Last Updated on December 22, 2023.

Welcome and thank you for your interest in Sajda (“Sajda”, “we”, or “our”) and our website at www.sajda.org, as well as our associated websites, downloadable applications (including software), and other services provided by us (collectively, the “Service”). These Terms of Service constitute a legally binding agreement between you and Sajda regarding your use of the Service.

Please read the following terms carefully:

By clicking on “I accept”, purchasing our products, or downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition of your use of the service, you agree to be bound by, the following terms and conditions, including Sajda’s privacy policy (together, these “terms”). If you are not eligible, or do not accept the terms, then you do not have our permission to use the service. Your use of the service, and the provision of the service by Sajda to you, constitutes an agreement by Sajda and by you to be bound by these terms.

You agree to receive texts from or on behalf of Sajda at the phone number you provide us. These texts will include informing you that you have come off our waiting list. You understand and agree that these texts may be considered telemarketing under applicable law, they may be sent using an automated telephone dialing system or other automated technology, and your consent is not a condition of any purchase.

ARBITRATION NOTICE. Except for certain types of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising from these Terms will be resolved by individual binding arbitration, and by accepting these terms, you and Sajda each waive the right to a trial by jury or to participate in any class action or representative proceeding.

Overview of the Sajda Service Sajda offers hardware and software for video conferencing. We manufacture webcams and other hardware (“Products”) that you can purchase through our website. We also provide downloadable software (“Software”) for video conferencing, compatible with our Products as well as a number of other video conferencing platforms and hardware from third-party providers.

Eligibility You must be at least 18 years old to use the Service. By accepting these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not been previously suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.

Terms and Conditions of Payment

Certain features of the Service may require you to pay fees. Before paying any fees, you will have the opportunity to review and accept the charges that will be billed to you. Unless otherwise specified in these Terms, all fees are in U.S. dollars and are non-refundable unless required by law.

3.1 Pricing; Sajda reserves the right to determine the prices for the Service. Sajda will make reasonable efforts to keep pricing information on the Service up to date. We encourage you to periodically check our website for current pricing information. Sajda may change fees for any Service feature, including additional fees or charges, if Sajda provides you with notice of these changes before they apply. Sajda, at its sole discretion, may make promotional offers with different features and prices to any of Sajda’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Prices displayed on Sajda’s website may not include foreign or domestic government taxes or any kind of charges that may be applicable, including but not limited to excise taxes, sales taxes, use taxes, or value-added taxes; customs duties or other import duties; or other taxes, tariffs, or duties. You will have the opportunity to view applicable taxes or charges on our payment page for the Products you purchase (“Payment Page”).

3.2 Authorization; Payment Processing. You authorize Sajda to charge all amounts for orders you place and any level of Service you select as described in these Terms or posted by Sajda, including all applicable taxes, using the payment method specified in your account. If you pay fees with a credit card, Sajda may request a pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase. We may contract with a third party to process all payments submitted through or via our Service (each, a “Payment Processor”). By making any purchase through the Service, you authorize us to share any of your information with the Payment Processor to process your payment.

Delivery and Returns

4.1 Delivery; Risk of Loss. Any Product for which you have placed an order through our website will be delivered to the address you specify on the Payment Page for each purchase. Title and risk of loss for these Products are transferred to you upon delivery to the specified address. If a delivery is lost or stolen, or is delivered damaged upon arrival, please contact us at [email protected]; we will do our best to work with you on a resolution, but we do not promise to cover, and will not be responsible for, such losses.

4.2 Returns; After an order is shipped, Sajda cannot cancel or adjust the order. You have the option to return Products for a refund or exchange within thirty (30) days of purchase. To initiate a return, you must contact us at [email protected]. Further details regarding our return policy are available on our FAQ. Refunds that do not comply with our return policy are subject to partial or no refund.

Licenses

5.1 Limited License; Subject to your full and ongoing compliance with these Terms, Sajda grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to: (a) install and use a copy of the Software’s object code on a computer you own or control; and (b) access and use the Service.

5.2 License Restrictions; Except to the extent prohibited by applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works from the Service, the Software, or any firmware embedded in the Products; (b) modify the Service, the Software, or any firmware embedded in the Products; or (c) interfere with or circumvent any feature of the Service, the Software, or any Product, including any security or access control mechanism. If you are prohibited by applicable law from using the Service, the Software, or any firmware embedded in the Products, then you may not use them.

5.3 Feedback; We respect and appreciate input and feedback from our users. If you choose to provide ideas and suggestions concerning existing features, issues with, or proposed modifications or enhancements to the Service, the Software, or any Product (“Feedback”), you hereby grant Sajda a perpetual, irrevocable, non-exclusive, fully paid, royalty-free, and worldwide license to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We have no obligation to provide acknowledgment for any Feedback you provide to us.

6. Property Rights; The Service, Software, and Products are owned and operated by Sajda. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service, Software, and Products provided by Sajda (“Materials”) are protected by intellectual property laws and other laws. All Materials included in the Service, Software, or Products are the property of Sajda or its third-party licensors. Without express permission from Sajda, you may not use the Materials. When you purchase a Product from Sajda, you acquire only the ownership title to that specific element of the Product and no intellectual property rights thereto. There are no implied licenses in these Terms, and Sajda reserves all rights to the Materials not expressly granted in these Terms.

Third-Party Terms

7.1 Third-Party Services and Websites; Sajda may provide tools through the Service that allow you to export information, including User Content, to third-party services. By using any of these tools, you hereby authorize Sajda to transfer such information to the applicable third-party service. Third-party services are not under the control of Sajda, and, to the maximum extent permitted by law, Sajda is not responsible for the use of your information exported by a third-party service. The Service may also contain links to third-party websites. Linked websites are not under the control of Sajda, and Sajda is not responsible for their content. Be sure to review the terms of use and privacy policy of any third-party service before sharing any User Content or information with such third-party services. Once the sharing is done, Sajda will have no control over the information that has been shared.

7.2 Third-Party Software; The Service may include or incorporate third-party software components that are generally available for free under licenses that grant recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). While the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under applicable third-party licenses or from limiting your use of Third-Party Components under those third-party licenses.

Communications

8.1 Text Messaging; You agree that Sajda and those acting on our behalf may send you text messages (SMS) to the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard rates for data and messaging may apply whenever you send or receive such messages, as specified by your carrier. If you wish to unsubscribe from Sajda’s marketing text messages, you can send an email to [email protected] or text the word “stop” to the number from which you receive messages. If you wish to unsubscribe from all of Sajda’s text messages, you can send an email to [email protected] or text the word “stopall” to the number from which you receive messages; however, you acknowledge that unsubscribing from receiving all messages may impact your use of the service. You may continue to receive text messages for a short period while we process your unsubscribe request, including a message confirming receipt of your unsubscribe request. Your agreement to receive marketing texts is not a condition of purchase or use of the Service.

8.2 Email; We may send you emails about our products and services, as well as those of third parties. You can unsubscribe from promotional emails by following the unsubscribe instructions in the promotional email itself.

Prohibited Conduct

By using the service, software, or products, you agree not to:

9.1 use the Service, Software, or Products for illegal purposes or in violation of any local, state, national, or international law;

9.2 violate, encourage others to violate, or provide instructions on how to violate any third-party’s rights, including by infringing or misappropriating any third-party’s intellectual property right;

9.3 access, search, or otherwise use any part of the Service, Software, or Products through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Sajda;

9.4 interfere with the security-related features of the Service, Software, or Products, including by: (i) disabling or circumventing features that prevent or limit the use, copying, or printing of any content; or (ii) attempting to discover the source code of any part of the Service, Software, or any firmware embedded in the Products, except to the extent that the activity is expressly permitted by applicable law;

9.5 interfere with the operation of the Service, Software, or Products or with another user’s enjoyment of the Service, Software, or Products, including by: (i) uploading or transmitting any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service, Software, or Products; (iii) collecting personal information about another user or a third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, Software, or Products;

9.6 engage in any fraudulent activity, including impersonating another person or entity, claiming false affiliation or identity, accessing any other Service account without authorization;

9.7 sell or otherwise transfer the access granted under these Terms or any Material (as defined in Section 6 (Property; Property Rights)) or any right or ability to view, access, or use any Material; or

9.8 attempt to perform any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct).

10.0 Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notifying you of the revisions, unless otherwise stated. We may require you to accept modified Terms to continue using the Service. If you do not agree to the modified Terms, you should discontinue your use of the Service. Except as expressly provided in this Section 10 (Modification of Terms), these Terms may only be modified by a written agreement signed by authorized representatives of the parties to these Terms.

Duration, Termination, and Modification of Service

11.1 Duration; These Terms are effective from the moment you accept the Terms or first download, install, access, or use the Service and terminate when terminated as described in Section 11.2 (Termination).

11.2 Termination; If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminates. In addition, Sajda may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and with no liability to you resulting from such termination. You may terminate these Terms at any time by contacting customer support at [email protected].

11.3 Effect of Termination; Upon termination of these Terms: (a) your license rights will immediately cease, and you must immediately cease all use of the Service; (b) you will no longer be permitted to access your account or the Service; (c) you must pay Sajda any unpaid amounts that were due before the termination; and (d) all payment obligations accrued before the termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity), 13 (Disclaimers; No Warranties by Sajda), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration), and 16 (Miscellaneous) shall survive. You are solely responsible for retaining copies of any User Content you post on the Service as upon termination of your account, you may lose access rights to any User Content you have posted on the Service. If your account has been terminated for a violation of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address, or other account verification form.

11.4 Service Updates; We may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to the Service, including the Software (“Updates”). These may be installed automatically without providing additional notice or receiving additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to unsubscribe by contacting us at [email protected]. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service or the Software, and you agree to promptly install any Updates we provide. Your continued use of the Service or Software constitutes your agreement to these Terms concerning the Service or Software.

11.5 Modification of Service; Sajda reserves the right to modify or discontinue all or part of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Sajda shall have no liability for any change to the Service, including any premium feature of the Service, or any suspension or termination of your access or use of the Service. You should retain copies of any User Content you post on the Service to have permanent copies in the event that the Service is changed in a manner that results in you losing access to User Content you have posted on the Service.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Sajda, its affiliates, and their respective shareholders, directors, officers, managers, members, employees, consultants, and agents (collectively, the “Sajda Entities”) from and against every claim brought by a third party, and any liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of the Service or misuse of it; (2) your violation of any part of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party rights, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimers; No Warranties by Sajda

13.1 Product Warranty; Sajda offers a one (1) year warranty on all Products. This warranty covers only defects in the manufacture of Products and will not cover your use of Products in violation of our user manuals, packaging, instructions, or other accompanying documentation. This warranty is subject to change. To submit a warranty claim, please contact our customer support team at [email protected] and provide a description of the difficulties you have encountered.

13.2 Except for the warranties provided in these terms, the products, the service, and all materials and content available through the service are provided “as is” and on an “as available” basis. Sajda disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of the course of dealing, usage, or trade. Sajda does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Sajda does not warrant that any of those issues will be corrected.

13.3 No Advice or Information; Whether oral or written, obtained by you from the service or Sajda entities or any material or content available through the service will create any warranty regarding the Sajda entities or the service that is not expressly stated in these terms. We are not responsible for any damages that may arise from products, the service, and your interactions with any other user of the service. You understand and agree that you use all products and any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.

13.4 The limitations, exclusions, and disclaimers in this Section 13 (Disclaimers; No Warranties by Sajda) apply to the fullest extent permitted by law. Sajda does not disclaim any warranty or other right that Sajda is prohibited from disclaiming under applicable law.

Limitation of Liability

14.1 To the fullest extent permitted by law, in no event will the Sajda entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Sajda entity has been informed of the possibility of damage.

14.2 Except as provided in Section 14.7 (Non-Excludable Rights; Consumer Protection; Limitation of Liability) and Section 14.8 (Indemnity), the aggregate liability of the Sajda entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Sajda for the service in the twelve (12) months preceding the events or circumstances giving rise to the claim or (b) $100.

14.3 Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 14 (limitation of liability) will apply even if any limited remedy fails of its essential purpose.

14.4 The Sajda entities are not responsible for any liability or losses arising out of or relating to: (a) any unauthorized access to or use of our servers and/or any personal information stored therein; (b) any interruption or cessation of transmission to or from the service; (c) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (d) any errors or omissions in any materials or content or for any loss or damage incurred as a result of the use of any materials or content posted, emailed, transmitted, or otherwise made available through the service; and/or (e) user content or the defamatory, offensive, or illegal conduct of any third party. These limitations of liability also apply with respect to damages incurred by you by reason of any products, the service, or any materials or content on the service or third party services. In no event shall the Sajda entities be liable for any claims, losses, or damages of any kind arising out of your use of the service and/or any materials or content on the service, or any third party services.

14.5 You acknowledge and agree that we offer the service and set our prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in these terms, that the warranty disclaimers, releases, and limitations of liability set forth in these terms reflect a reasonable and fair allocation of risk between you and us, and that the warranty disclaimers, releases, and limitations of liability set forth in these terms form an essential basis of the bargain between you and us. We would not be able to provide the service to you on an economically reasonable basis without these limitations.

14.6 The limitations, exclusions, and disclaimers in this section 14 (limitation of liability) apply to the fullest extent permitted by law and shall survive termination of these terms or your use of the service or any product. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Dispute Resolution and Arbitration

15.1 Agreement to Arbitrate; This Section 15 (Dispute Resolution and Arbitration) facilitates the prompt and efficient resolution of any disputes that may arise between you and Sajda. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) instead of having such dispute decided in a lawsuit, in court, by a judge or jury trial, by a magistrate, or otherwise, before a state or federal tribunal.

15.2 Right to Opt Out of Arbitration and Opt Out Procedures; You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing no later than thirty (30) days after first becoming subject to this arbitration provision. Your notice must include your name and address, your Sajda username (if any), the email address you used to set up your Sajda account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must send your opt-out notice to this address: Sajda, Inc., 1121 34th Ave Unit 3, Seattle, WA 98122, USA.

15.3 Initiation of Arbitration Proceeding/Selection of Arbitrator; If you or Sajda elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding may open a case with the American Arbitration Association – Judicial Arbitration and Mediation Services (JAMS), or other applicable alternative dispute resolution provider, and the dispute will be administered by that provider under its applicable rules and procedures in effect at the time a case is opened (collectively, the “Arbitration Rules”), as modified by these terms. The Arbitration Rules are available at www.adr.org and www.jamsadr.com. Alternatively, you may initiate an arbitration proceeding by sending a letter to Sajda, Inc., 1121 34th Ave Unit 3, Seattle, WA 98122, USA. If Sajda elects arbitration, it will send a letter to your email address. Any settlement offer made by you or Sajda shall not be disclosed to the arbitrator. The arbitration will be conducted by a single, neutral arbitrator, and if you and Sajda cannot agree on who that single arbitrator should be, the arbitrator will be selected pursuant to the Arbitration Rules. The arbitrator is bound by these terms.

15.4 Location of Arbitration; The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Sajda may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Sajda, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Sajda, unless the arbitrator requires otherwise.

15.5 Initiation of Arbitration; Before initiating arbitration, a party must first send written notice of the dispute to the other party by certified mail in the United States or by Federal Express (with a required signature) or, only if the other party has not provided a current physical address, by email (“Arbitration Notice”). Sajda’s address for the Arbitration Notice is: Sajda c/o Ahmad Nemilri – 54Q Prom. des Anglais 94210 Saint-Maur-des-Fossés. The Arbitration Notice must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) specify the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties fail to do so within 30 days after receiving the Arbitration Notice, you or Sajda may commence an arbitration proceeding. If you initiate arbitration pursuant to these Terms, Sajda will reimburse you for your filing fee, unless your claim is for more than $10,000 or if the company has received 25 or more similar arbitration demands, in which case the payment of fees will be determined by JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for improper purposes (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by JAMS Rules, and the other party may seek reimbursement of fees paid to JAMS.

15.6 Arbitration Procedures; Any arbitration hearing will take place in the county and state of your billing address unless otherwise agreed or, if the claim is for $10,000 or less (and not seeking injunctive relief), you may choose that the arbitration be conducted: (a) solely based on documents submitted to the arbitrator; (b) by telephone or video conference; or (c) through an in-person hearing as established by JAMS Rules in the county (or parish) of your billing address. During arbitration, the amount of any settlement offer made by you or Sajda shall not be disclosed to the arbitrator until the arbitrator makes a final decision and award, if any. Regardless of how the arbitration is conducted, the arbitrator shall issue a written reasoned decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

15.7 Arbitral Remedies; Except as provided in Section 15.8 (No Class Actions), the arbitrator may award any remedy that would be available if the claims were brought in a competent court of law. If the arbitrator awards you an amount greater than Sajda’s last written settlement offer before an arbitrator was selected, Sajda will pay you the higher of: (a) the amount awarded by the arbitrator, and (b) $10,000. The arbitrator’s decision shall be final and binding on all parties, except (1) for judicial review expressly permitted by law, or (2) if the arbitrator’s decision includes an injunction remedy against a party, in which case that party shall have the right to seek judicial review of the injunction remedy in a competent court not bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

15.8 No Class Actions; You and Sajda agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless you and Sajda agree otherwise, the arbitrator may not consolidate claims of more than one person, and may not otherwise preside over any form of a representative or class proceeding.

15.9 Changes to this Arbitration Provision; If Sajda makes a material change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Sajda’s Arbitration Notice address, in which case your account with Sajda will be immediately terminated, and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

15.10 Applicability; If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is deemed unenforceable, or if Sajda receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) shall be null and void, and in such case, the exclusive jurisdiction and venue described in Section 16.2 (Governing Law) will govern any action arising out of or related to these Terms.

Miscellaneous
16.1 General Terms; These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire understanding and agreement between you and Sajda regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and any rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. Failure to enforce any provision will not affect our right to enforce it at any time afterward, nor shall any waiver of ours of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headings in these Terms is for convenience only and shall have no impact on the interpretation of any provision. Throughout these Terms, the use of the word “including”

means “including but not limited to.” If any part of these Terms is deemed invalid or unenforceable, then the inapplicable portion will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.2 Governing Law; These Terms are governed by the laws of the State of California without regard to its conflict of law principles. You and Sajda submit to the personal and exclusive jurisdiction of the state and federal courts located in Orange County, California for any legal proceedings permitted under these Terms. We operate the Service from our offices in California, and we do not represent that the materials included in the Service are appropriate or available for use in other locations.

16.3 Privacy Policy; Please carefully read Sajda’s Privacy Policy (“Privacy Policy”) for information regarding our collection, use, storage, and disclosure of your personal information. Sajda’s Privacy Policy is incorporated by this reference into, and is part of, these Terms.

16.4 Additional Terms; Your use of the Service is subject to any additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may publish or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and are part of, these Terms.

16.5 Consent to Electronic Communications; By using the Service, you consent to receive certain electronic communications from us as described in more detail in our Privacy Policy. Please review our Privacy Policy for more information on our electronic communication practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

16.6 Contact Information; The Service is provided by Sajda, located at Sajda c/o Ahmad Nemilri – 54Q Prom. des Anglais 94210 Saint-Maur-des-Fossés. You can contact us by sending correspondence to this address or by emailing us at [email protected].

16.7 Notice to California Residents; If you are a California resident, then pursuant to Section 1789.3 of the California Civil Code, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.

16.8 No Support; We are not obligated to provide support for the Service. In cases where we may offer support, support will be subject to the posted policies.