PharmMatch Open the app

Terms and Conditions of Use

PharmMatch

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0. The parties

0.1 Who is providing the App

The App is currently provided by an individual operating as a sole proprietor, not by a company.

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1. Acceptance of Terms and Eligibility

1.1 Binding agreement

These Terms and Conditions ("Terms") form a legally binding agreement between you ("you", "User") and Abdallah Nedal Yousef Zidan, an individual operating as a sole proprietor, of 311-265 North Service Rd, Mississauga, Ontario, L5A 1A6, Canada ("we", "us", "our").

These Terms govern your access to and use of PharmMatch (bundle identifier com.pharmmatch.app), including its web application, iOS application, Android application, and any related content, features, updates, and services (together, the "App").

By downloading, installing, accessing, registering for, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.

If you do not agree to these Terms, you must not access or use the App, and you should delete it from your devices.

1.2 How you accept

You accept these Terms by any of the following, whichever occurs first:

1. ticking the acceptance box presented during account registration;
2. creating an account;
3. purchasing a subscription or other paid item; or
4. otherwise accessing or using any part of the App.

1.3 Eligibility

You may use the App only if you:

1. are at least 18 years of age;
2. have the legal capacity to enter into a binding contract in your country of residence;
3. are not barred from using the App under the laws of any applicable jurisdiction; and
4. are not located in, or ordinarily resident in, a country or territory subject to comprehensive trade sanctions administered by the United Nations, the European Union, the United Kingdom, or the United States, and are not a person with whom dealings are prohibited under those regimes.

The App is not directed at children. We do not knowingly permit registration by, or knowingly collect personal information from, any person under the age of 13 (or under 16 where local law sets a higher threshold for the processing of children's data). If we learn that we hold information relating to such a person, we will delete the account and the associated data.

1.4 Account registration and security

To use most features you must create an account. You agree:

1. to provide accurate, current, and complete information, including a valid email address and telephone number;
2. to keep that information accurate and up to date;
3. to keep your password confidential and not to disclose it to any other person;
4. that you are solely responsible for all activity occurring under your account, whether or not authorised by you; and
5. to notify us immediately at zidanabdullah640@gmail.com of any actual or suspected unauthorised use of your account or breach of its security.

Each account is personal to one individual. You must not share, sell, transfer, lend, or sublicense your account or its credentials. Accounts registered by automated means, or using another person's identity, contact details, or payment instrument without authorisation, may be suspended or terminated without notice and without refund.

We may refuse registration, or suspend or terminate any account, where we reasonably believe these Terms have been breached.

1.5 Institutional and organisational use

If you access the App on behalf of a university, hospital, employer, or other organisation, you represent that you have authority to bind that organisation to these Terms, and "you" includes that organisation.

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2. Educational Purpose Only — No Medical or Professional Advice

2.1 Nature of the App

PharmMatch is a training and educational simulation tool intended to help students and practitioners of pharmacy, medicine, and allied health professions rehearse clinical reasoning through simulated scenarios.

The App is not a clinical decision support system, a medical device, a diagnostic aid, a prescribing tool, or a drug reference for use in patient care.

2.2 Not medical or professional advice

All scenarios, drug names, interactions, contraindications, dosing information, feedback, explanations, rankings, and other content in the App (together, the "Content") are provided for educational and informational purposes only.

The Content:

1. does not constitute medical, pharmaceutical, clinical, diagnostic, therapeutic, nursing, legal, financial, or any other professional advice;
2. must never be used to diagnose, treat, prescribe for, or manage the care of any actual patient, including yourself;
3. is not a substitute for the independent professional judgement of a qualified, licensed healthcare professional, for an authoritative drug formulary or summary of product characteristics, for institutional protocols, or for the current law and regulations of your jurisdiction;
4. is not individualised to any patient, and takes no account of comorbidity, allergy, renal or hepatic function, pregnancy, interaction with concomitant therapy, local resistance patterns, formulary status, or any other clinical variable; and
5. may be simplified, abridged, regionally inappropriate, outdated, or incorrect, and is deliberately constructed to include plausible wrong answers for teaching purposes.

2.3 Content accuracy is expressly not warranted

You acknowledge and agree that:

1. clinical knowledge, drug approvals, indications, contraindications, and dosing guidance change continuously, and Content may not reflect the current state of knowledge or the current label in your country;
2. Content is authored and edited by human beings and may contain errors, including errors of clinical substance;
3. Content may be authored or edited in one language and presented in another, and translation may introduce inaccuracy;
4. you are solely responsible for verifying any information obtained from the App against authoritative, current sources before acting on it in any professional context; and
5. no doctor-patient, pharmacist-patient, or other professional relationship is created between you and Abdallah Nedal Yousef Zidan by your use of the App.

2.4 Emergencies

The App is not for emergencies. If you or another person may be experiencing a medical emergency, contact your local emergency number or attend the nearest emergency department immediately. Do not use the App.

2.5 Not a qualification

Performance in the App, including any rating, rank, score, streak, badge, or achievement, is a gamified measure of activity within the App only. It:

1. is not an assessment, credential, certification, licence, or qualification of any kind;
2. does not indicate clinical competence, fitness to practise, or readiness for any examination; and
3. must not be represented to any employer, regulator, university, or licensing body as evidence of competence.

2.6 Professional responsibility

If you are a licensed or registered professional, or a student under supervision, you remain fully and personally bound by your professional regulator's standards, your institution's policies, and the law of your jurisdiction. Nothing in the App reduces, replaces, or excuses those obligations, and you must not rely on the App in discharging them.

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3. Licence to Use the App

3.1 Grant

Subject to your compliance with these Terms and, where applicable, payment of the relevant fees, Abdallah Nedal Yousef Zidan grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on devices you own or control, for your own personal, non-commercial educational use.

3.2 Reservation

This is a licence, not a sale. No ownership passes to you. All rights not expressly granted are reserved by Abdallah Nedal Yousef Zidan and its licensors.

3.3 Updates

We may issue updates, patches, and new versions. Some may be applied automatically. Some features may require the most recent version, and we do not undertake to support older versions indefinitely.

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4. Subscriptions, Payments, Trials, and Cancellation

4.1 Plans

The App offers:

Prices are stated inclusive or exclusive of tax as indicated at the point of purchase. You are responsible for any VAT, GST, sales tax, or withholding applicable in your jurisdiction, except where we are required to collect it.

We may change prices. A change to the price of an existing recurring subscription will not take effect until the following billing period, and we will notify you at least 30 days in advance, with the opportunity to cancel before it applies.

4.2 Free trial

Where a free trial of 7 days is offered:

1. the trial is available once per user, and we may refuse a trial to any account we reasonably believe has already used one;
2. unless you cancel before the trial ends, the subscription will begin automatically and the first payment of USD 15.00 will be taken;
3. cancelling during the trial ends access at the end of the trial period; and
4. we may withdraw or vary trial offers at any time for future users.

4.3 Automatic renewal — express acknowledgement

You expressly acknowledge and agree that subscriptions renew automatically.

• The subscription renews monthly for a further term of one month, at the then-current price, automatically and without further action by you.
• Renewal continues until you cancel.
• Payment is taken by the payment method on file at the start of each renewal term, typically within 24 hours before the period begins.

4.4 How to cancel

Cancellation is by the channel you bought through, and only that channel:

We cannot cancel, refund, or vary a subscription purchased through the Apple App Store or Google Play, because we are not the merchant of record for those transactions. You must use the store's own controls.

Cancellation takes effect at the end of the current paid period. You retain access until then. Cancelling does not generate a refund of the current period.

4.5 Refunds

Except where a mandatory legal right applies (see 4.6 and 4.7), and except at our sole discretion, all payments are final and non-refundable, including for periods during which you did not use the App, and for one-off unlocks once the associated content has been made available to you.

If we choose to grant a refund or credit in a particular case, that does not oblige us to do so in any other case.

4.6 EU, UK, and EEA consumers — statutory withdrawal right

If you are a consumer in the EU, the EEA, or the UK, you have a statutory right to withdraw from a distance contract within 14 days without giving a reason.

For digital content supplied immediately, that right is lost only if you gave express prior consent to immediate performance and acknowledged that you thereby lose the right of withdrawal. If the purchase flow does not capture both of those, the 14-day right survives and a refusal to refund is unlawful.

Nothing in section 4.5 limits:

• your withdrawal right where it has not been validly waived;
• your statutory remedies where digital content supplied is not as described, not of satisfactory quality, or not fit for purpose (UK Consumer Rights Act 2015; EU Directive (EU) 2019/770); or
• any other mandatory consumer right that cannot be excluded by contract.

4.6a Canadian consumers — Ontario internet agreements

Canada has no general 14-day cooling-off right for digital content equivalent to the EU's. Ontario instead regulates how the sale is presented. Under the *Consumer Protection Act, 2002* (Ontario) and O. Reg. 17/05, an "internet agreement" over $50 requires that, before the consumer enters into it, they are given the supplier's name and contact details, a fair description of what is being sold, the itemised price, and the terms of payment — and that a copy of the agreement is delivered within 15 days of it being made.

Where that is not done, the consumer may cancel within 7 days of receiving the agreement (or within 30 days of entering it, where no copy was delivered), and where the service is never supplied, within one year.

Nothing in section 4.5 limits those rights, or the rights of a consumer under the consumer protection legislation of any other Canadian province.

Ontario's *Consumer Protection Act, 2023* will replace the 2002 Act when it is proclaimed in force, and carries forward both the disclosure requirements and the protections in section 13.6. Re-check this section before launching paid features.

4.7 Purchases through Apple and Google

Where you purchase through the Apple App Store or Google Play:

1. Apple or Google is the merchant of record, not Abdallah Nedal Yousef Zidan;
2. refunds are governed by that store's policies and are granted at that store's discretion, not ours, and this section does not restrict them; and
3. the store's terms apply to the transaction in addition to these Terms and, in the event of conflict as to the transaction, prevail.

4.8 Payment processing and card data

Payments are processed by third-party providers — currently Stripe, Inc. (web), and Apple and Google through their in-app purchase systems, with subscription state managed via RevenueCat, Inc. on mobile.

We do not receive, process, transmit, or store full payment card numbers, card expiry dates, or card security codes. Card details are entered directly into systems operated by the relevant provider. Your use of those services is subject to their own terms and privacy policies.

4.9 Failed payments

If a payment fails, we or the relevant provider may retry it. We may suspend paid features during a failed-payment retry period and terminate the subscription if payment is not resolved. You remain liable for amounts properly due.

4.10 Chargebacks

If you initiate a chargeback or payment dispute without first contacting us at zidanabdullah640@gmail.com, we may suspend or terminate your account pending resolution. This does not limit any genuine right you have to dispute an unauthorised transaction.

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5. User Conduct and Acceptable Use

5.1 Prohibited conduct

You must not, and must not permit or assist any other person to:

Technical integrity

1. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the App, except to the limited extent that such restriction is prohibited by applicable law (see 5.2);
2. modify, adapt, translate, or create derivative works of the App;
3. remove, obscure, or alter any proprietary notice, watermark, or attribution;
4. circumvent, disable, or interfere with any security, authentication, entitlement, licensing, paywall, rate-limiting, or access-control mechanism;
5. access, or attempt to access, any account, server, system, or data that you are not authorised to access;
6. probe, scan, or test the vulnerability of the App or its infrastructure, or breach or circumvent any security or authentication measure, except under a written authorisation from us (see 5.3);
7. introduce any virus, worm, trojan, logic bomb, or other malicious code;
8. impose an unreasonable or disproportionate load on our infrastructure, or conduct any denial-of-service or similar attack;

Data and content

1. use any robot, spider, scraper, crawler, or other automated means to access, monitor, copy, or extract the App, its Content, or any data from it;
2. extract, reproduce, republish, distribute, sell, sublicense, rent, lease, or make available any Content, in whole or in part, to any third party;
3. use the App or its Content to train, fine-tune, evaluate, or otherwise develop any machine learning or artificial intelligence model or dataset;
4. build any competing or substantially similar product or service using the App or its Content;
5. use the App or its Content for any commercial purpose, including paid tuition, course delivery, or resale, without our prior written consent;

Account and conduct

1. share, sell, or transfer your account or credentials, or permit any other person to use your account;
2. create multiple accounts to obtain repeated free trials or to evade suspension, termination, or usage limits;
3. impersonate any person or entity, or misrepresent your affiliation;
4. upload, submit, or transmit any content that is unlawful, defamatory, obscene, harassing, hateful, infringing, or that contains personal data or protected health information relating to any identifiable patient or other third party;
5. use the App in any way that breaches any applicable law or regulation, any professional or institutional obligation binding on you, or the rights of any third party.

5.2 Mandatory legal carve-out

Nothing in section 5.1 restricts any act that applicable law expressly permits and that may not be excluded by contract, including:

• decompilation for the purpose of achieving interoperability, and observation, study, and testing of the functioning of the software, under Articles 5 and 6 of Directive 2009/24/EC (implemented in the UK by the Copyright, Designs and Patents Act 1988, ss. 50B and 50BA), the benefit of which cannot be excluded by agreement; and
• any equivalent non-excludable right under the law of your jurisdiction.

Where you intend to rely on such a right for interoperability, we ask that you first contact us at zidanabdullah640@gmail.com; we may be able to supply the necessary information directly.

5.3 Security research

We welcome good-faith security research. If you believe you have found a vulnerability, report it to zidanabdullah640@gmail.com and allow us a reasonable period to remediate before any disclosure. We will not pursue action under these Terms against a researcher who acts in good faith, avoids privacy violations and service degradation, and does not access, modify, or exfiltrate data belonging to other users beyond what is strictly necessary to demonstrate the issue.

5.4 Enforcement

We may investigate suspected breaches and may suspend or terminate access, remove content, and take legal action. We may disclose information to law enforcement where we reasonably believe it necessary.

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6. Intellectual Property Rights

6.1 Ownership

The App and all of its constituent elements — including source and object code, databases, data structures, the case library and all clinical scenarios, explanations and feedback text, translations, the rating and scoring methodology, user interface, visual design, layout, iconography, illustrations, sound effects and music, animations, documentation, and all names, logos, and branding — are and remain the exclusive property of Abdallah Nedal Yousef Zidan or its licensors, and are protected by copyright, database right, trade mark, trade secret, and other intellectual property laws.

6.2 Trade marks

PharmMatch and associated logos are trade marks of Abdallah Nedal Yousef Zidan. Third-party names and marks appearing in the App, including pharmaceutical brand names, are the property of their respective owners and are used for identification and educational purposes only. Their appearance does not imply endorsement, affiliation, or sponsorship.

6.3 Feedback

If you send us suggestions, ideas, bug reports, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use it for any purpose without obligation or compensation to you. We are not obliged to keep feedback confidential.

6.4 Your content

You retain ownership of content you upload, such as a profile photograph. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display that content solely to operate and provide the App to you. That licence ends when you delete the content or your account, except for copies retained in routine backups for the period described in the Privacy Policy.

You warrant that you have the right to grant that licence and that your content does not infringe any third-party right.

6.5 Infringement notices

If you believe material in the App infringes your copyright, send a notice to zidanabdullah640@gmail.com identifying the work, the material, your contact details, a statement of good-faith belief, and a statement that the notice is accurate. We operate a repeat-infringer policy and will terminate accounts accordingly.

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7. Third-Party Services and App Store Terms

7.1 Third-party services

The App relies on third-party services including hosting, authentication, payment processing, subscription management, and content delivery. We are not responsible for those services' availability, performance, or acts and omissions, and their terms apply to your use of them.

7.2 Apple App Store — additional terms

Where you obtain the App from the Apple App Store, the following apply and prevail over any conflicting term:

1. These Terms are between you and Abdallah Nedal Yousef Zidan only, not with Apple. Abdallah Nedal Yousef Zidan alone is responsible for the App and its content.
2. The licence granted is limited to a non-transferable licence to use the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to provide any maintenance or support for the App.
4. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
5. Apple is not responsible for addressing any claim by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
6. In the event of a third-party claim that the App infringes intellectual property rights, Abdallah Nedal Yousef Zidan — not Apple — is solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. You represent that you are not located in a country subject to a US Government embargo or designated as "terrorist supporting", and are not on any US Government list of prohibited or restricted parties.
8. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance will have the right to enforce these Terms against you as a third-party beneficiary.

7.3 Google Play

Where you obtain the App from Google Play, the Google Play Terms of Service apply to that distribution in addition to these Terms. Google is not a party to these Terms and has no responsibility for the App.

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8. Availability, Modification, and Suspension

8.1 No guarantee of availability

We do not guarantee that the App will be available uninterrupted, secure, or error-free. Access may be interrupted by maintenance, updates, failures of third-party infrastructure, network conditions, or events beyond our control.

8.2 Changes to the App

We may add, change, suspend, or discontinue any feature or Content at any time, including features currently offered free of charge. If we permanently discontinue a paid feature that you have purchased and for which you have an unexpired paid term, we will provide a pro-rata refund of the unexpired portion or a reasonable equivalent, at our election.

8.3 Data loss

You are responsible for retaining your own records of anything you need to keep. We maintain backups but do not warrant that data will not be lost, and we do not provide the App as a system of record.

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9. Disclaimers

9.1 "AS IS" and "AS AVAILABLE"

To the maximum extent permitted by applicable law, the App and all Content are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind.

9.2 Exclusion of warranties

To the maximum extent permitted by applicable law, Abdallah Nedal Yousef Zidan and its officers, directors, employees, agents, suppliers, and licensors expressly disclaim all warranties, conditions, representations, and terms, whether express, implied, statutory, or arising from course of dealing or usage of trade, including:

1. implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement;
2. any warranty that the App will meet your requirements, be available uninterrupted, timely, secure, or error-free, or that defects will be corrected;
3. any warranty as to the accuracy, currency, completeness, reliability, clinical correctness, or regulatory appropriateness of any Content; and
4. any warranty as to results obtained from use of the App, including academic or examination outcomes.

No advice or information, whether oral or written, obtained from us or through the App creates any warranty not expressly stated in these Terms.

9.3 Consumer rights preserved

Some jurisdictions do not allow the exclusion of certain warranties or conditions. Nothing in this section excludes, restricts, or modifies any guarantee, warranty, right, or remedy that applicable consumer protection law confers on you and that cannot lawfully be excluded, restricted, or modified. Where such law applies, the disclaimers above apply only to the maximum extent that law permits.

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10. Limitation of Liability

10.1 Liability that is never excluded

Nothing in these Terms excludes or limits our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. gross negligence or wilful misconduct, where applicable law does not permit its exclusion;
4. any breach of the statutory obligations that consumer protection law makes non-excludable; or
5. any other liability that cannot be excluded or limited under applicable law.

10.2 Exclusion of indirect loss

Subject always to 10.1, and to the maximum extent permitted by applicable law, Abdallah Nedal Yousef Zidan and its officers, directors, employees, agents, suppliers, and licensors will not be liable for any:

1. indirect, incidental, special, consequential, exemplary, or punitive damages;
2. loss of profits, revenue, business, anticipated savings, goodwill, or reputation;
3. loss, corruption, or unavailability of data;
4. loss of opportunity, including academic, examination, employment, or professional opportunity;
5. cost of procuring substitute goods or services; or
6. business interruption,

however caused and on any theory of liability, whether in contract, tort (including negligence), strict liability, statute, or otherwise, and whether or not we were advised of the possibility of such damages.

10.3 Aggregate cap

Subject always to 10.1, and to the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms and your use of the App, for all claims in aggregate, will not exceed the greater of:

1. the total amount you actually paid to us for the App in the twelve (12) months immediately preceding the event giving rise to the claim; or
2. CAD 100.

10.4 Clinical and professional use

Subject always to 10.1, and to the maximum extent permitted by applicable law, we will have no liability whatsoever arising from or in connection with:

1. any use of the App or its Content in the diagnosis, treatment, prescribing for, or management of any actual patient;
2. any clinical, professional, academic, or examination decision taken by you or any third party in reliance on the App or its Content;
3. any error, omission, inaccuracy, or omission in Content; or
4. any breach by you of a professional, regulatory, institutional, or legal obligation.

You acknowledge that the App is not intended or suitable for these uses, that these Terms expressly prohibit them, and that the allocation of risk in this section is a fundamental basis of the bargain between us and reflects the fact that the App is supplied at low or no cost.

10.5 Basis of the bargain

The disclaimers and limitations in sections 9 and 10 apply even if any limited remedy fails of its essential purpose, and reflect a reasonable allocation of risk without which the App would not be provided on these commercial terms.

10.6 Jurisdictional variation

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Where that is so, the above applies to the maximum extent permitted, and our liability is limited to the smallest amount permitted by law.

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11. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Abdallah Nedal Yousef Zidan and its officers, directors, employees, and agents from and against any claim, demand, proceeding, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or connected with:

1. your breach of these Terms or of any applicable law;
2. your use or misuse of the App or its Content, including any clinical or professional use;
3. any content you submit; or
4. your infringement of any third-party right.

We will notify you of any such claim and may, at our option, assume its exclusive defence at your cost, in which case you will cooperate with us.

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12. Termination

12.1 By you

You may stop using the App and delete your account at any time through the App or by contacting zidanabdullah640@gmail.com. Cancellation of a paid subscription is by the route in section 4.4.

12.2 By us

We may suspend or terminate your access, with or without notice, if:

1. you breach these Terms;
2. we are required to do so by law;
3. providing the App to you becomes commercially or technically impracticable; or
4. your account is inactive for an extended period.

Where the reason permits, we will give reasonable notice.

12.3 Effect

On termination, the licence in section 3 ends and you must stop using the App. Sections 2, 6, 9, 10, 11, 13, 14, and any other provision which by its nature should survive, survive termination.

Termination for your material breach does not entitle you to a refund. Termination by us for any other reason entitles you to a pro-rata refund of the unexpired portion of any paid term.

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13. Governing Law and Dispute Resolution

13.1 Governing law

These Terms and any dispute arising out of or in connection with them, including non-contractual disputes, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Mandatory consumer protection preserved

If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the place where you are habitually resident — for EU consumers, Article 6 of Regulation (EC) No 593/2008 (Rome I); for Canadian consumers, the consumer protection legislation of your own province. Where that law gives you more protection, it continues to apply.

13.3 Talk to us first

Before starting any formal proceeding, please contact us at zidanabdullah640@gmail.com with a written description of the dispute and what you are asking for, and give us thirty (30) days to resolve it. This is a request, not a bar: it does not prevent you from going to court, seeking urgent injunctive relief, or bringing a small claim, and nothing in it suspends any limitation period.

13.4 Courts

Subject to 13.2 and 13.5, the courts of Ontario have jurisdiction, and the Superior Court of Justice (Ontario) is the competent court. Claims within its monetary limit may be brought in its Small Claims Court, which is usually the faster and cheaper route for a consumer dispute over a subscription.

13.5 Where you may sue us instead

• EU, EEA and UK consumers may bring proceedings in the courts of their country of residence, and we may bring proceedings against such a consumer only there.
• Canadian consumers may bring proceedings in their own province where the consumer protection legislation of that province so provides.

13.6 No mandatory arbitration, and no class action waiver

These Terms do not require arbitration, and do not waive your right to take part in a class proceeding.

That is not generosity, it is Ontario law. Under the Consumer Protection Act, 2002 (Ontario):

• section 7(1) makes any waiver of a consumer's substantive or procedural rights under the Act void;
• section 7(2) makes a term requiring disputes to be arbitrated invalid insofar as it would prevent a consumer from bringing an action in the Superior Court of Justice; and
• section 8 preserves a consumer's right to commence or join a class proceeding, and invalidates any term purporting to prevent it.

The Supreme Court of Canada made the same point from the other direction in *Uber Technologies Inc v Heller*, 2020 SCC 16, striking down an arbitration clause as unconscionable where its practical effect was to put dispute resolution out of the claimant's reach.

Including such clauses anyway would not merely fail — an unenforceable term in a consumer agreement is itself a compliance exposure, and it invites a regulator to look at the rest of the document. A clean, enforceable dispute clause protects you better than an aggressive void one.

If you are not a consumer — an institution, employer or other business using the App — the parties may agree in writing to arbitrate a dispute after it has arisen. Nothing here compels that in advance.

13.7 Time limit

To the extent permitted by law, any claim must be brought within two (2) years after it arises, which is the basic limitation period under Ontario's *Limitations Act, 2002*. This does not shorten any longer non-excludable limitation period that applies where you live.

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14. Changes to These Terms

We may amend these Terms.

1. For changes that are material or adverse to you, we will give at least 30 days notice by in-app notification, email, or both, stating the effective date.
2. Non-material changes — corrections, clarifications, changes required by law — may take effect on posting.
3. The current version and its effective date will always be available in the App and in the App under Profile → Terms and Privacy. Once a public site exists it will also be published there.
4. Continued use of the App after the effective date constitutes acceptance. If you do not accept, you must stop using the App and may cancel any subscription; where a material change materially disadvantages you, you may cancel and receive a pro-rata refund of the unexpired paid period.

We will not apply changes retroactively to a dispute already notified under 13.3.

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15. General

15.1 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect. Severance of a provision in one jurisdiction does not affect its validity in any other.

15.2 No waiver

Failure or delay in enforcing any provision is not a waiver of it. A waiver is effective only if in writing and signed by an authorised representative.

15.3 Assignment, and the move to a company

You may not assign or transfer these Terms without our prior written consent.

We may assign or novate them to a company we incorporate to continue operating the App, or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you, and your rights under these Terms are unaffected by that transfer.

15.4 Entire agreement

These Terms, together with the Privacy Policy and any terms presented at the point of purchase, constitute the entire agreement between you and us regarding the App, and supersede all prior communications. Nothing in this clause limits liability for fraudulent misrepresentation.

15.5 Force majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including natural disaster, war, civil unrest, epidemic, industrial action, failure of telecommunications or utility infrastructure, cyberattack, or act of government.

15.6 No third-party rights

Except as expressly stated in section 7.2 (Apple), these Terms do not confer any right on any person who is not a party to them.

15.7 Notices

We may give notice by in-app message, or by email to the address on your account. You must send notices to zidanabdullah640@gmail.com. Notice by email is deemed received 24 hours after sending, absent a delivery failure.

15.8 Language

These Terms are published in English, and may also be provided in Arabic and French for convenience. The English version governs and prevails in the event of any conflict or difference of meaning between versions.

That designation yields where it must: where the mandatory consumer law of your country of residence requires a contract presented to you in another language to prevail in that language, the version in that language prevails to the extent of the conflict, and nothing in this section limits any right you have to be supplied with these Terms in your own language.

15.9 Headings

Headings are for convenience only and do not affect interpretation.

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16. Contact

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