Effective as of May 13th, 2019.
Thanks for choosing Kitab Sawti (“Kitab Sawti”, “we”, “us”, “our”). By signing up or otherwise using the Kitab Sawti service, websites, and software applications (together, the “Kitab Sawti Service” or “Service”), or accessing any content or material that is made available by Kitab Sawti through the Service (the “Content”) you are entering into a binding contract with Kitab Sawti AB.
The Kitab Sawti Service includes social and interactive features. Use of the Kitab Sawti Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about Kitab Sawti Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, automatic renewals, limitations of liability, and privacy information.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Kitab Sawti Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Kitab Sawti is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through [email protected].
3. Using Kitab Sawti
Here’s some information about all the ways you can enjoy Kitab Sawti.
3.1 Our Services & Paid Subscriptions
Kitab Sawti provides streaming services offering a selection of audiobooks and other content. Certain Kitab Sawti services are provided to you free-of-charge. Other Kitab Sawti services require payment before you can access them. The Kitab Sawti services that may be accessed after payment are currently referred to as the “Premium Service”. The Kitab Sawti service that does not require payment is currently referred to as the “Free Service”.
3.2 Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Kitab Sawti for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Kitab Sawti reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING WEEKLY, MONTHLY OR ANNUAL BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION OR TERMINATE YOUR KITAB SAWTI ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION OR TERMINATE YOUR KITAB SAWTI ACCOUNT BEFORE THE END OF THE RECURRING PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, KITAB SAWTI WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
3.4 Offline listening
Kitab Sawti offers the possibility to save an audiobook on your device for listening offline when there is no Internet connection available. This feature is available for Kitab Sawti Gold subscribers only. It is possible to have at most 15 audiobooks saved offline on your device at the same time. To save additional books, you must first remove previously saved audiobooks to make room for the next one.
Please note, it is forbidden and a violation against these Terms to try to extract, modify or otherwise manipulate any content related to the Kitab Sawti service, including the audio files intended for offline use that are saved on your device. Please see section 8. User Guidelines for more information.
4. Rights we grant you
The Kitab Sawti Service and the Content are the property of Kitab Sawti or Kitab Sawti's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Kitab Sawti Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Kitab Sawti. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Kitab Sawti Service or the Content.
The Kitab Sawti software applications and the Content are licensed, not sold, to you, and Kitab Sawti and its licensors retain ownership of all copies of the Kitab Sawti software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Kitab Sawti trademarks, service marks, trade names, logos, domain names, and any other features of the Kitab Sawti brand (“Kitab Sawti Brand Features”) are the sole property of Kitab Sawti or its licensors. The Agreements do not grant you any rights to use any Kitab Sawti Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Kitab Sawti Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Kitab Sawti grants no right, title, or interest to you in the Kitab Sawti Service or Content.
The Kitab Sawti Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Kitab Sawti does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.Third party software (for example, open source software libraries) included in the Kitab Sawti Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5. Third Party Applications
The Kitab Sawti Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Kitab Sawti does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6. User-Generated Content
Kitab Sawti users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, ratings, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Kitab Sawti Service.
You promise that, with respect to any User Content you post on Kitab Sawti, (1) you have the right to post such User Content, and (2) such User Content, or its use by Kitab Sawti as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Kitab Sawti or any author, publisher, entity or individual without express written consent from such individual or entity.
Kitab Sawti may, but has no obligation to, monitor, review, or edit User Content. In all cases, Kitab Sawti reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Kitab Sawti’s sole discretion, violates the Agreements. Kitab Sawti may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Kitab Sawti is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST KITAB SAWTI RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD KITAB SAWTI HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7. Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Kitab Sawti Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Kitab Sawti Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by Kitab Sawti may contain advertising as part of the Content. In such cases, Kitab Sawti will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Kitab Sawti in connection with the Kitab Sawti Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Kitab Sawti to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Kitab Sawti a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8. User guidelines
Kitab Sawti respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Kitab Sawti stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Kitab Sawti Service or the Content, or otherwise making any use of the Kitab Sawti Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Kitab Sawti Service or the Content or any part of it;
using the Kitab Sawti Service to import or copy any local files you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Kitab Sawti Service, Content or any part thereof unless permitted by applicable law;
circumventing any technology used by Kitab Sawti, its licensors, or any third party to protect the Content or the Service;
selling, renting, sublicensing or leasing of any part of the Kitab Sawti Service or the Content;
circumventing any territorial restrictions applied by Kitab Sawti or it licensors;
artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Kitab Sawti Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
providing your password to any other person or using any other person’s username and password;
“crawling” the Kitab Sawti Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Kitab Sawti; or
selling a user account, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or the content included on an account.
Please respect Kitab Sawti, the owners of the Content, and other users of the Kitab Sawti Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Kitab Sawti or a third party;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Kitab Sawti;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Kitab Sawti;
interferes with or in any way disrupts the Kitab Sawti Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Kitab Sawti’s computer systems, network, usage rules, or any of Kitab Sawti’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by Kitab Sawti.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Kitab Sawti account.
Please be thoughtful about how you use the Kitab Sawti Service and what you share. The Kitab Sawti Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Kitab Sawti or across the web, so please use Kitab Sawti carefully and be mindful of your account settings. Kitab Sawti has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Infringement and reporting User Content
Kitab Sawti respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact Kitab Sawti’s and include as much information as possible. If Kitab Sawti is notified by a copyright holder that any Content infringes a copyright, Kitab Sawti may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Kitab Sawti with a request to restore the removed content.
10. Service limitations and modifications
Kitab Sawti will make reasonable efforts to keep the Kitab Sawti Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Kitab Sawti reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Kitab Sawti Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Kitab Sawti Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Kitab Sawti permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), Kitab Sawti will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Kitab Sawti has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Kitab Sawti and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11. Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department by email to [email protected]. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
12. Payments and cancellations
Paid Subscriptions can be purchased directly from Kitab Sawti. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Kitab Sawti Premium immediately.
Your payment to Kitab Sawti will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to Kitab Sawti, please contact Customer support.
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party. Kitab Sawti may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Kitab Sawti Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Kitab Sawti Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
13. Term and termination
The Agreements will continue to apply to you until terminated by either you or Kitab Sawti. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Kitab Sawti may terminate the Agreements or suspend your access to the Kitab Sawti Service at any time, including in the event of your actual or suspected unauthorised use of the Kitab Sawti Service and/or Content, or non-compliance with the Agreements. If you or Kitab Sawti terminate the Agreements, or if Kitab Sawti suspends your access to the Kitab Sawti Service, you agree that Kitab Sawti shall have no liability or responsibility to you, and Kitab Sawti will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Kitab Sawti account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6, 7, 8, 10, 13, 14, 15, 16, 17, 18, 19, 20, and 21 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
14. Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE KITAB SAWTI SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE KITAB SAWTI SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KITAB SAWTI AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER KITAB SAWTI NOR ANY OWNER OF CONTENT WARRANTS THAT THE KITAB SAWTI SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, KITAB SAWTI MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE KITAB SAWTI SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT KITAB SAWTI IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE KITAB SAWTI SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM KITAB SAWTI SHALL CREATE ANY WARRANTY ON BEHALF OF KITAB SAWTI IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
15. Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE KITAB SAWTI SERVICE IS TO UNINSTALL ANY KITAB SAWTI SOFTWARE AND TO STOP USING THE KITAB SAWTI SERVICE. WHILE KITAB SAWTI ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO KITAB SAWTI, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KITAB SAWTI, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE KITAB SAWTI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER KITAB SAWTI HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE KITAB SAWTI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO KITAB SAWTI DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Kitab Sawti’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST KITAB SAWTI MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
16. Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Kitab Sawti, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
17. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Kitab Sawti, the Agreements constitute all the terms and conditions agreed upon between you and Kitab Sawti and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Kitab Sawti Service may be governed by additional agreements. That could include, for example, access to the Kitab Sawti Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
18. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Kitab Sawti or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Kitab Sawti’s or the applicable third party beneficiary’s right to do so.
Kitab Sawti may assign the Agreements or any part of them, and Kitab Sawti may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Kitab Sawti harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Kitab Sawti Service; and (4) your violation of any law or the rights of a third party.
21. Choice of law
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Sweden, without regard to choice or conflicts of law principles.
Further, you and Kitab Sawti agree to the jurisdiction of Sweden to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).
Kitab Sawti does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
22. Contact us
If you have any questions concerning the Kitab Sawti Service or the Agreements, please contact Kitab Sawti Customer Service by email at [email protected].
Thank you for reading our Terms. We hope you enjoy Kitab Sawti!