Terms and Conditions

Mapped Experiences Terms & Conditions June 1st, 2023

1. Acceptance of terms

Welcome to Mapped Experiences FZE-LLC, the sole legal owner of Mapped and/or its affiliates (“Mapped”, “Mapped App”, “Mapped DXB”, “Mapped Dubai” the “Company,” “we,” “us,” and “our”)! Please carefully read and familiarize yourself with the below Terms of Service. 

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://mappedexperiences.com and our mobile application “Mapped” (together or individually “Services”) operated by Mapped Experiences.

Our Privacy Policy also governs your use of our Services and explains how we collect, safeguard, and disclose information that results from your use of our web pages and mobile app. Please read it here at https://mappedexperiences.com/privacy–policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Services, but please let us know by emailing at info@mappedexperiences.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Services.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

• Tapping Create Account, where it is made available to you by Mapped in the user interface for any particular Services; or
• Using our Services. In this case, you understand and agree that Mapped will deem your use of the Services as acceptance of the Terms from that point onwards.

2. Definitions

User

“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of searching, planning, and discovering an experience (restaurants, hotels, activities) within the Mapped App.

Content

“Content” will include, but not limited to images, photos, location data, nearby places, and all other forms of information or data. “Mapped Content” means content that Mapped Experiences creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services Third Party Content. “Third Party Content” means content that comes from parties other than Mapped Experiences or its users and is available on the Services.

Vendor(s)

“Vendor” means the venues/operators/hotels listed on Mapped.

3. Provision of the services being offered by Mapped Experiences

1. As we are making constant updates and improvements to the app, Mapped Experiences reserves the right to suspend/cancel, or discontinue any or all products or Services at any time on Mapped or any other applications without notice, make modifications and alterations in any or all of its contents, products and services without any prior notice.
2. Vendors may change the monetary value, offerings, availability, percentage of discount given and the duration of the discount period without prior consent to the user. Mapped will take reasonable care to have those changes reflected on the mobile application, but will not be in any ways responsible for any error or delays of the application.
3.  We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
4. You acknowledge and agree that if Mapped Experiences disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
5. By using Mapped Experiences Services you agree to the following disclaimers:

The Content on these Services is for informational purposes only. Mapped Experiences disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Mapped Experiences reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. While Mapped Experiences has carefully selected each restaurant, hotel, and activity, we cannot guarantee the quality of the food and beverages provided, nor the services incurred, the prices listed for restaurant promos, hotels, and activities, etc. at any Vendors. Additionally, Mapped Experiences is not responsible for the quality of the food and beverages provided, the safety of any activities and/or hotels, and the user agrees that Mapped Experiences has no responsibility in case of allergic reaction to items ordered or any harm encountered within hotels or while participating in activities. 

Unless stated otherwise (i.e., images provided by vendor), all pictures and information contained on these Services are believed to be owned by or licensed to Mapped Experiences. Specifically, there are animation artworks embedded into the Mapped Platform attributable to Attalla Digital. Please email a takedown request(by using info@mappedexperiences.com ) if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage/location within Mapped in your request. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission.

4. Prohibited Uses

You may use Services only for lawful purposes and in accordance with Terms. You agree not to use Services:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by us, may harm or offend Company or users of Services or expose them to liability.

Additionally, you agree not to:

1. Use Services in any manner that could disable, overburden, damage, or impair Services or interfere with any other party’s use of Services, including their ability to engage in real time activities through Services.
2. Use any robot, spider, or other automatic device, process, or means to access Services for any purpose, including monitoring or copying any of the material on Services.
3. Use any manual process to monitor or copy any of the material on Services or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Services.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Services, the server on which Services is stored, or any server, computer, or database connected to Services.
7. Attack Services via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify Company rating.
9. Otherwise attempt to interfere with the proper working of Services.
10. You agree to use the data owned by Mapped Experiences (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Mapped Experiences in writing.
11. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Mapped Experiences, unless you have been specifically allowed to do so, by way of a separate agreement with Mapped Experiences. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
12. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
13. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Mapped Experiences Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Mapped Experiences Content or our IP Rights.
14. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

5. Communications

By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@mappedexperiences.com. Please note that you cannot opt out of receiving certain administrative policy, service policy, or legal policy from Mapped Experiences

6. Purchases

If you wish to purchase any product or service made available through Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

7. Subscriptions

Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mapped Experiences cancels it. You may cancel your Subscription renewal either through your mobile app store or by contacting Mapped Experiences via info@mappedexperiences.com.

A valid payment method, including credit/debit card, is required to process the payment for your subscription. You shall provide Mapped Experiences with accurate and complete billing information including full name, address, state, zip code, telephone number, and any valid payment method information. By submitting such payment information, you automatically authorize Mapped Experiences to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Mapped Experiences will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

The total price of your order will be set out on the checkout page on Mapped, including the prices of Items and applicable service fees.

Payment for all Items and deliveries can be made on Mapped by credit or debit card, or other payment method made available by Mapped Experiences. Once your order has been confirmed your credit or debit card will be authorized and the total amount marked for payment. Payment is made directly to Mapped Experiences FZE-LLC.

Mapped Experiences accepts payments on the Mapped mobile app using Visa and MasterCard credit/debit card in AED.

8. Free Trial

Mapped Experiences will offer a Subscription with a two-day free trial for new users only (“Free Trial”).

You will be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Mapped Experiences until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Mapped Experiences reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

9. Fee Changes

Mapped Experiences, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Mapped Experiences will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

10. Refunds

Except when required by law, paid Subscription fees are non-refundable.

11. Ownership and content

Ownership of Mapped Content

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Mapped Experiences Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Mapped Experiences and that you shall not disclose such information without Mapped Experiences’ prior written consent.

You agree to protect Mapped Experiences proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Mapped Experiences own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Mapped Experiences and that you shall not disclose such information without Mapped Experiences’ prior written consent. Unless you have agreed otherwise in writing with Mapped Experiences, nothing in the Terms gives you a right to use any of Mapped Experiences trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Mapped Experiences; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Mapped Experiences Content in whole or in part except as expressly authorized by Mapped Experiences.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Mapped Experiences.

Mapped Experiences has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that mapped experiences shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

12. Content guidelines and privacy policy

Privacy Policy

Our Privacy Policy (www.mappedexperiences.com/privacy-policy) details what information we collect and how we use it. The privacy policy outlines our practices of collecting, using, storing, protecting, and disclosing information which includes all types of information Mapped Experiences may collect from you via our mobile applications, websites and other online services (collectively, referred to as Services). Please note that this policy does not apply to any information that you may have provided to, or that is collected by, any third-party, such as restaurants, hotels, tour operators or other vendors at which you were a customer of. 

Please read this policy carefully to understand Mapped Experiences policies and practices regarding how your information will be handled and processed via Mapped Experiences or other affiliated mobile applications owned by Mapped Experiences. By accessing or using our Services and/or registering for an account with Mapped Experiences, you have agreed to this privacy policy, and you are consenting to Mapped Experiences collection, use, disclosure, retention, and protection of your personal information as described herein. If you are not in agreeance with Mapped Experiences’ privacy policy, please also stop using any of the Services Mapped Experiences provides and delete this mobile application immediately if you do not agree in whole or in part with this policy.

Error Reporting and Feedback

You may provide us directly at info@mappedexperiences.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

13. No use by minors under 13 years of age

Service is intended only for access and use by individuals at least thirteen (13) years old. By accessing or using any of Company, you warrant and represent that you are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are between thirteen (13) and seventeen (17) years old, parents or legal guardians must monitor payment and usage within Mapped Experiences or create an account under their name for users between thirteen (13) and seventeen (17) years old.

14. Accounts

When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit, or cancel orders/accounts in our sole discretion.

15. Intellectual Property

Service and its original content, features and functionality are and will remain the exclusive property of Mapped Experiences. Service is protected by copyright, trademark, and other laws of the United Arab Emirates. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mapped Experiences.

16. Disclaimer of warranties, limitation of liability, and Indemnification

Disclaimer of Warranty

These Services are provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their Services, or the information, content or materials included therein. You expressly agree that your use of these Services, their content, and any Services or items obtained from us is at your sole risk.

Neither Company nor any person associated with Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the Services, their content, or any Services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the Services or any Services or items obtained through the Services will otherwise meet your needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation Of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the Mapped Experiences parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your content, (ii) your unauthorized use of the services, or products or services included or advertised in the services; (iii) your access to and use of the services; (iv) your violation of any rights of another party; or (v) your breach of these terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. General terms

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Mapped Experiences and you shall have no authority to bind Mapped Experiences in any form or manner, whatsoever.

Governing Law

These Terms shall be governed by the laws of Dubai. The Courts of law at Dubai shall have exclusive jurisdiction over any disputes arising under this agreement. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding Services.

For all Users: You must commence any legal action against us within three (3) months after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

Carrier Rates may apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

Linking and Framing:

You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

18. Notice of copyright infringement

Mapped Experiences shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Mapped App Platform, or items advertised on the Mapped App Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

• Identify in writing the copyrighted material that you claim has been infringed upon;
• Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material;
• Include the following statement: “I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law”;
• Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf”;
• Provide your contact information including your address, telephone number, and e-mail address (if available);
• Provide your physical or electronic signature;

Mapped App use of developers trademarks

You hereby grant to Mapped App a nonexclusive, royalty-free, license during the validity of this License Agreement, to use your name and trademarks solely to promote and advertise the relationship between Mapped App and you pursuant to this License Agreement. You understand and agree that Mapped App has no obligation (i) to use your name or trademarks or (ii) to promote you or its services.

Independent Parties

This License Agreement is on a “principal to principal” basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between Mapped App and you and if applicable your representatives and employees or between you and the representatives and employees of Mapped App or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party.

1. Indemnity

You will indemnify and hold harmless Mapped App, its affiliates and network partners, and any of their respective officers, directors, employees and agents from and against any claims, costs, charges, damages, losses and expenses (including reasonable attorneys and consultants fees and expenses) with respect to any third party claim relating to or arising out of: (a) your use of any Licensed Content in a manner inconsistent with the terms of this License Agreement; (b) your breach of this License Agreement, (c) breach of any applicable laws, regulations, or ordinances; (d) the Developer Platform or (e) the Developer Applications. Mapped App will: (i) promptly notify you of such claim (provided, however, that a failure to provide such notice shall not limit your indemnification obligation hereunder except to the extent that you are materially prejudiced thereby) and (ii) permit you to participate in the defense of any such claim at its expense, with counsel reasonably acceptable to Mapped App.

2. Limitation of Liability:

In addition to your liability for breach of the terms of this agreement you shall be liable for breaches of confidentiality, your use of the licensed content, in a manner inconsistent with the terms of this license agreement. Neither party will be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, lost revenue or costs of procurement of substitute goods or services, however caused and under any theory of liability, including but not limited to contract or tort (including product liability, strict liability and negligence), and whether or not such party was or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein. Notwithstanding anything to the contrary herein contained Mapped app’s liability under this licensed agreement shall not exceed usd 500. Further, in no event shall your liability be limited under this licensed agreement. The Parties agree that the mutual agreements made in this Section reflect a reasonable allocation of risk. Any claim arising out of or relating to this License Agreement must be brought by the later of 2 (two) years following the occurrence of the event giving rise to such claim or 1 (one) year following discovery of such claim.

Termination

Mapped App reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API, Licensed Content and/or suspend or terminate your rights under this Licensed Agreement to access, use and/or display (as applicable) the API, and/or any Licensed Content.

1. Any termination of this License Agreement shall also terminate the licenses granted hereunder. Upon termination of this License Agreement for any reason, you will promptly stop all calls to the API and stop using, and either return to Mapped or destroy and remove, all copies of the Licensed Content, Marks, API Key and any Confidential Information in your possession. Upon such termination or early expiration, Mapped App reserves the right to suspend the API key without notice to you.
2. Notwithstanding the above, the provisions of this License Agreement regarding confidentiality and indemnification and all obligations of Parties arising prior to the expiration or termination of this License Agreement shall survive the expiration or termination of this License Agreement.

Governing Law and Jurisdiction

The validity, construction and performance of this License Agreement shall be governed by, and construed and enforced in accordance with, the laws of the UAE, as applied in the Emirate of Dubai. Any dispute will be resolved by the courts of Dubai.

Warranty disclaimer

Mapped app makes no representation or warranty with respect to the Mapped application, the API, the licensed content and Mapped expressly disclaims any and all warranties, whether express, implied or statutory, with respect to Mapped mobile application, the Mapped Experiences site, the API, the licensed content, and the marks, including without limitation any implied warranty of merchantability, infringement or fitness for a particular purpose, or any implied warranty arising from course of performance, course of dealing or usage of trade. Mapped does not warrant that use of the API will be uninterrupted or error-free.

Legal disclaimer

Mapped Experiences does not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

Force Majeure

Any delay in or failure of performance by Mapped under this License Agreement will not be considered a breach of this License Agreement and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, acts of God, power outages, failures of the Internet, failures of banking or any other unforeseeable event.

Legal Compliance

You and Mapped App will each comply with all laws, rules and regulations, if any, applicable in connection the performance of their respective obligations under this License Agreement.

19. Termination of services

We may terminate or suspend your account and bar access to Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Services.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. Changes to services

We reserve the right to withdraw or amend our Services, and any services or material we provide via Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services, to users, including registered users.

21. Amendments to terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of Mapped following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Services.

22. Acknowledgement

BY USING SERVICSE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

23. Contact us

Please send your feedback, comments, requests for technical support:

By email: info@mappedexperiences.com.