Terms of Use

1. Acknowledgement

These Terms of Use constitute an agreement between you ("End-User") and Kitaby LTD ("we," "us," or "our") only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Kitaby LTD, not Apple or Google, is solely responsible for OpenAyah ("Licensed Application") and its content.

These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service as of the date you accepted these Terms.

2. Eligibility

To use OpenAyah, you must:

• Be at least 13 years of age (or 16 in the European Economic Area)
• If under 18, have permission from a parent or legal guardian
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the App under applicable laws

By using the App, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

3.1 Creating an Account

OpenAyah does not require an account to use any free or premium features. An account is only required for cloud backup and sync. You can sign up using:

• Apple Sign-In (with optional private relay for email privacy)
• Google Sign-In
• Email magic link (passwordless authentication)

3.2 Account Responsibilities

When you create an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.3 Account Deletion

You may delete your account at any time through:

• In-app: Settings > Account > Delete Account
• Email: Contact [email protected]

4. License

4.1 Scope of License

Kitaby LTD grants you a limited, non-exclusive, non-transferable, revocable licence to use OpenAyah on any Apple-branded products or Android devices that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions or the Google Play Terms of Service.

The Licensed Application may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing programmes.

4.2 Restrictions

You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time beyond what is permitted by the applicable platform's usage rules. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application.

5. App Description and Features

5.1 What OpenAyah Provides

OpenAyah is an Islamic reading companion that provides Quran reading, study, and audio recitation features.

5.2 Free Features

The following features are available to all users at no cost:

• Full Quran text in Arabic and English
• Bookmarks and notes
• Search across the Quran
• Reading progress tracking
• Audio recitation

5.3 OpenAyah Pro (Premium Subscription)

The following features require an active OpenAyah Pro subscription:

• Word-by-word translation
• Tafsir access
• Audio recitation with word-level sync
• Focused reading tools
• Cloud backup and sync

5.4 Offline Functionality

OpenAyah is designed to work offline. Most reading features work without an internet connection. Internet is required for account sign-in, syncing, and audio streaming.

6. Subscriptions and Payments

6.1 Subscription Terms

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• You can manage and cancel subscriptions in your device's account settings
• Free trial periods will automatically convert to paid subscriptions unless cancelled

6.2 Refunds

Refund requests must be directed to Apple or Google, as they handle all payment processing:

• Apple: Request a refund from Apple
• Google: Request a refund from Google Play

7. Maintenance and Support

Kitaby LTD is solely responsible for providing any maintenance and support services with respect to OpenAyah. You can contact us at [email protected] for any support enquiries.

You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to OpenAyah.

8. User Content

8.1 Your Content

"User Content" refers to any content you create within the App, including bookmarks, personal notes, and reading goals.

8.2 Ownership

You retain ownership of your User Content. By creating User Content in OpenAyah, you grant us a limited license to store and sync your content solely to provide you with the App's functionality.

9. Intellectual Property

9.1 App Ownership

The OpenAyah application, including its design, user interface, code, features, and branding, is owned by Kitaby LTD and protected by intellectual property laws.

9.2 Religious Content

The Quran text is religious scripture that belongs to humanity. Our presentation, formatting, translations, and curation represent our intellectual property. The underlying religious text itself is not claimed as proprietary.

9.3 Third-Party Intellectual Property Claims

You and Kitaby LTD acknowledge that, in the event of any third-party claim that OpenAyah or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Kitaby LTD, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

10. Acceptable Use

You agree to use OpenAyah only for lawful purposes and in accordance with these Terms. Acceptable uses include:

• Personal reading, study, and memorization of the Quran
• Tracking your personal reading progress
• Creating bookmarks and notes for personal reference
• Listening to Quran recitations for personal spiritual benefit

11. Prohibited Conduct

You agree NOT to:

• Reverse engineer: Decompile, disassemble, or attempt to derive the source code
• Scrape or bulk download: Use automated means to extract content
• Circumvent security: Attempt to bypass any security measures
• Interfere with the App: Introduce viruses or disrupt functionality
• Commercial exploitation: Use content for commercial purposes without permission
• Violate laws: Use the App for any illegal purpose

12. Third-Party Services

OpenAyah uses the following third-party services:

When using OpenAyah, you must comply with any applicable third-party terms of agreement. This includes, but is not limited to, your wireless data service agreement and the terms of service of any platform through which you downloaded the App (such as the Apple Media Services Terms and Conditions or the Google Play Terms of Service).

13. Disclaimers and Warranty

13.1 "As Is" Basis

13.2 No Religious Authority

OpenAyah is a reading and study tool, not a religious authority. For authoritative religious guidance, please consult qualified Islamic scholars.

13.3 Content Accuracy

While we strive to ensure accuracy of the Quran text, we encourage verification with physical Mushafs for critical study.

13.4 Apple Warranty Disclaimer

Kitaby LTD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of OpenAyah to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to OpenAyah, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Kitaby LTD's sole responsibility.

14. Product Claims

You and Kitaby LTD acknowledge that Kitaby LTD, not Apple, is responsible for addressing any claims you or any third party may have relating to OpenAyah or your possession and/or use of the Licensed Application, including but not limited to:

• Product liability claims
• Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection, privacy, or similar legislation

15. Limitation of Liability

To the maximum extent permitted by applicable law:

• Kitaby LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim (or £50, whichever is greater)

16. Legal Compliance

By using OpenAyah, you represent and warrant that:

• You are not 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
• You are not listed on any U.S. Government list of prohibited or restricted parties

17. Termination

17.1 Termination by You

You may stop using OpenAyah at any time by uninstalling the App and deleting your account.

17.2 Termination by Us

We reserve the right to suspend or terminate your access at any time for violation of these Terms, fraudulent activity, or conduct that harms other users.

18. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date and notify you via email or in-app notification. Continued use constitutes acceptance of the new Terms.

19. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be resolved in the courts of England and Wales, except where prohibited by law.

20. Third-Party Beneficiary

You and Kitaby LTD acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

21. Indemnification

You agree to indemnify, defend, and hold harmless Kitaby LTD, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to OpenAyah
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights

22. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kitaby LTD regarding your use of OpenAyah. They supersede all prior agreements, understandings, and arrangements between you and Kitaby LTD, whether written or oral.

23. Severability, Waiver and Assignment

Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

Waiver: The failure of Kitaby LTD to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Kitaby LTD may assign its rights and obligations to any affiliate, successor, or acquirer without restriction.

24. Contact Us

By using OpenAyah, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.