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This version was last updated in March 10, 2023
PLEASEREAD THESE TERMS AND CONDITIONS (“TERMSOF USE”, “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (SITE).IF YOU USE THIS SITE, IT SHALL DEEM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTEDTHE TERMS OF USE, WHICH SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICYAND WEBSITE DISCLAIMER, VOLUNTARILY AND FREELY CONSENTED AND AGREED TO BE BOUNDBY THESE TERMS OF USE, PRIVACY POLICY AND WEBSITE DISCLAIMER.
THEINFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AND YOU SHOULDREVIEW THESE TERMS OF USE REGULARLY AS YOUR CONTINUED USE OF THE SITE INDICATESAGREEMENT TO ANY SUCH CHANGES.
Introduction.
Thiswebsite https://soft.reelly.io/ , (“Website”, ”Site”, “App”, "Services")is provided by ReellySmart Technology LLC ,a Firm duly incorporated under the laws of the UAE, andhaving its office at 32, Marasi Drive Street Business Bay, Dubai and whose Registration Numberis _______ (hereinafter referred to as “(“REELLY”, “we”, “us”, “our”, “Company”) and these Terms apply to you as a user (“User”, “Member”) of the Site and REELLY /Beehive (you, your), including theproducts, services, tools, and information made available on the Site.
By accessing REELLY, its content, information, products and services (“Materials”), youagree to the following Terms and Conditions (“Terms", “Terms of Use”)These Terms constitute a legal agreement ("Agreement") between youand Reelly SmartTechnology LLC ("we"or “us” or “Website” or “REELLY” or “App” or“Company”). Please read them carefully.
Pleaseread these Terms carefully before using this Site. By using this Site in anycapacity, you agree that: (i) you have read and familiarised yourself withthese Terms; (ii) you understand these Terms; and (iii) you agree to be boundby these Terms when using the Site. If you do not agree to these Terms, youshould immediately stop using this Site. We reserve the right to modify oramend these Terms, the Site or any content on the Site from time to time,including for security, legal or regulatory reasons, or to reflect updates orchanges to the services or functionality of the Site. You are advised to check these Termsperiodically to ensure that you are aware of and are complying with the currentversion. Changes are binding on users of the Site and will take effectimmediately from posting of the revised documentation on the Site. You agree tobe bound by such variation and your continued use of this Site shall constituteyour acceptance of such variation. Wewill indicate on the Site that the Terms have changed. You accept that by doingso, we have provided you with sufficient notice of such change.
By accessing, downloading, using orclicking on “I agree” or “I confirm” to acceptany REELLY Services (as defined below) provided by REELLY (as definedbelow), you agree that you have read, understood and accepted all of the termsand conditions stipulated in these Terms as well as our REELLY PrivacyPolicy.
This Services includes subscriptions that automaticallyrenew. Please read these Terms before starting a trial or completing a purchasefor our auto-renewing subscription Services. To avoid being charged you mustaffirmatively cancel your subscription at least 24 hours before the end of theintroductory offer or then-current subscription plan. Deleting the app does notcancel your subscriptions and trials. We also aim to provide information aboutour subscription policies at or near the point of purchase. Please review thesepolicies prior to making purchases. You may wish to make a printscreen of thisinformation for your reference.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND OTHER SUPPLEMENTALTERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS ANDOTHER SUPPLEMENTAL TERMS, THEN DO NOT ACCESS OR USE THE SERVICES.
1. Acceptance of Terms.
This Terms is an electronic contract (Agreement) thatestablishes the legally binding terms you must accept to use the Service and tobecome a “User”. For purposes of this Agreement, the term “User” means aperson who provides information to the Service or participates in the Servicein any manner, whether such person uses the Service as a free member or asubscriber.
You consent to receive this Agreement in electronic form through theService. To withdraw this consent, you must cease using the Service andterminate your accountб notifying us by email (to support@reelly.io).
2. Eligibility.
Membership in the Service is void where prohibited. Using the mobileapplication and website and the Service, you represent and warrant that allregistration information you submit is truthful and accurate. You represent andwarrant that you are 18 years of age or older and that your use of the Serviceshall not violate any applicable laws or regulations. Your profile may bedeleted without warning if it is found that you are misrepresenting your age.Your Membership is solely for your personal use, and you shall not authorizeothers to use your account, including your profile or email address. You aresolely responsible for all Content published or displayed through your account,including any email messages.
Any use of, registration or access to the REELLY or Services by a personwho does not fulfill the eligibility requirements above is unauthorized,unlicensed, and in violation of these Terms of Service.
3. Membership and Subscription.
The User is granted access to the Services upon registering for theService, which may include introductory offers, additional paid features, andsubscription plans (monthly, annually, or otherwise, depending on the optionyou select at the time of purchase).
Some subscription plans may have differing conditions and limitations,which will be disclosed at your sign-up or in other communications madeavailable to you.
You may register as a User at no cost. As a User, you may use some, butnot all, of the features and services available within the Service. To accessor use additional features and services, you must become a paying subscriber tothe Service. The subscription policies that are disclosed to you when yousubscribe to the Service are a part of this Agreement.
Absent special offers, you acknowledge and agree that if you are not asubscriber, you will not be able to use all the features and services availablewithin the Service.
The Site is free to use. We also offer an optional subscription package.
Subscription Service Conditions.
If you choose to subscribe, simplyselect one of the subscription packages:
A)Reelly StandartSubscribtion (for NOT verified agents and other users) 69.00 USD / month OR (per 28 days).
B) Reelly Pro Subscribtion (forverified agents) $49.00 USD / month OR (per 28 days).
Inaddition to any of the subscription plans, the User can also purchase asubscription to the training part of the Service:
-Reelly Education $49.00 USD / month OR (per 28 days).
Youcan always find a detailed description of the benefits of eachtype of subscription packages on our Website.
Whichever you have selected take anote that the number of offered subscription packages can vary depending on thelocation.
REELLY provides 7 days trial periodonly for subscription plan - Reelly Pro Subscribtion (for verified agents).
Payment will be charged to your App Store/Play Market Account or Creditcard/Paypal account at confirmation of purchase.
Your subscription automaticallyrenews unless auto-renew is turned off at least 24-hours before the end of thecurrent period. Deleting your account on REELLY or deleting REELLY applicationfrom your device does not cancel your subscription. REELLY will withdraw moneyfrom your card until you cancel subscription. Your account will be charged forrenewal within 24-hours prior to the end of the current period. You can manageyour subscription and switch off the auto-renewal by accessing your AccountSettings after purchase.
We always warn you about trial periodlength and you must cancel trial before the end of trial period, in order toavoid automatically charge for subscription fees.
The prices for Services and the amount of Services available throughsubscription services may change from time to time by territory with or withoutclear notice (except where such information is mandatory under applicable law).
We will give you reasonable notice of any such pricing changes byposting the new prices on or through the website and/or by sending you ane-mail notification, or in other prominent way. If you do not wish to pay thenew price, you can cancel the applicable subscription prior to the change goinginto effect.
If you have any questions in relation to the subscription prices,auto-renewal period or price changes, please contact us directly at support@reelly.io.
REELLY reserves the right to chargeadditional fees such as Cancellation fee, Validation fee and Refund fee of$0,50. Please note that an immediate refund will be issued for these charges toyour credit card. You understand that REELLY applies Cancellation fee andRefund fee to prove that cancellation or/and refund is completed successfully.
You agree that from time to timedifferent payment providers may require additional business days to review yourpayment. For this reason, you authorize any transactions which can be delayedaccording to the review process.
Additional terms may apply if youopen a dispute with your payment provider. In case of initiating chargebacks,REELLY may close your account immediately at its own discretion. Please notethat REELLY may be asked by your payment provider to provide additionalinformation while submitting evidence to your bank.
4. Billing and Termination of Subscription
The Company performs the following actions in relation to the Member ofthe Service (regardless of the User subscription type):
a. Company notify User between 2 to 4days before the end of the trial period (If the trial period for subscriptio isoffered), because all subscription plans are automatically renewed;
b. Send confirmation to the User aboutthe type of subscription by email or other electronic means at the time ofenrollment, and provides detailed subscription terms, conditions for the trialperiod (if the trial period if offered) and clear instructions on how to cancelthe subscription;
c. Send an electronic receipt aftereach billing (by email or other electronic means), include clear instructionson how to cancel the subscription;
d. Provide only clear information aboutany type of subscription and collect the User’s acceptance with subscriptionterms.
Clear information refers to the price, period, billing frequency for aparticular type of subscription, the exact terms of the trial period (if thetrial period if offered), and expected payment at the end of the trial period.
You authorize us to store your payment method(s) and automaticallycharge the applicable subscription fees to the payment card that you submit forthe renewal term.
The Company charges the applicable fees to the payment card you submitat the time of purchase (after you confirm by single-touch identification,facial recognition, or entering your payment method details on the web, orotherwise accepting subscription terms provided on the payment screen on ourweb page).
Unless you cancel before the end of the introductory offer, your accessto the Service will automatically continue and you will be automaticallycharged a price for a subscription plan (monthly, annually, or otherwise,depending on the option you select at the time of purchase) without notice. Itis ultimately your responsibility to know when the paid trial subscription willend.
The period of auto-renewal will bethe same as your initial subscription period unless otherwise disclosed to youon the Service. The renewal rate will be no more than the rate for theimmediately prior subscription period, excluding any promotional and discountpricing, unless we notify you of a rate change prior to your auto-renewal.
You must cancel your subscription in accordance with the cancellationprocedures disclosed to you for the particular subscription.
In some cases, your payment date maychange, such as when your payment method fails to settle or when you changeyour subscription plan. To view your next payment date, go to the website andclick on the "Subscription" link on the "Account" page.
A subscription or one-time purchasepaid via PayPal are subject to such PayPal’s refund policies. This means wecannot grant refunds.
The Company may also provide refunds at its own discretion and subjectto Subscription Terms on our websites.
When you make the payment for the subscription services, you acknowledgeand agree that all purchases are non-refundable or exchangeable. Since theService is of a digital nature, we cannot accept any request for refunds andtherefore your right of withdrawal is lost at this point. Notwithstandinganything to the contrary in the foregoing, the Company will provide refundsand/or subscription cancellations in cases and to the extent required bymandatory provisions of the applicable law.
You represent and warrant that: (i) you have the legal right to use anycredit card(s) or other payment method(s) in connection with any Purchase; andthat (ii) the information you supply to us is true, correct and complete. Youexpressly agree that REELLY is not responsible for any loss or damage arisingfrom the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide theinformation to third parties for purposes of facilitating the completion ofPurchases.
We reserve the right to refuse or cancel your order at any time forcertain reasons including but not limited to: product or service availability,errors in the description or price of the product or service, error in yourorder or other reasons. You expressly agree that REELLY cannot accept anyliability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or anunauthorised or illegal transaction is suspected.
If you make a payment for our Services on our website, the details youare asked to submit will be provided directly to our payment provider via asecured connection. The cardholder must retain a copy of transaction recordsand Merchant policies and rules. Multiple transactions may result in multiplepostings to the cardholder’s monthly statement.
We accept payments online using Visaand MasterCard credit/debit card in USD or AED (or any other agreedcurrencies).
REELLY will NOT deal or provide anyservices or products to any of OFAC (Office of Foreign Assets Control)sanctions countries in accordance with the law of UAE.
Additionally, the Company notifies that:
a. This Agreement willremain in full force and effect while you use the Service and/or are a Member.
b. Youmay cancel your membership at any time, for any reason. To cancel thesubscription on your device, open the Apple App Store or Google Play Market dependingon the device your use, find the section "Subscription" and choose tocancel it. If you purchased your subscription using your Credit Card or PayPalpayment system, you can cancel your subscription directly through theapplication account settings in the section “Edit Basic Information”.
c. You may cancel yoursubscription at any time by sending the Company written notice of cancellationby email support@reelly.io. If you cancel your membership via the Service, we may ask you toprovide a reason for your cancellation. If you cancel your subscription, theCompany requires a reasonable amount of time to process the action. If youcancel a subscription, you will enjoy subscription benefits until the end ofyour then-current subscription commitment, following which your subscriptionbenefits will expire. However, in no event will you be eligible for a refund ofany portion of the subscription fees paid for the then-current subscriptioncommitment. If you paid for your subscription using a multi-payment option, youmust make all payments even if you cancel your subscription prior to the end ofyour then existing subscription commitment period.
d. The Company mayterminate or suspend your subscription and/or membership in the Service at anytime without notice if the Company believes that you have breached thisAgreement. Upon such termination or suspension, you will not be entitled to anyrefund of unused subscription fees and, if applicable, all unpaid subscriptionamounts and other fees you owe will immediately be due. The Company is notrequired to disclose, and may be prohibited by law from disclosing, the reasonfor the termination or suspension of your account.
e. After your membership orsubscription is terminated for any reason, all terms of this Agreement survivesuch termination, and continue in full force and effect, except for any termsthat by their nature expire or are fully satisfied.
5. Refunds
Generally, all subscriptions are nonrefundable.
Special terms apply in Arizona, California,Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina,Ohio, Rhode Island, Wisconsin, and the EU, EEA, UK, and Switzerland.
Generally, all purchases are final and nonrefundable, and there are norefunds or credits for partially used periods, except if the laws applicable inyour jurisdiction provide for refunds.
For subscribers residing in the EU, EEA, UK,and Switzerland:
In accordance with local law, you are entitled to a full refund duringthe 14 days after the subscription begins. Please note that this 14-day periodcommences when the subscription starts.
For subscribers residing in Arizona,California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, NorthCarolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel — You may cancel your subscription, without penaltyor obligation, at any time prior to midnight of the third business dayfollowing the date you subscribed. In the event that you die before the end ofyour subscription period, your estate shall be entitled to a refund of thatportion of any payment you had made for your subscription which is allocable tothe period after your death. In the event that you become disabled (such thatyou are unable to use our Services) before the end of your subscription period,you shall be entitled to a refund of that portion of any payment you had madefor your subscription which is allocable to the period after your disability byproviding the Company notice in the same manner as you request a refund asdescribed below.
If you believe that you have moved outside a location where we providethe Services, please contact us in writing delivered to Reelly Smart Technology LLC (32, Marasi Drive Street BusinessBay, Dubai) or by email: support@reelly.io, and we will workwith you to provide alternative services or a refund.
Your refund requests are handled by Company. Please contact Company withyour order number (if applicable), email address or telephone number associatedwith your account by mailing or delivering a signed and dated notice whichstates that you, the buyer, are canceling this Agreement, or words of similareffect. This notice shall be sent to: Reelly Smart Technology LLC (32, Marasi Drive Street BusinessBay, Dubai) or by email: support@reelly.io.
6. Customer Service.
The Company provides assistance and guidancethrough its customer care representatives. When communicating with our customercare representatives (whether over the telephone, or via email or letter), youagree to not be abusive, obscene, profane, offensive, sexist, threatening,harassing, racially offensive, or to not otherwise behave inappropriately.Telephone calls between you and our customer care representatives may berecorded for quality assurance purposes. If we feel that your behavior towardsany of our customer care representatives or other employees is at any timethreatening or offensive, we reserve the right to immediately terminate yourmembership and you will not be entitled to any refund of unused subscriptionfees.
RETENTION OF YOUR DATA
Once a subscription is terminated by you or us,it is archived and the data submitted or created by you is no longer availableto you. We retain it for a period of time consistent with our data retentionpolicy, during which, as a Subscriber, you can reactivate your subscription andonce again access your data by paying the subscription fees. We retain data incase you need it as part of your record retention obligations, but you can getin touch with us to have your data removed completely if you wish.
7. Charges on Your Billing Account.
The Company bills you through an online account(your “Billing Account”) for use of the Service. You agree to pay the Companyall charges at the prices you agreed to for any use of the Service y you orother persons (including your agents) using your Billing Account, and youauthorize the Company to charge your chosen payment provider (your “PaymentMethod”) for the Service. You agree to make payment using that selected PaymentMethod. The Company may correct any billing errors or mistakes that it makes evenif it has already requested or received payment.
The terms of your payment will be based on yourPayment Method and may be determined by agreements between you and thefinancial institution, credit card issuer or other provider of your chosenPayment Method. If you initiate a chargeback or otherwise reverse a paymentmade with your Payment Method, the Company may in its discretion terminate youraccount immediately. If the Company successfully disputes the reversal, and thereversed funds are returned, you are not entitled to a refund or to have youraccount or subscription reinstated.
You must provide current, complete and accurateinformation for your Billing Account. You must promptly update all informationto keep your Billing Account current, complete and accurate (such as a changein billing address, card number or expiration date), and you must promptlynotify the Company if your Payment Method is canceled (including if you loseyour card or it is stolen), or if you become aware of a potential breach ofsecurity (such as an unauthorized disclosure or use of your name or password). Changes to such information can bemade at “Account Settings” on the Service. If you fail to provide theCompany any of the foregoing information, you agree that you are responsiblefor fees accrued under your Billing Account. In addition, you authorize us toobtain updated or replacement expiration dates and card numbers for you creditor debit card as provided by your credit or debit card issuer.
If you reside outside of the UAE or in the UAE,you agree that your payment to Company may be through Reelly Smart Technology LLC., or REELLYTech Ltd (DIFC).
In addition, you authorize us to obtain updatedor replacement expiration dates and card numbers for your credit or debit cardas provided by your credit or debit card issuer. The terms of your payment willbe based on your Payment Method and may be determined by agreements between youand the financial institution, credit card issuer, or other provider of yourchosen Payment Method.
8. INTELLECTUAL PROPERTY.
All intellectual property rights, whether registered or unregistered, inthe Site, information content on the Site and all the website design,including, but not limited to, text, graphics, software, photos, video, music,sound, and their selection and arrangement, and all software compilations,underlying source code and software shall remain our property. The entirecontents of the Site also are protected by copyright as a collective work underUAE copyright laws and international conventions. All rights are reserved.
a) Ownership Rights
This website is the sole and exclusive property of the Company. Companyretains all right, title and interest (including all copyright, trademark,patent, trade secrets, and all other intellectual property rights) in thewebsite. The website is protected by copyright, trademark, patent, tradesecrets, unfair competition, and other laws of worldwide, through theapplication of local laws or international treaties. Any unauthorized use,reproduction or modification of this website may violate such laws.
All right, title and interest in and to the website and the serviceshall remain our property and/or the property of our subsidiaries as the casemaybe.
b) Trademarks
The mark “REELLY” and all other marks that appear, displayed, or used onthe website are registered trademarks or service marks of the owner. Thesemarks may not be copied, downloaded, reproduced, used, modified, or distributedin any way without prior written permission from the owner. Nothing containedon the website should be construed as granting, by implication, estoppel, orotherwise, any license or right to use any trademark displayed on the websitewithout the owner’s written permission. Your misuse of the trademarks displayedon the website is strictly prohibited and the owner will aggressively enforceits trademark rights to the fullest extent of the law.
c) Content
In these Terms “the content” means material (including withoutlimitation text, images, audio material, video material and audio-visualmaterial) submitted to this Website, for whatever purpose.
9. Disclaimers.
1. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDESTHE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTSNO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISEWITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN),INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THECOMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED ORERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BECORRECTED.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITHRESPECT TO ANY DAMAGE TO YOUR DEVICE SYSTEM, INTERNET ACCESS, DOWNLOAD ORDISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROMTHE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OFLIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGHTHE SERVICE.
3. From time to time, the Company may make third party opinions, advice,statements, offers, or other third party information or content availablethrough the Service. All third party content is the responsibility of therespective authors thereof and should not necessarily be relied upon. Suchthird party authors are solely responsible for such content. THE COMPANY DOESNOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTYCONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPTRESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, ORSTATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SERVICE. UNDER NO CIRCUMSTANCESWILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS ORDAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ONTHE SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
4. In addition to the preceding paragraph and other provisions of thisAgreement, any advice that may be posted through the Service is for informationaland entertainment purposes only and is not intended to replace or substitutefor any professional financial, real estate, legal, or other advice. TheCompany makes no representations or warranties and expressly disclaims any andall liability concerning any treatment, action by, or effect on any personfollowing the information offered or provided within or through the Service.
10. Third Party App Store
The following additional terms and conditionsapply to you if you download the App from a Third Party Store. To the extentthat the other terms and conditions of these Terms are less restrictive than,or otherwise conflict with, the terms and conditions of this Section, the morerestrictive or conflicting terms and conditions in this Section will apply, butsolely with respect to the App and the Third Party Store. You acknowledge andagree that:
1. These Terms are concluded solely between youand the Company and not with the providers of the Third Party Store, and theCompany (and not the Third Party Store providers) is solely responsible for theApp and the content thereof. To the extent that these Terms provide for usagerules for the App which are less restrictive or in conflict with the applicableterms of service of the Third Party Store from which you obtain the App, themore restrictive or conflicting term of the Third Party Store will takeprecedence and will apply.
2. The Third Party Store provider has noobligation whatsoever to provide any maintenance and support services withrespect to the App. The Company is solely responsible for any productwarranties, whether express or implied by law, to the extent not effectivelydisclaimed. The Third Party Store provider will have no warranty obligationwhatsoever with respect to the App, and any other claims, losses, liabilities,damages, costs or expenses attributable to any failure to conform to anywarranty will be the sole responsibility of the Company.
3. The Company, not the Third Party Storeprovider, is responsible for addressing any claims you or any third party mayhave relating to the App or your possession and/or use of the App, including,but not limited to: (i) product liability claims; (ii) any claim that the Appfails to conform to any applicable legal or regulatory requirement; (iii)claims arising under consumer protection or similar legislation; and/or (iv)intellectual property infringement claims.
4. The Third Party Store provider and itssubsidiaries are third party beneficiaries of these Terms, and, upon youracceptance of these Terms, the Third Party Store provider from whom youobtained the App will have the right (and will be deemed to have accepted theright) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third PartyStore’s or mobile carrier’s applicable terms and conditions and these Terms,the terms and conditions of the Third Party Store or mobile carrier shallgovern and control. We are not responsible and have no liability whatsoever forthird-party goods or services you obtain through a Third Party Store or mobilecarrier. We encourage you to make whatever investigation you feel necessary orappropriate before proceeding with any online transaction with any of thesethird parties.
11. Limitation ofliability
IN NO EVENT SHALL WE (AND OUR AFFILIATES) BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROMTHESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THEDIGITAL CONTENT) AND PRODUCTS, OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE(INCLUDING THE DIGITAL, CONTENT AND USER CONTENT), AND THIRD PARTY ADS ARE ATYOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGETO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOUFOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, SERVICE ORPRODUCTS, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TOAND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE AREFUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONOR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGALRIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
OR UNENFORCEABLE FOR ANY REASON, THEN OURAGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100)
THE LIMITATION OF LIABILITY HEREIN IS AFUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATIONOF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS ANDYOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS ANDEXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILEDIN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISINGFROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THATCANNOT BE LIMITED BY APPLICABLE LAW
12.THE APP
You may only use the Sites on compatible devicesthat you own or control. If you use the App you must also comply with theterms of use of the Apple App Store, Google Play or any other app store fromwhich you download the App.
In the eventthat our official application (App) is available for download, informationabout this will be available on our website.
The Sites, some of its features andfunctionalities, may not be available on all devices. We do not guarantee thatall or any features or functionalities of the Sites will work on any particulardevice.
There may be updates to the App and you areresponsible for installing updates as prompted by your device or app store. Youmay not be able to access or use the App unless you install updates. Therelevant app store will have no responsibility for providing you with anymaintenance or support services and has no responsibility for any claims by youor third parties in relation to the App.
Depending on your device and/or tariff, and youroperator, you may incur data charges from your operator for downloading the Appand/or using features of the App. You are responsible for all datacharges.
13. PUSH NOTIFICATIONS;LOCATION-BASED FEATURES
We may provide you with emails, text messages,push notifications, alerts and other messages related to the App and/or theServices, such as enhancements, offers, products, events, and other promotions.After downloading the App, you will be asked to accept or deny pushnotifications/alerts. If you deny, you will not receive any pushnotifications/alerts. If you accept, push notifications/alerts will beautomatically sent to you. If you no longer wish to receive pushnotifications/alerts from the App, you may opt out by changing yournotification settings on your mobile device. With respect to other types ofmessaging or communications, such as emails, text messages, etc., you canunsubscribe or opt out by either following the specific instructions includedin such communications, or by emailing us with your request at support@reelly.io.
The App may allow access to or make availableopportunities for you to view certain content and receive other products,services and/or other materials based on your location. To make theseopportunities available to you, the App will determine your location using oneor more reference points, such as GPS, Bluetooth and/or software within yourmobile device. If you have set your mobile device to disable GPS, Bluetooth orother location determining software or do not authorize the App to access yourlocation data, you will not be able to access such location-specific content,products, services and materials. For more about how the App uses and retainsyour information, please read the Privacy Policy.
14. Links.
Advertisements and offers from third parties, aswell as links to other websites or services, can be seen on the Service orprovided by third parties. You acknowledge and agree that the Company is not responsiblefor the content, information, claims, ads, products or services, or otherresources on or accessible from such websites or sources, and that the Companydoes not support and is not accountable for any material, information,statements, ads, products or services, or other materials on or accessible fromsuch websites or sources. Your interactions or business relations with, orinvolvement in promotions of, third parties found on the Service areexclusively to both you and such third party, involving payment and delivery ofcertain goods or services, and all other terms, conditions, assurances, orrepresentations connected with such dealings. You also understand and acceptthat the Company is not responsible, direct or indirect, for any loss or damagecaused or alleged to be caused by or in relation with any such material,documents, statements, ads, products or services, or other materials availableon or via any such website or source.
15. Governing law.
These Terms shall be governed and construed inaccordance with the laws of the United Arab Emirates, without regard to itsconflict of law provisions.
Our failure to enforce any right or provision ofthese Terms will not be considered a waiver of those rights. If any provisionof these Terms is held to be invalid or unenforceable by a court, the remainingprovisions of these Terms will remain in effect. These Terms constitute theentire agreement between us regarding our Service, and supersede and replaceany prior agreements we might have between us regarding the Service.
OR
Parties agreethat the governing law of this Policy or other agreements entered with REELLYis the DIFC law and the Parties submit to the jurisdiction of the DIFC courts,in Dubai, U.A.E.
16. DATA LOSS.
Data loss is an unavoidable risk when using anytechnology. You are responsible for maintaining copies of your data enteredinto our Subscription Services.
17. NO LEGAL, TAX ORFINANCIAL ADVICE.
REELLY is provided on an ‘as is’ basis and allinformation, commentary and other materials displayed on REELLY are intendedfor general information purposes only. Therefore, we disclaim all liability andresponsibility arising as a result of any reliance placed on such information,commentary or other materials contained on REELLY by any visitor to ourwebsite, platform or by anyone who may be informed of any of its content. Inparticular, you agree that:
• weare not providing legal, real estate, financial, tax, or any other advice onREELLY;
• thedocuments provided on REELLY are not bespoke to your specific needs and mayrequire additional legal advice – you should make your own judgment on thesuitability of any such materials and obtain your own legal advice before usingthe documents.
18. Indemnity by You.
You agree to indemnify and hold the Company, itssubsidiaries, and affiliates, and its and their officers, agents, partners andemployees, harmless from any loss, liability, claim, or demand, includingreasonable attorney's fees, made by any third party due to or arising out ofyour breach of or failure to comply with this Agreement (including any breachof your representations and warranties contained herein), any postings orContent you post on the Service or as a result of the Service, and theviolation of any law or regulation by you. The Company reserves the right toassume the exclusive defense and control of any matter otherwise subject toindemnification by you, in which event you will fully cooperate with theCompany in connection therewith.
19. Links to Other WebSites.
Our Service may contain links to third-party websites or services that are not owned or controlled by REELLY.
REELLY has no control over, and assumes noresponsibility for, the content, privacy policies, or practices of any thirdparty web sites or services. You further acknowledge and agree that REELLYshall not be responsible or liable, directly or indirectly, for any damage orloss caused or alleged to be caused by or in connection with use of or relianceon any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms andconditions and privacy policies of any third-party web sites or services thatyou visit.
20. Notice.
The Company may provide you with notices,including those regarding changes to this Agreement, using any reasonable meansnow known or hereafter developed, including by email, regular mail, SMS, MMS,text message or postings on REELLY. Such notices may not be received if youviolate this Agreement by accessing the Service in an unauthorized manner. Youagree that you are deemed to have received any and all notices that would havebeen delivered had you accessed the Service in an authorized manner.
21. Entire Agreement;Other.
This Agreement, with the Privacy Policy and anyspecific guidelines or rules that are separately posted for particular servicesor offers, contains the entire agreement between you and the Company regardingthe use of the Service. If any provision of this Agreement is held invalid, theremainder of this Agreement shall continue in full force and effect. Thefailure of the Company to exercise or enforce any right or provision of thisAgreement shall not constitute a waiver of such right or provision. You agree thatyour online account is non-transferable and all of your rights to your profileor contents within your account terminate upon your death. No agency,partnership, joint venture or employment is created as a result of thisAgreement and you may not make any representations or bind the Company in anymanner.
22. OUR WEBSITE CHANGESREGULARLY.
We aim to update our website regularly and maychange the content at any time. If the need arises, we may suspend access toour website, or close it indefinitely. Any material on our website may be outof date at any given time and we are under no obligation to update it.
We reserve the right, at our sole discretion, tomodify or replace these Terms at any time. If a revision is material we willtry to provide at least 10 days’ notice prior to any new terms taking effect.What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service afterthose revisions become effective, you agree to be bound by the revised terms.If you do not agree to the new terms, you must stop using the service.
23. MiscellaneousProvisions.
Suppose any delay in the service provision willarise in the event out of the Company’s control (unforeseeable circumstances).In that case, the proper notification of users on such will be made as soon aspossible. Adequate notification and minimization effect actions exclude theCompany’s liability for such delays.
Occasional add, change, or removal of theDigital Content feature(s) may occur, and the Company will make all reasonableactions.
We may change all the information provided onthe Service at our sole discretion without notice. We may at any time modify ordiscontinue, temporarily or permanently, the Service (or any part thereof) atour sole discretion with or without notice. You agree that we shall not beliable to you or any third party for any modification, suspension ordiscontinuance of the Service.
24. How to contact us.
Reelly Smart Technology LLC
32, Marasi Drive Street BusinessBay, Dubai
+971 58 593 0745 (WhatsApp)
support@reelly.io