TERMS OF USE
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER CLAUSE BELOW. PLEASE READ CAREFULLY.
Thank you for your interest in DEEN (hereafter also referred to with “us”, “our”, or “we”). DEEN is a not for profit, ad-free, all-purpose, application and service designed to cater to your spiritual needs. The following Terms of Use govern your use of, and participation in, the services provided by DEEN. Please read our Terms of Use carefully before using our application. By accessing or using the services provided by DEEN, you agree to adhere to these Terms of Use. If you do not agree to the following, we regret to inform you that you may not access or use the services provided by DEEN.
Effective Date:
Our Terms & Conditions are effective from 16 April 2022 and apply to the current version of the application you are using. If future application updates need changes to our commitments under these terms, we will notify you in the app to consent to a revised Terms of Use.
Eligibility:
By agreeing to these Terms of Use you acknowledge that you are more than 10 years of age. DEEN does not allow users under the age of 10 to access the application or use the services provided.
Data Collection and Privacy:
We are a privacy-focused application and strongly believe that you are entitled to your private information. DEEN manages data and privacy in the following ways:
Data Managed by the application (“Data Managed”): The application lets you store notes, store favorites, as well as change and set preferences such as language and settings.
Handling of Data Managed: All of the Data Managed in the application - your usage preferences collected by the app, as well as notes you make, or favorites marked, are all stored ONLY on your personal device. That information is never sent to or stored on our servers.
Our servers DO NOT store any personal or personally identifiable information of users.
We DO NOT ask for, or collect any other identifiable information about the user, such as their email, phone number, location or any other meta-data.
We DO collect anonymous information about the usage of the app to improve its functionality. This includes information such as the session duration, technical crashes or issues, and usage patterns such as which features of the app are used more or less often. However, all data is collected anonymously without any personal, or personally identifiable, information stored.
You reserve rights to the notes you create using DEEN. DEEN can neither access nor view the notes you create in the app. In the event that DEEN or any of its services are no longer functioning, it is DEEN’s responsibility to provide a way to export these notes to an external database for you to preserve your right to them.
We DO offer users the option to submit feedback to us that can be used for app improvement. This feedback is collected using two third-party software:
Frill: Their Privacy Policy with regards to their storage of data can be found at https://frill.co/privacy-policy
Instabug: Their Privacy Policy with regards to their storage of data can be found at https://instabug.com/privacy
Regulatory Authority:
DEEN’s parent company, Rayn Holdings Pvt. Limited, is registered in Singapore and as such we diligently adhere to the regulations imposed by the Personal Data Protection Act (PDPA) and regulated by the Personal Data Protection Commission (PDPC) in Singapore with regards to data protection and privacy of our users. All of the above regarding Data Collection and Privacy is valid as of the current version of the application that you are about to use. Future updates may change how we use and store data. In that event, you will be prompted with revised Terms of Use to consent to in order to continue to access or use the services provided by DEEN. If you require any further clarification on our data collection and privacy policies, please do not hesitate to reach out to us on our email: deen@rayn.group
Content Safety:
You agree that DEEN bears no responsibility for the loss of your DEEN content due to malfunction or loss of your device. Additionally, you agree that DEEN bears no responsibility for parties unassociated with DEEN accessing the DEEN content stored in your device.
Content Sharing:
The application allows users to share content on multiple platforms. We urge you to exercise due care and diligence in using this feature as the user is solely responsible for the content shared on other platforms. You agree that DEEN does not bear any responsibility or liability for the content shared by users on other platforms.
Content Sharing:
We hold user feedback in very high regard. You agree that DEEN is permitted to use any feedback generated in the form of comments, ideas, or general information, for updates to the application. Feedback may also be reproduced, edited, or shared with third parties, vendors, or subsidiaries of our parent company to improve the DEEN experience.
Additionally, you agree that you have the right to disclose the feedback, that the feedback does not violate the rights of any other entity, and that your feedback does not contain the confidential information of any third party entity.
This Clause 6. remains valid even after you may have stopped accessing or using the services provided by DEEN.
External Website:
Our application contains links to, and information of, third party websites to enhance your experience using DEEN. You agree that DEEN is neither affiliated with these websites nor bears any responsibility or liability for the third party websites linked in the application. This includes, but is not limited to, the content on the website/application or services offered, their privacy policies, actions taken by their relevant parties, terms of use, et al. In case you wish to contact us regarding any aspect of external websites on the DEEN application, you may reach us directly on our deen@rayn.group
Intellectual Property:
You agree that the original content of DEEN is the sole property of the application. The features, functions, and usability of the application belong to DEEN and are copyrighted and trademarked to DEEN. Additionally, you agree that any attempt to plagiarise or copy any or all parts of the application is a violation of these Terms of Use and may be actionable.
Updates to the Terms of Use:
You agree that DEEN reserves the right to make changes to these Terms of Use. Any changes will be communicated through the application and will mention the date they take effect, unless otherwise indicated in a notice to you, and except as provided in the Arbitration Clause of these Terms of Use. You will be given the opportunity to review the changes before they go into effect.
If you do not agree to, or cannot comply with, the modified Terms of Use, you unfortunately may no longer access or use the services provided by DEEN from the effective date.
Indemnity:
You agree to defend, indemnify, and hold harmless DEEN, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms of Use or arising out of a breach of your obligations, representation and warranties under these Terms of Use.
Disclaimers; No Warranties:
Our Service is provided "as is", and we cannot guarantee that it will be safe and secure or will work perfectly at all times. To the Extent permitted by Law, WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.
Liability:
Except for any liability for personal injury or death caused by our negligence, DEEN shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the application, or any function of the application, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
While we use reasonable efforts to ensure that the application is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the application assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the App or your downloading of any materials, data, text, images, video or audio from the App. Except where required by applicable law, DEEN shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the application.
When the application is used on a mobile device, in order to operate, it will make use of your mobile data connection. You are advised to check charges and terms with your communications service provider if using the application in circumstances where roaming or data charges may apply. We do not receive any commission or other payment or rewards from communications with service providers in respect of the use of the application on devices connected to their network. We are not liable for any data or other charges incurred as a result of your use of the application.
Governing Laws:
These Terms of Use are governed by the laws of Singapore, notwithstanding its conflicts of law principles. Including claims subject to mandatory arbitration, these laws will apply no matter where in the world you live in, but if you live outside Singapore, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration and Class Action Waiver:
PLEASE READ THIS CLAUSE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application
You agree that these Terms of Use are governed by the SIAC Rules 2016 (Singapore International Arbitration Centre) . This Clause 14 is intended to be interpreted broadly and governs any and all disputes between yourself and DEEN, including claims that may arise after the termination of these Terms of Use. Any disputes concerning certain intellectual property may be excluded from arbitration as detailed further in Clause 14 (g) below.
Preliminary Resolution:
You agree that in the event of any dispute between you and Deen, you will first contact Deen and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You may contact us on our email: deen@rayn.group, before taking any action involving a third party. When contacting us, you agree to provide a brief, written description of the dispute and the relevant contact information. Except for intellectual property claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through communication and consultation with DEEN.
Binding Arbitration:
After the informal dispute resolution process and where the parties do not reach an agreed upon solution within a period of sixty (60) days from the time the dispute resolution was put forward as under Clause 14 (b), any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of DEEN’s services and/or products, including the Services, or relating in any way to the communications between you and Deen or any other user of the Services, will be finally resolved by a binding arbitration. This mandatory arbitration agreement applies equally to you and DEEN. However, this arbitration agreement does not
(i) govern any Claim by DEEN for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms of Use or
(ii) bar you from making use of applicable small claims court procedures in appropriate cases.
Arbitrator’s Decision:
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use. The arbitrator's award shall be written and shall be binding on the parties.
Filing a Demand:
To initiate an arbitration, the following process will be followed:
You must write a Notice of Arbitration; a document that includes a description and amount of the claim
You must send a copy of the Notice of Arbitration to DEEN at 68 Circular Road #21-01,049422, Singapore DEEN will provide the details for up to 3 independent arbitrators for the parties to agree on. If no agreement is reached on the appointment of an arbitrator, the parties may mutually agree to approach the courts of Singaporeto assign an arbitrator and take the dispute forward.
Class Action Waiver:
The parties further agree that the arbitration shall be conducted in their respective individual capacities only and not as a representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
Exception: Litigation of Intellectual Property:
Either party may bring forward claims arising from or relating to theft, piracy or unauthorised use of intellectual property to protect its intellectual property rights without having to invoke arbitration. In such cases, due process will be followed according to the governing law
Validity:
This Arbitration and Class Action Waiver Clause shall be valid even after any termination of your use of, or access to, the services provided by DEEN.
Modification and Termination:
Services:
You agree that DEEN reserves the right to modify or terminate, temporarily or permanently, any and all of the services provided by DEEN with or without notice at any time. Additionally, you agree that DEEN may deny you access to any or every part of the services offered by DEEN with or without notice to you.
You further agree that DEEN cannot be held liable for any modification, suspension, or termination of the Services provided by DEEN.
Notice in case of permanent closure of service:
In case DEEN is announcing in the future to permanently close its services or remove the application from general availability, DEEN will notify you with a Notice of at least 30 days, and provide you with a way to export your stored notes from your device.
Duration of Terms of Use:
These Terms of Use are effective until terminated by DEEN with a notice of at least 30 days. This Notice will be communicated through the application.
Each Clause valid beyond the termination of these Terms of Use or your use or access to the services provided by DEEN shall remain valid.
Prohibited Usage:
DEEN looks to foster personal development. The use of the services provided by DEEN for any illegal purpose or any purpose that may be deemed harmful is strongly prohibited.
Contact Information:
Postal Address: 68 Circular Road #21-01,049422, Singapore
Email: deen@rayn.group
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