TERMS AND CONDITIONS OF USE

All users of the Ana Muhtarif Al Khat App and the Website (as defined below) should carefully read the entire contents of this Terms of Service as it contains important information, which relates to your legal rights and obligations. By accessing and/or using the Ana Muhtarif Al Khat App and/or the website, you expressly agree to be legally bound by this Terms of Service. This Terms of Service constitutes a legally binding agreement between you and Diwan (as defined below) in relation to the Ana Muhtarif Al Khat App and the Website including any subdomains and any other third-party Websites through which Diwan makes available its products and services, whether directly or indirectly.

In this document, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings:

1. Intellectual Property And Copyright

The entire content of the Ana Muhtarif Al Khat App and the Website is the intellectual property and copyright of Diwan and Diwan without exception reserves all rights to its intellectual property and copyright. No party is under any circumstances authorised or entitled to commercially exploit the content, or any part thereof, for any reason whatsoever. Any copying, reproduction, redistribution and/or transmission without the prior written consent of Diwan are strictly prohibited. The Permitted User may download and store such portion of the content of the Ana Muhtarif Al Khat App and/or Website as is absolutely necessary to facilitate the creation of the Calligraphy Artwork and the placing of an order on the Service Partner’s website and use of such material on such basis shall be for the Permitted User’s own non-commercial use.



2. Relationship Between Diwan And The Permitted User

For avoidance of doubt, it is expressly stated that Diwan shall at all times be an independent service provider to the Permitted User and nothing shall indicate, expressly or impliedly, that Diwan is an agent and/or employee of the Permitted User or in any way connected to the Permitted User.

3. Acceptance Of The Terms Of Service By The Permitted User

All visitors to the Website must read The Terms Of Service set out herein before using any part of the Website. If you have any issue with any provision set out herein and/or you do not wish to be bound by any of the terms and conditions, you must stop using the Website immediately and leave.

By purchasing, registering and downloading the Ana Muhtarif Al Khat App and installing it on his/her/its mobile phone, the Permitted User expressly and irrevocably without reservation accepts all the terms and conditions for the Service, the Ana Muhtarif Al Khat App and the Website set out herein.

4. Refusal Of Use

The provision of the Service, use of the Ana Muhtarif Al Khat App and the Website shall at all times be at the sole and absolute discretion of Diwan and Diwan shall at all times be at liberty without restraint or encumbrance to refuse use of the Service, the Ana Muhtarif Al Khat App and/or the Website to any person or legal entity without giving an explanation for such refusal. If relevant, such right of refusal on the part of Diwan may be exercised before or after the Permitted User places an order through the Ana Muhtarif Al Khat App on a Service Partner’s website. In the event the refusal of service is after the placement of an order by the Permitted User, Diwan shall give the Permitted User a refund provided always that the order has not already been dispatched to the Permitted User. The giving of such refund on the part of the Permitted User shall be an act of courtesy and shall not be interpreted in any way whatsoever as an admission of fault, responsibility and/or guilt for any purpose whatsoever.

5. Authorised Users

Use of the Ana Muhtarif Al Khat App, the Website and the Service is strictly restricted to persons over the age of 13 and who are capable of entering into a legal agreement in their country of residence. By using the Ana Muhtarif Al Khat App, the Website and the Service, you expressly warrant and undertake to Diwan that you have the capacity and authority to enter into an Agreement with Diwan for the use of the Ana Muhtarif Al Khat App, the Website and the Service.

6. Purchase of Ana Muhtarif Al Khat App, Registration And Payment

The use of the Service is conditional on the purchase by Permitted User of the Ana Muhtarif Al Khat App from the Apple App Store or the Google Play Store and the installation thereof on the User’s device(s). If Registration is required by Diwan, the Permitted User may use either their Facebook or Google account to complete the registration process or they may use their personal email. In creating the account, the Permitted User represents, undertakes and warrants to Diwan that they are not barred to receiving the Service in his/her/its jurisdiction and that the information provided for the creation of the account is true and correct.

If the Permitted User uses their Facebook or Google account to complete the registration process, the Permitted User expressly and irrevocably authorises Diwan to access certain information in the Permitted User’s Facebook and Google accounts for the purpose of verifying the Permitted User’s identity.

The Operator at all times reserves in its sole and absolute discretion the right to terminate or suspend the Permitted User’s account if any of the information provided to Diwan by the Permitted User is found to be misleading, incorrect or false. Diwan may take such action it sees fit at any time without giving notice to the Permitted User and/or without any reference to the Permitted User.

The Permitted User shall at all times be responsible for any activity that occurs in or through his /her/its account and shall be responsible for its security. The Permitted User shall not at any time and for any reason share his/her/its account with any other person or legal entity and shall keep the Username and the password private. In the event the password is lost or stolen or has been disclosed to a third party, whether consciously or inadvertently, the Permitted User undertakes to inform Diwan of the breach of security of his/her/its account.

No payments are processed through the Ana Muhtarif Al Khat App or the Website. The Apple App Store or Google Play Store processes payment for the Ana Muhtarif Al Khat App depending on the operating system of your device(s). As such, Diwan does not ask for or collect any information regarding your credit card or other financial details.

7. The Service

Diwan operates the Ana Muhtarif Al Khat App for the purpose of allowing the Permitted User to create Calligraphy Artwork. The Website is not directly involved in the creation process or the operation of the Ana Muhtarif Al Khat App. The Website is a repository of information on Diwan and the Ana Muhtarif Al Khat App. It is also a forum that potential users can find a link to download the software to install the Ana Muhtarif Al Khat App on their device(s). The entire creation process of the Calligraphy Artworks takes place on the Permitted User’s device(s) through the Ana Muhtarif Al Khat App.

The Ana Muhtarif Al Khat App is a paid resource meaning that the intending user has to pay Diwan a fee for a license to use the software and to complete the registration process (if required) and become a Permitted User. The App may contain features that require an additional license fee to be paid by the Permitted User. This is done via an In-App-Purchase.

On completion of the purchase process, the Permitted User can use the Ana Muhtarif Al Khat App to design the Calligraphy Artwork.

Once created, the Calligraphy Artwork can be exported into various file formats allowing the Permitted User to use it for the intended purpose. If applicable, the Permitted User may elect to use a Service Partner’s service to print or imprint the Calligraphy Artwork on to one or more of the products offered by the Service Partner on its website.

In the event that Diwan and its Service Partner are offering that Service, and the Permitted User elects to make use of such Service Partner’s services, the Permitted User will need to click the “AGREE” Button, that would be made available in the Ana Muhtarif Al Khat App. On clicking the said Button, the Permitted User will be transferred to the Service Partner’s website. In clicking the Button, the Permitted User expressly agrees to abide by the terms and conditions of the Service Partner’s website. Before making use of the services offered by the Service Provider, the Permitted User should read and understand the terms and condition of the Service Provider.

8. License To Use The Service

Subject to the terms and conditions set our herein, Diwan hereby grants the Permitted User a license to use the Service, the Ana Muhtarif Al Khat App and the Website. The license granted by Diwan to the Permitted User is non-exclusive and limited in nature and is personal and shall not in any circumstances be transferable in any way. The Permitted User shall not use the Service, the Ana Muhtarif Al Khat App and the Website for any commercial use, sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use Diwan shall in its absolute discretion deem to be nefarious, obnoxious or objectionable or which could render Diwan in danger of criminal and or civil liability in any jurisdiction and/or which could damage the reputation of Diwan or its commercial and economic viability.

The Permitted User shall not:

1. Reverse engineer, disassemble or decompile or derive the source code of the Ana Muhtarif Al Khat App or otherwise attempt to use any of its features to create a clone of or a product similar to the Ana Muhtarif Al Khat App;
2. Use any mean whatsoever to make the features of the Ana Muhtarif Al Khat App available to multiple users whether simultaneously or otherwise;
3. Copy, distribute, rent, sub-license, lease, rent, sell or otherwise deal in the Ana Muhtarif Al Khat App for profit or otherwise; and
4. Access or attempt to access the Ana Muhtarif Al Khat App and/or the Website by means of automated, unethical, unconventional or illegal means, including but not limited to hacking.

Diwan makes no grant of any implied license or other implied rights of any kind whatsoever for the use of the Service, the Ana Muhtarif Al Khat App and/or the Website, whether temporary or permanent.

9. Term Of License And Termination

The term of the License commences at the time the Permitted User completes the purchase of the Ana Muhtarif Al Khat App on the Apple App Store or the Google Play Store and the License shall continue until such time that the Permitted User shall terminate his/her/its account of his/her/its own volition or the account of the Permitted User ( and the attached License) is terminated by Diwan in its absolute discretion.

Diwan may at any time and at its absolute and sole discretion terminate or suspend the Permitted User’s account if in the opinion of Diwan the Permitted User has breached any term of this TOS and/or whose conduct has brought disrepute to Diwan or has in any way harmed the business and/or the goodwill of Diwan and Diwan shall be under no obligation whatsoever to provide the Permitted User with an explanation for such termination and/or suspension but may do so as a matter of courtesy.

The termination and/or cancellation shall be effective immediately on sending notice of its decision to the Permitted User at the last provided email address by the Permitted User. Upon such termination and/or suspension, Diwan shall be at liberty to recover from the Permitted User damages in respect of any conduct and/or actions by the Permitted User leading to the termination and/or suspension.

On termination of the account of the Permitted User, any information, images or other content of whatever nature shall no longer be accessible to the Permitted User in any way and Diwan shall not be liable to the Permitted User in any way whatsoever for the inaccessibility and/or loss of information.

On termination of the account, the Permitted User hereby expressly agrees to remove the Ana Muhtarif Al Khat App from all his/her/its devices and the Permitted User shall not register or attempt to register for another account, whether on the Ana Muhtarif Al Khat App and/or the Website.

10. Ownership Rights

The Service, the Ana Muhtarif Al Khat App and the Website are the sole and exclusive property of Diwan, inclusive but not limited to the copyright and the intellectual property therein, and the use of the Service, the Ana Muhtarif Al Khat App and the Website shall not grant in any way any property and/ or ownership rights in the aforesaid or any part thereof.

11. Responsibility For Content Of The Calligraphy Artwork Created

The Permitted User shall be absolutely and completely and without reservation be responsible for the entire contents of his/her/its Calligraphy Artwork created through the use of the Ana Muhtarif Al Khat App or any part thereof and the Permitted User hereby unconditionally and irrevocably accepts such responsibility for his/her/its artwork. Notwithstanding the acceptance of such responsibility by the Permitted User for the contents of his/her/its artwork, the Permitted User shall not create any Calligraphy artwork the contents of which, (whether directed at a person, group of persons, a community or a religion):

• The Permitted User knows or believes are untrue, inaccurate false, malicious, libellous or slanderous;
• Are racist, bigoted, sexually discriminating, sexual in nature and harassing;
• Are obscene, profane, offensive;
• May incite hatred of any kind;
• Is illegal or which promote illegal acts to be committed;
• Are in any way linked or aligned to or with any terrorist group or groups or in any way incite or promote acts of terrorism and/or violence however defined;
• Could lead to the exploitation of any person under the age of 18 for any purposes, including, but not limited to, those of a sexual and/or economic nature;
• Relate to a Ponzi scheme, pyramid or other investment scheme, chain letter, unsolicited mailing;
• Infringe or violate the rights of any third party, directly or indirectly, including but not limited to, rights to copyright or intellectual property and rights to privacy;
• Contain instructions of any kind which may result in the commissioning of acts of violence, terrorism or the releasing of computer viruses; and
• Solicit passwords and other security access information
12. Representations And Warranties Of The Permitted User

The Permitted User hereby warrants to Diwan as follows:

1. That Diwan will not be required to pay any royalties in respect of the Calligraphy Artwork or its content and will not need to seek any licenses, approvals or consents from any party in respect of the contents of the Calligraphy Artwork;
2. That the contents of the Calligraphy Artwork do not contain any of the information prohibited in Clause 11 hereof;
3. That the contents of the Permitted User do not infringe any third-party rights, their intellectual property or their right to privacy; and
4. That the content of the Calligraphy Artwork conforms and complies with all the laws of the Permitted User’s jurisdiction.
13. Re-Direction To Service Partner’s Website (if applicable)

As mentioned in Clause 7, on clicking the “AGREE” Button, the Permitted User will be transferred out of the Ana Muhtarif Al Khat App and will be redirected to the website of the Service Partner. In clicking the Button, the Permitted User expressly agrees to be bound by the terms and conditions of the Service Partner. Permitted Users are encouraged to read the terms and conditions and other documents relating to the services provided by the Service Partner.

14. Relationship Between Diwan And The Service Partner (if applicable)

With the exception that Diwan is an affiliate of the Service Partner, Diwan and the Service Partners are independent of each other and except as disclosed in this Clause 14 there is no relationship between the Service Partner and Diwan.

15. Communications From Diwan

The Permitted User expressly and irrevocably agrees to receive communications in any form whatsoever from Diwan in relation to the Service, the Ana Muhtarif Al Khat App and the Website, the Permitted User’s orders, offers, promotions and marketing materials. The Permitted User may opt out of receiving marketing material at any time by giving written notice to Diwan.

16. Security Of The Ana Muhtarif Al Khat App And Website And Risk

Diwan does not in any way, expressly or otherwise, guarantee the security of the Ana Muhtarif Al Khat App or the Website to the Permitted User and does not undertake or warrant to the Permitted User that his/her/its account will not be accessed by a third party and the Permitted User shall at all times be responsible for the security of his/her/its information and bear the risk associated with such information being accessed by a third party.

17. Indemnity

The Permitted User hereby agrees unconditionally and irrevocably to indemnify and hold harmless Diwan, its successors and assigns, and its directors, shareholders, officers and employees from and against any and all actions brought by any third party and any arising losses, liabilities, costs and other expenses of whatever nature, including but not limited to, attorney fees, where such action arises from:

1. The activities of the Permitted User on the Ana Muhtarif Al Khat App and/or the Website;
2. A violation by the Permitted User of any terms of the License granted by Diwan;
3. Any content or material transmitted by the Permitted User through the Service in violation of any laws and/or regulation or infringes the rights of any third party or their right to privacy; and/or
4. A breach of any of the terms and conditions of the Service Partner’s website.
18. Checks And Verification

Diwan reserves the right to undertake any actions, consultations it deems appropriate or necessary at its absolute discretion for the purpose of checking and verifying the identity of the Permitted User and/or the information provided by the Permitted User and such checks may include checking into any criminal background or search of various registers and the Permitted User hereby expressly agrees to Diwan taking such steps it deems appropriate for checks and verification at its absolute discretion.

19. “Where Is”, “As Is” And “As Available”

Diwan provides the Service, the Ana Muhtarif Al Khat App and the Website on a “Where Is”, “As Is” And “As Available” basis and the principle of ‘Caveat Emptor’ shall apply in every respect in relation to the entire content of the Website and this TOS. The Permitted User uses the Service, the Ana Muhtarif Al Khat App and the Website entirely at his/her/its own risk and Diwan expressly disclaims any and all warranties and representation of any kind, express or implied, including but not limited, any implied warranty or representation as to merchantability, fitness for purpose or any other warranty or representation that may arise through the operation of any law in any jurisdiction and expressly denies any warranties and/or representation in respect of but not limited to the following:

1. The Service and/or the Ana Muhtarif Al Khat App is authorised for use in the Permitted User’s jurisdiction;
2. The Ana Muhtarif Al Khat App and/or Website will operate on an error free basis;
3. The Ana Muhtarif Al Khat App and/or the Website will have a 100% up time;
4. That any information and/or artwork saved by the Permitted User on the Ana Muhtarif Al Khat App will be retained on Diwan’s servers and/or if retained in respect of any given period of retention;
5. Diwan will continue to support the Ana Muhtarif Al Khat App and/or the Website;
6. In respect of any other websites that may be linked to on the Website, the entire content of such website;
7. Any products or services advertised by any third party on the Website/ and/or the Ana Muhtarif Al Khat App;
8. The accuracy of any information provided or opinion expressed on the Website
20. Irrevocable Orders

All orders placed for a Service Partner’s product by the Permitted User via the Ana Muhtarif Al Khat App shall be irrevocable unless the Service Partner agrees otherwise and the Permitted User shall not be entitled to any refund, in whole or in part, for the order unless the Service Partner agrees otherwise. Diwan and/or the Service Partner may make such deductions as are reasonable to cover administration costs, restocking fees etc. in granting any refund to the Permitted User.

21. Refunds

Except as provided otherwise in the TOS, Diwan shall only grant a full refund to the Permitted User, if the Permitted User fails to receive the Calligraphy Artwork due to an act of omission of Diwan or its employees. Diwan shall not be liable in any respect whatsoever for any transaction performed by the Permitted Use on the website of the Service Partner or any other transaction and/or arrangement entered into between the Permitted User and the Service Partner. The Permitted User shall not be entitled to any refund whatsoever, in whole or in part, if delivery of the Calligraphy Artwork is due to the provision of wrong and incorrect information by the Permitted User and the order has already been processed or the Permitted User has been found to be in breach of the TOS after the Permitted User’s order has been processed.

Notwithstanding anything to the contrary in this TOS, Diwan shall not be responsible in any way whatsoever for the refund of any charges and/or fees made by third parties such as the Service Partner, credit card companies and payment gateways.

22. Disputes And Limitation Of Liability

In the event of any dispute between Diwan and the Permitted User, both parties hereby expressly and irrevocably agree that such dispute shall be settled exclusively by way of arbitration and that the arbitrator shall be located in the United Kingdom and shall be nominated by Diwan.

The decision of the arbitrator shall be final and binding on Diwan and the Permitted User provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this TOS and any decision or award shall be consistent with provisions and intent of this TOS.

In any event, the Permitted User shall not be at liberty to raise any dispute in respect of any order until the lapse of thirty (30) clear days from the placement of the order.

Notwithstanding anything to the contrary in this Clause 22 and this TOS, the Permitted User expressly agrees that the limit of Diwan’s liability to the Permitted User in any dispute shall be the value of any purchase made by the Permitted User through the use of the Service, the Ana Muhtarif Al Khat App and/or the Website but shall at all times exclude liability for any transaction(s) made by the Permitted User through the website of a Service Partner. The Permitted User expressly acknowledges that Diwan shall not be liable to him/her/it in respect any other loss or harm, economic or otherwise, however suffered, including but not limited to any indirect, incidental, consequential , special or punitive damages for any personal injury, pain and suffering, emotional distress, loss of revenue and/or profits, loss of savings, loss of goodwill and/or reputation, loss of data and/or information of any type, breach of contract, negligence of any nature and further, the Permitted User expressly agrees that Diwan shall not be liable to him/her/it for any equitable and/or liquidated damages of whatever nature for any loss howsoever arising. If the Permitted User is in any way dissatisfied with Diwan’s limitation of liability as expressed in this Clause 22 specifically and this TOS generally, the Permitted User must immediately stop using the Service, the Ana Muhtarif Al Khat App and/or the Website.

23. Assignments

The Permitted User shall not assign its rights and obligations under the TOS without the express prior written consent of Diwan.

24. Waivers

Any waivers and/or indulgences extended by Operator to the Permitted User shall not prejudice and/or restrict the rights and remedies of Diwan and no waiver in respect of any breach shall operate as a waiver in respect of any subsequent breach. Any failure or delay by Diwan in exercising any accrued right and/or remedy shall not operate as a waiver, implied or otherwise, of such right or remedy, nor shall any singular or partial exercise or waiver of any right and/or remedy shall prejudice its further exercise or the exercise of any other right and/or remedy.

25. Severability

If any part or parts of this TOS is found to be unenforceable or invalid by any court of competent jurisdiction, such term or terms shall be severed from the TOS as if they had not been included in the TOS from its inception and the remaining terms shall continue to be enforceable and valid.

26. Remedies

Diwan’s rights and remedies pursuant to this TOS are cumulative and not exclusive.

27. Compliance

Diwan shall at all times retain the right to monitor the Permitted User’s access to the Website and/or the Ana Muhtarif Al Khat App and to collect any data and information for the purpose of ensuring your compliance with the TOS and or the relevant laws or an order of a competent court or a government body.

28. Disclosure Of The Permitted User’s Personal Information

At the present time, it is the policy of Diwan not to collect any personal information on the Permitted User. In the event that there is a change in this policy, Diwan will not at any time disclose the personal information of the Permitted User at any time except pursuant to a valid court order and/or search warrant. In such event, unless restrained otherwise by the court order and/or search warrant, Diwan shall give written to the Permitted User of such disclosure of information and the circumstance thereof and such notice will be sent by email to the Permitted User’s last provided email address.

29. Mergers And Acquisitions

In the event that Diwan and/or its assets, including but not limited to, the Service, the Ana Muhtarif Al Khat App and the Website and all intellectual property relating thereto, are purchased by a third party, in whole or in part, Diwan shall at all times retain the right to transfer the personal details of the Permitted User and all information relating to and/or provided by the Permitted User to the Buyer.

30. Third Party Beneficiaries

Notwithstanding any contrary provisions or terms set out in this TOS, the entire content of this TOS is only for the benefit of Diwan and the Permitted User and their respective successors and assigns and this TOS does not in any way whatsoever create or bestow any rights and/or benefits in favour of any third party.

31. Third Party Intellectual Property And Copyright Claims

Diwan respects the intellectual property of all third parties and all Permitted Users of the Ana Muhtarif Al Khat App and the Service are required to do the same. In creating their Calligraphy Artwork, Permitted Users shall ensure that they do not infringe upon the intellectual property and copyright of any third party.

In the event that Diwan discovers that a Permitted User has made use of third-party intellectual property and/or copyright without the necessary consents, Diwan will take all such steps as are necessary to remove the offending items from its servers in accordance with the DCMA. Diwan will also remove the offending items if it receives a DMCA Takedown Notice or is otherwise notified in writing together with the details of the claim to the intellectual property and/or copyright. Diwan may at its absolute discretion terminate the account of a Permitted User if the non-authorised use of third-party intellectual property and/or copyright is repeated.

32. Request To Delete Information

At the present time, it is the policy of Diwan not to collect any personal information on the Permitted User. In the event that there is a change in this policy, the Permitted User may submit a request in writing at any time to for private information to be removed from Diwan’s database. Diwan shall process such written notification from the Permitted User within thirty (30) clear days from the receipt of such notice provided always that all Order IDs and any personal details attached thereto will not under any circumstances be deleted, removed and/or amended in any way whatsoever.

33. Privacy Policy And Cookies

The Privacy Policy of Diwan can be viewed on its website at the following web address: https://www.diwan.com/index.php/privacy. At the present time, Diwan does not use Cookies to collect any information from visitors to its website.

34. Governing Law

This TOS shall be governed solely by the laws of England and Wales. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the Permitted Users may be resident in jurisdictions other than England and Wales

35. Successors And Assigns

This TOS and the agreement within it in respect of the terms and conditions set out herein shall be binding on and shall enure to the benefit of both parties and their respective successors and, heirs, executors and permitted assigns.

36. Notices And Contact

The Permitted User hereby expressly consents to receiving any and all notices from Diwan by electronic means and Diwan shall give notices to the Permitted User by means of an email addressed to the Permitted User at the last email address provided by the Permitted User to Diwan and/or posting a notice on the Website. Support inquiries can be sent to Diwan at support@diwan.com and notices of a legal nature may be sent to Diwan at info@diwan.com or to the address written below:

Diwan Software Ltd
The Grainger Suite, Dobson House
Newcastle upon Tyne
NE3 3PF
United Kingdom

37. Modifications And Amendments TOS

Diwan reserves the right to modify and amend the TOS as it sees fit and at its absolute discretion and such amendments and modification shall become effective and operations immediately of the new TOS being posted on the Website and/or being incorporated into the Ana Muhtarif Al Khat App. Any use by the Permitted User of the Service, the Ana Muhtarif Al Khat App and/or the Website after any modification or amendment of the TOS is effective shall be taken as an express agreement by the Permitted User to the amended TOS. It shall be the sole responsibility of the Permitted User to review the TOS posted on the Ana Muhtarif Al Khat App and/or Website from time to time to review any modifications and amendments and the Permitted User expressly acknowledges and accepts such responsibility. If the Permitted User does not agree to the modifications and amendments, the Permitted User should immediately stop and refrain from using the Service, the Ana Muhtarif Al Khat App and/or the Website and should immediately cancel his/her/its account.

38. Entire Agreement

This TOS represents and constitutes the entire understanding and relationship between Diwan and the Permitted User and it supersedes any and all prior understandings and undertakings between them.

39. Interpretation

Headings in this TOS are for convenience only and shall not be used in the interpretation of any provision or terms of this TOS.