MUSLIM SURFER 

Terms and conditions / End User License Agreement (EULA)

[Last modified: April 27, 2022]

This End User License Agreement (“EULA”) together with the privacy policies available at: https://muslimsurfer.com/en/privacy-policy (“Privacy Policies”) is made between SULTAN AYAZ WEBFILTERING SASU simplified joint-stock company with a single shareholder (“Company”, “us”, “we” and “our”), the operator of the MUSLIM SURFER apps (“MUSLIM SURFER” or “Product”) and you, a user of MUSLIM SURFER.

Introduction

> By accessing or using the Product, you agree to be bound by this Agreement as well as the Privacy Policies, which are incorporated herein by reference (the “Agreement”). Please do not access or use the Product or Service if you do not agree to the terms of this Agreement (as defined below).

> At any time, we reserve the right to revise or update this Agreement at our discretion. Any material change will take effect five (5) days after the revised terms are posted on the applicable website or notified through the Product. The “Last modified” heading will show the most recent revision. You consent to such changes and agree to be bound by them if you continue to use the Product after that. Please review our EULA as well as our Privacy Policy on a regular basis.

> You represent and warrant that you are over the age of 13 and have the legal capacity to enter into this Agreement. If you are under the age of 18, please read this policy with your parents or legal guardians and ask any questions you may have.

Services Provided

By allowing you to block unwanted content and websites according to your preferences (“Service”), MUSLIM SURFER allows you to create a customized browsing environment.

User and License Restrictions

We hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to download, install, and use the Product and Service on your personal device that you own or control, subject to the terms and conditions of this Agreement. To the fullest extent permitted by applicable laws, we reserve all rights, titles, and interests not expressly granted herein under this License. The License granted to you under the Agreement may not be sublicensed, assigned, or transferred, and any attempt to sublicense, assign, or transfer any part of your rights under the Agreement is void.

Scraping, crawling, data-mining, or using any robot, spider, or other automated device to send queries to the Service or Product are all prohibited methods of accessing the Service or Product. You agree not to interrupt, disable, overburden, damage, modify, or interfere with the Service or the Product in any way, or to otherwise impair or degrade its performance. You agree not to obstruct or interfere with the use of the Service or Product by others. You also agree not to change or tamper with any information or materials found on or associated with the Service or Product.

You agree that you and/or any third party acting on your behalf will not: (i) sublicense, redistribute, sell, lease, lend, or rent the Product; (ii) make the Product available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the Product’s source code; or (iv) copy (except for backup purposes), (vi) remove, alter, or obscure any proprietary notice or identification, including copyright, trademark, patent, or other notices, contained in or displayed on or via the Product; (vii) use the Product’s communications systems to send unauthorized or unsolicited commercial communications; (viii) use our name, logo, or trademarks without our prior written consent; or (ix) use the Product to violate any applicable laws, rules, or regulations, or for any unlawful, fraudulent, or deceptive purpose.

ANY USE OF THE SERVICES OR PRODUCTS NOT EXPRESSLY PERMITTED BY THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE AT THE COMPANY’S SOLE DISCRETION.

Restrictions on Use (Fair Use Terms)

Except as otherwise provided in this license or as permitted by applicable local law, you agree to:

>> not use the software on more than 20 devices. In accordance with the above information, you must contact us if you need more protection.

>> not to duplicate the software or documentation, unless it is incidental to the normal use of the software or is necessary for operational safety or backup;

>> not to give the software (in whole or in part) for rental, lease, sublicense, loan, loaner or otherwise to anyone without our prior written permission;

>> not to permit the software or any portion thereof to be combined with, or incorporated into, other programs, unless absolutely necessary to use the software as permitted by this License; not to merge, adapt, vary, alter or modify the software or Documentation in whole or in part

>> not to transfer, distribute or otherwise make available the software, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code), to anyone without our prior written consent;

>> not to use the software over a communications network, a multi-user network, or on an operating system that allows remote access or shared use of applications;

>> not to connect the Software’s database to any software that is not the Software

>> to comply with all export control and technology control laws and guidelines that apply to the technology used or supported by the Software

>> not to hack or introduce malicious code, such as viruses or harmful data, into the Software or any operating system; not to use the Software in any manner that is unlawful, inconsistent with this License, or for any illegal purpose;

>> not to infringe any of our or any third party’s intellectual property rights in your use of the Software (to the extent that such use is not permitted under this License);

>> not use the software in a way that endangers our systems, compromises our security, or overloads or interferes with other users;

>> not act in an aggressive or threatening manner towards our employees, or harass them in any way

>> not harvest data or information from our systems, and you must not attempt to decode communications to or from the servers hosting the software.

You have our personal permission to use the software in accordance with the terms of this license. The software may not be transferred to a third party, either free of charge or for any consideration. If you sell a computer or other device with software installed, you must uninstall the software before you give the item to the buyer.

Plans for Paid Subscriptions

In addition to free versions of our Product or Service, we may offer paid subscription plans with additional features (“Premium Plans”). Our Premium Plans may have different terms, durations, and prices, as well as a trial period; the applicable terms for each Premium Plan will be disclosed to you before you purchase any of our Premium Plans.

Please visit https://muslimsurfer.com/en/prices/ to learn more about our Premium Plans.

We reserve the right to change our Premium Plans and their associated terms, including prices, at any time; however, once you have purchased a specific Premium Plan, any changes to your existing plan will take effect no sooner than thirty (30) days after we provide you with notice, which may be provided via the email address you provided when purchasing your Premium Plan or via the Product for which you purchased a Premium Plan, as applicable.

We may also offer special promotional offers involving our Premium Plans from time to time. We reserve the right, at our sole discretion, to change or cancel these promotional offers.

If you choose to purchase a Premium Plan, your subscription fees and any other charges you may incur in connection with your use of our Product or Service, such as taxes and/or transaction fees, will be charged to you via the payment method you provided when purchasing your Premium Plan and, depending on the Product for which you purchased a Premium Plan, will be charged through a third-party and subject to the terms and conditions applicable to such third-party. The length of your billing period is determined by the type of subscription you selected when purchasing your Premium Plan. If a payment for your Premium Plan is not successfully settled for any reason and you do not cancel your Premium Plan, we may suspend your Premium Plan access until your payment method is successfully charged.

You may cancel your Premium Plan at any time by following the cancellation instructions in the table below for the Product for which you purchased a Premium Plan. If you have a MUSLIM SURFER user account, you can cancel your Premium Plan at https://muslimsurfer.com/signup. If you choose to cancel, your access to your Premium Plan and any related features will continue until the end of your billing period, as applicable, and then expire. Any subscription fees paid for the purchase of a Premium Plan are non-refundable to the extent permitted by applicable law, and we do not provide refunds for partial subscriptions.

Please keep in mind that we do not see or receive your full payment information at any point, regardless of the payment method used to purchase your Premium Plan, because payments for our Premium Plans are fully processed by the third-parties listed above.

Intellectual Property (I.P.)

All of the Company’s trademarks, service marks, product names, and trade names that appear on or through the Service or the Product are solely owned by the Company. All other trademarks, service marks, product names, copyrights, and logos appearing on or through the Service or Product belong to their respective owners. Without the prior written consent of the owner, you may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service.

The Product and any software component or technology incorporated therein are the sole property of the Company. Unless expressly stated otherwise, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All content included in the Product and Service is the property of the Company or its respective licensors or content suppliers and is protected by copyright laws in FRANCE and around the world.

Disclaimer of Warranties

You expressly agree that your use of the Service or the Product, or your inability to use it, is at your own risk. The Service, Product, and all associated information and materials are provided “AS IS” and “AS AVAILABLE.” The Company makes no assurances or warranties to you or anyone else about the accuracy, comprehensibility, reliability, correctness, or completeness of the Service or Product. The Company and its partners or service providers expressly disclaim any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, title, non-infringement, or fitness for a particular purpose, to the extent permitted by law. The Company makes no warranty, representation, or assurance to you (or any other person or entity) that your use of the Service, the Product, or any results you (or any other person or entity) may obtain from using the Product or Service will be uninterrupted, timely, without delays, secure, or error-free, that any defects will be corrected, or that the Product or Service will meet any third-party expectations. Note that the Product’s Android mobile app version uses Android accessibility services, if you enable them, to enable the Product’s features that block sites and apps according to your preferences without requiring additional navigation, which may be difficult for some users, especially those with mobility disabilities.

Liability Restriction

To the fullest extent permitted by law, in no event shall the Company be liable for special, incidental, consequential, direct, indirect, exemplary, punitive or tort damages, including, but not limited to, damages resulting from loss of use, loss of data, loss of profits, loss of business, or diminution of value arising out of, in connection with, related to or arising in any manner out of the use of, or the inability to use, or any decision or action taken in reliance upon, the Service or Product, and whether based in tort, contract, negligence, strict liability or otherwise, even if we are or have been expressly advised of the possibility of such damages. If you become dissatisfied in any way with the Product or Service, your sole and exclusive remedy is to uninstall the Product. You hereby waive any and all claims against the Company, and its affiliates, agents, representatives and licensors arising out of your use of the Service or Product. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company and its affiliates shall not exceed the lesser of the cost of the Service or the Product.

Indemnification

You agree to hold the Company, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party as a result of or arising out of your access to or use of the Service or the Product, or any matter governed by this Agreement. When using the Service or Product, the user is solely responsible for his or her actions.

Service Interruptions and Termination

You may stop using the Product or related Service at any time by (i) uninstalling the mobile app directly from your device or through the app page on the applicable mobile application store, and (ii) canceling your Premium Plan as described in the “Paid Subscription Plans” section above if you have purchased one. We reserve the right to: You acknowledge that: (i) your access to and use of the Product or Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Product or Service for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall be entitled, without any liability to you, to suspend access to any portion or all of the Product or Service at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Product or Service; or (b) in the event that we determine that the Product or the Service are prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Services Interruptions“). discontinue or modify any aspect of the Product or Service; or (b) terminate this Agreement and your use of the Product or Service with or without cause, and we will not be liable to you or any third party for doing so. The Company accepts no responsibility for, or in connection with, the termination of the Product or Service, or this Agreement.

You acknowledge that: (i) your access to and use of the Product or Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Product or Service for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall be entitled, without any liability to you, to suspend access to any portion or all of the Product or Service at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Product or Service; or (b) in the event that we determine that the Product or the Service are prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Services Interruptions“).

The Product and Service’s availability and functionality are dependent on a number of factors, including third-party software, hardware, and communication networks. These elements are not without flaws. The Company does not guarantee that the Product or Service will be free of errors, interruptions, or disruptions, or that it will always be accessible or available, or that it will be free of errors or unauthorized access. We reserve the right to add new features to the Product and Service, as well as provide updates, upgrades, and programming fixes; however, we are under no obligation to make any subsequent versions of the Product or Service available to you.

Law that governs

Except for disputes involving the Company’s intellectual property (such as any patents (registered or pending), copyrights, trade secrets, designs, or trademarks) (“Excluded Disputes”), you agree that all disputes between you and the Company (whether or not such dispute involves a third party) relating to your relationship with the Company, including without limitation disputes related to this Agreement or rights of privacy or publicity, will be resolved by binding, enforceable arbitration. You can only file claims on your own behalf. For any claims covered by this agreement, neither you nor the Company will participate in a class action or class-wide arbitration. If the Company is a party to the proceeding, you also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s claim. Any court with jurisdiction may enter a judgment on the arbitrator’s award.The arbitrator will not have the authority to award damages, remedies, or awards that are inconsistent with this Agreement, regardless of any other provision of applicable law. Your name and address must be included, as well as a clear statement that you want to opt out of the arbitration agreement. All of the preceding language in this Arbitration section will be null and void if the prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable. This arbitration agreement will remain in effect even if your relationship with the Company comes to an end. You agree to resolve any dispute you have with the Company exclusively in court located in PARIS, FRANCE, for any action at law or in equity relating to the arbitration provision of this Agreement and the Excluded Disputes, or if you opt out of the agreement to arbitrate, and to submit to the personal jurisdiction of the courts located in PARIS, FRANCE for the purpose of litigating all such disputes. Any cause of action you may have relating to the Service is limited to one (1) year from the date of the occurrence, after which it will be permanently barred. The Company’s failure to enforce any rights or to take action against you in the event of a breach of this Agreement shall not be construed as a waiver of those rights or of future actions in the event of future breaches.

Amendments

In its sole discretion, the Company reserves the right to amend, modify, update, or change this Agreement with or without notice to you. Acceptance of such changes is implied by your continued use or access to the Service or Product, or any part thereof. The “Last modified” heading should reflect the date of the most recent amendments.

Agreement in its entirety, Severability, Agency, Assignment, and Headers

This Agreement supersedes any prior agreements between you and the Company. If any part of this Agreement is found to be void and unenforceable, the remainder of the Agreement will remain valid and enforceable in accordance with its terms. This Agreement does not intend or create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. You may not assign or transfer this Agreement or any of its rights or obligations by operation of law or otherwise. The Company expressly reserves the right, at its sole discretion, to assign or transfer this Agreement and to delegate any of its obligations hereunder. Headings are only for convenience and do not limit the scope or extent of the relevant section. The failure of the Company to act in response to a breach by you or others does not waive our right to act in response to subsequent or similar breaches.

Updates and Improvements

We may download and install updates and upgrades automatically from time to time in order to improve and develop the Product and Service. These updates and upgrades are solely for the purpose of improving the Product or Service, providing enhanced functionalities, and/or embedding new modules and versions, and will have no effect on your device. As part of your use of the Product or Service, you agree to receive such updates and upgrades. We will make every effort to notify you if we believe that such updates or upgrades will have a material impact on your use of the Service or Product.

How to contact us ?

If you have any questions about these Terms, please contact us at: info@muslimsurfer.com

Or on our 24/7 chat