Terms and Conditions

Welcome

Welcome to the Moddakir app, which specializes in teaching the Quran. The Moddakir app enables users to connect with proficient Quran teachers around the world, as independent teachers, through live voice communication to practise the recitation, memorization or Tajweed of the Quran in one of the well-known mutawatir Quranic readings.

• The User Agreement – this Agreement – applies to users who request and use the service on the Moddakir application for smart devices (the App).
• Please read this Agreement carefully.
• By clicking “I agree” and registering for a user account, you acknowledge that you have read and understood this Agreement, and you agree to be bound by it.
• If you do not agree to all the terms and conditions of this Agreement, please do not accept it; in that case, you will not be able to use Moddakir’s services.

General notice

The App is merely an electronic platform for Quran teachers and users only.

• Moddakir does not hire or employ teachers, and we bear no responsibility for them or for any interactions between providers and users and their respective clients.
• We are not responsible for disputes, claims, losses or any damage of any kind that may result from users’ non-compliance, or that relates to information or actions of teachers or users, including, but not limited to, any user’s reliance on any information provided by a teacher.

About the App

At Moddakir, we strive to make learning the Quran (recitation, Tasmee’ and Talqeen) easy for everyone through smart-device applications: the App offers one-to-one sessions with the most skilled Quran teachers (muqri’) around the clock.

Privacy policy

It is of the utmost importance to us at Moddakir to keep confidential and secure any personal information you provide while using Moddakir. Moddakir does not allow any third party, “other than the teacher, the learner and the evaluator”, to view the details of a session, except with the user’s written permission. Moddakir uses protection software and secured storage for sessions; however, it is not liable to its users for breaches and attacks beyond its control that may circumvent its protection and security measures, and the user waives in advance any legal claims should such breaches occur.

Rules of conduct for using the App

Use of the App

• You agree and acknowledge that you are fully responsible for your use of the App and for the materials displayed through your username, which shall include all content submitted and published on the App by you, including, without limitation, all contributions within sessions, notes, questions, comments, videos and file uploads (User Contributions).
• You also agree to use the App in compliance with the agreements and with all applicable local, regional and international laws, rules and regulations, including copyright laws and any laws relating to the transfer of technical data exported from your country of residence.
• You further undertake, by this document and as a condition of your use of the services provided by Moddakir, that you will not use the App in any way intended to abuse, disrupt, impede or overburden Moddakir’s server or the Moddakir network(s) connected to any of its servers, or to interfere with any third party and its enjoyment of the App.
• Nor may you attempt to gain unauthorized access to the App, to other accounts, or to computer systems or networks connected to any Moddakir server, through hacking, password mining or any other means.
• You may not obtain or attempt to obtain any materials or information stored on the App, or on any of its servers or associated computers, through any means not intentionally made available through the App.
• Users of the App and teachers are responsible for complying with all local rules, laws and regulations, including, without limitation, rules on intellectual property rights, the internet, technology, data, email or privacy.
• Under this Agreement, you undertake not to use credit cards, payment cards or any other means of payment for which you do not have the owner’s full authorization in order to purchase a session. This includes, but is not limited to, fake electronic payment cards, stolen electronic payment cards and electronic payment cards that you are not authorized to use. The Moddakir app and its partners reserve the full right to refer those who violate financial transaction laws to the competent judicial authorities, or to provide the user’s details to the relevant authorities in the user’s country.
• If you believe that any content provided violates your privacy or any law or regulation, or that information provided is inaccurate or poses any risk whatsoever to a third party, it is your responsibility to inform us so that we can correct the situation.
• Likewise, if you believe that content provided by a third party, or any content, violates the App’s terms of use or any applicable laws or regulations, including, but not limited to, copyright laws, you must report it so that copyright is preserved and the necessary action can be taken.

Prohibited conduct in sessions and in the App

• In connection with your participation in any session, you agree not to engage in any activity that infringes any third party’s intellectual property rights, or that is unlawful, defamatory, threatening, pornographic, harassing, hateful, racist, sectarian or ethnic, whether offensive or otherwise, that encourages conduct that would constitute a criminal offence, that gives rise to civil liability, that violates any law, or that is otherwise inappropriate.
• You agree to take part in sessions for the sole purpose of practising learning the Quran.
• You acknowledge that Moddakir has no duty to monitor sessions or to control the content of any session, that you may be exposed to material you find objectionable while taking part in a session, and that you do not hold Moddakir responsible in that regard.
• Moddakir may, at any time, remove any user who violates this Agreement, at Moddakir’s discretion.
• To report any inappropriate activity relating to a session, please send a message to the following email address: [email protected]
• The following is a list of materials that it is strictly forbidden to publish or engage in:
  • a) Lies or falsifications that may harm Moddakir or any third party.
  • b) Material that is unlawful, defamatory, threatening, pornographic or immoral (contrary to Islamic morals), harassing, hateful, racist, sectarian or ethnic, or that encourages conduct constituting a criminal offence, gives rise to civil liability, violates any law or is inappropriate.
  • c) Content or topics relating to partisan political activities.
  • d) Advertisements or business solicitations not endorsed by Moddakir, or publishing any opinion, recommendation or advice expressed by teachers or other students; Moddakir expressly disclaims any and all responsibility for such opinions, recommendations or advice.
  • e) Viruses, Trojan horses, worms, time bombs or corrupted files, malware, spyware or any other similar programs that may damage the operation of a computer or other property.
• Any violation of the prohibitions listed above entitles Moddakir to terminate your use of and access to the App and the service without prior notice.
• By this document, you undertake to abide by the following rules:
  • a) I will register for one account only, under my real name, and I undertake that the personal data in it is accurate.
  • b) You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby waive, any legal or equitable rights or remedies you may have against Moddakir in respect of it.

App services

• The App provides a Quran teaching service through skilled teachers, with services ranging from recitation correction to Talqeen and Tasmee’.
• The App may add educational services to enhance the Quran lesson; however, it is not committed to its users beyond what is offered in the App.

The teacher (Muqri’)

• Moddakir’s teachers are proficient memorizers of the Quran (huffaz), skilled in teaching the Quran orally, by direct transmission.
• All Moddakir teachers undergo a testing process (written and oral) to measure their memorization and mastery of the Quran and their knowledge and applied skills in Tajweed and in methods of teaching the Quran, before they are allowed to interact with users of the App.
• Moddakir’s teachers undergo periodic evaluation by the App’s evaluation committee to ensure the continued quality of their performance and dedication.
• Moddakir acknowledges that it has no duty to verify any teacher’s certificates, Ijazahs or experience.

If you have a complaint about any teacher, please contact Moddakir at the following email address: [email protected]

Fees

Payment of fees

• Users pay for minutes before the scheduled session, according to the fees listed in the App at the time the session starts.
• The App may also offer use of the service through other payment plans, such as monthly subscriptions.
• When the service is requested, payment is made through the payment methods shown in the App.
• All payment terms and conditions are governed by the applicable agreements.
• The fees shown do not include any taxes that may be due in connection with these fees, other than taxes based on Moddakir’s net profit, which the App bears.

Payment currency

All fees are paid in Saudi riyals or US dollars.

Calculation of service charges

• Your use of the minutes purchased will be counted from the second minute of the session.
• If you end a session within 59 seconds of its start, you will not be charged for that session.
• If your paid minutes run out before the session ends, the session will end and you will be asked to purchase more minutes.

Refunds

• Purchased minutes are non-refundable, and minutes used for a session are non-refundable.
• If you are charged by mistake for minutes you did not purchase, you can request a refund by contacting technical support. The refund request must be sent to Moddakir within thirty (30) days of the error occurring in order to be considered.
• You also agree to pay any costs and expenses incurred by Moddakir, including attorneys’ fees, in recovering any fees due under this Agreement.

Devices and software

• Taking part in a session requires compatible devices, and may require downloading and installing specific software.
• You alone are responsible for obtaining and installing any such devices and software and for determining their compatibility with your system, and you therefore bear all risks and liability associated with such devices and software.
• You acknowledge that you are responsible for reviewing, and complying with, all applicable license agreements and other terms and conditions relating to all the software you use in connection with the sessions, the App and the service in general.
• The App is compatible with the Android and iOS operating systems.

Data usage

Using the App requires the use of data services provided by your wireless service provider or mobile data, and you acknowledge and agree that you are solely responsible for data usage charges and any other charges that your wireless or mobile data service operator may impose in connection with your use of the App.

Voice sessions

Sessions in general

The App allows you to request, and take part in, a voice chat session with a qualified teacher (a proficient hafiz of the Quran) for the purposes of recitation correction, Talqeen or Tasmee’ of the Quran.

You agree to take part in sessions only for your own educational and non-commercial purposes, and you agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such session, except as permitted by this Agreement.

Teacher availability

Sessions are subject to teacher availability, and Moddakir does not guarantee the availability of any particular teacher (hafiz) at any given time.

• You acknowledge under this Agreement that all teachers are independent contractors who provide their services to you through the App, and are not employees or agents of Moddakir.
• The App makes no representation or warranty regarding the results of taking part in a session, including, without limitation, that your experience with a teacher will meet your expectations or goals.

Teacher notes

• Teachers may take notes about you relating to your reading level and other information about your learning of the Quran that may be discussed during the session.
• Moddakir staff and subsequent teachers may view, use and add to the notes.

Session recording

Sessions may be recorded or monitored by the App, through the voice chat provider. Under this Agreement, you agree to the following:

• The monitoring or recording of any session in which you take part.
• The copying and use of such recordings in full for any business purpose, including, without limitation, for teacher evaluation, teacher training, dispute resolution and service improvement.
• The use of some of these recordings by Moddakir for advertising and marketing purposes.
• Making those recordings available to you for review.
• These recordings are used or disclosed by Moddakir to the extent required by law or legal process, or to the extent Moddakir considers necessary for the purposes of enforcing or protecting its rights or the rights of a third party.
• Under this Agreement, you waive any rights of publicity, privacy or other rights under applicable law to the extent that such rights could be used to prevent Moddakir from using session recordings as described below, and you hereby grant Moddakir worldwide, non-exclusive, fully paid-up rights – a royalty-free licence – that are irrevocable, perpetual, licensed and transferable, under any intellectual property rights you may have in any session recording or in any content in it, to copy, modify, distribute and use such recording and content for its business purposes or as required by law or legal process.

User accounts and permissions

Registration

If you wish to use Moddakir’s services, you must register and create an account through the App. Registration requires you to:

• Create a unique username and a unique password.
• Provide an email address.
• Indicate your current country of residence.
• Indicate your native language.
• Indicate your gender.

Personal use

Your Moddakir account and the minutes you purchase for use with your account are for your use only. You agree not to share your username and password or allow anyone else to access your Moddakir account.

Password

When registering, you will be asked to provide a password. Because you will be responsible for all charges and other activities that occur under your password, you agree to keep your password confidential. You alone are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of loss, theft, unauthorized disclosure or use of your account ID or password), you will notify Moddakir immediately. You may be liable for losses incurred by Moddakir or others due to any unauthorized use of your account.

Availability of the service in the App

Moddakir may make changes to, or discontinue, any of the media, products or services available in the App at any time and without notice. The media, products or services on the App may be out of date, and the App is under no obligation to update these materials on the App.

Disclaimer and warranties

Under this Agreement, the App grants you (the user) a limited, non-exclusive warranty and a non-transferable licence to access and use the content provided in the App and the session for which you have paid all fees, for personal and not commercial purposes, through the App and its services in accordance with the terms of this Agreement.

The App and any third party, and any services, content, information, software, media or applications provided directly, or in conjunction with or through Moddakir, are provided as is and as available, without warranty of any kind (express, implied or otherwise). Moddakir disclaims all warranties, express or implied, including, without limitation, implied warranties and title.

Moddakir, its licensors and its partners do not warrant that the App will operate without interruption or be free of errors, that its shortcomings will be corrected, or that defects or faults in the service will be corrected and that it will be made available free of viruses or other harmful components.

You agree, to the maximum extent permitted by applicable law, that neither Moddakir nor any of its partners or licensors is liable for any loss or damage, whether actual or reasonably connected with, arising out of or relating to these terms of service, your use (or any third party’s use) of, or inability to use, the App, the subjects of the content on the App, or your own reliance on information obtained from or through the App, whether your claim is based in contract, tort, statute or otherwise.

In particular, and to the maximum extent permitted by applicable law, neither Moddakir nor any of its partners will be liable for any damage, whether direct, indirect, punitive, special, exemplary or incidental, whether foreseeable or unforeseeable, and whether or not Moddakir or any of its partners has been negligent or at fault (including, without limitation, claims for defamation, errors, loss of profits, loss of data or interruption in the availability of data).

Trademark restrictions

You may not use framing techniques to enclose any trademark, logo or other Moddakir materials without express written consent. You may not use any Moddakir logos, graphics or trademarks, including any meta tags or any other “hidden text”, without our express written consent, except as permitted in this Agreement.

Ownership rights

Ownership of the service and the App belongs to Moddakir. The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services and all other elements of the service and the App (Moddakir Materials) are protected by copyright, trade dress, patent and trademark laws, international conventions, and all intellectual property rights and applicable laws. All Moddakir Materials are the property of Moddakir. All trademarks, service marks and trade names are owned by Moddakir. Except as expressly authorized by Moddakir, you agree not to sell, license, distribute, modify or create derivative works from Moddakir.

Member disputes

You alone are responsible for your interactions with teachers or other students. Moddakir reserves the right to monitor disputes between you and teachers or other students, but has no obligation to do so.

Termination of this Agreement

You agree that Moddakir may, in its sole discretion and for any reason or for no reason, terminate this Agreement or any part of it and remove and discard all or any part of your account at any time. Moddakir may also, in its absolute discretion and at any time, stop providing access to the service or the App or any part of it, with or without notice. You agree that any termination of access to the service or the App, or to any account you may have or any part of it, may take effect without prior notice, and you agree that Moddakir will not be liable to you or to any third party for any such termination. Moddakir does not permit copyright-infringing activities on the service or the App, and reserves the right to terminate access to the service or the App, and to remove all content submitted, by any persons found to be repeatedly infringing its rights. Any suspected fraudulent, abusive or illegal activity that may be grounds for terminating your use of the service or the App may be referred to the appropriate law enforcement authorities.

Communication

Under this Agreement, you agree to receive communications from Moddakir electronically. We will communicate with you by email or by posting notices or guidance about the service or the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except where expressly stated otherwise, legal notices to Moddakir must be given using the email address provided by Moddakir during the registration process. Moddakir will confirm receipt of the notice within 24 hours of the email being sent, unless Moddakir is informed that the email address is invalid.

Amendments to the Agreement

Moddakir may make amendments, deletions or additions to this Agreement at any time; such changes take effect for existing users, and you will be notified of the changes through the App’s user interface. The changes apply once you opt in to, or expressly agree to, the changes or a version of this Agreement that includes them, whichever comes first. If you give written notice that you do not accept a proposed change, or you refuse to expressly agree to a proposed change, Moddakir may (at its sole discretion) either allow you to continue using the App under the terms and conditions of the current Agreement without the changes, or terminate this Agreement and your use of the App.

Governing law and dispute resolution

If we end up in a legal dispute, you and Moddakir agree that the laws of the Kingdom of Saudi Arabia exclusively govern disputes relating to this contract or the services. We both consent to the personal jurisdiction of the courts located in the Kingdom of Saudi Arabia.

Complaints and suggestions

Complaints: Moddakir has set up dedicated channels for user complaints that respect the privacy of each gender.

Suggestions: Moddakir encourages users to submit any suggestions for developing and improving the performance of the App and its services, and Moddakir will grant a reward for new and creative suggestions at its discretion, provided that the suggestion meets the following conditions: (1) The suggestion is new and creative, at Moddakir’s discretion. (2) The suggestion covers all of its details.

General provisions

• No provision of this Agreement may be waived except with Moddakir’s written authorization.
• The failure of either party at any time to require performance of any provision of this Agreement shall in no way affect that party’s right to enforce it at a later time.
• The waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of any other breaches of the same or other provisions of this Agreement.
• You may end your subscription to the App at any time if you no longer wish to continue it. The rights granted to you under this Agreement will end upon the termination of your right to use the App, but the other provisions of these terms of service will remain in effect.
• Entire agreement: All the terms of this Agreement, together with the Privacy Policy, constitute the entire agreement between you and Moddakir regarding your use of the App, and supersede any prior agreements between you and Moddakir regarding your use of the App.

Commercial Registration No.: 1010504452, Tax Registration No.: 310702217500003.