Terms of Service
Last updated: December 19, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named NamazEven WhatsApp app
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Findaround, Co., 340 S Lemon Ave. #6278 Walnut, Ca 91789 .
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Application or the Website or both.
- Terms and Conditions (also referred as "Terms" and "Terms of Service") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to NamazEven website, accessible from https://namazeven.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
User Accounts and Content
Account Registration
To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. The Company reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
User-Generated Content
When you create or upload content through our Service, you retain your intellectual property rights in that content. However, by creating or uploading the content, you grant us a license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. The license you grant us is worldwide, non-exclusive, royalty-free, and transferable.
Content Restrictions
You agree not to create, upload, post, or share any content that:
- Violates any applicable law or regulation
- Infringes on intellectual property rights
- Contains malicious code or malware
- Promotes hate speech or discrimination
- Contains sexually explicit material
- Harasses, bullies, or intimidates others
- Impersonates another person or entity
DMCA Compliance
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact our designated copyright agent at:
Email: [email protected]
Purchases and Subscriptions
Payment Terms
When you make a purchase or subscribe to our Service, you agree to:
- Provide accurate and complete payment information
- Pay all charges at the prices in effect when incurring the charges
- Pay all applicable taxes
- Pay using a valid payment method
Subscription Services
- We offer subscription-based services for WhatsApp notifications and other premium features
- Subscription fees are billed in advance on a recurring basis
- Your subscription will automatically renew unless you cancel it
- You can cancel your subscription at any time through your account settings
Trial Management
- Free trial periods are managed through our trial management system
- Trial eligibility and duration may vary based on user status:
- Base paid users
- WhatsApp notification users
- Email notification users
- Trial periods typically last 24 hours
- Users may be eligible for additional trial periods based on our trial schedule
- Trial periods cannot be combined or transferred
Billing
- If you provide credit card information, you authorize us to charge all subscription fees to that credit card
- If your payment method fails, we may suspend or terminate your access to paid features
- All fees are exclusive of taxes unless stated otherwise
Account Deletion and Data Removal
Data Deletion Process
Requesting Account Deletion:
- Users can request account deletion through our dedicated deletion request page
- A 30-day grace period applies before permanent deletion
- Users can cancel the deletion request during this period
- After 30 days, all data will be permanently deleted
Verification Requirements:
- Email accounts: Password verification required
- WhatsApp-only accounts: 6-digit verification code sent via WhatsApp
- Verification codes expire after 10 minutes
- Identity verification is mandatory before deletion scheduling
Data Removal Scope:
- User account and profile information
- Prayer records and preferences
- Notification settings and history
- Subscription and payment information
- WhatsApp messaging history
- All associated data and backups
Post-Deletion Effects:
- Account recovery is not possible after the 30-day period
- Active subscriptions will be cancelled without refund
- Access to premium features ends immediately
- Historical data cannot be restored
Subscription and Refund Policies
Subscription Management
Cancellation Rights:
- Users can cancel subscriptions at any time
- Cancellation takes effect at the end of the billing period
- Access continues until the end of the paid period
- No partial refunds for unused periods
Refund Eligibility:
- 7-day refund window from subscription start
- Maximum 3 lifetime refunds per user
- 365-day minimum between refunds
- Full refund of the most recent payment
Refund Conditions:
- Request must be within 7 days of subscription
- Account must not exceed maximum refund limit
- Previous refund must be over 365 days ago
- Account must be in good standing
Refund Process:
- Processed through Stripe payment system
- Returned to original payment method
- Processing time varies by payment provider
- Immediate termination of premium access
Subscription Records:
- We maintain detailed records of:
- Subscription status and changes
- Cancellation reasons and feedback
- Refund history and eligibility
- Payment processing details
- We maintain detailed records of:
Non-Refundable Cases
Refunds will NOT be issued for:
- Cancellations after 7 days
- Users exceeding maximum refund limit
- Recent refund recipients (within 365 days)
- Violations of Terms of Service
- Partial unused subscription periods
Intellectual Property
Our Content
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Findaround, Co. and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Feedback and Suggestions
If you provide any feedback or suggestions about the Service, you hereby grant us the right to use such feedback or suggestions for any purpose without compensation or attribution to you.
Promotions and Contests
We may run promotions, contests, or sweepstakes ("Promotions") through our Service. Each Promotion may have additional terms and conditions, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms.
WhatsApp Service Terms
WhatsApp Integration
Our Service integrates with WhatsApp to provide prayer time notifications and related services. By using our WhatsApp features, you acknowledge and agree that:
You are subject to:
- Meta's WhatsApp Privacy Policy (https://www.whatsapp.com/legal/privacy-policy)
- WhatsApp Terms of Services (https://www.whatsapp.com/legal/terms-of-service)
Message Delivery:
- We send prayer time notifications and related content through WhatsApp
- Message delivery depends on WhatsApp's infrastructure and policies
- Free trial periods for WhatsApp notifications are subject to our trial management system
- Premium features require an active subscription
Opt-in and Communications:
- You must explicitly opt-in to receive WhatsApp messages [//]: # (is this the case? check)
- You can opt-out at any time by sending "stop" in WhatsApp
- We may send you service-related and marketing messages as permitted by WhatsApp's policies
Data Deletion Rights
You have the right to request deletion of your data through:
WhatsApp:
- Send "delete my data" to our WhatsApp number
- Confirm your request when prompted
- We will process your request within 48 hours
Email:
- Send a deletion request to [email protected]
- Include your registered phone number
- We will confirm receipt within 24 hours
Upon deletion, we will remove:
- Your personal information
- Prayer records and preferences
- Location data
- WhatsApp messaging history
Age Restrictions
You must be at least 13 years old to use our Service. By using the Service, you represent and warrant that:
- You are at least 13 years of age
- If you are under 18, you have your parent's or legal guardian's permission to use the Service
- You are legally permitted to use the Service in your jurisdiction
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the past one (1) month.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Special Features and Services
Prayer Tracking Services
- Our Service provides prayer time tracking based on your location and timezone
- Prayer records are private and not shared with other users
- We use your location data solely to calculate accurate prayer times
- Historical prayer records may require a paid subscription to access
Female User Privacy
We provide special features for female users including period tracking, menopause status, and puerperium tracking. We commit to:
- Keeping this information strictly confidential
- Using this data solely for prayer obligation calculations
- Storing this sensitive information securely
- Never sharing this information with third parties
- Allowing users to delete this information at any time
Children's Usage
While our Service is available to users under 18, special conditions apply:
- Users must be at least 13 years old
- Users between 13 and 18 must have parental consent
- We collect minimal information from users under 18
- Information collected from children is used solely for:
- Providing prayer time notifications
- Tracking prayer records
- Customizing the user experience
Service Modifications
We reserve the right to:
- Modify or discontinue any part of the Service
- Change subscription fees with reasonable notice
- Update features and functionality
- Limit access to certain features based on subscription status
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Additional Service Terms
Prayer Time Calculations
- Prayer times are calculated based on your location data
- While we strive for accuracy, you acknowledge that prayer time calculations are approximate
- Users are responsible for verifying prayer times according to their local Islamic authorities
- Technical issues or service interruptions may affect notification delivery
Data Storage and Security
- We implement reasonable security measures to protect your data
- Prayer records and personal information are stored securely
- We maintain backups of your data for service reliability
- You can request a copy of your data at any time
- Data deletion requests will be processed within 48 hours
Service Limitations
You acknowledge that:
- WhatsApp message delivery depends on third-party services
- Prayer time notifications may be delayed or interrupted
- Free trial availability is subject to our trial management system
- Premium features require an active paid subscription
- Service availability may vary by region
Marketing Communications
We may send you marketing communications through:
- Email (using Amazon SES)
- WhatsApp messages
- Push notifications
You can opt out of marketing communications at any time by:
- Following the "unsubscribe" link in our emails
- Following "Data Deletion" process from your profile.
- Adjusting your notification preferences in your account settings
- Sending 'Stop' feedback to our Marketing content sent via WhatsApp
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 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 after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Final Provisions
Entire Agreement
These Terms constitute the entire agreement between you and Findaround, Co. regarding your use of the Service and supersede all prior agreements and understandings.
Privacy Policy
Your privacy is important to us. Please review our NamazEven Privacy Policy to understand how we collect, use, and protect your personal information. Our Privacy Policy is incorporated into and forms part of these Terms.
By using our Service, you also agree to our Privacy Policy. If you do not agree to our Privacy Policy, please do not use our Service.
Contact Us
For any questions regarding these Terms and Conditions, please contact us:
- By email: [email protected]