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Negate Terms and Conditions

1, Acceptance of Terms

This agreement is between you ("you"), a user of the Services, and NEGATE, the owner and operator of the NEGATE site, NEGATE software, and NEGATE Content (collectively referred to as the "Services"). By subscribing to the Services and using them, you acknowledge, accept, and agree to the Terms and Conditions of the Services ("Terms") outlined at www.THE1-App.com/. These Terms, as stated in paragraph 13, constitute a binding agreement between you and NEGATE. If you do not agree to the Terms, you may not use the Services. The Terms are applicable to all users of all NEGATE Services.

Please read these Terms in conjunction with our Privacy Policy, available at www.negate.com/privacypolicy/.

 

2, Accessing NEGATE Services

2.1. By agreeing to these Terms, you are granted permission by NEGATE to use the Services, on the condition that: (i) you use the Services solely for personal purposes; (ii) you do not duplicate, transfer, copy, distribute, or provide access to any part of the Services or its content without prior written authorization from NEGATE; (iii) you do not attempt to modify any part of the Services or its content; and (iv) you comply with the Terms and Privacy Policy, which may be updated periodically.

2.2. To access and use the Services, you acknowledge that you must provide NEGATE with your phone number. By subscribing and using the Services, you consent for NEGATE to periodically access your contact list and/or address book on your mobile device to find and keep track of other users' phone numbers. You must provide accurate and complete information when providing your phone number. You are not allowed to use someone else's phone number without their permission. NEGATE does not collect addresses or email addresses; only mobile phone numbers.

2.3. If there is any breach of security or unauthorized use of your phone, you must inform NEGATE immediately. NEGATE will not be held responsible for any losses incurred due to unauthorized use of your account or phone, but you may be held liable for losses incurred by NEGATE or others as a result of such unauthorized use.

2.4. By agreeing to use the Services, you agree: (a) not to use the Services for illegal purposes or purposes they are not intended for; (b) to comply with age restrictions applicable to the Services; (c) not to engage in any activity that exploits children or promotes violence, terrorism, extremism, or hate; (d) not to engage in any activity that involves misrepresentation, fraud, or manipulation; (e) not to harm the reputation of NEGATE, its Services, intellectual property, software, or hardware, and not to hack, alter, or reverse engineer the systems or software; (f) not to transmit any viruses or bugs that may affect the Services or facilities; (g) not to infringe on the intellectual property rights of others by sharing content that may infringe third-party copyrights (registered or unregistered); (h) not to publicly display or share inappropriate content or material (such as nudity, pornography, offensive language, graphic violence, or criminal activity); (i) not to engage in phishing or send unsolicited communication to others, or violate their privacy rules, such as through marketing or spamming via contact requests, messages, or calls; (j) not to promote, support, or encourage illegal consumption of alcohol or tobacco; (k) not to attempt to bypass any access restrictions or availability of the Services; and (l) not to use any automated system or load testing tools that send more request messages to NEGATE servers in a given time period than a human can reasonably generate using a NEGATE application, and not to extract digital content unless explicitly allowed. However, public search engines are permitted to use spiders to copy content from the NEGATE website to create publicly available searchable indices, excluding caches or archives. NEGATE reserves the right to revoke these exceptions. Any efforts to reverse-engineer systems, protocols, or explore beyond the normal requests made by NEGATE users are not allowed. You must obtain permission from NEGATE before measuring, testing, health checking, or monitoring any network equipment, servers, or assets hosted on the Services. You also agree not to collect or harvest any personally identifiable information, including account names, from the Services.

2.5. To access paid services, you must comply with the applicable third-party terms and conditions relating to payment processing services, as described in the "Third Party Content and Services" section below.

3. Paid Features

3.1 Some features of our Services, such as accessing premium content, may require payment. If you decide to purchase these features, you give us or a third-party payment processor permission to charge the payment method you provide for the applicable fee. Please note that all fees are non-refundable.

3.2 NEGATE offers auto-renewing monthly and yearly in-app subscriptions for a premium ad-free experience. Once you purchase and use these features, or if you cancel your account before using all of them, you will not be eligible for a refund. We reserve the right to terminate or suspend your access to paid features at any time and for any reason, without any liability.

3.3 We may change the price of our paid features at any time. If you have a subscription with a fixed end date, you can continue to enjoy the benefits of these features until the end of the subscription period without any changes. If you do not agree to the new price at which the paid features are offered, you are not obligated to renew or extend your subscription.

3.4 If any payment is required for any features of our Services, it will be processed through a third-party payment facility provider. We are not responsible for any errors, failures, or other issues that may occur during the payment process, including the transmission or receipt of payment-related data. We do not have access to such data and processes, nor do we collect or store any payment-related information. If you encounter any problems with processing your payment, please contact us at

info@negate.com.

 

4, Mobile Top-Up

4.1 To complete a mobile top-up, you will need to provide certain information, including the recipient's mobile phone number, the desired top-up amount, and confirm the mobile operator. To ensure accuracy, NEGATE will ask you to verify the recipient details you have entered. It is your responsibility to input the correct information. The total amount to be paid, including taxes and charges, will be clearly displayed before confirming the transaction. Proceeding with the transaction is optional at this point. The cost of the top-up will vary depending on the chosen denomination displayed on the application. Due to foreign exchange rates, the actual amount charged may slightly differ at the time of settlement. Additionally, a secure online processing fee may be charged for the top-up. If you decide to send an optional SMS to the recipient, your telecommunications service provider may apply an additional message fee.

4.2 Upon successful payment, NEGATE will provide the Services through the mobile operator. There may be a short delay before the recipient can access the services after payment. If you have provided contact details, NEGATE will send you a confirmation message with details of the available Services once the transaction is successfully completed. You acknowledge that NEGATE only acts on your authorization to send the top-up to the designated phone number and that the mobile services related to the top-up are the responsibility of the third-party telecommunication services provider. Once a top-up is completed, it cannot be refunded or reversed. Please be aware that there may be limits on the number and value of top-up services that can be purchased or received within a specific time period. Additional limitations and exclusions may apply to the use of the application from time to time.

5, Third Party Content and Services

5.1 The Services may contain information provided or shared by users that include links to third-party websites. NEGATE does not own or control these websites and is not responsible for their content, privacy policies, or practices. NEGATE cannot edit or censor the content of third-party sites and explicitly disclaims any liability for damages or claims arising from the use of such websites.

5.2 NEGATE allows third parties to advertise their services and for users to utilize these services through the NEGATE application. Additionally, NEGATE may incorporate Programs within the Services. These Programs are sub-applications within the NEGATE application. NEGATE may also provide other types of content or news through the Services. NEGATE does not endorse, support, or guarantee the lawfulness, accuracy, reliability, functionality, or relevance of these news, advertisements, third-party services, Programs, or content. You acknowledge that using the Services may expose you to inaccurate, misleading, defamatory, offensive, hurtful, or unlawful content. Any reliance on such content is at your own risk, and you release NEGATE from any liability related to third-party content accessed through the Services. NEGATE is not responsible or liable for the performance of third parties advertising services on the NEGATE application. Any complaints or issues with content or services obtained from third parties should be directed to the third party, not against NEGATE. Your use of the Services does not grant you any rights to third-party content accessed through the Services.

5.3 NEGATE does not guarantee the quality, reliability, or suitability of third-party services, programs (including those available on the NEGATE application), or websites linked or advertised through the Services. NEGATE is not responsible for your relationship with these third party providers, programs, or websites, including any payment obligations or fees you may incur.

5.4 NEGATE may review content (including user-generated content), third-party programs, or services made available through the NEGATE application to ensure compliance with NEGATE policies, applicable laws, and objectionable content. NEGATE reserves the right to remove or refuse to make available or link to content or third-party programs or services that infringe intellectual property rights, are obscene, defamatory, abusive, or pose a risk to the security or performance of the Services.

5.5 There may be third-party content, programs, or services on the NEGATE application that are subject to additional terms from the respective third party. You are responsible for reviewing and complying with these third-party terms and conditions, which could include terms related to content creation, promotional activities, using third-party services with NEGATE login functionality, or terms governing the use of third-party Programs.

5.6 NEGATE has the discretion to remove content, programs, or services within the NEGATE Services (including associated platforms or services) without prior notice, in accordance with these Terms.

6, User Status Submissions and Direct Messages

6.1 Users can submit User Status Submissions and Direct Messages using NEGATE Services. In these Terms, "User Status Submission" refers to status message text, profile photo, and other forms of communication (excluding Direct Messages) that you submit, as well as the automated submission of your "last seen" status. You are solely responsible for any User Status Submissions displayed for your phone number. "Direct Messages" refers to text, voice, photo, video, location, and contact information messages that you send directly to other users or groups on the Services.

6.2 User Status Submissions and Direct Messages may be hosted, shared, and/or published as part of the Services, and may be visible to other users of the Services who have your mobile phone number saved and have not been blocked by you. Direct Messages can only be viewed by the users or groups you directly send them to, while User Status Submissions may be viewed globally by users of the Services who have your mobile phone number, unless you have blocked them.

6.3 Currently, NEGATE does not offer different levels of visibility for User Status Submissions among users who have your mobile phone number. You acknowledge that any User Status Submissions may be viewed globally by other users who have your mobile phone number. Therefore, you should avoid submitting User Status Submissions that you do not want to be seen globally. The submission of your "last seen" status is automatic. As explained in the following section, you retain ownership rights to your User Status Submissions. You understand that even if your User Status Submissions are published, NEGATE does not guarantee confidentiality for these submissions.

6.4 You are solely responsible for your own User Status Submissions and Direct Messages and the consequences of posting or publishing them. NEGATE acts as a data repository, and User Status Submissions and Direct Messages do not represent the views or opinions of NEGATE. NEGATE makes no guarantees regarding the validity, accuracy, or legal status of any User Status Submissions or Direct Messages. When making your User Status Submissions and Direct Messages available on the Services, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NEGATE to use your User Status Submissions and Direct Messages, including any patent, trademark, trade secret, copyright, or other proprietary rights, as needed for the Services and these Terms; and (ii) you have obtained written consent, release, and/or permission from each identifiable individual person in your User Status Submissions and Direct Messages to use their name or likeness for inclusion and use in the Services, in accordance with the Service and these Terms. It is important to note that while you retain ownership rights to your User Status Submissions and Direct Messages, you must have the full rights to submit them in the first place. By submitting your User Status Submissions to NEGATE, you grant NEGATE a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform your User Status Submissions in connection with the Services and NEGATE's business, including promoting and redistributing the Services (and derivative works) through various media formats and channels. Additionally, you grant each subscriber of NEGATE Services a non-exclusive license to access your User Status Submissions through the Services. This license granted by you terminates once you remove or delete a User Status Submission from the Services.

6.5 In relation to User Status Submissions and Direct Messages, you agree not to: (i) submit material that is copyrighted, protected by trade secret, or subject to third-party proprietary rights (including privacy and publicity rights) unless you are the rightful owner or have legal permission from the owner to post the material and grant NEGATE the license rights specified herein; (ii) publish falsehoods or misrepresentations that could harm NEGATE or any third party; (iii) submit unlawful material or material that contains adult content, obscenities, or

Please refrain from engaging in any behavior that is defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages criminal behavior, civil liability, violation of laws, or any other inappropriate conduct. Also, avoid impersonating others, sending or storing harmful computer code or viruses, disrupting the integrity or performance of the Services, attempting unauthorized access to the Services or its systems, and violating the obligations outlined in paragraph 2.4 of these Terms.

NEGATE does not endorse any User Status Submission or Direct Message, including opinions, recommendations, or advice expressed therein. NEGATE explicitly disclaims any liability associated with User Status Submissions and/or Direct Messages. Additionally, NEGATE does not tolerate copyright infringement or violations of intellectual property rights on its Services. If properly notified, NEGATE will promptly remove any User Status Submission or Direct Message that infringes on another person's intellectual property rights. Repeat infringers, who continuously submit inappropriate or infringing content, may have their access to the Services terminated. NEGATE reserves the right to determine the appropriateness and compliance of a User Status Submission or Direct Message with these Terms, the law, and other NEGATE policies. Such content may be removed, and a user's access may be terminated without prior notice at NEGATE's sole discretion.

By using the Services, you acknowledge that you may encounter User Status Submissions and Direct Messages from various sources. NEGATE is not responsible for the accuracy, usefulness, safety, or intellectual property rights related to such content. You understand that some User Status Submissions and Direct Messages may be inaccurate, offensive, indecent, or objectionable. You agree to waive any legal or equitable rights or remedies you may have against NEGATE in relation to such content and indemnify and hold NEGATE, its officers, directors, employees, agents, affiliates, and licensors harmless to the extent permitted by law regarding your use of the Services.

7. Intellectual Property Rights

7.1 The ownership or licensing of NEGATE Services, including text, scripts, graphics, and interactive features (referred to as "NEGATE Content"), as well as the trademarks, service marks, and logos (referred to as "Marks") contained in NEGATE Services, are subject to copyright and other intellectual property laws. The software used by NEGATE to provide the Services is the sole property of NEGATE, and using the Marks or NEGATE Content does not grant any rights to the software. You are not allowed to bypass any technological protection measures or engage in activities such as disassembling, decompiling, hacking, exploiting, or reverse engineering any software related to NEGATE. You are granted a limited license to use the Marks and NEGATE Content for personal purposes while using the Services. The Services and NEGATE Content are provided "as is" for your personal use, and NEGATE reserves all rights not expressly granted in these Terms.

7.2 You agree to only use the Marks, Services, and NEGATE Content for the intended purposes of the Services and not for any other purposes. This includes refraining from copying, distributing, or exploiting the Marks, Services, NEGATE Content, or User Status Submissions of other users. You also agree not to infringe upon the intellectual property rights of others and acknowledge that the content within the Services may contain such rights. NEGATE is not responsible for any improper use of the NEGATE Content that infringes upon the rights of others.

 

8, Copyright Complaints

NEGATE recognizes and respects the rights of intellectual property of others, and we expect our users to do the same. If you believe that your work has been copied or your intellectual property rights have been violated, please follow the procedure outlined below to notify NEGATE. We will investigate any alleged infringement to the best of our ability. To be considered, your notification must be in writing and include the following information:
(a) An electronic or physical signature of the authorized person acting on behalf of the copyright or intellectual property owner.
(b) A description of the copyrighted work or intellectual property that you claim has been infringed.
(c) Sufficient details about the location of the allegedly infringing material on the NEGATE Services for us to locate it.
(d) Your contact information including telephone number and email address.
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
(f) A statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on their behalf.

If, after reviewing the complaint, NEGATE determines that the copyright notice is valid, we may take necessary actions as permitted by law, including blocking access to the Services, blocking transmission of content, or terminating any subscription associated with the alleged infringement. To report a claim of copyright infringement, please email NEGATE at: info@negate.com, providing relevant evidence.

9, Warranty Disclaimer and Limitation of Liability

By using the Services, you agree that you do so at your own risk and "as available." NEGATE, its affiliates, subsidiaries, officers, directors, employees, representatives, and agents disclaim all warranties, express or implied, in connection with the Services and your use of them. NEGATE does not guarantee the accuracy or completeness of the Services' content and assumes no liability or responsibility for:
(i) Errors, mistakes, or inaccuracies in the content.
(ii) Personal injury or property damage resulting from accessing or using the Services.
(iii) Unauthorized access to or use of our servers, personal infor
mation, or financial information.
(iv) Interruption or cessation of transmission to or from the Services.
(v) Bugs, viruses, trojan horses, or any other harmful elements transmitted through the Services by third parties.
(vi) Errors or omissions in any content, or any loss or damage incurred as a result of using content posted, emailed, transmitted, or made available through the Services.
(vii) Breaches of intellectual property rights.

NEGATE does not endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Services, or any hyperlinked websites or features. NEGATE is not responsible for monitoring transactions between you and third-party providers. When making a purchase, exercise caution, diligence, and common sense.

Clause 10 of the agreement outlines the Limitation of Liability for NEGATE and its affiliates, subsidiaries, officers, directors, employees, representatives or agents with regards to your use of NEGATE services. You agree that NEGATE shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from various events including, but not limited to: errors or inaccuracies of content, personal injury or property damages resulting from your use of NEGATE services, unauthorized access to any personal or financial information, interruption or cessation of transmission to or from NEGATE servers, bugs, viruses or the like, errors or omissions in posted content, or the disclosure of information pursuant to these Terms or the Privacy Policy. You acknowledge that the maximum liability of the NEGATE group of companies for all claims during your relationship with them, except for any other losses or damages for which they are found liable, will be USD100. You also acknowledge and agree that NEGATE shall not be liable for any User Status Submissions or the defamatory, offensive or illegal conduct of any third party. You agree not to use NEGATE services while operating a motor vehicle or in situations where injury, death or economic damage could occur. NEGATE services may be unavailable from time to time, may have limited availability or may vary depending on your region or device. While NEGATE tries to keep their services available at all times, interruptions or loss of data may occur, and NEGATE will not be liable for any inconvenience caused by such events.

10, Indemnification

You agree to protect, compensate, and hold harmless NEGATE, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees) arising from: (i) your use of and access to the NEGATE Services; (ii) your violation of these Terms and the Privacy Policy; (iii) your violation of any third-party rights, including but not limited to copyright, property, or privacy rights; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will remain in effect throughout your use of the Services.

11, Termination and Cancellation

11.1 You have the option to discontinue using the Services at any time. For Services that require separate payment, you may cancel them at any time, with or without cause. Cancellation will be effective at the end of the subscription period and current billing cycle. No refunds will be provided for any subscribed services, regardless of the reason.

11.2 If NEGATE determines that you have violated any of the Terms or the Privacy Policy, it may immediately cease providing the Services to you and block your access to your account or subscription. During the investigation of any potential infringement, NEGATE may access Your Content (as defined in the Privacy Policy) for the purpose of the investigation and block any transmission that violates the Terms and the Privacy Policy.

12, Acceptance of Terms of Service

12.1 For the purposes of these Terms, the agreement is made between you and NEGATE FZC LLC, a limited liability company incorporated in the Ajman Media City Free Zone, Dubai, UAE ("NEGATE"), which, along with its affiliates, is the developer, owner, and operator of NEGATE and NEGATE Services. By using the Services, you accept and agree to be bound by these Terms. You represent that you have reached the legal age of maturity in the jurisdiction where you are a resident under applicable laws, or that your parent or legal guardian (by granting you access to the Services) agrees to be bound by these Terms on your behalf. If you are unsure if you have reached the legal age of maturity, please consult with your parent or legal guardian. If you are a parent or legal guardian and you provide or make NEGATE Services available to a person, both you and the minor or person under guardianship (if applicable) jointly and severally accept and agree to be bound by these Terms to the fullest extent legally possible. However, only you, as the legally responsible legal guardian or parent, are fully liable for the use of the Services (including any purchases) by the minor or person under guardianship. Minors or persons with limited capacity to contract under the law of their country of residency are not allowed to use the Services without the consent of a parent or legal guardian, who assumes full liability under these Terms and the Privacy Policy.

12.2 Furthermore, you represent and warrant that you are not an entity or person: (a) listed in the UAE Committee for Goods and Material Subjected to Import and Export Control Sanction List; or (b) listed in the United Nations Security Council sanction list; or (c) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

13, Privacy Policy

To use our Services, it is necessary for us to collect, store, use, share, and process your personal data. This enables us to provide you with a personalized and seamless experience1. If you would like to learn more about the specific reasons and methods behind the collection and processing of your personal data, we encourage you to review our Privacy Policy1. You can find our Privacy Policy at the following URL: 1.

Our Privacy Policy also contains valuable information about your rights regarding your personal data and how you can exercise those rights1.

Sources:
More information about our data collection and processing practices can be found in our Privacy Policy: https://www.negate.com/privacy-policy

14, Updates to the Software, Services, and Terms

14.1 NEGATE reserves the right to modify or amend these Terms at any time. It is your responsibility to periodically review these Terms for any changes. If you do not agree to the updated Terms, your only option is to stop using the Services. By continuing to use the Services after any amendments to these Terms, you indicate your acceptance of the revised terms.

14.2 NEGATE can make changes to the Services and update the software. These changes may be implemented automatically or may require you to download or update the software version. It may also be necessary to remove certain features or functionalities of the Services, discontinue aspects of the Services, or cease providing the Services altogether. NEGATE is not liable to any person for such changes.

15, Choice of Law and Dispute Resolution

15.1 These Terms are governed by the laws of the Lebanon.

15.2 Both you and NEGATE agree that any disputes, controversies, or claims (including non-contractual disputes) arising from or relating to these Terms, including any questions about the validity, interpretation, performance, termination, or any aspect of the Services and Terms, shall be exclusively heard, settled, and determined by the courts of Lebanon. Both you and NEGATE submit to the jurisdiction of the Lebanon. However, this paragraph does not restrict NEGATE's right to bring proceedings against you in any other court with competent jurisdiction (for example, in your country of residence). The filing or continuation of proceedings in one or more jurisdictions does not prevent the filing of proceedings in any other jurisdiction, concurrently or otherwise, to the extent permitted by applicable law.

15.3 Both you and NEGATE agree that any cause of action related to NEGATE Services must be initiated within one (1) year from when the cause of action arises. Failure to do so permanently bars the cause of action.

16, General

16.1 These Terms, along with any other legal notices or policies published by NEGATE and applicable to you, constitute the complete agreement between you and NEGATE regarding the NEGATE Services.

16.2 If a court of competent jurisdiction deems any provision of these Terms invalid, it will not affect the validity of the remaining provisions, which will continue to be fully effective.

16.3 You are not allowed to transfer or assign these Terms, including any rights and licenses granted under them. However, NEGATE can assign these Terms without any restrictions.

16.4 Waiving any term of these Terms will not imply waiving any other term, and NEGATE's failure to assert a right or provision under these Terms does not waive that right or provision.

16.5 If you need to contact NEGATE to discuss any part of these Terms, make a complaint, or provide a suggestion, please reach out to NEGATE at info@negate.com/.

16.6 If you encounter any issues or require assistance accessing NEGATE Services, you can first visit the NEGATE Site at www.negate.com/. If you cannot find an answer to your query and the issue persists, you can either use the "contact us" function on the NEGATE Site or directly email the NEGATE support team at info@negate.com/.

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