Terms and Conditions

Welcome, and thank you for your interest in Ana Akhtar (“Ana Akhtar,” “we,” “us,” or "our"), which operates the web site located at https://anaakhtar.com/ and mobile applications and online services, and any other products and services that Ana Akhtar may provide now or in the future (collectively, the “Services”). The following Terms and Conditions are a legal contract between you (“you” and “your”) and Ana Akhtar regarding your use of the Services. Visitors and users of the Services are referred to individually as “User” and collectively as “Users”. Use of the Services is governed by these Terms and Conditions and our Privacy Policy, where the Privacy Policy describes the personal information that we collect and how we use and share it.

PLEASE READ THE FOLLOWING TERMS OF SERVICEAND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”), AND THAT YOU HAVE READ THE PRIVACY POLICY (AS APPLICABLE TO WHICH SERVICES YOU CHOOSE TO USE).

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE ANA AKHTAR PLATFORM. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH ANA AKHTAR THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.

We note that the use of “You” or “Your” throughout these Terms shall also refer to the parent or guardian of the any Child User or Student User (as defined below).

1Eligibility; Accounts

THE SERVICES ARE NOT AVAILABLE TO ANY PERSONS UNDER THE LEGAL AGE OF CONSENT WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN.

1.1Acceptance

By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (o) you are of legal age of consent to open an account under the laws of your country of residence, (ii) your use of the Services has been approved by your parent or legal guardian, or (iii) by your school for school use (as explained in Section 1.5 (School Use)).

The Terms are hereby entered into and agreed upon between You and Ana Akhtar. By using any of the Services provided by Ana Akhtar Platform and/or Ana Akhtar Platform You consent to and accept these Terms and agree to be bound by them. The Services provided by Ana Akhtar includes access to website, any related links, and any other platforms or applications which are legally owned by Ana Akhtar. IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS, YOU SHOULD IMMEDIATELY STOP USING AND/OR ACCESSING THE SERVICES.

1.2Account

In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Ana Akhtar, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Ana Akhtar. You may be liable for the losses incurred by Ana Akhtar or others due to any unauthorized use of your Services account.

1.3Child User

If you are under the legal age of consent in your country, then you are a "Child User", and you may not create an account for the Services without consent and approval from your parent or legal guardian, or from your school as explained in Section 1.5 (School Use). If you are under the age of 18, (or under the legal age of majority in your country), you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as defined in Section 1.5 (School Use), Child Users that begin the registration process without a Parent User (as defined below) may have the registration process restricted until a parent or legal guardian approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with Ana Akhtar, so long as the education organization has obtained parent or legal guardian consent. A Child User will only be permitted to use the Services for so long as Ana Akhtar reasonably believes that such access has been consented to by the Child User’s parent or legal guardian, or by School Consent (as discussed in Section 1.5 (School Use)).

1.4Parent User

If you are at least 18 years of age and you are the parent or legal guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User”). For the purposes of these Terms, “parental consent” refers to a parent or legal guardian providing consent for their Child User. Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian.

IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICES BY YOUR CHILD USER.

You are responsible for educating your Child User on responsible use of the Services, including Prohibited Conduct and refraining from submitting any personally identifiable information to the Services. It is your responsibility to monitor and manage your child’s access to the Services. If you request access for your Child User, then your Child User will be considered an authorized User and you are responsible for their actions (and use of) the Services. You acknowledge that Ana Akhtar may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Ana Akhtar deems necessary to validate your registration information, or registration information associated with a Child User account, including without limitation engaging third parties to provide verification services. Ana Akhtar reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT ANA AKHTAR CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND ANA AKHTAR IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR LEGAL GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Ana Akhtar at any time and without warning for any failure to abide by these Terms.

1.5School Use

Ana Akhtar may make available certain features and tools that permit Users registered as teachers, school leaders, aides, principals, school administrators, school district administrators, or other similar school personnel ("School Personnel") to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:

1.5.1Limitations on Use.

The Services are provided to you for educational purposes as part of the school curriculum. You must use the Services in compliance with all applicable laws, rules, and regulations. You are responsible for determining (and confirming) that your use of the Services is permitted by your Institution and any applicable policies, including any school district and school policies. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services.

1.5.2Responsibility for Consent and Notices.

You and/or the Institution assume responsibility for obtaining any consents required from parents or legal guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users' use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age.

IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EACH, A “SCHOOL USER”) OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT OR LEGAL GUARDIAN FOR REGISTRATION OF THE SCHOOL USER AND DISCLOSURE OF RELATED INFORMATION TO ANA AKHTAR NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE SERVICES AND PROVIDE TO ANA AKHTAR THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER.

Ana Akhtar reserves the right to request, at any time, that School Personnel (or the Institution) provide records of notice provided to, and consent provided by, parents or legal guardians.

1.5.3Compliance with Applicable Laws.

You agree, individually and on behalf of the Institution, that:

(i)You are familiar with and agree to be responsible for compliance with all applicable laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").

(ii)You assume responsibility (and hereby agree that Ana Akhtar is not responsible for) for providing appropriate notices and disclosures to student Users using Ana Akhtar for classroom use ("Students" or "Student Users") and their parents regarding Student use of the Services, our Terms, and our Privacy Policy, including any notices pursuant to the Applicable Privacy Law. You agree to comply with any applicable requirements under the Applicable Privacy Laws and its implementing regulations to provide the parents or legal guardians of Child Users direct notice regarding our practices with respect to collection, use, and disclosure of their personal information as well as access to our Privacy Policy.

(iii)You assume responsibility (and hereby agree that Ana Akhtar is not responsible) for obtaining any consents required from parents or legal guardians, to the extent required under the Applicable Privacy Law and any other applicable laws, in connection with the Services for classroom use, and disclosure of personally identifiable information to Ana Akhtar in connection therewith. You represent and warrant to Ana Akhtar that, prior to creation of accounts for School Use, you have either obtained all necessary parent or legal guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, (if any). We refer to this as "School Consent". If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Ana Akhtar to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will Ana Akhtar be liable for the School Personnel’s failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.

1.5.4Identification of School Accounts.

Students and School Personnel have accounts established for use in the classroom and associated with the Institution's use of the Services ("School Accounts"). If the Institution has a separate written service agreement with Ana Akhtar that includes rostering services for your Institution, accounts provided for classroom use will be designated as School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as “School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School’s class on the Service.

2Privacy Policy

Your privacy is important to Ana Akhtar. Please read the Ana Akhtar Privacy Policy carefully for information relating to Ana Akhtar’s collection, use, and disclosure of your personal information. Among other things, our Ana Akhtar Privacy Policy explain how we treat your personal information and protect your privacy when you use our Services, and explain the procedures by which Users, Parent Users and School Personnel may view, update, correct, or delete their account and personal information.

3Other Guidelines

When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms. You and your use of the Services (including use by your Authorized Users) must comply at all times with these Terms.

4Modification of the Terms

Upon opening an account, you accept the Terms in the form posted on our website. Ana Akhtar reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account.

Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.

For any material changes to the Terms, Ana Akhtar will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after Ana Akhtar makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately.

If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

5User Content License Grant

5.1User Content and Ownership

The Services include features that allow Users to (a) post and/or publish questions, comments, notes, ratings, reviews, images, videos and other audio-visual materials and communications (“User Content”). You understand that whether or not such User Content is published, Ana Akhtar does not guarantee any confidentiality with respect to any User Content. Consistent with Applicable Law, as between Ana Akhtar and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Ana Akhtar does not claim any ownership rights in or to such User Content.

You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.

You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Ana Akhtar is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ana Akhtar with respect thereto. Ana Akhtar does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Ana Akhtar expressly disclaims any and all liability in connection with User Content.

5.2License Grant to Ana Akhtar

By posting, submitting or distributing User Content on or through the Services, you hereby grant to Ana Akhtar a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and Ana Akhtar’s Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records. With respect to School Accounts, consistent with Applicable Privacy Law, as between Ana Akhtar and you, you (or your school, as applicable) retain all ownership rights you have in any User Content to the extent such content is an education record.

5.3License Grant to Users

By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Ana Akhtar on or through the Services.

ANA AKHTAR HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.

The Services may permit you to download mobile applications or certain digital educational content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Ana Akhtar grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.

6Proprietary Materials; Licenses

6.1Proprietary Materials

The Services are owned and operated by Ana Akhtar. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by local and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7(Proprietary Materials; Licenses), all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Ana Akhtar, and Ana Akhtar reserves all rights therein and thereto not expressly granted by these Terms.

6.2Licensed Educational Content

Ana Akhtar may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by Ana Akhtar or its third-party licensors (the “Licensed Educational Content”). Ana Akhtar grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Ana Akhtar solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

6.3Non-Commercial Use

The Licensed Educational Content are intended for personal, non-commercial use only. Without limiting the foregoing, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Ana Akhtar.

7Prohibited Conduct

YOU AGREE NOT TO:

7.1use the Services for any commercial use or purpose unless expressly permitted by Ana Akhtar in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;

7.2except as expressly permitted under the relevant Sections of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;

7.3post, upload, generate, promote, or distribute any defamatory, discriminatory, libelous, or inaccurate User Content or other content;

7.4post, upload, generate, promote, glorify, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, sexually explicit, harassing, threatening, embarrassing, distressing, vulgar, hateful, hate speech, racially or ethnically offensive, promoting of violence, self-harm, harm to others (individuals, society or organizations), hostility, or discrimination, false or misleading, misinformation, malware, content intended to cause harm, or otherwise inappropriate;

7.5use the Services in any manner that is harmful to minors, or in any manner that violates Ana Akhtar’s community guidelines;

7.6impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, create accounts via bots or other automated means, mislead any person through use of the Services is human-generated, or perform any other fraudulent activity;

7.7use of the Services to commit any act of educational dishonesty;

7.8develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy lessons and other data from the Services;

7.9use bots or other automated methods to access the Services;

7.10delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content or User Content;

7.11assert, or authorize, assist, or encourage any third party to assert, against Ana Akhtar or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Contentor User Content you have used, submitted, or otherwise made available on or through the Services;

7.12make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, political campaign materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);

7.13use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

7.14defame, harass, bully, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;

7.15probe, scan, remove, circumvent, disable, damage or otherwise interfere with or test the vulnerability of security-related features of the Services, Licensed Educational Content, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, or User Content, or otherwise access, tamper with, or use non-public portions of the Services without our authorization;

7.16reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law (in which case you must contact Ana Akhtar to give notice of the proposed activity and discuss alternative means to obtain the desired information from Ana Akhtar) notwithstanding this limitation;

7.17modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Ana Akhtar herein or to the extent the foregoing restriction is expressly prohibited by applicable law (in which case you must contact Ana Akhtar to give notice of the proposed activity and discuss whether Ana Akhtar is willing to provide the desired derivative works); or

7.18intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks, any prompt injection attack or other attempt to interfere with intended functionality of the Services, or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

8Third-Party Sites, Products and Services; Links

The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Ana Akhtar does not endorse any such Reference Sites, or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.

9Term and Termination

9.1Term

These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.

9.2Termination by Ana Akhtar

Ana Akhtar, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with Ana Akhtar or (ii) your use of the Services, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time. Ana Akhtar may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Ana Akhtar will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Ana Akhtar may have at law. As discussed herein, Ana Akhtar does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.

9.3Termination by You

Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) Guidelines, (iv) any policy or practice of Ana Akhtar in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.

9.4Termination of School Personnel, Child and Student Accounts

Certain Users (e.g., Parent Users and School Personnel) may terminate these Terms with respect to their account or to a Child or Student User account that was created by them or at their direction, as provided in this Section.

9.4.1Termination by School Personnel.

School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us, provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate accounts created for school use. Prior to termination of School Accounts at the direction of School Personnel, Ana Akhtar may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under these Terms (including such User's learning activity). Any such Personal accounts will be established under Ana Akhtar's standard account opening process, including parental consent for Users under the age of 13.

9.4.2Termination by Parents.

As a Parent User, if you created a Child account on the Services and have a Parent User account associated with the Child account, you can terminate your Child’s login account through the account profile, or by contacting our customer support team, although we may need to verify your identity prior to taking any action with respect to the account. Parents of Students who are using School Accounts created by or at the direction of your Child’s teacher in school may first need to contact your child’s school to request termination.

9.5Responsibility for Pre-Termination activity

Termination of the Terms as to any User account will not limit Ana Akhtar’s rights and remedies regarding any breach of these Terms occurring prior to such termination.

10Representations and Warranties

You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international or local law, statute, ordinance or regulation or which would render Ana Akhtar in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law(s)”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise Prohibited Conduct as defined in Section 7 of these Terms; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms; (ii) you will comply with Applicable Laws in connection with your use of the Service; and (iii), if you are School Personnel, you understand that you are responsible for providing notices and obtaining consents (if any) required by Applicable Laws for students to use the Services.

11Indemnification

You agree, to the extent permissible under the Applicable Laws to You, to indemnify, defend, and hold harmless Ana Akhtar, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“Ana Akhtar Parties") from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User or School User whose account you have approved as a Parent User or School Personnel; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any required consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Ana Akhtar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Ana Akhtar, and you agree to cooperate with Ana Akhtar’s defense of these claims. You agree not to settle any such matter without the prior written consent of Ana Akhtar. Ana Akhtar will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12Disclaimers; No Warranties

12.1No Warranties

THE SERVICES, AND ALL DATA, INFORMATION, SOFTWARE, SERVICES MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES (THE "ANA AKHTAR OFFERINGS"), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ANA AKHTAR PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANA AKHTAR OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

12.2Content

ANA AKHTAR, AND THE ANA AKHTAR PARTIES, DO NOT WARRANT THAT THE SERVICES OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

ANA AKHTAR AND THE ANA AKHTAR PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE ANA AKHTAR OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.

12.3Harm to Your Computer

YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE SERVICES (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.

13Limitation of Liability and Damages

13.1Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANA AKHTAR OR THE ANA AKHTAR PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF ANA AKHTAR OR A ANA AKHTAR PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE ANA AKHTAR OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH ANA AKHTAR OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE ANA AKHTAR OFFERINGS, INCLUDING OTHER USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ANA AKHTAR’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13.2Limitation of Damages

IN NO EVENT WILL ANA AKHTAR’S OR THE ANA AKHTAR PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICES OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO ANA AKHTAR, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13.3User Disputes.

Ana Akhtar is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.

13.4Release.

If you have a dispute with one or more Users, you release us (and the Ana Akhtar Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data.

14Miscellaneous

14.1Notice: Any notice or other communication given under or in connection with these Terms will be in writing, in the English language, marked for the attention of the representative of the party to be given the notice or communication. Any notice or communication given in accordance with this clause will be deemed to have been served

14.2Waiver: The failure of Ana Akhtar to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Ana Akhtar.

14.3Assignment: The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Ana Akhtar’s prior written consent, but may be assigned by Ana Akhtar without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

14.4Survival: Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2 (Privacy Policy), 4 (Modification of the Terms) 5 (User Content License Grant), 6.1 (Proprietary Materials), 6.3 (Non-Commercial Use), and 7 (Prohibited Conduct) through 15 (Miscellaneous).

14.5Headings: The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

14.6Entire Agreement: The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and Ana Akhtar relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Ana Akhtar as set forth in Section 4 (Modification of the Terms) above.

15Governing Law

15.1These Terms and any dispute or claim, including any non-contractual dispute or claim, arising out of or in connection with them, their subject matter or formation, shall be governed by and construed in accordance with the laws of the United Arab Emirates.

15.2Each party irrevocably agrees that the competent courts of Sharjah, United Arab Emirates, shall have exclusive jurisdiction to settle any dispute or claim, including any non-contractual dispute or claim, arising out of or in connection with these Terms, their subject matter or formation.