Terms of Service

Updated on 25 October 2021

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By using our on-line custom design and photobook service, (herein referred to as “Service”) you are deemed to have read and accepted the terms and conditions set forth, hence forming a legal binding agreement between Instorya FZ LLC, (herein referred to as "Instorya", "we", "us", "our", the "Company" and their affiliates) and yourself pursuant to which you agree to comply with the Terms of Service, and use this site and mobile app only in a manner consistent with Terms of Service. Should you not agree with any part of this Terms of Service, you are advised not discontinue the use of the Service.

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There is no requirement to create an account with us prior to using our service. To experience our products, you will need to download our free Instorya mobile app (herein referred to as “Software”) and follow simple instructions for the related products.

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The Company maintains the www.instorya.ae Website ("Site") and the Software.

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Representation

 

By visiting the Site and downloading the Software, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Instorya through the site or the Software or for inclusion on the site or the Software will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the Site who are Minor /under the age of 18 shall not register as a User of the Site and shall not transact on or use the website.

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Site Operation

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United Arab Emirates ("UAE") is our country of domicile. Instorya this site and Software from the UAE. We make no representation that this site and Software is appropriate for use in other locations. If you use this Site and Software from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this site in violation of any applicable laws or regulations, including, but not limited to any UAE export laws and regulations.

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Third Party Links

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We may provide links to third party sites that may interest you. We do not have control over the content or availability of these said sites and are not responsible for any content in the said third party sites. It is your responsibility to read and understand each site’s privacy and other policies and terms and conditions of their service. if you have any questions or concerns regarding these third party sites, please contact the respective site’s webmaster or site administrator.

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Privacy and Use of Data

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All information Instorya  collects through the Service is subject to Instorya’s Privacy Policy available at https://www.instorya.ae/privacy-policy.

 

Instorya or third parties may make available third-party products or services for use in connection with the Service. Your acquisition of any such third-party products or services, and any exchange of data between You and any third party, is solely between You and such third party. The Service may contain links to other websites or services offered and operated by third parties. Such links are provided for Your convenience only, and if You access any other websites or services linked to the Service, You do so at Your own risk. Such third-party websites and services are subject to their own terms of use and privacy policies. Links to other websites or services do not constitute Instorya’s endorsement of any content, advertising, products, services, or other materials on or available from such websites or services.

 

If You provide any suggestions, enhancement requests, recommendations, comments or other feedback (“Feedback”) relating to the Service to Instorya, You agree that Instorya and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in connection with the Service, other related technologies and/or for any other purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Instorya will not be obligated to implement any Feedback or correct any defects, bugs or errors in the Service identified in the Feedback or otherwise.

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Instorya may: (a) compile statistical and other information related to the performance, operation, and use of the Service, and (b) use Your Data (including photos and/or videos) from the Service in aggregated form to create statistical analyses and for research and development purposes, (these sections (a) and (b) collectively, “Service Analyses”). Instorya may use Service Analyses for its business purposes; however, Service Analyses shall not incorporate Data in a form that could serve to identify You or any individual. Service Analyses do not constitute Your Data, and Instorya shall retain all right, title, and interest in and to Service Analyses, including all Intellectual Property Rights therein and thereto.

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During and after the term of this Agreement, Instorya may: (a) collect, retain and use any Data submitted to the Service, including usage history, in order to provide and administer the Service; however, Instorya is not responsible for maintaining such Data, except as required by Law; and (b) access, read, preserve, and disclose any Data submitted to the Service that Instorya reasonably believes is necessary to: (i) satisfy any Law, 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 a support request; or (v) protect its rights, property or safety, and that of its users and the public.

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Rights and Restrictions

 

You may use the Service solely for its intended purpose as set forth on the Site and in any documentation provided by Instorya for the use of the Service. You may not: share Your Registration Data for the Service with any other individual or allow any third party to access or use the Service (except that You are permitted to engage with other individuals who also hold a valid right to access and use the Service.

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You may not; (a) sell, resell, license, sublicense, distribute, rent or lease the Service, including the Service in a service bureau or outsourcing offering, or otherwise access or use the Service other than as expressly permitted hereunder; (b) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or other rights; (c) use the Service to store or transmit code, files, scripts, agents or programs intended to do harm including, for example, viruses, worms, time bombs and Trojan horses; (d) interfere with, or disrupt the integrity or performance of, the Service or third-party data contained therein; or (e) attempt to gain unauthorized access to the Service or its related systems or networks.

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You agree that you may not copy the Service or any part, feature, function or user interface thereof or otherwise: (a) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Service; (b) frame or mirror any part of the Service, other than framing on Your own intranet or otherwise for Your own internal business purposes or as permitted in the documentation for the Service; (c) access the Service in order to build a competitive product or service, or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (d) “harvest” or collect information from the Service (including information about other users of the Service or offerings, products or services available on the Service) using an automated software tool or manually on a mass basis; (e) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service or any component thereof, in whole or in part, except as and only to the extent such restriction is permitted by any applicable federal, state, or local laws, codes, rules, regulations, or orders of any governmental authority (“Law”); (f) integrate or link to any open source software or freeware with the Service; (g) remove any proprietary notices, labels or marks from the Service; or (h) permit third parties to do any of the foregoing.

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You are not permitted to: (i) transfer or otherwise make the Service available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) post links to third-party sites or use their logo, company name, etc. without their prior written permission; or (iv) use the Service for spamming and/or other illegal purposes.

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You agree that: (a) Your submission and the use of any Data in connection with the Service will be in compliance with Law; and (b) You will not upload any Data to the Service or print any Data using the Service that depicts violence, nudity, partial nudity or is unlawful, sexually suggestive, pornographic, offensive, discriminatory, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including Intellectual Property Rights and/or privacy rights, or that violates this Agreement.

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About Your Account

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If you use this site or the Software, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The site and the Software shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

 

About your Content

 

You may design your photo book through the Software, using JPG or PNG file format that meets our specifications and necessary requirements. Context of design includes without limitation, photographic images and texts, files, works of authorship, illustration and drawings as part of your use of the Service.

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Under these Terms of Service, you warrant that you will not use any of the services for any fraudulent or illegal purpose, and you may NOT place any of the following material using the Service:

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a) Any material that could infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights;

b) Any material that could infringe any materials that is unlawful, obscene, pornographic, indecent, defamatory, offensive, abusive, threatening, or otherwise inappropriate and harmful to children in any way, or could give rise to any civil or criminal liability under applicable law;

c) Any material that contains viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes.

d) Any material that is offensive or promote racism, bigotry or hatred against any group or individual

 

While Instorya does not and cannot review all submissions, and is not responsible for their content, Instorya reserves the right to move, refuse to print and delete submissions that, in its sole discretion, is believed to be as described in paragraphs (a) through (d) above, or otherwise unacceptable. You acknowledge and agree that any submission may be published, copied, customized or removed for the purposes of delivering the Services. In addition, you undertake that you will be liable for any action taken against Instorya in relation to such activities and will fully indemnify Instorya against all actions, claims, demands or costs which may arise as a result.

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We do not store your order information such as delivery, payment and billing data, and storage for uploaded files are optional. We recommend that before submitting files to us, you retain a copy for yourself to use for future re-ordering, or in the unlikely event of your digital images being corrupted or lost. You should always retain your own copies of all files uploaded or otherwise supplied to us. Instorya has no ownership in any of your book content.

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Order Policy

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Receipt of an electronic order or other form of order confirmation by no means signify Instorya acceptance of your order, nor does it constitute confirmation of our offer to sell. Instorya reserves the exclusive right at any time after receipt of your order, to accept or decline your order for any reason. Instorya also reserves the right at any time after receipt of your order and without prior notice to you, to supply less than the quantity you order for any time. Your order is deemed accepted by Instorya upon our delivery of products that you have ordered. We may require additional verifications or information before accepting any order.

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Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

 

Fee and Payment Terms

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The displayed price and currency selected by you, will be the same price and currency charged to the card and printed on the transaction receipt.

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There is no charge for browsing or accessing the site or the mobile app. Prices, products and services offered are subject to change without prior notice from time to time at our discretion upon posting by Instorya on its mobile app(s). Please refer to our product price list for complete listings.

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We accept payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed
by an authorized officer of Instorya. All refunds will be made onto the original mode of payment. 

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You hereby agree to pay all fees and charges incurred in connection with your orders which include without limitation taxes, duty imports, value-added taxes and customs clearance, if any. Payment terms will be via online credit/debit card transactions via online payment gateway, our official merchant of payments, or unless otherwise stated or cash on delivery. We reserve the right to refer to your credit card provider. Instorya will not be held liable for any losses you may suffer as a result of unauthorized use of your credit card by any other party. An electronic sales order confirmation will be sent to your email address once your order has been captured into our system. The cardholder must retain a copy of transaction records and Merchant policies and rules.

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Failure to submit a valid payment may result in refusal to process the requested service(s). In the case that an order with a paid deposit is processed, we will hold the order for 60 days, or unless otherwise stated. During this period and until the balance amount is paid in full, Instorya may send a notice to the customer's email address to inform of their balance due. If the balance due is not paid within the said period, Instorya may exercise its right to charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.

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In cases of disputes, you must alert us by writing to our Support Team within 7 days after receiving your credit card statement, if you dispute any of our charges on that statement. If Instorya does not receive payment from your credit card issuer, you are obliged to pay all amounts due upon demand by Instorya.

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Delivery of Products

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All products or prints will be delivered to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Terms of Service, and entirely at the discretion of Instorya.

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Delivery Policy

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Once your order is accepted, it will take maximum of 5-7 working days for the photo books reach at your doorstep across the UAE. The delivery fee is 30 AED to any emirate. Delivery outside the UAE will take 8-21 days upon dispatch. Delivery fee (as per country) shall be communicated to you by our team.

 

At Instorya, we ensure that you receive your photo books on time. We use a competent third party courier company to fulfill your order.

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For the multiple orders that are confirmed at the same date, we will try our best to deliver within 5-7/8-21 working days. If the multiple orders are confirmed on different dates, the delivery will be within 5-7/8-21 working days of each of the respective confirmed date.

 

Multiple orders may result in multiple postings to the cardholder’s monthly statement. Should you have any issues on the delivery, you can request disputes or chargeback within 36 months. Please keep a proof of delivery receipt signed and/ or received by you.

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Special Terms Applicable to Instorya Series Subscriptions

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Instorya Series are photo books generated for each month of the calendar year or the first 41 photos of your social media albums, and are purchased as subscriptions that are only available using the Instorya IOS or Android app. YOU MAY NOT PURCHASE A SUBSCRIPTION USING THIS SITE, BUT ALL TERMS AND CONDITIONS SET FORTH HEREIN APPLY TO SUBSCRIPTIONS USING ANY DOWNLOADED INSTORYA APP. Further details about subscribing to Instorya Series is and FAQs may be found on the Site. 

When you sign up for a subscription of Instorya Series and choose to pay your photo book monthly, you will be charged monthly for each monthly photo book, depending on the payment option you selected. During the term of your subscription, if you choose not to receive your next photo book for the month, you will still be charged your subscription fee that month, however you will receive your refund of the following month.

You may cancel your subscription at any time.  In order to avoid being charged for your next month of Instorya Series, you must cancel your subscription at least 14 days before the payment due date. Should you wish to cancel the subscription immediately after placing the order, you can cancel your Instorya Series subscription order within 24 hours that you placed it.

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Termination

 

This Agreement will remain in effect until: (a) Instorya terminates your rights under this Agreement, which it may do immediately, without notice or liability, if You fail to comply with any term(s) of this Agreement; or (b) You cancel the Service, whichever occurs first. You may terminate Your access to the Service within the App or by submitting a request to Instorya’s customer support department. 

 

You acknowledge that if You breach this Agreement, Instorya may have no adequate remedy at law, will suffer irreparable harm as a result of such a breach, and therefore will be entitled to injunctive relief without the obligation of posting a bond. Upon termination of this Agreement based on your breach: (a) You agree to immediately cease using the Service; (b) Your access to the Service will be automatically terminated and Registration Data will be removed; and (c) Instorya may immediately delete or destroy all Data that You have uploaded, submitted or entered into the Service, subject to requirements of Law. 

 

If Your account has been inactive for one year or more, Instorya will consider your account terminated, and Instorya reserves the right to automatically delete all books, photos and videos from Your account.  

 

Upon the termination of this Agreement for any reason, each party will be released from all obligations to the other arising after the date of expiration or termination, except those post-termination obligations expressly provided for in this Agreement, and those provisions which by their nature should survive termination will survive, including use restrictions, indemnity obligations, warranty disclaimers, and limitations of liability.

 

Intellectual Property

 

As between you and Instorya, all title and Intellectual Property Rights in and to the Service are owned exclusively by Instorya. For purposes of these Terms of Use, “Intellectual Property Rights” means all forms of industrial and intellectual property rights and protections throughout the world, including any: (a) patents (including any patent applications, together with all reissuances, continuations, continuations-in-part, revisions, extensions, and re-examinations thereof); (b) copyrights; (c) Internet domain names, trademarks, service marks, and trade dress, together with all goodwill associated therewith; (d) trade secrets; (e) rights in databases and designs (ornamental or otherwise); (f) moral rights, rights of privacy, rights of publicity, and similar rights; and (g) any other proprietary rights and protections, whether currently existing or hereafter developed or acquired arising under statutory or common law, including all applications, disclosures, and registrations with respect thereto. You are provided access to the Service; the Service is not sold to you. No title to or ownership of the Service, including, without limitation, any logos, designs, texts, graphics, pictures, data or content, software, platform, technologies or any proprietary rights related to the Service, is transferred under or by virtue of this Agreement. Instorya reserves all rights in and to the Service not expressly granted to You under this Agreement. Further, this Agreement does not authorize you to use any name, trademark or logo of Instorya.

 

You will remain the sole and exclusive owner of all right, title, and interest in and to all of your Data (including photos and/or videos), and all Intellectual Property Rights therein and thereto, subject to any licenses granted herein to Instorya. You hereby grant to Instorya a nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and service providers), irrevocable, royalty-free, fully paid-up license to access, use and process the Data in accordance with the terms of this Agreement.

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If You are contacted by (or otherwise become aware of) a third party claiming rights in any portion of the Service, or claiming that use of the Service infringes any right of that third party, You must immediately notify Instorya and, at Instorya's request, immediately cease use of the Service. If Instorya determines in its sole discretion that it cannot or should not otherwise allow you to continue using the Service because of such claim, Instorya may terminate this Agreement immediately by delivering notice to you without any resulting obligation or liability to you by reason of such termination.

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Force Majeure

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A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force of nature or any “acts of God”.

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Office Foreign Assets Control (OFAC) Sanctioned Countries

 

Instorya will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

 

Satisfaction Guarantee & Product Warranty

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Instorya is proud of the outstanding quality and craftsmanship of our products, and provides 100% Satisfaction Guarantee* against any manufacturing defects. Refunds and cancellation of order is generally not provided except for cases of process or product malfunction (i.e. workmanship defect, book arrives damaged, product do not match ordered items) Instorya reserves the right at any time to substitute/ change brand as well as material used in production of your book without prior notice. In cases of material shortage, we will substitute by using the next best alternative material of the closest quality and specification.

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As the photobooks are assembled by hand, the end result may differ from our mobile app images. Instorya also reserves the right to change or alter any production methods without prior notice. These may or may not result in a slight difference in the final outlook or slight color shifts, while maintaining the same quality and standards.

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IMPORTANT: We do NOT accept any amendments or changes to be made to the file ONCE the file is already uploaded or confirmed by you. Therefore, it is solely the responsibility of the customer to check thoroughly before ordering their project(s).

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Instorya is not responsible for customer-generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, uploaded incorrect photos, order quantity or other ordering errors. Please be sure to preview your books carefully before placing your order. Images and text will be printed as they appear in the Preview. We do not proofread for, or correct, any such customer generated mistakes.

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To file a complaint, kindly contact our customer service by writing to us together with picture of problem/areas of dissatisfaction. We will assess the condition of the item(s), and at our sole discretion to either repair or replace the product(s) that does not meet the warranty or condition.

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All complaints on defective product(s) must be submitted within 30 days upon receiving your product(s). Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.

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Order Cancellation

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You can cancel your order within 24 hours; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.

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Limitation of Liability

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTORYA WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF LEGAL THEORY, INCLUDING DAMAGES FOR COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, AND/OR THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SERVICE, HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF INSTORYA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INSTORYA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID TO INSTORYA FOR YOUR LICENSE TO THE SERVICE DURING THE LAST MONTH PRECEDING THE DATE THE CLAIM AROSE, OR PRORATED IF PAID ANNUALLY, OR U.S. $100.00. 

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ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE, THIS AGREEMENT OR ANY ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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Indemnification

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You agree to indemnify, hold harmless and defend Instorya, including its licensees and their subsidiaries, affiliates, officers, directors, agents, employees, successors and assigns, from and against any and all liabilities, losses, fines, penalties, damages, judgments, awards, settlements, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or resulting from any claim, suit, action, demand or proceeding arising out of: (a) Your use or misuse of the Service; or (b) Your violation of the terms of this Agreement. Instorya reserves the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, in which event you agree to cooperate with Instorya in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site, the Service and/or this Agreement.

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Governing Law; Venue

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This Agreement and any dispute or claim arising out of or related to this Agreement, its subject matter, or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the UAE, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement, the Site or the Product shall be instituted exclusively in the Dubai Courts and you further agree that such courts shall have in personam jurisdiction and venue with respect to you, and you hereby submit to the jurisdiction and venue of such courts and waive any objection. YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ADDITIONALLY, BOTH YOU AND INSTORYA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

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Acceptance of Agreement

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This Agreement constitutes the entire agreement binding between you and Instorya with respect to your use of the Site and the Service and supersedes all prior or contemporaneous understandings, whether written or oral, regarding such subject matter. Instorya reserves the right, in its sole discretion, to modify this Agreement at any time upon notice to you, including by posting a revised version of this Agreement on the Service. Any such modified Agreement will be effective immediately upon being made available to you, and your continued use of the Service thereafter constitutes your affirmative acceptance of such modified Agreement. Otherwise, the terms of this Agreement may not be modified, in whole or in part, except by written agreement executed by an authorized signatory of Instorya. If You are dissatisfied with the terms of the Agreement or any modifications thereof, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.