“We’ve come to put a hand and hand And let the whole world understand That different we may seem to be But that is cool Diversity will make us strong Together we’ll right every wrong And make the world a better place for all to be”
Men Kol Makan Lyrics
Arabic Mate
User Agreement
Welcome to Arabic Mate. (“Arabic Mate,” “we,” “us,” or “our”), application and website! We connect individuals who want to learn Arabic Language (“Students”) with Arabic Tutors who can help them learn (“Tutors”) for real time video chat language tutoring sessions (“Tutoring Services”). This User Agreement (the “Agreement”) applies to Students and Tutors, and where Students are minors/children under the age of 13, their parent or legal guardian (collectively, “Users,” “you,” or “your”), whether through our websites, or mobile device applications (the “Apps,” together with Sites, “the Platform”).
PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY. BY ACCESSING THE PLATFORM OR REGISTERING FOR A USER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING, AS APPLICABLE, THE ARBITRATION AND CLASS ACTION PROVISIONS AND VIDEO RECORDING PROVISIONS, AND THAT YOU ARE BINDING YOU, YOUR HEIRS, ASSIGNS, AND SUCCESSORS TO THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS AGREEMENT ON THAT ORGANIZATION OR ENTITY’S BEHALF AND BIND THEM TO THIS AGREEMENT (IN WHICH CASE, THE REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT, EXCEPT FOR IN THIS SENTENCE, REFER TO THAT ORGANIZATION OR ENTITY).
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.
Eligibility
You may use the Platform only if you can form a binding contract with Arabic Mate, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
If you are a Student, you represent that you are over the age of thirteen (13) years old in the United States or sixteen (16) years old in all other jurisdictions (the “Minimum Age”). If you are a Student over the Minimum Age, but under the legal age of majority, you may not use the Platform unless your parent or legal guardian has provided Arabic Mate verifiable consent and agreed to this Agreement.
If you are a Tutor, you represent that you are over the age of 18.
If Arabic Mate has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.
Additional Terms and Guidelines
Tutor Addendum. The Tutor Addendum, incorporated herein by reference, also applies to Tutors in their access, registration, or other use of the Platform.
Guidelines. When using the Platform, you are subject to any additional posted guidelines or rules applicable to specific services, offers, and features (the “Guidelines”). All such Guidelines are incorporated by reference into this Agreement.
3. Data Privacy
Privacy Policy. Arabic Mate’s Privacy Policy is incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
Modifications
Arabic Mate may make modifications to this Agreement (“Changes”) at any time. Except as explicitly provided in this Agreement, such Changes will be effective as to existing Users after Arabic Mate provides notice of the Changes, either through the Platform user interface or sent to the e-mail address associated with your User account; and when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes. If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, Arabic Mate may terminate this Agreement and your use of the Platform.
Account Registration and Use
Student Registration. The Platform allows Students to request and engage in a video chat session with a Tutor for purposes of learning and practicing conversation skills in the language of a Student’s choice (a “Session”). To access a Session in our Tutoring Services, you must register and create an account through the Platform. Registration may require you to: (i) create a unique user name and password, (i) provide an e-mail address, (iii) indicate your current country of domicile, (iv) indicate your native language, (v) indicate the language you wish to practice, and (vi) indicate your gender. Note that Arabic Mate does not have access to your payment card information, as we use a third-party payment processor to receive and process payments.
Tutor Registration. To use the Platform and offer tutoring services to Students, Tutors must register and create an account through the App or the Site. As part of the registration process, we may require a Tutor to: (i) create a unique user name and password, (ii) provide an e-mail address, (iii) indicate Tutor’s current country of domicile, (iv) indicate Tutor's native language, (v) indicate the language for which Tutor wishes to conduct the Services, (vi) indicate Tutor’s gender, (vi) indicate Tutor’s PayPal account, and (vii) indicate that Tutor is at least eighteen (18) years of age.
Registration Accuracy. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept confidential, accurate and up-to-date at all times.
Password. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Arabic Mate. You may be liable for the losses incurred by Arabic Mate or others due to any unauthorized use of your account.
Personal Use. Except as provided herein, Arabic Mate accounts may only be used by the User who registered for that account. Sessions purchased by a Student may only be used by that Student in that Student’s account. You agree not to share your user name and password or otherwise permit any other person to access or use your Arabic Mate account. Under no circumstances may a Tutor allow other individuals to use the Tutor’s account to perform any Services.
Arabic Mate is a Marketplace Provider
You understand that Arabic Mate is not in the business of providing tutoring services. Arabic Mate provides an online marketplace that connects students with Tutors.
Tutors are Independent Contractors. You acknowledge that Tutors are independent contractors operating an independent business enterprise who use the Platform to offer and provide Tutoring Services to Students. Arabic Mate is not an employer of, or joint employer or integrated or single enterprise with any Tutor. You acknowledge and agree that Arabic Mate has no responsibility for, control over, or involvement in the scope, nature, quality, character, timing or location of any work or services performed by Tutor, including any work or services that any individual affiliated with the Tutor may provide, either as an employee, independent contractor, or otherwise. Student further represents, acknowledges, and warrants that throughout the Term it shall at all times treat Tutor as independent contractors and that Student will take no action that is inconsistent with such classification. Arabic Mate is under no obligation to ensure any Session is completed to Student’s satisfaction.
Tutors Provide Materials. You understand that, except as otherwise specifically agreed between Student and Tutor, Tutor will provide all equipment, tools, materials, and labor that he or she needs to perform the Tutoring Services agreed to with Student and that Arabic Mate will provide no equipment, tools, materials, or labor that may be needed to perform the Tutoring Services under this Agreement. Arabic Mate will, however, in its discretion, provide both Student and Tutor with access to the Platform to facilitate access to available, optional support resources and materials.
Rules and Prohibitions
You may not:
access or use the Platform for any purpose that is unlawful or prohibited by this Agreement;
use the Platform in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform;
intentionally interfere with or damage the operation of the Platform, or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform;
attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;
use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;
utilize any trademark, logo, or other Arabic Mate materials without our express written consent, including through framing techniques or in meta tags of “hidden text”;
modify the Platform in any manner or form, or use modified versions of the Platform, including (without limitation) for obtaining unauthorized access to the Platform;
create more than one account, use another person’s account without authorization, impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;
in any way violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
spam anyone;
post advertisements or conduct any commercial solicitation purposes without ArabicMate’s written permission;
engage in conduct or post content that is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, offensive, humiliating to other people (publicly or otherwise), or otherwise violates any law or right of Arabic Mate or any third party;
share other people's private or personally identifiable information without their express authorization and permission; or
attempt to indirectly undertake any of the foregoing.
If you are a Student, you further agree to only engage in Sessions for the sole purpose of learning or practicing your language skills. If you are a Tutor, you further agree to only engage in Sessions for the sole purpose of teaching language skills to a Student.
User Content
We may allow you to submit, post, upload, publish, submit, transfer, link, display, or otherwise make available (hereinafter, “post”) information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials on the Platform (“User Content”) that may or may not be viewable by other Users. You retain ownership of all intellectual property rights you have in the User Content you post on the Platform.
By posting User Content on or through the Platform, you grant Arabic Mate a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future for Arabic Mate’s business purposes or as required by law or legal process. In the interest of clarity, the license granted to Arabic Mate shall survive termination of the Platform or your account. Notwithstanding the license granted to Arabic Mate in User Content and for avoidance of doubt, our use and retention of your personal data, including any that is contained in User Content, shall also be governed by and comply with the Arabic Mate Privacy Policy. You represent, warrant and agree that you have the necessary rights to grant us the license described in this Section for any User Content that you post. You agree that this license includes the right for other Users with permitted access to your User Content (e.g. Tutors or Students) to use your User Content in conjunction with participation in the Platform and as permitted through the functionality of the Platform.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Arabic Mate does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other Users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please e-mail Arabic Mate. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.
Arabic Mate reserves the right in its sole discretion to remove or disable access to any User Content from the Platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Arabic Mate reserves the right to monitor User Content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your User Content and ensure that your User Content is accurate and consistent with your representations and warranties in this Agreement.
Arabic Mate reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Arabic Mate, its Users and the public.
License to Use the Platform
Subject to your compliance with the terms of this Agreement, Arabic Mate grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to access and use the Platform as it is provided to you by Arabic Mate solely for your personal, noncommercial use and only in connection with your access to and participation in the Platform and only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy, such as those specified in the Arabic Mate Privacy Policy. Arabic Mate may revoke this license at any time, in its sole discretion. Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or content available therein, except as expressly permitted in this Agreement. The Platform or content available therein are provided to you AS IS. If you download or print a copy of any content available on the Platform for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Arabic Mate or its licensors, except for the licenses and rights expressly granted in this Agreement.
Ownership and Proprietary Rights
The Platform is owned and operated by Arabic Mate. The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform (“Arabic Mate Materials”) are protected , trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Arabic Mate Materials are the property of Arabic Mate or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Arabic Mate or its affiliates and/or third-party licensors. Except as expressly authorized by Arabic Mate, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Arabic Mate Materials.
Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Arabic Mate and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your account or the Platform.
Sessions
Hardware and Software. Engaging in a Session requires compatible hardware and may require the download and installation of specified software. You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions and the Platform, generally.
Restrictions on Use. You agree to only engage in Sessions for your personal, non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session, except as allowed by this Agreement.
Session Recordings. Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) Arabic Mate copying and using such recordings for purposes of providing the Services, including without limitation for purposes of Tutor evaluation, Tutor training, dispute resolution and improving the Platform; (iii) such recording being made available to the other party to the Session, including the Student or parents of a Student; (iv) such recordings being made available for you to review; (v) such recording being used or disclosed by Arabic Mate to the extent required by law or legal process or to the extent Arabic Mate deems necessary for purposes of enforcing or protecting its rights or the rights of a third party; and (vi) as you otherwise agree (including, for Tutors, as set forth in the Tutor Addendum). You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Arabic Mate from using Session recordings for the limited purposes set forth in this subsection or as you otherwise agree (including for Tutors, in the Tutor Addendum), and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to Arabic Mate to copy, modify, distribute and use such recording and content for its business purposes as set forth hereunder or as required by law or legal process. Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of session recordings as set forth in our Privacy Policy.
Tutor Availability
Tutor Availability. Sessions are subject to Tutor availability, and Arabic Mate does not guarantee that any particular (or any) Tutor will be available at any given time.
Payments on the Platform
Payment. Students pay for Tutoring Services through a payment plan as described below. Payment will occur through a third-party payment system (e.g., paypal). All payment terms and conditions are governed by your applicable agreements with the third-party payment system, as applicable. Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due, other than taxes based on Arabic Mate’s net income. You also agree to pay Arabic Mate any costs and expenses incurred by Arabic Mate, including reasonable attorney’s fees, in recovering any fees due hereunder.
Payment Plans. We may provide Students with an option to sign up for a payment plan in which a designated amount will be charged to a Student account on a monthly (or as otherwise designated) basis (a “Payment Plan”). By signing up for a Payment Plan and providing us with your payment account information, you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the amount designated for your particular Payment Plan on a renewing basis. If you sign up for a Payment Plan, you will be charged the first recurring payment on the date of the registration for the Payment Plan, and you will then be charged on a recurring basis until you cancel the Payment Plan or we terminate it. Your account will include information on the payment date for your Payment Plan. In some cases, your payment date may change, for example if your payment method has not successfully settled or if your Payment Plan began on a day not contained in a given month. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Platform until we have successfully charged a valid payment method.
You may cancel a Payment Plan at any time in your account settings. You must cancel a Payment Plan before it renews to avoid billing of the next installment under your particular Payment Plan.
If you feel you have been charged in error, please contact us. A refund request must be received by Arabic Mate within thirty (30) days of the charge in order to be considered.
Mobile Services. Use of the Apps may require usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Apps.
Tutor Eligibility and Rules
In addition to the other rules and prohibitions set forth in this Agreement, the following terms in this Section 14 applies to Tutors.
Eligibility. Prospective Tutors may apply to Arabic Mate to offer their tutoring services through the Platform. Arabic Mate reserves the right to request information to assess your eligibility to offer your tutoring services, and Arabic Mate may accept or deny your request for any reason or no reason in Aeabic Mate’s sole discretion.
Services To Be Performed. If you are accepted as a Tutor on the Platform, you will be eligible to provide tutoring services through the Platform to Students. You agree to use your best efforts in the performance of your tutoring services, and you further agree to cooperate with Arabic Mate’s personnel, not to interfere with the conduct of Arabic Mate’s business, and to observe all Arabic Mate rules, regulations and security requirements with respect to the safety and safeguarding of persons and property.
Modifications and Termination of Accounts or the Platform
Platform. Arabic Mate may make changes to or discontinue any of the media, products or services available within the Platform at any time, and without notice. The media, products or services on the Platform may be out of date, and Arabic Mate makes no commitment to update these materials on the Platform. We may modify the Platform or terminate access to the Platform without prior notice, and you agree that Arabic Mate shall not be liable to you or any third party for any such termination.
Account. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Arabic Mate support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken. You may cancel your use of the Platform and/or terminate your account at any time by emailing us. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform unless otherwise required under applicable law. If we terminate the account of a Tutor, the applicable Tutor shall be entitled to payment for tutoring services performed by the Tutor prior to the effective date of termination, payable within sixty (60) days of termination. Such payment shall constitute full settlement of any and all claims of Tutor of every description against Arabic Mate.
Third-Party Links and Resources
The Platform may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by Arabic Mate. Arabic Mate is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by Arabic Mate, and Arabic Mate does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Platform, you do so at your own risk, and you understand that this Agreement and Arabic Mates Privacy Policy do not apply to your use of such links. You expressly relieve Arabic Mate from any and all liability arising from your use of any third- party website, service, or content. You acknowledge and agree that Arabic Mate is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Disclaimers; No Warranties
THE PLATFORM AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARABIC MATE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
ARABIC MATE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, SITE, APP OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ARABIC MATE, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Arabic Mate NOR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify and hold Arabic Mate, and its affiliated companies, and its suppliers, licensors and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Platform, violation of the rights of any other person or entity, or any breach of this Agreement.
Tutor shall further be solely liable for, and shall indemnify, defend and hold harmless -Arabic Mate and its successors and assigns from and against any claim or liability of any kind (including penalties, fees or charges) resulting from Tutor’s failure to pay the taxes, penalties, and payments due under this Agreement, including the Tutor Addendum. Tutor shall further indemnify, defend and hold harmless Arabic Mate and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on his part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against Arabic Mate relating to or arising out of the activities of Tutor and Tutor shall pay reasonable attorneys' fees, costs and expenses incident thereto.
Arabic Mate reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Apple iOS
If you access our Platform using a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:
the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
the terms of this Agreement are between you and Arabic Mate, and not with Apple;
Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Arabic Mate, not Apple;
except as otherwise expressly set forth in this Agreement, any claims relating to the possession or use of the iOS App are between you and Arabic Mate (and not between you, or anyone else, and Apple);
in the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
although this Agreement entered into between you and Arabic Mate (and not Apple), Apple, as a third-party beneficiary under this Agreement, will have the right to enforce these terms against you.
Google App.
If you access our Platform on a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Arabic Mate only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Arabic Mate, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Arabic Mate’s Google-Sourced Software.