Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of
your use of the “DAP” mobile application (“Mobile Application” or “Service”) and any
of its related products and services (collectively, “Services”). This Agreement is
legally binding between you (“User”, “you” or “your”) and TheOnlooker LLC
(“TheOnlooker LLC”, “we”, “us” or “our”). If you are entering into this Agreement on
behalf of a business or other legal entity, you represent that you have the authority
to bind such entity to this Agreement, in which case the terms “User”, “you” or “your”
shall refer to such entity. If you do not have such authority, or if you do not agree
with the terms of this Agreement, you must not accept this Agreement and may not
access and use the Mobile Application and Services. By accessing and using the Mobile
Application and Services, you acknowledge that you have read, understood, and agree to
be bound by the terms of this Agreement. You acknowledge that this Agreement is a
contract between you and TheOnlooker LLC, even though it is electronic and is not
physically signed by you, and it governs your use of the Mobile Application and
Services.
Accounts and membership
You must be at least 18 years of age to use the Mobile Application and Services. By
using the Mobile Application and Services and by agreeing to this Agreement you
warrant and represent that you are at least 16 years of age.
If you create an account in the Mobile Application, you are responsible for
maintaining the security of your account and you are fully responsible for all
activities that occur under the account and any other actions taken in connection with
it. We may, but have no obligation to, monitor and review new accounts before you may
sign in and start using the Services. Providing false contact information of any kind
may result in the termination of your account. You must immediately notify us of any
unauthorized uses of your account or any other breaches of security. We will not be
liable for any acts or omissions by you, including any damages of any kind incurred as
a result of such acts or omissions. We may suspend, disable, or delete your account
(or any part thereof) if we determine that you have violated any provision of this
Agreement or that your conduct or content would tend to damage our reputation and
goodwill. If we delete your account for the foregoing reasons, you may not re-register
for our Services. We may block your email address and Internet protocol address to
prevent further registration.
User content
We do not own any data, information or material (collectively, “Content”) that you
submit in the Mobile Application in the course of using the Service. You shall have
sole responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all submitted
Content. We may, but have no obligation to, monitor and review the Content in the
Mobile Application submitted or created using our Services by you. You grant us
permission to access, copy, distribute, store, transmit, reformat, display and perform
the Content of your user account solely as required for the purpose of providing the
Services to you. Without limiting any of those representations or warranties, we have
the right, though not the obligation, to, in our own sole discretion, refuse or remove
any Content that, in our reasonable opinion, violates any of our policies or is in any
way harmful or objectionable. You also grant us the license to use, reproduce, adapt,
modify, publish or distribute the Content created by you or stored in your user
account for commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and payable.
Where Services are offered on a free trial basis, payment may be required after the
free trial period ends, and not when you enter your billing details (which may be
required prior to the commencement of the free trial period). If auto-renewal is
enabled for the Services you have subscribed for, your payment information will be
securely saved and you will be charged automatically in accordance with the term you
selected. If, in our judgment, your purchase constitutes a high-risk transaction, we
will require you to provide us with a copy of your valid government-issued photo
identification, and possibly a copy of a recent bank statement for the credit or debit
card used for the purchase. We reserve the right to change products and product
pricing at any time. We also reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the email and/or billing address/phone number
provided at the time the order was made. In case of upgrade or downgrade no refund is
given to the user.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains
typographical errors, inaccuracies or omissions that may relate to promotions and
offers. We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Mobile
Application or Services is inaccurate at any time without prior notice (including
after you have submitted your order). We undertake no obligation to update, amend or
clarify information in the Mobile Application including, without limitation, pricing
information, except as required by law. No specified update or refresh date applied in
the Mobile Application should be taken to indicate that all information in the Mobile
Application or Services has been modified or updated.
Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. The service
uptime guarantee does not apply to service interruptions caused by: (1) periodic
scheduled maintenance or repairs we may undertake from time to time; (2) interruptions
caused by you or your activities; (3) outages that do not affect core Service
functionality; (4) causes beyond our control or that are not reasonably foreseeable;
and (5) outages related to the reliability of certain programming environments.
Backups
We are not responsible for the Content residing in the Mobile Application. In no event
shall we be held liable for any loss of any Content. It is your sole responsibility to
maintain appropriate backup of your Content. Notwithstanding the foregoing, on some
occasions and in certain circumstances, with absolutely no obligation, we may be able
to restore some or all of your data that has been deleted as of a certain date and
time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other resources
Although the Mobile Application and Services may link to other resources (such as
websites, mobile applications, etc.), we are not, directly or indirectly, implying any
approval, association, sponsorship, endorsement, or affiliation with any linked
resource, unless specifically stated herein. Some of the links in the Mobile
Application may be “affiliate links”. This means if you click on the link and purchase
an item, TheOnlooker LLC will not receive an affiliate commission. We are not
responsible for examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their resources. We do not assume any
responsibility or liability for the actions, products, services, and content of any
other third parties. You should carefully review the legal statements and other
conditions of use of any resource which you access through a link in the Mobile
Application. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from
using the Mobile Application and Services or Content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality
or operation of the Mobile Application and Services, third party products and
services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent
the security features of the Mobile Application and Services, third party products and
services, or the Internet. We reserve the right to terminate your use of the Mobile
Application and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by
statute, common law or equity in or in relation to any copyright and related rights,
trademarks, designs, patents, inventions, goodwill and the right to sue for passing
off, rights to inventions, rights to use, and all other intellectual property rights,
in each case whether registered or unregistered and including all applications and
rights to apply for and be granted, rights to claim priority from, such rights and all
similar or equivalent rights or forms of protection and any other results of
intellectual activity which subsist or will subsist now or in the future in any part
of the world. This Agreement does not transfer to you any intellectual property owned
by TheOnlooker LLC or third parties, and all rights, titles, and interests in and to
such property will remain (as between the parties) solely with TheOnlooker LLC. All
trademarks, service marks, graphics and logos used in connection with the Mobile
Application and Services, are trademarks or registered trademarks of TheOnlooker LLC
or its licensors. Other trademarks, service marks, graphics and logos used in
connection with the Mobile Application and Services may be the trademarks of other
third parties. Your use of the Mobile Application and Services grants you no right or
license to reproduce or otherwise use any of TheOnlooker LLC or third party
trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will TheOnlooker LLC,
its affiliates, directors, officers, employees, agents, suppliers or licensors be
liable to any person for any indirect, incidental, special, punitive, cover or
consequential damages (including, without limitation, damages for lost profits,
revenue, sales, goodwill, use of content, impact on business, business interruption,
loss of anticipated savings, loss of business opportunity) however caused, under any
theory of liability, including, without limitation, contract, tort, warranty, breach
of statutory duty, negligence or otherwise, even if the liable party has been advised
as to the possibility of such damages or could have foreseen such damages. To the
maximum extent permitted by applicable law, the aggregate liability of TheOnlooker LLC
and its affiliates, officers, employees, agents, suppliers and licensors relating to
the services will be limited to an amount no greater than one dollar or any amounts
actually paid in cash by you to TheOnlooker LLC for the prior one month period prior
to the first event or occurrence giving rise to such liability. The limitations and
exclusions also apply if this remedy does not fully compensate you for any losses or
fails of its essential purpose.
Indemnification
You agree to indemnify and hold TheOnlooker LLC and its affiliates, directors,
officers, employees, agents, suppliers and licensors harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred
in connection with or arising from any third party allegations, claims, actions,
disputes, or demands asserted against any of them as a result of or relating to your
Content, your use of the Mobile Application and Services or any willful misconduct on
your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws
and are intended to be limited to the extent necessary so that they will not render
this Agreement illegal, invalid or unenforceable. If any provision or portion of any
provision of this Agreement shall be held to be illegal, invalid or unenforceable by a
court of competent jurisdiction, it is the intention of the parties that the remaining
provisions or portions thereof shall constitute their agreement with respect to the
subject matter hereof, and all such remaining provisions or portions thereof shall
remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes
arising out of it shall be governed by the substantive and procedural laws of United
Arab Emirates without regard to its rules on conflicts or choice of law and, to the
extent applicable, the laws of United Arab Emirates. The exclusive jurisdiction and
venue for actions related to the subject matter hereof shall be the courts located in
United Arab Emirates, and you hereby submit to the personal jurisdiction of such
courts. You hereby waive any right to a jury trial in any proceeding arising out of or
related to this Agreement. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your
rights or obligations hereunder, in whole or in part, without our prior written
consent, which consent shall be at our own sole discretion and without obligation; any
such assignment or transfer shall be null and void. We are free to assign any of its
rights or obligations hereunder, in whole or in part, to any third party as part of
the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Mobile
Application and Services at any time at our discretion. When we do, we will revise the
updated date at the bottom of this page. We may also provide notice to you in other
ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of
the revised Agreement unless otherwise specified. Your continued use of the Mobile
Application and Services after the effective date of the revised Agreement (or such
other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By accessing and using the Mobile Application and Services you agree to be
bound by this Agreement. If you do not agree to abide by the terms of this Agreement,
you are not authorized to access or use the Mobile Application and Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we
encourage you to contact us using the details below: info@dapme.net
This document was last updated on August 2025