User Terms and Conditions
These User Terms and Conditions regulate the relationship between you and Cally Tech LLC-FZ, a limited liability company incorporated under the laws of Meydan Free Zone Authority and registered under formation no. 2422402 and having its place of business at Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates, and cover your use and access to the Platform and/or the Platform Services.
Capitalised terms used in these User Terms and Conditions have the meanings given to them in the definitions section at clause 1 below. These User Terms and Conditions will be binding upon you when you sign up on the Platform, click “Accept” and proceed to use the Platform.
If you are a minor, you must have your parent or legal guardian read and agree to these User Terms and Conditions prior to you using or accessing the Platform or Platform Services. Please have them read these User Terms and Conditions with you.
By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these User Terms and Conditions, as amended from time to time. These User Terms and Conditions are applicable to all Users of the Platform. If you do not agree with these User Terms and Conditions, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party, you warrant that you are authorized and have the authority to bind that third party to these User Terms and Conditions.
1. Definitions
The following terms are used throughout these User Terms and Conditions and have specific meanings.
a. “Account” means the account that the Users are required to register through the Platform to use the Platform Services;
b. “Agreement” and “User Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other Cally rules, policies available on the Platform (including but not limited to the Privacy Policy, guidelines and procedures that may be published from time to time on the Platform);
c. “Business Day” means a day on which banks in the UAE are open for business (excluding Saturdays, Sundays and public holidays);
d. “Cally”, “we” and “us” collectively mean Cally Tech LLC-FZ;
e. “Caregiver” means an individual employed by a Parent who has been added or invited to join that Parent’s Family Group;
f. “Child” means a person who has been added or invited by his/her Parent to participate in the Family Group and “Children” shall be interpreted accordingly;
g. “Content” means any content submitted, generated, featured, displayed through the Platform, including but not limited to, any User Profile, any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform. Content includes, without limitation, User Content and Cally’ Content;
h. “Family Group” means a group of Users, including the Parents, Children, Caregivers and any other person that may be added, who are linked within the Platform to collectively access the Platform Services;
b. “Business Day” means a day on which banks in the UAE are open for business (excluding Saturdays, Sundays and public holidays);
b. “Business Day” means a day on which banks in the UAE are open for business (excluding Saturdays, Sundays and public holidays);
b. “Business Day” means a day on which banks in the UAE are open for business (excluding Saturdays, Sundays and public holidays);
These User Terms and Conditions regulate the relationship between you and Cally Tech LLC-FZ, a limited liability company incorporated under the laws of Meydan Free Zone Authority and registered under formation no. 2422402 and having its place of business at Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates, and cover your use and access to the Platform and/or the Platform Services. Capitalised terms used in these User Terms and Conditions have the meanings given to them in the definitions section at clause 1 below. These User Terms and Conditions will be binding upon you when you sign up on the Platform, click “Accept” and proceed to use the Platform. If you are a minor, you must have your parent or legal guardian read and agree to these User Terms and Conditions prior to you using or accessing the Platform or Platform Services. Please have them read these User Terms and Conditions with you. By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these User Terms and Conditions, as amended from time to time. These User Terms and Conditions are applicable to all Users of the Platform. If you do not agree with these User Terms and Conditions, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party, you warrant that you are authorized and have the authority to bind that third party to these User Terms and Conditions. 1. Definitions The following terms are used throughout these User Terms and Conditions and have specific meanings. a. “Account” means the account that the Users are required to register through the Platform to use the Platform Services; b. “Agreement” and “User Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other Cally rules, policies available on the Platform (including but not limited to the Privacy Policy, guidelines and procedures that may be published from time to time on the Platform); c. “Business Day” means a day on which banks in the UAE are open for business (excluding Saturdays, Sundays and public holidays); d. “Cally”, “we” and “us” collectively mean Cally Tech LLC-FZ; e. “Caregiver” means an individual employed by a Parent who has been added or invited to join that Parent’s Family Group; f. “Child” means a person who has been added or invited by his/her Parent to participate in the Family Group and “Children” shall be interpreted accordingly; g. “Content” means any content submitted, generated, featured, displayed through the Platform, including but not limited to, any User Profile, any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform. Content includes, without limitation, User Content and Cally’ Content; h. “Family Group” means a group of Users, including the Parents, Children, Caregivers and any other person that may be added, who are linked within the Platform to collectively access the Platform Services; i. “Fees” means the fees payable for use of the Platform Services as set out in the relevant Order Form; j. “Member” means any member of a Family Group; k. “Order Form” means each order form issued to a Subscriber by Cally that sets out the subscription details, including subscription period and the Fees; l. “Parent” means a person who has legal parental authority over, or legal responsibility for, a Child and who has registered with the Platform and/or entered into an Order Form; m. “Payment Method” means a valid, current and accepted method of payment selected by a Subscriber to pay the amounts due to Cally under these User Terms and Conditions, including credit card, debit card, or bank transfer (to the extent made available by Cally); n. “Platform” means any online tool provided, processed and/or maintained by Cally (including, but not limited to, all subpages and subdomains, all content, Platform Services and products available at or through Cally’s website located at www.getcally.com and its mobile application, and/or any other related domain offering access to, or facilitating the provision of, the Platform Services); o. “Platform Services” means the services provided to Users by Cally under these User Terms and Conditions; p. "Privacy Policy” means Cally’s privacy practices in relation to the use of the Platform, which is available at www.getcally.com; q. “Service Provider” means a person or company that provides Service Provider Services to the Users; r. “Service Provider Services” means the provision of various family-oriented services, products or goods offered by Service Providers to Users from time to time; s. “Service Provider Terms” means the terms and conditions that govern the provision of the Service Provider Services; t. “Subscriber” means a Parent who entered into an Order Form to enable their Family Group to use the Platform Services; u. “Third-Party Content” means any content that belongs to or originates from parties other than Cally and Users; v. “User”, “you” and “your” collectively mean the person that uses or interacts with the Platform and/or any Platform Services. A User may be, without limitation, a Parent, Child, Caregiver, all or none of them; and w. “User Content” means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by a User through the Platform Services. 2. Access to Platform and Use of Platform Services 2.1 Through the Platform Services, Parents may be able to:
  • Create and manage Accounts and set permissions for such Accounts;
  • Access, manage and customize the shared family calendar and Member schedules;
  • Create, assign and manage tasks and chores for Members;
  • Send reminders and notifications and view task completion status;
  • Create and share plans and lists (e.g. for meals or shopping); and
  • Connect with other Family Groups.
2.2 Through the Platform Services, Children may be able to:
  • Access to the shared family calendar and Member schedules;
  • Access to assigned chores and tasks;
  • Access to a gamified task tracking system; and
  • Receive reminders and notifications.
2.3 Through the Platform Services, Caregivers may be able to:
  • Access to the shared family calendar and Member schedules;
  • Access to assigned tasks and events;
  • View plans and lists; and
  • Receive reminders and notifications.
2.4 Based on Users’ interactions with the Platform, the Platform may from time to time suggest certain Service Provider Services to Users. Users may be able to connect and purchase services, goods or products from Service Providers on or through the Platform. Each User agrees and acknowledges that Cally does not provide, manage, or control any of Service Provider Services and that the performance, delivery and quality of any Service Provider Services are the sole responsibility of the relevant Service Provider. Users may be required to accept the Service Provider Terms (which is a contractual relationship between the User and the Service Provider) in order to benefit from the Service Provider Services. Each User acknowledges and agrees that Cally is not a party to any transaction between a User and a Service Provider and shall not be responsible for performing any obligations under any such Service Provider Terms. For the avoidance of doubt, in the event of a conflict between these User Terms and Conditions and any Service Provider Terms as between Cally and a User, these User Terms and Conditions will prevail. 3. Changes to the User Terms and Conditions 3.1 You agree that Cally may amend these User Terms and Conditions from time to time, and in Cally’s sole discretion. Although Cally will use its best endeavors to notify you of any amendment to these User Terms and Conditions, Cally will not be required to provide you with prior notification of such amendments or changes to these User Terms and Conditions. 3.2 Upon any amendment or change to these User Terms and Conditions, Cally will publish the amended User Terms and Conditions on a dedicated link available at the Platform. Your continued use of the Platform and/or the Platform Services after the publication date of a revised version of these User Terms and Conditions constitutes your acceptance of the amended terms. 3.3 If you do not agree to our User Terms and Conditions, as updated from time to time, you undertake to cease using our Platform and/or Platform Services immediately. 4. Account Registration and Access General 4.1 In order to use certain Platform Services, Users will be required to create a personalized Account. Each Account should have a unique username and a password. Cally reserves the right to require additional information from a User to create an Account. 4.2 Each User is responsible for maintaining the security of their Account, for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify Cally immediately of any unauthorized use of the Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. Cally is authorized to act on instructions received through use of your Account or registration, and is not liable for any loss or damage arising from your failure to comply with this clause 4. 4.3 Your Account, including any information pertaining to it is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account. 4.4 We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Platform that violates these User Terms and Conditions. 4.5 We reserve the right to require you to install and/or update any and all software updates to continue using the Platform Services. Failure to complete any such installations or updates may result in access to the Platform, any Platform Services and/or any Account being reduced, restricted or removed. Specific User Accounts 4.6 To create an Account, each Parent is required to provide their first name, last name, email address, phone number, profile picture, User designation and calendar information (or a link to synch the calendar) and any other information as the Platform may reasonably require. 4.7 Parents may directly create Accounts for Children and Caregivers or invite them to the Platform to create their own Accounts. Information, including first name, last name, profile picture, email address, User designation, may be required to create Accounts for Children and Caregivers. 4.8 Parents are considered administrators of their Family Group, responsible for managing and overseeing the Accounts within that group. This includes, without limitation, inviting Members to access and use the Platform Services, revoking access for Members, managing Members’ use of the Account and/or Platform, and setting specific permissions and access rights for each Member. 4.9 Each Parent acknowledges and agrees that they are responsible for inviting Members and managing the permissions granted to them. The Parents must ensure that all Members' use of the Platform Services complies with these User Terms and Conditions. If you are a Parent and you allow your minor Children to use the Platform, you are responsible for their activity on the Platform. 5. Subscription and fees 5.1 Cally may offer a number of subscription plans, and each subscription plan may have different features, entitlements, conditions and limitations as displayed on the Platform. You can find specific details regarding our subscription plans by visiting www.getcally.com. 5.2 To use, and enable his/her Family Group to use, the Platform Services, each Subscriber must provide Cally with a Payment Method and pay the Fees in accordance with the Order Form. 5.3 The Fees that the Subscriber may incur in connection with their use of the Platform Services, such as subscription fees, taxes and possible transaction fees, will automatically be charged to the Subscriber’s Payment Method each billing period (whether weekly, monthly, annually, or another period) in accordance with the Order Form. Unless and until the Subscriber cancels their subscription in accordance with clause 6, the Subscriber hereby authorizes Cally to automatically charge the Fees for each billing cycle to their Payment Method in accordance with the Order Form without the need for any notice to or additional consent from the Subscriber. 5.4 The length of the billing cycle will depend on the type of subscription plan that the Subscriber chooses. 5.5 If applicable, Members may receive access to the subscription benefits at no charge for a specified trial period, after which the Subscriber will be charged based on the chosen subscription plan until the Subscriber changes or cancels their subscription in accordance with these User Terms and Conditions. To avoid being charged, the Subscriber must cancel the subscription before the end of the trial period. Once the Subscriber cancels the trial, all Members (including the Subscriber) will immediately lose access to the Platform Services (unless otherwise agreed in writing with Cally). Access to such trial periods may be limited to a certain number of trials for each User during a given period, or other restrictions. 5.6 The Subscriber must update their Account with all changes to their Payment Method by logging into their Account. If a Subscriber does not update their Account with changes to their Payment Method and Cally is unable to charge their Payment Method for any due amounts, Cally may suspend the Subscriber’s and associated Members’ accesses to the Platform and the Platform Services. For the avoidance of doubt, the Subscriber shall remain liable for any uncollected amounts. 5.7 The Subscriber agrees not to use an invalid or unauthorized Payment Method on the Platform. The Subscriber shall be responsible for ensuring that they have sufficient funds available via their Payment Method to settle any applicable Fees. If a Subscriber’s Payment Method fails and the Subscriber still gets access to the Platform Services, the Subscriber agrees to pay Cally the corresponding Fees within 3 days of notification from Cally. 5.8 Payments of the Fees may be processed by a third party payment gateway provider through the Platform. When accessing such payment gateway, we encourage you to read the terms of use and privacy policy of such payment gateway. We are not responsible for the services or security of such gateway, nor their terms of use or privacy policies. 5.9 We may change our subscription plans and the price of our Platform Services from time to time at our sole discretion. We will notify the Subscriber at least one month before any price changes or changes to the Subscriber’s subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rates. 6. Cancellation 6.1 The Subscriber can cancel their subscription at any time before the end of the applicable billing period, and they will continue to have access to the Platform Services through the end of their applicable billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods or unused Platform Services. 6.2 To cancel the subscription, the Subscriber can follow the instructions on the Settings page of the Platform. 7. User Conduct Rules and Restrictions 7.1 Subject to the User’s compliance with these User Terms and Conditions and the Subscriber’s payment of the Fees, Cally grants each User a limited, non-exclusive, non-transferable license to access and view Content on the Platform and avail the Platform Services. 7.2 Users shall not rent, sell, sublicense, lend or in any manner allow any other party to use the Platform Services availed by them, whether with or without consideration. 7.3 Users agree that they will not, under any circumstances, transmit any Content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, anti-national, anti-governmental, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Platform or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Cally and/or any third party; (vi) infringes on any proprietary right of Cally and/or any third party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of Cally’ employees or representatives; or (viii) violates the privacy of Cally and/or any third party. 7.4 Users shall not (i) except to the extent expressly permitted under these Users Terms and Conditions, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the Platform in any form or media or by any means; (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceptible form all or any part of the Platform; (iii) access all or any part of the Platform in order to build a product or service which competes with any of the Platform; (iv) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third-party; (v) use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download any Content; or (vi) attempt to obtain, or assist third-parties in obtaining, access to the Platform, other than as expressly provided for in these User Terms and Conditions. 7.5 Users undertake to treat the Service Providers respectfully and use their best endeavors to ensure that any interaction with the Service Providers, whether on or outside the Platform, is conducted in a professional manner. 7.6 By accessing and/or using the Platform and/or the Platform Services, Users represent and warrant that: (i) they have the authority to validly enter into and/or be bound by these User Terms and Conditions; (ii) their use of the Platform Services will be solely for lawful purposes that are permitted by these User Terms and Conditions; (iii) their use of the Platform Services will comply with all applicable local and federal laws, rules, and regulations, and with all of Cally policies; as amended from time to time. 7.7 Cally has the right to, in its sole discretion, determine whether or not any User conduct is appropriate and complies with these User Terms and Conditions. You agree that Cally has the right to terminate or deny access to your use of any Platform Services for any reason, with or without prior notice. 7.8 Cally may impose such additional restrictions on the use of the Platform Services by Users as it deems fit in its sole discretion and may, temporarily and with or without notice, restrict the availability of the Platform or certain features thereof to conduct maintenance measures that ensure the proper or improved functioning of the Platform. 8. Third-Party Links and Content 8.1 As part of the Platform Services, Cally may provide you with convenient links to third-party platform(s) (including links to Service Providers’ platforms) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and Cally has no control over third-party platforms or the content or the promotions, materials, information, goods or services available on them. Cally is not responsible for any Third-Party Content accessed through our Platform, or products or services offered at such third-party platforms accessed through our Platform. If you decide to leave the Platform and access Third-Party Content, you do so at your own risk and you should be aware that our User Terms and Conditions and other policies no longer govern. 8.2 For avoidance of doubt, these User Terms and Conditions do not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content. 9. Content 9.1 We are not responsible for any display or misuse of your User Content. You are solely responsible for the content of, and any harm resulting from, any User Content that you submit, post, upload, link to or otherwise make available on the Platform while using the Platform Services. 9.2 From time to time, Cally may allow Users to rate and/or submit reviews about their experience with the Platform and/or the Service Providers; these reviews do not constitute a guarantee, warranty, or prediction regarding the Platform, Service Providers or any services or the outcome of any future services offered by the Platform or Service Providers. Cally shall be under no obligation to display such reviews/ratings and may remove such reviews/rating or publish extracts of such reviews at any time at its sole discretion. Cally will have no responsibility or liability of any kind for any rating or review you encounter on or through the Platform, and any use of or reliance on such rating or review is solely at your own risk. 9.3 All Content posted on the Platform, such as blog posts, is provided for information purposes only, with no assurance that such Content is true, correct, or accurate. 9.4 Users understand that the Platform Services may contain message boards, chat rooms, profiles, and other interactive features that allow Users to post, submit, publish, display and/or transmit User Content to, and otherwise interact with, Cally, other Users or third parties.  Cally may (but is not obliged to) monitor or moderate such User Content. Any User Content that User posts on a page which is publicly available on the Platform will be considered non-confidential and non-proprietary. 9.5 Users represent and warrant that they have the right to post all User Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to User Content (if applicable), and have made all disclosures to, and obtained all permissions and/or approvals from, each applicable data source as may be necessary or required to display, post or transmit such User Content through the Platform. 9.6 Users agree and acknowledge that Cally has the right to, in its sole discretion, access, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these User Terms and Conditions, or refuse or remove any User Content that, in Cally’ reasonable opinion, violates any Cally policy or is in any way harmful, inappropriate, or objectionable. You further agree that Cally has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform. 9.7 Except for Content that originates from Cally, Cally does not claim ownership of any Content that you post, upload or link to the Platform. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation information, photos, videos, and reviews via the Platform or any feedback related to the Platform, you however expressly grant Cally a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, publish, reproduce, display, modify, adapt, and distribute such Content in connection with Cally’ business and marketing purposes. 10. Intellectual Property 10.1 Cally retains ownership of all intellectual property rights of any kind related to Cally’s Content, the Platform and the Platform Services, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Platform Services may be the trademarks of other third parties. These User Terms and Conditions do not transfer from us to you any Cally or third-party intellectual property, and all right, title, and interest in and to such intellectual property will remain (as between the parties) solely with us. Cally reserves all rights that are not expressly granted to you under these User Terms and Conditions. 10.2 Specifically, the word ‘Cally’, is a trademark of Cally and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Cally. 10.3 If you believe that any material located on or linked to the Platform violates your copyright or other intellectual property rights, please notify us at help@getcally.com. 11. Email Communications 11.1 We use email and electronic means to stay in touch with our Users. You agree and understand that Cally may send you emails about present and future Platform Services. Users may opt out of non-essential communications, as determined by Cally, by managing their account or writing to Cally requesting removal from non-essential mailing lists. 11.2 For contractual purposes, Users (i) consent to receive communications from Cally in an electronic form via the email address they have provided or via the Platform; and (ii) agree that all User Terms and Conditions, agreements, notices, disclosures, and other communications that Cally provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clauses 11.2(i) and 11.2(ii), the Users undertake to comply with clause 15.5 for any notification purposes. 12. Termination 12.1 If you wish to close your Account or terminate this Agreement, you may do so by following the instructions on the Settings page of the Platform. Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties hereto that have accrued up to the date of termination. 12.2 All provisions of these User Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 13. Disclaimer of Warranties 13.1 The Platform and Platform Services are provided on an “AS IS” basis. Cally makes no representation or warranty that the information/Content we provide through the Platform or that is provided through the Platform Services by a User is accurate, reliable or correct; that the Platform Services will meet your requirements; that the Platform or Platform Services will be available at any particular time; that the Platform or Platform Services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Platform or Platform Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Platform and Platform Services. 13.2 Call acts as a facilitator between the Users and Service Providers and does not act as an agent of any of the parties. Accordingly, we have no control over, do not endorse or warrant the conduct, performance, delivery, quality, qualification, legality or suitability of any Service Provider or Service Provider Services. The Users acknowledge and agree that the provision of any Service Provider Services shall at all times be subject to the respective Service Provider Terms. Y=13.3 You are solely responsible for all of your communications and interactions with other Users and with other third parties (including Service Providers) with whom you communicate or interact as a result of your use of the Platform Services. While using the Platform and/or availing the Platform Services, you should use your best judgment and exercise caution where appropriate. 14. Release and Indemnification 14.1 Users agree to indemnify and hold harmless Cally, upon first written demand, from and against any and all claims, demands, actions, losses (including loss of profits and business), damages, assessments, charges, third party liabilities, costs and expenses (including legal costs, penalties, fines and interest), whether direct or indirect, which may arise as a result of or in connection with: (i) the Users’ use of the Platform and the Platform Services or any violation of these User Terms and Conditions; (ii) errors, mistakes, violations or inaccuracies of the User’s Content, and/or information available on or through the Platform; (iii) any bugs, viruses, trojan horses, or the like, which may be transmitted by the User; or (iv) any dispute, conflict or disagreement between the User and other Users or a third party (including Service Providers) in connection with or as result of use of any Platform Services. 14.2 You agree that Cally has no liability or responsibility whatsoever, whether direct or indirect, whether in law or in equity, in any jurisdiction, arising out of or in connection with any services offered by Service Providers, and you hereby irrevocably and unconditionally release and discharge Cally from any and all claims, demands, liabilities and damages (actual and consequential) or losses of every kind and nature in this regard. 14.3 Users agree that in no event will Cally be liable, responsible or otherwise, to you or to any third parties for any claims, demands, damages or losses (including loss of profit, business or opportunity), costs or expenses that may arise out of or in connection with: (i) the failure, interruption or disruption to or of the Platform Services, regardless of whether the service is provided by the Platform or a third party; (ii) the Platform and/or the Platform Services; (iii) errors, mistakes, or inaccuracies of any Content, Cally’s Content and/or information available on or through the Platform; (iv) any unauthorized access to or use of Cally’s servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Cally’s servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (v) any failure or delay in the execution of any transactions through the Platform and/or the Platform Services; (vi) any dispute, conflict or disagreement between the Users or between a User and third parties (including Service Providers) in connection with or as a result of use of any Platform Services; (vii) any loss of profits, any injury or accident or physical or property damage or otherwise that may occur to a User as a result of User’s use of any Platform Services. The provisions of this clause 14.3 shall apply, to the maximum extent permitted by law, regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort or extra-contractual liability or otherwise. In the event that any part of this clause is held to violate any applicable law, then Cally’s liability shall be excluded and/or limited to the maximum extent permitted by that law. 15. Miscellaneous 15.1 Governing Law: This Agreement between you and Cally and any access to or use of the Platform and/or the Platform Services are governed by the laws of the United Arab Emirates. Any dispute which may arise between a User and Cally pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which Courts of Dubai shall be the competent authority to settle the same. 15.2 Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Cally to enforce any provision of this Agreement will not be considered a waiver of Cally' right to enforce such provision. Cally’s rights under this Agreement will survive any termination of this Agreement. 15.3 Assignability: Cally may assign or delegate its rights or obligations under these User Terms and Conditions and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations under these User Terms and Conditions or Privacy Policy without Cally’ prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void. 15.4 Notices to Users: Reports, statements, notices and any other communications may be transmitted by Cally to Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electronically sent by Cally to User to the email address specified in the User’s Account. 15.5 Notices to Cally: Reports, statements, notices and any other communications may be transmitted by a User to Cally at help@getcally.com. All communications and notices shall be deemed to be received or served (as applicable) to Cally when electronically received by the Cally at help@getcally.com. 15.6 Order of Precedence: In the event of any conflict or inconsistency between any provision of: (i) these User Terms and Conditions and any Order Form between the relevant parties, the provisions of the Order Form shall prevail; and (ii) one or more Order Forms in relation to the same underlying transaction, the provisions of the most recent dated Order Form shall prevail. 15.7 Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section. 15.8 If you have any questions regarding these User Terms and Conditions, please visit our website or contact us at help@getcally.com. You acknowledge that you have read, understood, and accepted to be bound by these User Terms and Conditions. Effective as of November 1, 2024