Terms & Conditions

Welcome to Cladda, operated by Cladda Group FZE (“us,” “we,” the “Company” or “Cladda”). Together you and the Company may be referred to as the “Parties” or separately as “Party.”

Acceptance of Terms of Use Agreement

By creating an account or by using any of our services, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use (the “Terms”), (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not access or use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under settings, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we are unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with the Company, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

Eligibility

You must be at least 18 years of age to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:

you can form a binding contract with the Company,
you are not a person who is barred from using the Service under the laws of the United Arab Emirates or any other applicable jurisdiction,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements,
you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Service, and that you are not required to register as a sex offender with any state, federal or local sex offender registry,
you will use the latest version of the Service (via app or website),
you do not have more than one account on the Service, and
you have not previously been removed from the Service by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Service or systems is automatically revoked, and you must immediately delete your account.

Your Account

In order to use Cladda, you may sign in using a number of ways, including by telephone number, email, Apple login, Facebook login or Google log in. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Cladda, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

Modifying the Service and Termination

Cladda always improves the Service and brings you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. However, if you use a third party payment account such as Apple’s App Store, as applicable or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing.

Cladda may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate.

Safety; Your Interactions with Other Members

You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our customer care representatives or other employees. Cladda strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, Cladda is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.

You are solely responsible for your interactions with other members. You understand that Cladda does not conduct criminal background checks on its members or otherwise inquire into the background of its members. Cladda makes no representations or warranties as to the conduct or compatibility of members. Cladda reserves the right to conduct – and you authorize Cladda to conduct – any criminal background check or other screenings (such as sex offender register searches) at any time using available public records obtained by it or with the assistance of a consumer reporting agency, and you agree that any information you provide may be used for that purpose.

Rights Cladda Grants You

Cladda grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Cladda and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Cladda’s prior written consent.
express or imply that any statements you make are endorsed by Cladda.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Service.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without Cladda’s prior written authorization.
use meta tags or code or other devices containing any reference to Cladda or the Service (or any trademark, trade name, service mark, logo or slogan of Cladda) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
use, access, or publish the Cladda application programming interface without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage, promote, or agree to engage in any activity that violates this Agreement.

Cladda may investigate and take any available legal action in response to illegal and / or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

Rights you Grant Cladda

By creating an account, you grant to Cladda a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public information you authorize us to access from third parties such as Facebook, Google, or Apple, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). Cladda’s license to your Content shall be non-exclusive, except that Cladda’s license shall be exclusive with respect to derivative works created through use of the Service. In addition, so that Cladda can prevent the use of your Content outside of the Service, you authorize Cladda to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Cladda members).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Cladda above.

You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for Cladda allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Cladda regarding our Service, you agree that Cladda may use and share such feedback for any purpose without compensating you.

You agree that Cladda may access, store, and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

Community Rules

By using the Service, you agree that you will not:

use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose.
use the Service in order to damage Cladda.
spam or solicit money or other items of value from another member, whether as a gift, loan, or other form of compensation, or otherwise defraud any members.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account, share an account with another user, or maintain more than one account.
misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
create another account if we have already terminated your account, unless you have our permission.

Cladda reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Cladda regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Other Members’ Content

Although Cladda reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Cladda cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service.

Purchases

From time to time, Cladda may offer products and services for purchase (“in app purchases”) through the App Store, Google Play Store, carrier billing, Cladda direct billing or other payment platforms authorized by Cladda. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play Store or the App Store) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Cladda or the third party account, as applicable, to charge you.

Auto-Renewal. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on Cladda, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Cladda application from your device. Deleting your account on Cladda or deleting the Cladda application from your device does not terminate or cancel your subscription; Cladda will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Cladda or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay Cladda directly with your Payment Method. If you pay Cladda directly, Cladda may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Cladda may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting Cladda and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested if the laws applicable in your jurisdiction provide for refunds.

Jurisdictional Requirements

United States:

Comply with the Children's Online Privacy Protection Act (COPPA).
Users have rights under the California Consumer Privacy Act (CCPA) to access, delete, and opt-out of the sale of their personal information.

European Union:

Comply with the General Data Protection Regulation (GDPR).
Users have rights to access, rectify, erase, and restrict processing of their personal data.

United Kingdom:

Comply with the U.K. General Data Protection Regulation (U.K. GDPR) and the Data Protection Act 2018.
Users have similar rights to those under the GDPR, including access and rectification rights.

Disclaimers

CLADDA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH 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. CLADDA DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.

CLADDA ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

CLADDA DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

Third Party Services

The Service may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.

Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLADDA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF CLADDA HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLADDA’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO CLADDA DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT OR ANY OTHER LEGAL PROCEEDING AGAINST CLADDA, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Abuse/Complaints

You can report any abuse or complain about Content by contacting us, outlining the abuse and or complaint and providing us with any additional information you think fit.

Indemnity

If we are sued as a result of your use of the Service then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of the Services, the uploading or submission of Content by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). We retain the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.

Miscellaneous

The Terms are governed by and construed in accordance with United Arab Emirates law. In the event there is a discrepancy between this English language version and any translated copies of these Terms, the English version shall prevail. All disputes arising out of or in connection with these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration will be Dubai (UAE) and the language of arbitration will be English.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

About Us

We are registered in United Arab Emirates under company number L – 2672.

Our registered office is at Dubai World Trade Centre, The Offices 3 – One Central, Dubai, United Arab Emirates. If you wish to contact us, please send an email to care@cladda.com.