Last Updated: Wednesday, September 1, 2021
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Mthmr (hereinafter referred to as “Mthmr”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
The App is a money management application that is based on financial technology solutions. The App features a personal finance management service which allows you to track your ﬁnancial information and optimize the process of saving funds. Unless the service states that is done through a financial advisor, we are not and do not purport to be a financial advisor. All transactions made by you via the App are done by you and we are merely providing a App to enable you to execute such transactions. All information contained on the App is provided on an “as is” basis without warranties (read Section 21 “Warranty Disclaimer”).
On the App you can:
You may use the App solely through the mobile applications made available through the App Distributors (Defined below in Section 16, downloaded from Apple Store of Google Play exclusively).
You shall not under any circumstance download the App from other third-party sources or side load the App. We reserve the right to close user Accounts due to contravention of this Section by you as well as take other necessary actions and avail remedies available to us by the applicable laws.
Access to the App shall not be provided to anyone else except the owner of the Account as App contains your sensitive personal information.
By using the App, you hereby through this reference grant us:
Mthmr as well as our partners may also use, license, reproduce, distribute, and disclose aggregate, non-personally identiﬁable information that is derived through the use of the App. By submitting information, user agrees that we and our partners may use the information for the purposes set out above without any additional fees being paid.
To use our App, you must:
The Term begins as soon as you access the App and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed and consented” to these Terms.
To access the App, you need to register for a user account on the App (“Account”). We may utilize two-step verification process for the login process and Account creation. For continuous access to our App, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
As a user of the App, you agree not to:
Subject to the Terms, Mthmr gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the App (and other items displayed on the App for download) only for purposes of using the App in accordance with these Terms. It is expressly prohibited without the prior express permission from Mthmr to use, reproduce, modify, distribute, or store any Content for purposes other than using the App consistent with these Terms.
You acknowledge and agree that the App, the names and logos and all related product and names, design marks and slogans, and all other material comprising the App, are the property of the Mthmr or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Mthmr. Your use of the App confers no title or ownership in the App or the Marks and is not a sale of any rights in the App or the Marks. All ownership rights remain in Mthmr or its third-party suppliers, as the case may be.
The App provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the App. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access our Services:
the license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this App license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
To the extent you access the App, your wireless service carrier's standard charges, data rates and other fees may apply. By using the App, you acknowledge and agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the App may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
When making a purchase on a mobile application, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device.
For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your Account immediately in our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.
We reserve the right to terminate your access to all or any part of the App at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our App. Any such termination shall immediately revoke the license granted under Section 10, and you shall effective immediately be prohibited from accessing or using the App or Content for any reason. All fees paid hereunder are non-refundable. You may terminate your Account by contacting firstname.lastname@example.org.
The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
To the maximum extent permissible by applicable law, you hereby absolutely release Mthmr and its affiliates as well as all other users of the App from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the App, including any disputes which may arise between users and the acts or omissions of third parties.
THE App IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF App IS AT THE USER’S SOLE RISK. THE App IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. Mthmr, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE App IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE App IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE App IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE App PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE App SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE App.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the App; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the App) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the Kingdom of Saudi Arabia applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the App (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the App. We may also do so by sending you a notice via email, via the App, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the App without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the App after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the App going forward. Your use of the App is subject to the Terms in effect at the time of such use.
You may get in touch with us through our App or the address given below: Mthmr, 3064 Aflah Ibn Saeed St. Jeddah, Saudi Arabia email@example.com.