Hatfa's Terms of Service

Thanks for using Hatfa! These terms of service ("Terms") outline your use and access to the services, client software and websites ("Services") provided by the Hatfa team.

Definitions

Throughout these Terms, the following definitions apply:

General

Hatfa websites ("Websites") and mobile application ("App") and related services (together with the Websites, the "Service") are operated by Hatfa's team ("we", "our" or "us") and its founder Anzor Vedzizhev. Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions").

By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If you're using our Services for an organization or institution, you're agreeing to these Terms on behalf of that organization.

Hatfa may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

Description of Services Offered

The service allows users to access and use a wide variety of educational and reference services, including listening to audiobooks and tracking recitation progress. Hatfa may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

Your License to use our Services

Subject to the terms and conditions of this Agreement and any agreement entered into by your organization relating to the Services, Hatfa grants you a limited, non-exclusive, non-transferable, license to access and use the Services. You shall not (a) copy the Services or any part, feature, function or user interface thereof (b) attempt to gain unauthorized access to the Services or its related systems or networks; and (c) reverse engineer the Services (to the extent such restriction is permitted by law).

Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Hatfa, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

General Content and Copyrights

Hatfa is completely free publicly available to all registered users and operates in compliance with applicable law. Our team uses content (including audio content, audio books) available in open sources without specifying a license or other restrictions on use and distribution. We have a very negative attitude towards copyright infringement. Therefore, if you are the copyright holder of exclusive property rights, including:

- exclusive right to publish;
- exclusive right to distribute;
- exclusive right to public display;
- exclusive right to communicate to the public.

and your rights are violated in one way or another using the Hatfa app, we ask you to immediately report this to the complaint handling service by e-mail. Your message will be reviewed, you will receive a message about the results of the actions taken regarding the alleged violation of exclusive rights. We are ready to consider controversial issues within the framework of the pre-trial (claim or other) settlement procedure. Our email: info@hatfa.ru.

Privacy

Hatfa's Privacy Policy is incorporated herein by reference and made part of this Agreement. You understand that through your use of our Services, you consent to the collection and use (as set forth in this Agreement, the Privacy Policy and any agreement entered into by your institution relating to the Services) of your information for hosting, processing and use by Hatfa. Current version of our Privacy Policy is available here: Privacy Policy

License to App

Subject to the terms of these Terms and Conditions, Hatfa grants you a non-transferable, non-exclusive license to download, install, and use one copy of App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Hatfa and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.

The following terms and conditions apply to you when using the Apps from any Application Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section apply.

You acknowledge and agree that these Terms and Conditions are solely between you and Hatfa, not the Application Store provider (Apple Inc. or Google LLC), and that the Application Store provider has no responsibility for the Apps or content thereof. Your use of any App must comply with the respective Application Store Terms of Service.

You acknowledge that the Application Store provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.

In the event of any failure of any App to conform to any applicable warranty, you may notify the respective Application Store provider (Apple or Google), and they will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, the Application Store provider will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions.

You and Hatfa acknowledge that the Application Store providers are not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Hatfa acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party's intellectual property rights, Hatfa, not the Application Store provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App.

You and Hatfa acknowledge and agree that the Application Store providers and their subsidiaries are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, they will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Hatfa be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

Termination of Services

You have the choice to stop using our Services at any time. We reserve the right to suspend or end the Services at any time at our discretion and without notice, if you are not complying with Hatfa's Terms of Services, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll provide you with notice via the email address associated with your account before we do so.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, Hatfa, its affiliates, suppliers, and distributors make no warranties, either express or implied, about the services. The services are provided "AS IS" and we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HATFA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.

Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Hatfa. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Hatfa, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Hatfa shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Hatfa on the Service are subject to change. In consideration for Hatfa granting you access to and use of the Service, you agree that Hatfa and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

No Third Party Beneficiaries

The parties do not intend to confer any right or remedy on any third party.

Limitation of Liability

You agree to defend, indemnify and hold harmless Hatfa and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

Force Majeure

Hatfa shall not be liable for any delay or failure to perform any obligation hereunder due to causes beyond its control, including without limitation, war, riot, insurrection, civil commotion, terrorist activity, fire, industrial disputes of whatever nature, acts of nature, computer crimes, epidemics, acts or omissions of third party vendors or suppliers, equipment failures, public enemies of government, failure of telecommunications, system malfunctions, fire, or other casualty.

Representations and Warranties

You represent and warrant to Hatfa that your access and use of the Services will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the UK and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the UK and/or the jurisdiction in which you reside.

Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Hatfa or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Hatfa, all data, information and materials generated from your access and use of the activities made available on or through the Service, including translated content generated by you (collectively, the "Activity Materials"), shall be exclusively owned by Hatfa, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Hatfa any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Hatfa or its licensors that are not expressly granted in these Terms and Conditions are reserved to Hatfa and its licensors.

Trademarks

"Hatfa" and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Hatfa or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Hatfa name or any Hatfa or third-party trademarks, service marks, graphics or logos.

Entire Agreement

These Terms constitute the entire agreement between you and Hatfa with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

These Terms constitute the entire agreement between you and Hatfa with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Hatfa's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Hatfa may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.