1.2 The app allows you to easily interact with other app users around you. Through the app, you can share messages, photos, and videos with other app users in your surroundings. In addition, you can explore and interact with other app users' posts. The services provided in the app consist of interactive functions that give users, in particular, the ability to share content, including, but not limited to, text, photos and videos. Once the content is posted in the app, other users can see your content through their use of the app or on the website. (For more information about the app, please, visit the website).
Some app features can also be accessed via the website (especially viewing another app user's posts without using the app account)
2.1 In order to use the app, you must accept these terms when you first open the app.
By accepting the terms in the application (generally, it will be by clicking a special button), the user makes an offer to enter into the application use contract ("Contract"). Charm accepts this offer from the user, and thus, provides the user with application services in return. However, Charm is not obliged to enter into a contract with the user.
2.2 Only users over the age of 16 can register and use the app, you will be asked to validate your age in the application registration process. If you are under 16 years of age, you are not allowed to use the app. In addition, the use of services is only allowed for: (1) Consumer users, (2) non-commercial purposes.
2.3 Use of the services is for free.
3.1 Upon conclusion of the contract (see section 2.1 above), - in accordance with the restrictions set out in these terms (see sections 4 and 6 below,in particular) - Charm gives you the right to use the application in a limited, non-exclusive, non--transferable and non-sub-licensed manner for the intended purposes of the application and for the duration of the contract and only for the personal and non-commercial use of the application.
3.2 You allow us to use the content you post in the app ("user-generated content") (particularly, intellectual property-protected content) in order to provide you with the application services involved in the application in this context and for these purposes, we are allowed in particular to host, use, distribute, modify, reproduce, publicly view, translate and create works derived from user-generated content such as all these uses together as "rights of use"). The license in the above sentence is granted for us free of charge and in order to provide you with application services.
3.3 We may also use user-generated content on our social media pages (such as Facebook) and/or use it in or (in relation to) other publications to us (such as books) that we may produce and distribute without any other consideration due to you in such cases and for these purposes, we must have the corresponding use rights.
3.4. If sites also provide the user (in the future) and to some extent the possibility of posting content on websites similar to that created by the user (such as "content created by the user of the website"), the granting of the said rights to "Charm" as described in section 3.2 above is applies with the necessary modification to this content created by the site user. If the sites also provide the user (in the future) and to some extent the possibility of posting content created by the user on the web, the granting of the above rights to "Charm" as described in section 3.3 above will be applied with the necessary modification to the resulting content by the user in this site.
4.1 You may use the services provided in the app and on websites only for the intended purposes of these services. Any other use of the services that you are not expressly granted in these terms is either (1) not permitted, or (2) in relation to the application that is not covered by the license granted to you in Section 3.1. In particular, you must comply at all times with the usage restrictions and obligations set out in sections 4.2 to 4.3 and 6.
4.2 The user undertakes not to post all of the following in the app and/or on websites:
Any content that is illegal or against the law.
Content that is defamatory, insulting, obscene, morally offensive, pornographic, discriminatory or racist in nature, constitutes a criminal offence and/or glorifies/ promotes (1) the use of violence and/or (2) terrorism, and/or (3) racism.
Content that contains hate speech or content that harasses or offends other users of the services.
Content containing another person's personal data or otherwise makes another person identifiable and discloses of his personal identity (this also includes the posting of images of another person), unless (1) that other person expressly agrees to such disclosure, or (2) there is a legal provision allowing such disclosure, in such an individual case without the express consent of that other person.
Product advertisements and commercial services that are not supported by us and/or the implementation of any form of structural distribution procedures, advertising and promotion (e.g. multi-level marketing or multi-level network marketing).
Content that spreads corrupted information or outbreaks the latest TV series, movies, podcasts, audio books, books or the like.
Content that violates the intellectual property rights of a third party (such as copyright and trademarks).
Content that reveals the business secrets of third parties (at least if the disclosure of this information is not in accordance with applicable laws).
Content in which you treat other users in an abusive and/or sexually oriented manner.
A series of messages.
We reserve the right to remove content created by the user on the site and/or application that does not comply with any of the rules set out in this section 4.2.
4.3 With regard to the services, the user undertakes not to:
Publish or implement services or attack services and/or other application users in any way (1) data containing viruses, worms, trojans or other malware and/or (2) spam.
Implement any actions that may impair the operating capacity and/or security of Charm's technical infrastructure in relation to services (particularly actions that may overload the said infrastructure) and/or weaken the appearance of services.
Create, build and/or work without explicit written consent for third-party websites (such as fan pages (social media)) and applications and platforms that are entirely or mostly composed of groups of content posted in the app and/or on websites by other users (content posted in the app and/or on websites by other users also "third-party content"; such as third-parties’ websites and applications and platforms “third-party platforms”); if you are interested in running a third-party platform (such as "Charm" or a similar platform fan page), please contact us for approval before you start live broadcasting with a third-party platform because the running of such a platform may result in (in particular) being subject to stop and/or damage claims of third-party users of services and/or "Charm" due to violations such as (1) copyright law and/or (2) illegal competition law.
Help facilitate the operation of third parties to work on the construction and/or creation of third-party platforms without the express written consent of Charm (by providing third-party content to the concerned operators of the third party systems).
Edit, change, translate, reverse-engineer, deconstruct, disassemble, attempt to derive the source code of the application, or create derived works based on the application (except to the extent permitted by the applicable mandatory law for such actions).
try to harm other app users.
harass, intimidate or threaten other app users in any way.
Use automated or self-operating systems and/or software to extract data from services (including third-party content and service contents (see definition below in section 6.1)), especially if this data will be used for commercial purposes and/or posted on third-party platforms.
Help facilitate third-party data extraction from services (including content and contents of third-party services (see definition below in section 6.1)), especially if this data will be used for commercial purposes and/or posted on third-party platforms.
Get access to other users' app accounts without the permission of the app's respective users.
Sell and/or rent and/or hire and/or display products/goods and/or services in any way in the app and/or on the websites "Charm".
5.1 You are responsible for publications created by you or via your device, we cannot guarantee that all third-party content is correct and generally accurate as we do not verify (proactively) whether the content posted by the user (1) is correct and accurate and/or (2) violates applicable laws.
5.2 In order to prevent your device and/or account of your applications being hacked by third parties (for example through malware), you must take all reasonable safety measures, in particular, you must, without undue delay, install the latest updates regarding (1) your device (especially hardware operating system updates), and (2) the application.
5.3 If you become aware of any security vulnerabilities regarding the services or material violations of these terms by other users, we are very grateful and happy if you inform our support team (using the in-app form or the form on websites).
6.1 "Service Content" is our property or licensee's property, and is protected by copyright law and/or trademark law and/or other laws protecting intellectual property ( in other words, these terms apply to all elements of the Services, i.e. data and materials, including images, drawings, illustrations, designs, symbols, personal images, texts and other images, except for user-generated and third-party content).
6.2 Any type of use and/or reproduction of the contents of the Services without our express prior consent is a violation of applicable law and is prohibited under these terms.
7.1. As far as technically and economically reasonable, we strive to provide services at all times. However, we do not assume any guarantee of availability, the use can be temporarily restricted if necessary due to capacity restrictions, safety or system security reasons or due to technical maintenance and in order to provide appropriate and/or better services. In such cases, Charm will take into account the legitimate interests of customers, for example by informing them in advance (if possible).
8.1. "Charm" shall be liable to the user in accordance with the provisions of the applicable product liability laws in cases of intent and gross negligence for injury to life, a limb or health if Charm assumes a guarantee, if any, as well as in all other cases of mandatory legal liability, in each case in accordance with the legal provisions.
8.2 In the event of a breach of substantive contractual obligations (so-called "basic obligations"), Charm is liable to the user for damages. Basic obligations are all obligations that their breach endangers the achievement of contractual purpose, as well as all obligations that allow the appropriate performance of the contract in the first place and compliance on which you can generally rely. However, when a breach of a substantial obligation is only due to minor negligence and does not result in injury to life, limb or health, user claims will be limited to damages in the amount of damage typically expected.
8.3 In all other cases, "Charm" compensation claims - regardless of their legal basis, are particularly for breach of pre-contractual duty or obligations under the contractual relationship between the user and Charm by Charm or its legal representatives, employees or acting agents or upon abandonment of the damage.
8.4 To the extent that Charm's liability is limited or waived in accordance with this Section 8, this also applies to the personal liability of Charm's legal representatives, employees and acting agents.
8.6 The provisions mentioned in section 8 shall not result in any change in the burden of proof at the user's account.
8.7 A user's claims for damages become law prohibited at the expiration of the statutory limitation periods from the legal beginning of these periods.
The user agrees to compensate, defend and protect Charm from any loss, expense, liability, damage or claim (including reasonable attorney's fees) arising from the violation of the user's obligations by the offender user under these terms.
To the extent that the services contain links and references to third parties, particularly third-party sites, we have no influence on the design and current and future content of the linked sites and therefore we are not responsible. Usage of these content provided by third parties is at your own risk. If you find that we have linked or otherwise referred to other sites with illegal or suspicious content, please notify us so that we can delete the link as soon as possible.
Charm may (temporarily) prohibit the user's use of the services, especially in the following cases:
In the case of user abuse or fraudulent use of the Services or if there is a reasonable suspicion of user abuse or fraudulent use of the Services.
If the user does not comply with the substantive terms of these conditions (in particular the provisions in articles 4 and 6 above).
If the application is used on a smart phone and the usage restrictions or security functions provided by the manufacturer have been exceeded or the blocked functions have been activated in any other way;
If Charm has the right to terminate the contract in accordance with section 13 below.
For the duration of the prohibition of the user's use of the app, the license granted to the user in section 3.1 ceases.
13.1 The contract has been concluded for an indefinite period and the contract may be terminated by either party at any time with a two-week deadline, and the contract will be automatically terminated if the user uninstalls the application from his mobile device.
13.2 In addition, the right of the two parties to terminate the contract without notice of a reason is not affected. Charm has the right to terminate the contract for any reason without notice, in particular:
In the event of user abuse or fraud in the use of the Services or if there is a reasonable suspicion of user abuse or fraudulent use of the Services,
If the user does not comply with the substantive terms of these conditions (in particular the provisions in articles 4 and 6 above); and/ or
If the application is used on a smart phone and the usage restrictions or security functions provided by the manufacturer have been exceeded or the blocked functions have been activated in any other way.
For complaints, comments or questions about services, please contact our support team (see contact information on the website or in the app).
15.1 The current version of the terms can be displayed and/or printed and/or downloaded as a pdf document on/from the website.
15.2 Under certain circumstances, Charm may need to change and/or modify these terms (for example, in the case of changes in applicable legislation). In such a case, Charm must notify the user of the corresponding modified conditions in an appropriate form. With regard to the use of the application, this will happen when the user reopens the app. The user will then be asked to agree to the modified terms. If the user does not accept or refuse to accept the modified terms (1), the user has the right to terminate the service without notice of the reason under section 13 above , (2) Charm is entitled to (a) terminate without notice of reason under section 13 above , provided that the corresponding termination appears necessary for "Charm" and does not place the user in a disadvantaged position that is contrary to good faith, and (b) the right to block the user's use of the application in accordance with Section 12 above , provided that the corresponding block is necessary for "Charm" and does not place the user in a disadvantaged position that is contrary to good faith. "Charm" must notify the user again of the possible consequences mentioned above for refusing to accept the modified terms when reporting the user with the relevant modified terms.
15.3 Charm is unwilling and non-binding to participate in dispute resolution procedures.
15.4 Saudi Arabia's laws apply to these terms.
15.5 If the individual provisions in these terms are or become totally or partially invalid, the validity of the remaining provisions will remain unaffected. Incorrect judgment is considered to be replaced by a possible provision that economically reflects the purpose of incorrect judgment. The same applies if the conditions contain any oversight.