Terms, Conditions and Legal Disclaimer

Last Updated: 10.04.2025.

Version: 1.2

Please read this Agreement carefully before using the Website, Web and Mobile application (the “App”) Dayandnightdubai.com, operated by Creative Marketing Solutions LLC. By downloading, accessing, or using this geolocation-based App, you agree to be bound by these Terms and Conditions and Legal Disclaimer (the “Agreement”).

This Agreement is a legally binding contract between you and the operator of the App (“the Company,” “we,” “us,” or “our”). It outlines your rights and obligations as a user, business or attraction owner, the limitations of our liability, and important disclaimers. Throughout this Agreement, the terms “Business” or “Business Listing” refer collectively to both businesses and attractions, unless stated otherwise.

If you do not agree to any part of this Agreement, do not use the App. This App is operated in Dubai, United Arab Emirates (UAE) and is intended to connect users with local businesses and attractions. The App promotes businesses and attractions by providing information such as location and services, but does not facilitate or process transactions between users and those businesses. By using the App, you acknowledge and accept that the App’s role is solely as an information platform and bridge between businesses and users, as detailed below.

1. Definitions For the purposes of this Agreement, the following terms have these meanings:

   • “App” – The geolocation-based mobile application and related services provided by us, through which businesses are listed and promoted to users.
   • “Company” – The owner and operator of the App (referred to as “we,” “us,” or “our”).
   • “User” – Any individual who accesses or uses the App to find or view business listings (this includes consumers/end-users of the App).
   • “Business”, “Business Owner” – Any individual or entity that is listed on the App or that uses the App to promote their business, attraction, products, or services.
   • “Listing”, “Business Listing” – Information or content on the App related to a particular Business or Attraction, including its name, location, contact details, description, and other relevant information provided.
   • “Services” – The services we provide through the App, primarily the hosting of Business Listings and location-based information to Users.
   • “Content” – All information, text, images, data, and materials available on or through the App. This includes Business Listings (content provided by Business and/or Attraction Owners), any user-generated content (if applicable), and content we provide.
   • Unless the context indicates otherwise, “you” and “your” refer to any User of the App. Business and Attraction Owners who use the App are also Users, but may have additional obligations as specified in the Business Owner Obligations section.
   • The headings in this Agreement are for convenience only and do not affect interpretation.
   • All references to laws and regulations are to those of the United Arab Emirates, unless stated otherwise.

2. Purpose of the App and Role of the Company

   2.1 Platform for Information:

   The App provides a location-based platform for Users to discover businesses (such as restaurants, attractions, shops, services, etc.) in Dubai and across the UAE. We display information including business addresses, contact information, descriptions of products or services, operating hours, promotions, and other details that may help Users find and choose local businesses.

   2.2 No Transaction Facilitation:

   The App does not facilitate payments, bookings, orders, or transactions between Users and Businesses. We are not a marketplace, agent, retailer, or provider of the products/services offered by the Businesses listed. Our role is limited to displaying information and promotions provided by Businesses so that Users can connect with them outside the App (for example, by visiting the business’s location, calling them, or using the business’s own website). Any actual purchase, sale, booking, or service fulfillment occurs solely between the User and the Business, outside of our platform.

   2.3 No Agency or Partnership:

   Nothing in this Agreement or in the operation of the App shall be construed as creating any partnership, joint venture, employment, or agency relationship between the Company and any Business or User. We do not represent or act on behalf of any User or Business in any dealings. We do not guarantee any User will patronize a Business, nor guarantee any Business will meet a User’s expectations. Businesses are independent third parties, and Users and Businesses each act at their own discretion and risk when engaging with one another.

   2.4 No Endorsement or Guarantee:

   Listings of Businesses on the App are for informational and promotional purposes only. Such listings do not constitute an endorsement, recommendation, or guarantee by the Company of that Business’s quality, credibility, safety, or suitability. We do not vet or individually verify every piece of information provided by Businesses, and appearance on the App does not mean the Business is certified, verified, or endorsed by us. Users should exercise due diligence and common sense when deciding to visit or engage with a listed Business.

   2.5 User–Business Interactions at Own Risk:

   Any interaction, communication, transaction, or dispute between a User and a Business is solely between those parties. The Company is not a party to any agreements or dealings between Users and Businesses. Users and Businesses assume all risks arising from their interactions with each other, whether online or in person. This includes but is not limited to any disputes, injuries, losses, damages, or dissatisfaction that may result from a Business’s products or services or from any information found on the App. We are not responsible or liable for any such issues or outcomes, as further disclaimed in Section 7 of this Agreement.

3. User Terms and Responsibilities

   This section applies to you if you are using the App as a consumer or end-user seeking information on Businesses. By using the App, you agree to the following terms and responsibilities:

   3.1 Appropriate Use and Conduct:

   You agree to use the App only for its intended purpose of finding and viewing business information, and in compliance with all applicable laws and regulations of the UAE. By using the App, you shall not:

   • Use the App for any unlawful, fraudulent, or malicious activities, or in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use of the App.
   • Post or transmit any content that is illegal, defamatory, harassing, obscene, pornographic, hateful, or otherwise objectionable or offensive under UAE laws and cultural standards. This includes content that infringes any third-party rights (such as intellectual property rights or privacy rights) or violates public morality laws of the UAE.
   • Misrepresent your identity or affiliation, or attempt to deceive others. For example, you must not impersonate another person or falsely claim to represent a Business if you do not.
   • Use any automated means (such as bots, scrapers, or spiders) to access or collect data from the App without our prior written permission. Similarly, you must not attempt to reverse engineer, decompile, or extract the App’s source code or software.
   • Introduce or upload any malicious code, viruses, or harmful components, or otherwise attempt to compromise the security of the App.
   • Harvest or collect any information about other Users or Businesses (including personal data or business details) for unauthorized purposes, such as unsolicited marketing or spamming.

   3.2 Account Registration:

   If the App requires or allows you to create an account or profile, you agree to provide true, accurate, and complete information during registration and to keep that information updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to keep your account secure.

   3.3 Age and Eligibility:

   You affirm that you are of legal age and capacity to use the App and enter into this Agreement (in the UAE, this is generally 18 years old). If you are under 18, you may only use the App under the supervision and with the consent of a parent or legal guardian, who will be bound by this Agreement. We do not knowingly collect personal information from individuals under 13 without parental consent, consistent with our Privacy Policy.

   3.4 Reliance on Information:

   You understand that the information on the App (including Business Listings, addresses, and user reviews or ratings if available) may not always be perfectly accurate or up-to-date. Use your own judgment and verify critical details by contacting the Business directly before relying on information from the App. For example, before traveling to a business, you may wish to confirm its address, operating hours, or the availability of a promoted offer. Any reliance you place on information from the App is at your own risk.

   3.5 Interactions with Businesses:

   When you choose to engage with or patronize a Business found through the App, you do so at your own discretion and risk. It is your responsibility to take any precautions necessary for your safety and to make sure that the goods or services meet your needs. If you have any dispute, claim, or issue with a Business (such as dissatisfaction with their service, a billing issue, or a product defect), you must resolve that directly with the Business. The Company is not obligated to intervene or mediate in such disputes and will not be liable for any resulting damages or claims (see Section 7 on Liability). However, we encourage Users to inform us (via the contact information at the end of this Agreement) if a Business listing is misleading, inappropriate, or if a serious issue occurred, so we can consider appropriate action (such as reviewing or removing the listing to protect other Users).

   3.6 Indemnification by Users:

   You agree that you will use the App in accordance with this Agreement and indemnify the Company for any breach (see Section 8 for the full Indemnification clause). In summary, if your actions or content on the App cause any legal claim or damage to the Company (for example, you post a defamatory comment about a Business, or you otherwise violate the law through the App), you agree to compensate the Company for any resulting liability, costs, or losses.

   3.7 Device and Location Access:

   The App’s functionality may depend on accessing your device’s location services (GPS) to provide location-based results. You understand that you may need to grant the App permission to access your device’s location data. If you do not allow location access, certain features may not function properly. It is your responsibility to manage your device settings. Additionally, you are responsible for any charges (e.g., mobile data fees) incurred while using the App. By adhering to these User responsibilities, you help us maintain a reliable and lawful platform for everyone’s benefit. Violation of any of the above can result in suspension or termination of your access to the App (see Section 11 on Termination).

4. Business Owner Obligations

   This section applies to you if you are a Business Owner or representative using the App to list or promote a business. By using the App as a Business Owner, you agree to the following additional terms:

   4.1 Accurate and Updated Listings:

   You are responsible for providing and maintaining truthful, accurate, current, and complete information about your Business in your Listing. This includes, but is not limited to: your business name, address/location, contact details, description of products and services, operating hours, prices or fees (if mentioned), and any promotions or special offers. You agree to promptly update your Listing through the App’s admin interface. The Company is not responsible for verifying the accuracy of your Listing, so it is crucial that you ensure it is correct. Any inaccuracies or misleading information in your Listing are your responsibility, and you may be liable to Users or regulatory authorities for any harm or confusion caused by false or outdated information. As a registered business owner, you will have access to an admin panel where you can manage your listing content (e.g. business description, images, menus, operating hours, promotions, etc.). This admin panel allows you to create, edit, and publish content for your listing directly. You are solely responsible for all content (text, images, links, and any other materials) that you upload or publish via your admin panel. We do not pre-approve content you post; you take full responsibility for ensuring it meets our guidelines and applicable laws.

   4.2 Compliance and Legality:

   You represent and warrant that your business is duly licensed and compliant with all applicable laws and regulations in the UAE, and specifically in the Emirate of Dubai if applicable. This includes having all required trade licenses, permits, approvals, and following all regulations related to your industry (health and safety, consumer protection, advertising standards, etc.). All content and promotions you provide for your Listing must comply with UAE law and standards. For example, if you advertise discounts or promotions, you must comply with any applicable consumer protection laws and advertising regulations (ensuring the offer is genuine and honored as stated). You must not use the App to promote any illegal products or services, or to engage in any fraudulent or misleading advertising. If your business is subject to any special regulations (for instance, if you are in a regulated industry like healthcare, financial services, etc.), you are solely responsible for compliance with those rules in the content you post on the App. The Company assumes no responsibility for your legal compliance, and you agree to indemnify us for any fines, losses, or damage resulting from your non-compliance (see Section 8).

   4.3 Quality of Services and User Disputes:

   You are solely responsible for the quality, safety, and delivery of your own products and services that you offer to Users. Any arrangement or transaction entered into with a User who discovered your business through the App is strictly between you and that User. If a User has complaints, demands, or legal claims regarding your products/services (for example, a customer injury at your premises, dissatisfaction with service, or a product causing harm), you must address and resolve those directly with the User. The User’s decision to engage with you is based on your independent offering, and the Company is not responsible for, and will not guarantee or resolve, any such issues. By being listed on the App, you agree that you will not hold the Company liable for any claims arising out of interactions with Users, and you will not involve the Company in litigation or disputes between you and a User.

   4.4 Content Provided by Business Owner:

   Any text, images, logos, trademarks, coupons, or other materials you submit to the App for inclusion in your Listing (“Business Content”) must be owned by you or you must have the legal right to use and publish them. By providing Business Content, you grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute that content on the App for the purpose of promoting your listing and operating the Service. You also authorize us to make minor edits or translations to your content as necessary (for example, to correct obvious errors or fit technical requirements), though we have no obligation to do so. You retain ownership of your own trademarks, logos, and proprietary content; our use is only for facilitating your Listing. If you include photographs or descriptions, they must accurately represent your business and not be misleading or infringe any third-party rights (e.g., do not upload images you took from another website without permission). The Company reserves the right, at any time and in its sole discretion, to refuse or remove any Business Content that violates this Agreement or is deemed inappropriate, illegal, or offensive.

   4.5 Promotions and Offers:

   If you advertise any special offers, discounts, vouchers, or promotions on the App, you are fully responsible for fulfilling those promises in accordance with their terms and applicable law. Ensure that any conditions or limitations (expiry dates, usage conditions, limited availability, etc.) are clearly stated in your Listing. Do not post any offer that you do not intend to honor. If you fail to deliver on an advertised promotion, you may face complaints from Users or enforcement action from consumer protection authorities, for which you bear sole responsibility. The Company does not guarantee any minimum exposure or response to your promotions on the App, and we are not liable for any loss incurred by you in running a promotion (see Section 7 for liability disclaimers).

   4.6 Payment and Subscription Terms:

   Access to the App’s core services is provided on a paid basis. Subscription plans are billed on a recurring monthly cycle by default, unless otherwise stated. The Company may offer additional premium tiers or advertising features at a different price, which will be clearly communicated through the App or a separate agreement. All prices are stated in United Arab Emirates Dirhams (AED). Once the Company is registered under the UAE VAT system, applicable taxes (such as VAT) will be shown and charged at checkout. You agree to pay all applicable fees in accordance with the selected plan and billing terms. Failure to make timely payment may result in the suspension or termination of your subscription. Unless otherwise required by law, all payments are non-refundable, including in cases of early cancellation or violation of this Agreement. The Company reserves the right to revise pricing, introduce new plans, or modify features with reasonable notice.

   4.7 No Guarantee of Results:

   The Company does not guarantee any particular outcome or business results from being listed on the App. While we strive to provide broad visibility for Businesses, we make no promise of a specific number of views, leads, or customers through the App. The effectiveness of your listing or any advertising on the App may vary and is subject to User interest and other factors beyond our control. You acknowledge that the App may experience downtime or errors, or may not always include all potential Users. The Company will not be liable for any loss of business opportunity, revenue, or any business interruption costs that you may incur as a result of using (or inability to use) the App, or due to any temporary suspension of the App’s services. Use of the App as part of your marketing strategy is at your own risk, and it should not be your sole source of outreach.

   4.8 Indemnification by Businesses:

   In addition to the general indemnity in Section 8, you as a Business agree to indemnify and hold the Company harmless from any claims, lawsuits, losses, or damages (including legal fees) arising out of content you provided, your use of the App, or your interactions with Users. This means if the Company faces a claim or incurs any liability because of your actions or omissions – for example, a claim that you provided false advertising on the App, or that a User was harmed by a product you sold them, or any regulatory fine due to your non-compliance – you will reimburse the Company for all costs and damages. This clause continues to apply even if you remove your business listing or stop using the App.
   By fulfilling these obligations, Business Owners contribute to a trustworthy platform and positive experience for Users. The Company reserves the right to suspend or terminate a Business listing for any violation of these terms or if required by law (see Section 11 on Termination).

5. Content Ownership and Intellectual Property

   5.1 Company Content:

   The App and all content created by the Company or its licensors, including but not limited to the App’s design, layout, compilation of listings, text, graphics, logos, button icons, images, and software (collectively, “Company Content”), are the intellectual property of the Company or its content suppliers and are protected by copyright, trademark, and other intellectual property laws. All Company trademarks, logos, and brand names that appear on the App are owned by the Company (or its affiliates) or are used under license. You may not use, reproduce, or display any Company Content or trademarks outside the App without our prior written consent, except for your personal, non-commercial use of the App in accordance with this Agreement. Using the App does not grant you any ownership rights or licenses to any of the intellectual property in Company Content, aside from the limited right to use the App as provided herein.

   5.2 User and Business Content:

   Content that you (as a User or Business) submit, post, or otherwise make available on the App – such as business descriptions, logos, images, or (if enabled) user reviews and feedback – remains your intellectual property or the property of the original rights holder. By providing or posting such content on the App, you are granting the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, modify, distribute, publicly display, and create derivative works from that content solely for the purpose of operating, marketing, or improving the App and our services. This license will end when you remove your content from the App or delete your account, except to the extent your content has been shared with others and they have not deleted it, or it was used in any Company advertising or materials already produced. You represent and warrant that you have all necessary rights to upload or share any content you provide and that our use of your content as permitted by this Agreement will not infringe or violate any third-party rights.

   5.3 Third-Party Content and Links:

   The App may contain content supplied by third parties (for example, map data, user comments, or third-party logos) or links to third-party websites (such as a Business’s own website or a social media page). All third-party content and links are provided for your convenience only. We do not control or endorse third-party content or sites and are not responsible for their accuracy, legality, or functionality. If you access a third-party website or rely on third-party content, you do so at your own risk. Any use of third-party trademarks or service marks on the App (such as a Business’s brand name or logo) is done solely to identify the Business in question; it does not imply any affiliation with or endorsement by the Company, and those trademarks remain the property of their respective owners.

   5.4 Prohibited Uses of Content:

   You agree not to copy, scrape, aggregate, republish, upload, post, or distribute any content from the App (including Business Listings and user reviews) for any commercial purpose without the Company’s prior written consent. This includes not using any data mining, robots, or similar data gathering and extraction tools to collect content from the App. Additionally, you must not frame or mirror any part of the App on any other site or service. Any unauthorized use of the App’s content may violate copyright, trademark, and privacy laws and will be grounds for terminating your access to the App.

   5.5 Feedback:

   If you provide the Company with any suggestions, ideas, enhancement requests, or other feedback about the App (“Feedback”), you acknowledge that such Feedback is given voluntarily and the Company may use, disclose, and exploit it without obligation or compensation to you. Any implementation of Feedback would still be owned by the Company.

6. Privacy and Data Use

   Your privacy is important to us. This section summarizes how we handle your personal data when you use the App, especially concerning location data, and references our full Privacy Policy:

   6.1

   When you use the App, we may collect certain personal information from you, including but not limited to your name, email address, contact details, and other information you provide (such as venue names or listings). We also collect location data from your device (e.g., GPS coordinates or similar) to support geolocation-based features — for example, showing nearby businesses. By using the App, you consent to our collection and use of your location data for these purposes. You can withdraw location access at any time via your device settings; however, certain features may not function properly without it.

   6.2 Use of Personal Data:

   Any personal information we collect is used in accordance with our Privacy Policy (which is hereby incorporated into this Agreement by reference). Generally, we use your information to operate and improve the App, to personalize your experience (such as showing relevant nearby businesses), to communicate with you (such as sending updates or responding to inquiries), and to facilitate connections with Businesses (for example, if you request information or a callback from a Business through the App). We may also use aggregated, anonymized data for analytical purposes to understand how the App is used.

   6.3 Sharing of Information:

   We respect your privacy and will not sell or rent your personal information to third parties for their own marketing purposes without your explicit consent. However, in order to operate the App and provide services, we may share information with certain third parties under strict conditions, for example:

   • With Businesses, if you choose to contact or interact with a Business via the App (for instance, if you fill out a contact form or request a quote, the information you provide will be sent to that Business). In such cases, the Business is receiving your information for the purpose of responding to you, and the Business is expected to handle your information in accordance with applicable privacy laws.
   • With service providers working on our behalf (e.g., cloud hosting providers, analytics services) who need access to such data to perform their functions, under confidentiality agreements.
   • If required by law or legal process, or to enforce our rights (for example, responding to a court order, or to protect the rights, property, or safety of the Company, our users, or others). For full details on how we collect, use, share, and protect your data, please review our Privacy Policy (available at [link to Privacy Policy]). By using the App, you acknowledge that you have read and understood the Privacy Policy.

   6.4 Data Security:

   We implement reasonable administrative, technical, and physical security measures designed to protect your personal information from unauthorized access, loss, misuse, or alteration. However, you understand that no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal data, we cannot guarantee absolute security, and we shall not be liable for unauthorized access or hacking that is beyond our control. You are also responsible for maintaining the confidentiality of any account credentials you use to access the App.

   6.5 Data Protection Law Compliance:

   We are committed to complying with applicable data protection laws and regulations in the UAE, including the UAE’s personal data protection laws, as well as any other laws that apply to our operations. Similarly, if you are a Business, you agree to comply with relevant data protection and privacy laws with respect to any personal data of Users that you obtain through the App. For example, if you receive a User’s contact details via the App, you should use that information only for the intended purpose (responding to the user’s inquiry or providing services) and not for unsolicited marketing unless the user has expressly consented. You must also protect such data and not disclose it to third parties except as permitted by law.

   6.6 Cookies and Similar Technologies:

   The App or its website may use cookies or similar tracking technologies to enhance user experience (for example, to remember your preferences or login session) and to collect usage statistics. Details about our use of cookies can be found in the Privacy Policy or a Cookie Notice on our website. By using the App, you consent to the use of cookies as described in those policies. You may be able to control cookies through your browser settings or device settings; however, disabling cookies may affect functionality of the App or website. By using the App, you agree to the collection and use of your data in accordance with this Agreement and our Privacy Policy. If you do not agree with our data practices, please discontinue use of the App.

7. Disclaimers of Warranties

   7.1 “As Is” and “As Available” Basis:

   The App and all content and services provided through it are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of data. We do not guarantee that the App will meet your requirements or expectations, or that the results of using the App will be accurate, up-to-date, or reliable.

   7.2 No Warranty of Accuracy:

   The Company makes no warranty or guarantee as to the completeness, accuracy, or reliability of any content available on or through the App, including Business Listings and any information about Businesses (such as their services, pricing, location, or availability). While we strive to encourage accurate information, information on the App may contain errors, omissions, or may be incomplete. It is the responsibility of each Business to provide accurate information and of each User to verify information of importance to them. We do not warrant that any defects or inaccuracies will be corrected promptly or at all.

   7.3 No Guarantee of Service Quality or Availability:

   The Company does not warrant or guarantee the quality, suitability, or availability of any products or services offered by Businesses listed on the App. We also do not guarantee that the App itself will be uninterrupted, timely, secure, or error-free. There may be times when the App is unavailable due to maintenance, technical issues, or factors beyond our control. We do not guarantee that the App will be accessible at all times, or that it will be free of viruses or other harmful components, despite our efforts in security. You assume all risk for any damage to your device or data loss that results from using the App or downloading any content from the App.

   7.4 Third-Party Responsibility:

   Any dealings or interactions you have with third parties (including Businesses or advertisers) through the App are solely between you and that party. The Company makes no promises or assurances regarding any third party’s actions or products. For example, we do not guarantee that Businesses will honor their advertised services or that they are reputable or safe. Engaging with any Business or third-party based on information from the App is at your own risk. We do not monitor or control the outcome of those interactions.

   7.5 No Duty to Monitor:

   You acknowledge that we have no obligation to monitor or moderate any content posted by Users or Businesses (such as reviews or Business Listings), and we disclaim any responsibility for any such content. We reserve the right to review or remove content that violates this Agreement or applicable law, but we do not guarantee that all inappropriate content will be immediately taken down.

   7.6 Additional Disclaimers:

   No advice or information (whether oral or written) obtained from the Company or through the App shall create any warranty or guarantee not expressly stated in this Agreement. Because some jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. In such case, any implied warranties are limited to the minimum scope and duration permitted by applicable law. In summary, use of the App is at your own risk. You bear the responsibility for any consequences that arise out of your use of the App or reliance on its content. This disclaimer of warranties is a critical part of our Agreement and a condition for allowing you to use the App.

8. Limitation of Liability

   8.1 General Limitation:

   To the maximum extent permitted by applicable law, the Company and its owners, officers, directors, employees, affiliates, agents, and partners (collectively, the “Released Parties”) shall not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, nor for any loss of profits, revenues, business opportunity, goodwill, data, or other intangible losses, arising out of or in connection with:
   (a) your access to or use of (or inability to access or use) the App;
   (b) any conduct or content of any third party (including Businesses and other users) on the App;
   (c) any content obtained from the App;
   or (d) unauthorized access, use, or alteration of your transmissions or content. This limitation applies whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

   8.2 No Liability for User-Business Interactions:

   In particular, and without limiting the generality of Section 8.1, the Company will not be liable for any disputes, injuries, or damages whatsoever arising from transactions or interactions between Users and Business owners. This includes any claims, damages, or liability that result from:

   • A Business failing to provide services or products as promised, or providing them in a negligent or harmful manner.
   • Misrepresentation, fraud, or deceit by a Business or a User in the context of their interaction.
   • Personal injury, property damage, or any incident occurring at a Business’s premises or as a result of a product or service obtained from a Business.
   • Any incorrect or outdated information a Business provides on the App (e.g., going to a wrong address, or financial loss because of relying on a posted price or offer).
   • Any other commercial or personal dispute between a User and a Business (such as refund disputes, dissatisfaction, or breach of terms between them). Users and Businesses each acknowledge that the Company is not responsible for, and has no obligation to intervene in, such matters, and they agree not to hold the Company liable for the actions or omissions of the other party.

   8.3 Maximum Liability (Businesses and Users):

   If the Company is found legally liable to you, our total liability is limited to: For paying businesses: Either
   (a) the total amount you've paid us in the 6 months before your claim,
   or (b) AED 375 (approximately $100 USD), whichever is higher.
   For free users (end users): No compensation will be owed, to the extent allowed by law

   8.4 Release:

   Because the App is merely a venue for information, in the event that you have a dispute with one or more Users or Businesses, you agree to release the Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and 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. You expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to claims which you may know or suspect to exist at the time of agreeing to this release. If you are a California, USA consumer (hypothetically), you waive California Civil Code §1542 (and any similar law in any jurisdiction), which says a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release. (This specific reference is given as an illustration of the intent of a full release; the primary governing law remains UAE law as stated below.)

   8.5 Survival:

   The limitations of liability and release provisions in this Agreement shall survive termination or expiration of this Agreement and are fundamental elements of the basis of the bargain between you and the Company. By using the App, you acknowledge that you understand the limit of our liability and the assumption of risk by you. If you do not agree to these limitations, you should not use the App.

   8.6 Service Availability:

   While we aim to keep the App available at all times, we do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, system updates, technical issues, cyberattacks, or events beyond our control. The Company is not liable for any losses or damages resulting from any such unavailability or interruptions in service.

9. Indemnification

   You agree to indemnify, defend, and hold harmless the Company, its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and partners (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and court costs) that arise out of or relate to any claim or demand made by any third party due to or arising out of: (a) your use of the App, (b) your violation of this Agreement or any policies referenced herein, (c) your violation of any applicable law, regulation, or rights of another (including intellectual property rights or privacy rights), or (d) your content or information you provide through the App (including the accuracy, legality, and appropriateness of such content).
   
   This indemnification obligation applies to both Users and Business Owners:

   • If you are a User, this means, for example, that if you post content on the App (such as a review or comment) that infringes someone’s copyright, or if through your actions on the App you cause damage or loss to a third party or to the Company (such as by hacking, misusing the platform, or violating someone’s rights), you will cover all costs and damages we incur as a result of your actions. Likewise, if you use the App in a way that violates UAE law and someone files a claim against us because of it, you will indemnify us.
   • If you are a Business Owner, you specifically agree to indemnify the Indemnified Parties for any claims arising from your business’s presence on or use of the App, including (but not limited to) claims by Users or others regarding false or misleading information in your Listing, personal injury or property damage relating to your products or services, fraud or misrepresentation, breach of any law or regulation by your business, or any infringement of third-party rights in content you provided. For example, if a customer finds your business through our App and later sues us alleging that our promotion of your business misled them (when in fact the content came from you), or if a government agency fines us because of an unlawful advertisement you posted, you will reimburse us for all losses and expenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In such case, you agree to cooperate with our defense of that claim and you shall not settle any such claim without our prior written consent. This indemnity remains in effect even after you stop using the App or your account is terminated. The Company will promptly notify you of any such claim, and may elect to participate in the defense and settlement. Your obligation to indemnify is independent of your other obligations under this Agreement.

10. Governing Law and Dispute Resolution

    10.1 Governing Law:

    This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or your use of the App, shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE) and, to the extent applicable, the laws of the Emirate of Dubai. All laws referred to include all regulations and amendments, as applicable. This choice of law is made without regard to conflicts of law principles, meaning that if you live in another jurisdiction, to the extent allowed, UAE law will still apply to any disputes related to this Agreement or the App.

    10.2 Jurisdiction:

    You agree that the courts of the Emirate of Dubai, UAE shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement or the App. You and the Company both consent to personal jurisdiction in Dubai courts, and waive any objections based on venue or inconvenient forum, provided that the Company may, at its discretion, pursue injunctive relief or similar urgent legal remedies in any jurisdiction to protect its intellectual property or confidential information.

    10.3 Dispute Resolution and Amicable Settlement:

    Before initiating any legal action or formal proceedings against the Company, you agree to first notify us in writing and give us a reasonable opportunity (at least 30 days) to resolve the issue informally. This step is mandatory and intended to show good faith and a genuine effort to resolve disputes amicably. Often issues can be resolved through our customer support channels. Only if no resolution is reached during this period may formal legal proceedings be pursued. This process does not limit your legal rights under applicable law, but it is a required step before taking further action.

    10.4 Consumer Protection:

    If you are a User using the App as a consumer, you may have certain rights under UAE consumer protection laws. Nothing in this Agreement is intended to limit your statutory rights as a consumer. You also have the right to raise complaints to the UAE consumer protection authorities if applicable. However, please be aware that since the App itself does not sell goods or services (it only lists third-party businesses), many typical consumer law protections regarding sales may not directly apply to the Company. Those would more directly apply between you and the Business you deal with.

    10.5 Injunctive Relief:

    You acknowledge that any breach of this Agreement by you, especially concerning intellectual property or unauthorized use of the App, may cause the Company irreparable harm for which monetary damages would not be an adequate remedy. In the event of such a breach, the Company is entitled to seek injunctive or equitable relief (such as a court order to stop your actions) in addition to any other remedies available at law.

    10.6 Time Limit to Bring Claims:

    To the extent permitted by law, any claim or cause of action you have arising out of or related to your use of the App or this Agreement must be filed within one (1) year after such claim or cause of action arose, otherwise it will be permanently barred. (This means if you have a claim, you must initiate legal proceedings within one year, or you waive the claim. This clause does not apply where prohibited by law.)

11. Termination and Suspensio

    11.1 Termination by User:

    You may stop using the App at any time. If you have an account, you may terminate your account by following the instructions within the App or contacting us. Terminating your use of the App does not automatically delete data we have already collected, though we will handle any personal data in accordance with our Privacy Policy. If you are a Business and wish to remove or deactivate your listing, please contact us or use any provided business dashboard to do so.

    11.2 Termination or Suspension by Company:

    The Company reserves the right to suspend or terminate your access to the App (or certain features of the App) at any time, with or without notice, if we believe that:

    • You have violated any provision of this Agreement or have engaged in misuse of the App (including violating the letter or spirit of any terms).
    • It is required by law enforcement or other government agencies, or as a result of a legal process.
    • You have provided false, fraudulent, or misleading information, or we are unable to verify or authenticate any information you provided.
    • You are infringing intellectual property rights or other rights of third parties, or your actions pose legal risk to us.
    • Additionally, for Businesses: if you lose required licenses, engage in unlawful activity, receive consistent complaints, or otherwise become a risk to Users or to the Company’s reputation. We may also suspend or remove your listing if you fail to fulfill the offerings you presented, provide outdated or inaccurate information, or publish misleading or confusing content.
    • The Company decides to discontinue the App or its services entirely (in which case we will endeavor to give Users and Businesses advance notice where practicable). Suspension may include disabling your account or Listing and blocking access to the App (or parts of it) from your device or IP address.

    11.3 Effects of Termination:

    Upon termination of this Agreement for any reason:

    • Your rights to access and use the App will immediately cease. Any licenses or permissions granted to you in this Agreement will end.
    • Any data associated with your account or listing may be deleted or no longer accessible (except as otherwise provided in our Privacy Policy for data retention). Business Owners should maintain their own backup of any content or data they wish to keep.
    • If you are a Business and your listing is terminated or removed, you must cease any further use of the App’s name, logos, or claiming any association with the App.
    • Sections of this Agreement that by their nature should survive termination (such as Liability limitations, Disclaimers, Indemnity, Governing Law, etc.) will continue in effect. Termination does not relieve you of any obligations to pay any accrued fees or charges (if applicable).

    11.4 No Liability for Termination:

    The Company shall not be liable to you or any third party for any termination or suspension of your access to the App, or deletion of your content, provided such termination/suspension is in accordance with this Agreement. If we terminate your account without cause (not due to your breach), and you have paid for a service, we may provide a pro-rata refund for any remaining unused paid period, at our discretion. If termination is due to your breach of terms, you will not be entitled to any refund.

12. Changes to this Agreement

    The Company may update or modify this Agreement (including referenced policies such as the Privacy Policy) at any time. The updated version will be posted on the App with a revised “Last Updated” date.

    12.1 Acceptance of Changes:

    By continuing to use the App after an updated Agreement is posted, you accept and agree to the revised terms. If you do not agree, you must stop using the App and, if applicable, delete your account or business listing.

    12.2 Legal or Regulatory Updates:

    Changes required by law or regulation may take effect immediately, as required. The current version of the Agreement supersedes all previous versions.

13. General Provisions

    13.1 Entire Agreement:

    This Agreement (along with any additional policies or guidelines referenced herein, such as the Privacy Policy) constitutes the entire agreement between you and the Company regarding the use of the App. It supersedes all prior or contemporaneous understandings and agreements, whether written or oral, relating to the subject matter hereof. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in this Agreement.

    13.2 Severability:

    If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible to reflect the intent of the parties, and the remaining provisions of this Agreement shall remain in full force and effect. If necessary, the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the fullest extent permitted by law.

    13.3 No Waiver:

    The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of the Company. Even if we delay enforcing our rights under this Agreement, we can still enforce them later.

    13.4 Assignment:

    You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. The Company may assign or transfer its rights and obligations under this Agreement to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or any other legally permissible manner, without your consent. This Agreement will inure to the benefit of and be binding upon each party’s permitted successors and assigns.

    13.5 Third-Party Beneficiaries:

    Except as expressly provided in this Agreement, this Agreement does not confer any rights or remedies upon any person or entity other than you and the Company. For clarity, no third party (including any other user or any business not party to this Agreement) can enforce the terms of this Agreement against the Company. However, the Indemnified Parties (Section 9) are intended third-party beneficiaries of the indemnification clause.

    13.6 Force Majeure:

    The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, accidents, network infrastructure failures, power outages, or labor strikes. In any such event, we will use reasonable efforts to resume service as soon as practicable.

    13.7 Language:

    This Agreement is written in the English language. If we provide a translation of this Agreement into another language, it is for convenience only. In the event of any conflict or discrepancy between the English version and a translated version, the English version shall prevail. You acknowledge that English is the language of commerce for this Agreement and that you fully understand the terms written in English. (If required by law or upon request, an official Arabic version may be provided; in any legal proceeding in the UAE, an Arabic translation may be submitted to the court, but the parties agree that the intent of the terms is as set forth in this English version.)

    13.8 No Legal Advice:

    Although this Agreement addresses legal obligations, it is not legal advice to you. You are advised to seek your own legal counsel if you have questions about your rights and obligations under this Agreement.

    13.9 Headings and Interpretation:

    The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect. Words importing the singular include the plural and vice versa. The words “including” or “include” shall be read as “including, without limitation.”

    13.10 Contact Information:

    If you have any questions, concerns, or notices to send under this Agreement, you can contact the Company at:

    • Email: support@dayandnightdubai.com
    • Mailing Address:
      Creative Marketing Solutions LLC, Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates.

    We will send any official notices to you via the email address you provided us (if you registered an account) or through in-App notifications. It is your responsibility to keep your contact information up to date.

14. Subscription Fees and Payment

    • Subscription Model:

      Listing your business on the Platform requires an active paid subscription. You agree to pay the applicable subscription fee (e.g., a monthly listing fee) based on the plan or package you select. Pricing details are available in your account dashboard, under the subscription section or other relevant areas within the admin panel. All pricing will be clearly displayed at checkout when you pay for the service. All prices are stated in United Arab Emirates Dirhams (AED). Once the Company is registered under the UAE VAT system, applicable taxes (such as VAT) will be shown and charged at checkout. You remain responsible for paying any other taxes or government charges that may apply. You agree to pay all applicable fees in accordance with the selected plan and billing terms. Failure to make timely payment may result in the suspension or termination of your subscription. Unless otherwise required by law, all payments are non-refundable, including in cases of early cancellation or violation of this Agreement.

    • Payment Methods:

      We accept standard payment methods for the subscription, including major credit and debit cards. By providing a payment method, you represent that you are authorized to use that payment method and you authorize us (or our third-party payment processor) to charge your subscription fees to that method. All billing information you provide must be current, truthful, and accurate. Available payment methods will be clearly presented during the checkout process.

    • Billing Cycle:

      Subscription fees are billed in advance on a recurring cycle (e.g. monthly, unless otherwise agreed). Your billing period begins on the date you activate your paid listing and recurs on the same date each period. For example, if you subscribe on the 10th of a month, your next billing date will be the 10th of the following month. If a billing date falls on a date that does not occur in a given month, billing will occur on the last day of that month.

    • Automatic Renewal:

      Your subscription will automatically renew at the end of each billing cycle for an additional term equal to the expiring subscription term (e.g., one month), unless and until you cancel your subscription prior to the renewal date. By default, we will continue to charge your provided payment method on each renewal until you take action to cancel.

    • Pricing Changes:

      We reserve the right to adjust subscription fees with reasonable prior notice. If the price of your subscription is due to change, we will notify you at least 30 days in advance via email or via the Platform. The notice will indicate the new rate and when it will take effect. If you do not agree to the revised fee, you must cancel your subscription before the effective date of the price change. Your continued use of the Service after the price change goes into effect will constitute your agreement to pay the updated amount.

    • Cancellation by You:

      You may cancel your subscription at any time through your account settings in the admin panel or by contacting our customer support. Cancellation will take effect at the end of your current paid billing period. This means you will not be charged for a new period, but you will retain access to your listing features until the current period expires. After cancellation takes effect, your business listing may be removed from the public platform or downgraded to a free/basic listing (if available). We recommend initiating cancellation at least a few days before your next billing date to ensure it is processed in time.

    • Refund Policy:

      Subscription fees are generally non-refundable. In principle, we do not provide refunds or credits for any partial subscription periods, unused services, or early cancellation. For example, if you cancel midway through a month, you will not receive a refund for the remaining days of that month. Exceptions: if we terminate the Service or your subscription without cause (not due to your breach), or if a refund is required by UAE law, we may, at our discretion, provide a pro-rated refund for the unused portion of your subscription. Any requests for exceptions can be directed to our support team, but we make no guarantee of refund outside our stated policy.

    • Late or Failed Payments:

      It is your responsibility to ensure that your payment method on file is current and has sufficient funds for each billing cycle. If a payment is declined or fails, we will attempt to notify you (e.g., by email or dashboard alert). We may retry the charge within a short period. If payment remains unsuccessful, we reserve the right to suspend or remove your listing due to non-payment. You acknowledge that if payment is not made, your listing may become inaccessible to users. You agree to pay any amounts past due upon demand, and you will be responsible for any reasonable costs of collection incurred by us (such as legal fees) in collecting overdue amounts.

    • Upgrades and Downgrades:

      If we offer multiple subscription tiers or plans, you may have the option to upgrade or downgrade your plan. Upgrading may trigger a prorated charge for the difference in fee for the remainder of the current period or may start a new billing cycle at the higher rate (depending on our policy, which will be communicated at the time of upgrade). Downgrading a plan will typically take effect from the next billing cycle (lower features or limits may apply immediately). We will inform you how any change in plan affects your billing.

    • Promotional Offers:

      From time to time, we may offer free trials, discounts, or other promotional offers. Such offers are subject to these Terms as well as any additional terms specific to the promotion. Free trials (if offered) are for new customers only, and we reserve the right to end or modify a free trial if we determine that you are not eligible. After a free trial period ends, you will be charged the applicable subscription fee unless you cancel before the trial ends. Promotional discounts apply only for the specified duration; after that, standard fees will apply.

By using the App, you acknowledge that you have read, understood, and agree to all the terms and conditions of this Agreement. You also acknowledge and agree that this Agreement limits our liability to you and requires you to indemnify us under certain circumstances. If you do not agree to these terms, you must discontinue use of the App immediately. Thank you for using our App. We hope it helps you discover great businesses and experiences in Dubai and across the UAE, and we welcome you to do so responsibly and with an understanding of the terms above. Safe travels and happy exploring!