attendee agree not to, and shall not permit any third party to:

sublicense, redistribute, sell, lease, lend or rent the Service;

reverse engineer, decompile, dissemble, or otherwise attempt to derive the source code for the platform;

copy (except for back-up purposes), modify, adapt, alter, improve or create derivative works of the software or any part thereof;

use the Company’s name, logo or trademarks in any other context except for using the Service without our prior written consent;

use the Service or software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this Agreement; and/or engage in any activity that interferes with or disrupts the Service.

Organizer may use the Service for organizing Events, networking and informing others about the Events it is organizing. Attendee may use the Service to participate in Events organized by the Organizers through the Service.

IV. PAYMENTS

The Company charges no payment from Organizer . However, we may in the future charge a fee for certain features and/or uses.

Attendee have the right to use the Service for free. However, we may in the future charge a fee for certain features and/or uses.

Possible payment information and payment methods will be specified and presented through the Service and the Agreement if payment module is enrolled.

V. RIGHTS AND RESPONSIBILITIES

Organiser

Organizer is responsible for the availability, redemption and marketing of the Events, and the related obligations and responsibilities, such as safety, reliability, accuracy, cancellation of Events, announcement of location or schedule changes and liability for damages, such as Event price refunds or other alternative compensation procedures for Attendees. Organizer shall endeavour to notify the Attendee of any changes and errors in the Events without delay.

Organizer is solely responsible for his/her electronic devices, communication devices and other such devices and matters such as hardware condition, internet connection, antivirus, backup, and other similar issues.

Organizer agrees to use the Service only for the purposes permitted by the Agreement and any applicable laws, regulations or generally accepted policies or guidelines in the relevant jurisdiction.

It is forbidden to choose a username for the Account that violates good practice and/or violates the rights of others. We have the right to delete an Account if Organizer violates this Agreement, law or good practice or has not signed into the Service for 12 months.

Organizer agrees not to take up any actions that disturbs or in any other way hinders the Service or its servers or networks.

The Service may contain links to third party websites. When Organizer visits third party websites, Organizer does so on its own responsibility and risk.

Organizer agrees not to send, transmit or store material through the Service that is in violation of good practice or law. Organizer also agrees not to incite others to engage in any such activities. Furthermore, Organizer agrees not violate anyone’s intellectual property rights through the Service.

The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. Organizer agrees to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company. Organizer agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

If Organizer does not comply with this Agreement, the Company may terminate the Agreement with immediate legal effect, cancel the Account of Organizer and implement any other similar procedure.

Attendees

Attendee is solely responsible for his/her actions in the Events. Attendee must act accordingly, lawfully and truthfully in all Events he/she participates in.

The Attendee is solely responsible for his/her electronic devices, communication devices and other such devices and matters such as hardware condition, internet connection, antivirus, backup, and other similar issues.

The Attendee agrees to use the Service only for the purposes permitted by the Agreement and any applicable laws, regulations or generally accepted policies or guidelines in the relevant jurisdiction.

It is forbidden to choose a username for the Account that violates good practice and/or violates the rights of others. We have the right to delete an Account if a Attendee violates this Agreement, law or good practice or has not signed into the Service for 12 months.

The Attendee agrees not to take up any actions that disturbs or in any other way hinders the Service or its servers or networks.

The Service may contain links to third party websites. When you visit third party websites, you do so on your own responsibility and risk.

The Attendee agrees not to send, transmit or store material through the Service that is in violation of good practice or law. The Attendee also agrees not to incite others to engage in any such activities. Furthermore, the Attendee agrees not violate anyone’s intellectual property rights through the Service.

The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

If the Attendee does not comply with this Agreement, the Company may terminate the Agreement with direct legal effect, cancel the Account of the Attendee and implement any other similar procedure.

When and if the Organizer is joint controller of the Attendee’s personal data with the Company in accordance with the applicable Privacy Notice, the Attendee understands and accepts that if an Organizer transfers the Attendee’s personal data to the Organizer’s sponsors for marketing purposes, the Organizer shall be solely in charge of such personal data transfers and possible latter personal data processing activities. The Attendee understands and accepts that the Company takes no part in those personal data transfers nor any other related personal data processing activities, and therefore the Attendee also understands and accepts that the Company does not act as a controller, a joint controller or a processor for personal data processing activities relating to the personal data transfers between the Organizer and the Organizer’s sponsors. If the Attendee’s rights in relation to personal data are infringed by only one of the joint controllers, the Attendee shall direct all claims to the infringing joint controller.  If the Attendee suffers harm by personal data processing activities of either the Company or the Organizer, the Attendee shall direct all claims to the infringing party.

VI. RIGHTS AND RESPONSIBILITIES OF THE COMPANY

The Company operates only and solely as the administrator of the Service. The Company is not responsible for the availability, redemption, marketing or any related obligations of the Events or liabilities, errors, reliability, damages or any other matters related to the Events. The Company is also not responsible for the use, obstruction or content of the Events, nor for the actions of Organizers or Attendees in the Events or before the Events, or for the activities of Organizers or Attendees in the Service.

Under no circumstances shall the Company be liable for accidents, damages or crimes related to the Service. Under no circumstances shall the Company be liable for any direct or indirect damages in any manner in connection with the Service or the use, information and notices available through the Service. The Company is also not liable for any damages or other disadvantages that may be caused to Organizer or third parties by incorrect or insufficient user information.

The Company is not responsible for any losses arising from the use of the Service. Organizers agree to be solely responsible for any failure to comply with their obligations under this Agreement and for their consequences.

The Company has a right to charge the Organizer for credit card convenience fees when the Organizer pays for the service-related payments with a credit card.

The Company does not express or imply warranties or representations about the operation of features of the Service, and the Company does not promise that the Service will function without interruptions or errors. The Company is not responsible for any damages to Organizer or third parties caused by the use, malfunctions, technical defects or malicious software of the Service or third-party links or any other such causes.

The Company has a right to disable the Service or a part of it due to maintenance, installation, modification, public order and safety, system overload or other similar cause. The Company may terminate (permanently or temporarily) the provision of the Service (or any part of it), either to Organizer or Organizers generally, entirely at the Companies own discretion and without prior notice.

The service is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.

The Service may also enable Organizer to view, access, communicate and interact with third party sources, meaning e.g. third-party websites and services. We do not assume any responsibility for the content, actions or practices of, any such sources. Organizer’s interaction with such a source and Organizer’s use of, and reliance upon, any content provided by such sources is at Organizer’s sole discretion and risk.

The Company is not responsible for the content of the Service or its correctness, except for the content generated by The Company. Thus, the Company is not responsible for e.g. information Organizers or Organizers disclose through the Service.

The Company has the right to remove material (i) that has been denied or reported by the Company in the Service, or (ii) which, according to the Company is unlawful, contrary to good practice or this Agreement, inappropriate or erroneous, or (iii) harmful to the Company, Organizers or third parties. The Company also has the right to remove material from the Service if the material contains any legally questionable or offensive information or content that is inappropriate for the Company.

The Company has the right to use the co-operation between Organizer and the Company in its own marketing and as a reference, in accordance with good practice.

VII. LIMITATION OF LIABILITY

To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors or service providers be liable to Organizer or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, the Company’s liability to Organizer for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Organizer to the Company for the Service within the three (3) months preceding the date of bringing a claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to Organizer.

VIII. INDEMNIFICATION

Organizer agrees to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Organizer’s use of, or inability to use, the Service; (ii) Organizer’s violation of this Agreement; and (iii) Organizer’s violation of any third party right, including without limitation any intellectual property rights or data protection right.

Attendee agrees to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any intellectual property rights or data protection right.

IX. TERM AND TERMINATION

This Agreement enters into force once Organizer accepts this Agreement or uses the Service.

This Agreement is valid for indefinitely. Organizer may terminate this Agreement with immediate effect by email at.  By terminating this Agreement, Organizer is not however exempt from the obligations he/she has undertaken under this Agreement prior to the termination.

Upon the termination of this Agreement, the Company shall close Organizer’s Account and remove any material Organizer has posted through the Service.

The Attendee may terminate this Agreement with immediate effect by email or through the Service. By terminating this Agreement, the Attendee is not however exempt from the obligations he/she has undertaken under this Agreement prior to the termination. Upon the termination of this Agreement, the Company shall close the Attendee’s Account and remove any material the Attendee has posted through the Service if the Attendee can be identified with that material.

X. GOVERNING LAW AND DISPUTES

This Agreement and the relationship between Organizer and the Company shall be governed by and construed and interpreted in accordance with the laws of Dubai and the U.A.E. without regard to its principles and rules on conflict of laws.

XI. MISCELLANEOUS

Organizer does not have the permission to surrender, transfer or sublicense this Agreement unless Organizer obtains prior written consent from the Company. The Company has the unilateral right to assign, transfer or delegate any or all of its rights and obligations under the Agreement.

Organizer agrees that if the Company does not exercise or enforce any legal rights under the Agreement (e.g. the right to compensation), it does not imply that the Company formally waives its rights, nevertheless the Company still has the right to exercise its rights.

Organizer agrees that any cause of action that Organizer may have arising out of or related to this Agreement must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

If, by a court decision, any provision of this Agreement is declared void, then only that invalid provision will be removed from the Agreement, in which case the Agreement will continue to be valid.

The Attendee does not have the permission to surrender, transfer or sublicense this Agreement unless you obtain prior written consent from the Company. The Company has the unilateral right to assign, transfer or delegate any or all of its rights and obligations under the Agreement.

The Attendee agrees that if the Company does not exercise or enforce any legal rights under the Agreement (e.g. the right to compensation), it does not imply that the Company formally waives its rights, nevertheless the Company still has the right to exercise its rights.

The Attendee agrees that any cause of action that you may have arising out of or related to this Agreement must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Sections 4 – 8 and 10 shall prevail and stay in force even after the termination of the Agreement.

XII. USAGE RULES

If you (meaning Organizer) are downloading the software from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the software and the Service (“Usage Rules.”). We specifically refer to the Usage Rules of certain Distributors in the Section 14 below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the software has been downloaded from.

You acknowledge that, prior to downloading the Service from a Distributor or using the Service, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the software and the Service are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Service; if you are unable to make such a representation you are prohibited from installing and/or using the Service. You agree that any right to refund under the Usage Rules shall not apply to Payments you pay for the Service under Section no.4.

XIII. DISTRIBUTOR REQUIREMENTS AND USAGE RULES

If you (meaning Organizer or Attendee) download the Service from the Apple, Inc. (Apple) App Store or Google play store (Google) or the Microsoft or Amazon App store any other relevant  app store then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement, you acknowledge and agree that:

This Agreement is concluded between the Company and you only, and not with Apple, Google or Microsoft. The Company and its licensors, are solely responsible for the software and the content thereof.

Your use of the Service is also subject to the Usage Rules established by all the app stores mentioned above, including those set forth in their respective App Store Terms of Service, effective as of the date that you enter into this Agreement.

The License granted herein is limited to a non-transferable right to use the Service on a device with the compatible operating system. The Device must be owned by you.

The Company is solely responsible for providing any maintenance and support services with respect to the Service, as specified in this Agreement, or as required under applicable law.

The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

The Company is responsible for addressing any product claims you, or any third party, may have relating to the Service or your possession and/or use of the Service;

Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

DATA PROTECTION

Please see the Company’s applicable PRIVACY POLICY. Please see the Company’s applicable Privacy Notice for details about data protection.

For any queries or to terminate this Agreement, please contact us at: [email protected]

For details about how we handle and protect your data, please refer to our Privacy Policy at: https://web.xana.net/privacy-policy/

The service is available on the following platforms: Apple App Store, Google Play Store, Microsoft Store, Amazon App Store. For usage rules and guidelines, please refer to the respective platform’s terms of service.