Terms of Service
1. Terms of Service
Updated: January 1, 2025
Please read these Terms of Service (hereinafter - the “Terms”) carefully before using the Munay Platform and/or Services (as defined below). If you do not accept these Terms in their entirety, including the agreement to arbitrate on an individual basis any claims between you and Munay Live LLC (referred to as “Munay”, “we”, and “us”), a corporation registered and organized under the laws of the state of Delaware, you must not access or use the Munay Platform.
DEFINITIONS To provide clarity and ensure consistent understanding, the following terms are defined as they are used throughout this agreement:
Guide: An individual offering Third Party Services via the Munay Platform. Guides may include professionals providing guidance, consultation, insights, or specialized expertise.
Customer: A registered user of the Munay Platform seeking to engage Guides for Third Party Services.
Munay Platform: The collective digital ecosystem comprising Munay’s website, related mobile applications, and software tools enabling interactions between Customers and Guides.
Third Party Services: Services provided by Guides through the Munay Platform, which may include consultations, guidance, or other expertise offered independently by Guides.
Services: The features and functionalities offered by Munay, including but not limited to facilitating connections between Customers and Guides, search, directory, communications, payment processing, customer support, and the provision of the Munay Platform.
User: Any individual or entity accessing the Munay Platform, including but not limited to Customers, Guides, or visitors.
Session Recording: Video or audio recordings of interactions conducted on the Munay Platform, primarily for quality assurance or compliance purposes.
Personal Data: Information relating to an identified or identifiable individual that is collected, stored, or processed by Munay.
Privacy Policy: Munay’s documented practices regarding the collection, use, and protection of Personal Data.
Refund and Payment Policy: Munay’s policy governing payment transactions, refunds, and related financial terms.
Terms of Service ("Terms"): The legally binding agreement between Users and Munay that governs access to and use of the Munay Platform and Services.
- GENERAL INFORMATION
1.1. Terms of Service These Terms describe the terms and conditions applicable to your access and use of the website, located at https://Munay.live, and its sub-domains (the “Website”), related mobile device application, and software (collectively with the Website, the “Munay Platform”). Use of the Services is subject to these Terms and any other rules or policies published on the Website or otherwise made available to you by Munay. You understand that by creating an account on the Munay Platform, you enter into a legally binding contract with Munay with effect from this date and indicate your unconditional acceptance of these Terms. These Terms, as well as Refund and Payment Policy, Privacy Policy, Cookies Policy are legally binding agreements governing the relationship between Munay and any User (as defined below) or visitor of the Munay Platform. As a User or a visitor of the Munay Platform, the collection, use, and sharing of your personal data are subject to the Privacy Policy and Cookie Policy, as may be amended from time to time.
This agreement is only valid for individuals who are at least 18 years of age. If the individual is between the ages of 13 and 17, the agreement is valid only with the express written consent and active presence of a parent or legal guardian during the execution of this contract. For individuals aged 13 to 17, the undersigned parent or legal guardian agrees to be present during the execution of this agreement.
1.2. Munay Services
The Munay Service is a search, directory, and communications platform for enabling the connection between individual Customers seeking to obtain services from Guides and/or individuals or companies seeking to provide such services (“Third Party Services”). The Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Third Party Services nor the third party advisors/providers. When interacting with providers/advisors you should exercise caution and common sense.
You may access and use the Munay Platform as: (i) a registered user seeking online Third Party Services by using the Munay Platform or other tools made available by Munay (the “Customer”); (ii) a registered user providing online Third Party Services via the Munay Platform or other tools made available by Munay (the “Guide”); or (iii) a visitor of the Website, including the Munay Blog. Throughout these Terms,“you” or “your” may refer as applicable to the User, the Guide, or a visitor accessing or using any of our Services (each the “User”).
Munay services include access to the Munay Platform for Customers and Guides, to connect for Third Party Services, facilitation of payments between Customers and Guides, and customer support and related services (the “Services”). Munay does not provide Third Party Services. You are responsible for obtaining and paying for any equipment and Internet service necessary to access the Services. We may alter, suspend, or discontinue the Munay Platform or the Services in whole or in part, at any time and for any reason, without notice. The Munay Platform may also become unavailable periodically due to maintenance or malfunction of computer equipment or other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Munay Platform is evolving and that the form and nature of the Services may change from time to time without notice to you.
1.3. Amendments to these Terms We reserve the right to amend or modify Terms at any time, by posting a revised version on the Website and by notifying you through the Munay Platform, or via the email address associated with you in case of material change hereto. The latest version is published on this page. We encourage you to check this page regularly. If you do not agree with the amendments to these Terms, you have the right to terminate these Terms by discontinuing your use of the Services and providing a termination notice to Munay or deleting your account. By continuing to use the Services following the amendment of these Terms, you consent to be bound by the Terms as amended.
- OBLIGATIONS 2.1. Services Eligibility Services are available only to and may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 but not younger than the age of 13 can use our Services only in conjunction with and under the supervision of a parent or a legal guardian. The parent or the legal guardian shall at all times be responsible for any and all activities related to the use of the Services by the aforementioned Individuals. You agree and confirm that you will not allow any individual younger than the age of 13 to use the Services.
2.2. Verification Munay may request a Guide to provide a government-issued ID (passport, driver’s license, etc.) and the documents confirming the claimed Guide credentials (educational background documents, such as diplomas, certificates, etc.). The Guide may be asked to upload a copy of the Guide’s government-issued ID and their educational document(s).
Munay does not endorse or make any representations or warranties regarding the accuracy, completeness, and reliability of any information provided by the Guide within the verification Procedure.
Munay cannot confirm that each User is who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Neither Munay nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services. Munay, its affiliates, and licensors will not be liable for any claim, injury, or damage arising from or in connection with your use of the Services.
2.3. Consumer Reports Munay may or may not utilize third-party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“Consumer reports”). Munay does not endorse or make any representations or warranties regarding the reliability of such Consumer reports or the accuracy, timeliness, or completeness of any information in the Consumer reports.
While Munay may or may not facilitate a verification process for Guides by collecting identification and credential documents, this process may be limited to ensuring that basic requirements are met. Munay does not independently verify or endorse the accuracy, legitimacy, or completeness of the credentials or certifications provided by Guides. Users are strongly encouraged to conduct their own due diligence before engaging with any Guide, as Munay disclaims responsibility for the reliability or validity of any Guide’s qualifications. Users who are the subject of Consumer reports may contact the third-party consumer reporting agency to dispute such information's accuracy, timeliness, or completeness. Munay reserves the right to suspend and/or terminate a User account based on the information in the Consumer reports or for any other reason at Munay's sole discretion.
2.4. Privacy Munay is committed to complying with the General Data Protection Regulation (GDPR) for users within the European Economic Area (EEA). Personal data collected through the Munay Platform is processed lawfully, transparently, and for specific purposes, such as providing our Services or complying with legal obligations. Users within the EEA have the right to access, rectify, delete, or restrict their data, as well as the right to data portability and to object to data processing. If you wish to exercise these rights, please contact us at legal@Munay.com. For further details, please refer to Munay Privacy Policy.
2.5. Payment Payment processing on the Munay Platform is provided by third-party payment processors including, but not limited to Stripe and Sharetribe, allowing us to: (a) bill the Customers in lieu of directly processing your credit/debit card information; (b) enable payouts to the Guides.
For the avoidance of doubt, payment made by the Customer to Munay shall satisfy the Customer's obligation with respect to the payment to the Guide for the services provided via the Munay Platform. Please review the additional payment terms as specified in the Refund and Payment Policy. More details on the security of your payment and billing information may be found in our Privacy Policy.
We use third-party payment processors Stripe to bill you as Customers in lieu of directly processing your credit/debit card information. Please read more on how the security of your payment and billing information is handled in our Privacy Policy.
2.6. Refund Munay strives to ensure a clear understanding of the financial relations between Customers and Guides with respect to the Services we provide. Please check our Refund and Payment Policy to find out more about how we handle refunds. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.
- RIGHTS AND LIMITS 3.1. Your Right to Use the Munay Platform In case you are a Customer, Munay hereby grants you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Munay Platform solely for your non-commercial personal use.
In case you are a Guide, Munay hereby grants you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Munay Platform solely for the provision of the Third Party Services to the Customers. You agree not to view, copy, or procure content or information from the Munay Platform by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Munay Platform (except as may be a result of the standard search engine or Internet browser usage) unless formally authorized by Munay under separate written agreement.
You agree not to inquire about the engagement of or to engage Guides to perform services on Munay Platform beyond what you purchased on Munay Platform. Further, you agree not to use the Services for any purpose that violates legal policies of your local government. No Munay materials made available to you as part of the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Munay's prior written permission or as expressly provided in these Terms.
You may not share or transfer your account credentials with any third party. Munay may impose reasonable limits on your scope of access to the Munay Platform, including limits on time or volume of information accessed or devices used to access the Munay Platform, to prevent unauthorized third-party use of the Services. All rights not expressly granted herein are reserved.
3.2. Your Account Certain of our Services are reserved for registered users only. To become a registered user, you must create a Customer or Guide account on the Munay Platform. You agree that you are responsible for protecting your account credentials from unauthorized use, and you are responsible for all activity that occurs under those account credentials. You agree to notify us immediately if you believe that any of your account credentials have been or may be used without your permission so that appropriate action can be taken.
You may use the Website and its features without being a registered user. This shall not preclude the application of these Terms and other Munay’s rules and policies applicable to your use of the Website, including but not limited to when you interact with the Website.
You may not (i) create more than two accounts (one as a Guide and one as a Customer) to access the Munay Platform, (ii) share your account credentials with any third party, or (iii) transfer your account to any third party. Munay is not responsible for any loss or damage caused by or expense incurred by you as a result of your failure to safeguard your account credentials. You agree that you shall not rent, resell, or remarket the Munay Platform or provide access to the Services to any third party.
When you create an account on Munay, we may collect certain personal data directly from you, or if you create your account using a third-party service (Facebook, Google, Apple), we may collect personal data about you from the third-party service (your username or user ID associated with that third-party service). By choosing to create an account using a third-party service, you authorize us to collect the personal data necessary to authenticate your account with the third- party service provider.
You may select a profile photo or connect your Google or Facebook account to be displayed within your Customer account. Please be advised that the provision of your photo is not obligatory to use our Services. You may edit your account at your sole discretion. The security of any personal data you choose to share within your account is subject to our Privacy Policy.
When you create a Guide account, it is obligatory to provide your profile photo and an Introduction. You may edit your account at your sole discretion. Adding more details to your Guide account may help you get the most out of your use of the Services, for instance, find more Customers.
Therefore, it is your choice whether to include additional information within your account or not, such as country, language skills, education, and work experience. The security of any personal data you choose to share within your account is subject to our Privacy Policy.
3.3. Direct Interactions Munay does not take part in direct interactions between Customers and Guides except when we consider it advisable: (a) to ensure compliance with these Terms; (b) to improve our Services; or (c) as stated in our Refund and Payment Policy. Munay does not have control over the services provided by the Guides, any reviews or ratings provided by the Customers, or any User acts and omissions.
3.4. Representations and Warranties
Guide-Specific Representations If you use the Services as a Guide: (i) you will provide the Third Party Services in accordance with these Terms and other policies set forth by Munay and made available to you via audio/video on the Website; (ii) you will provide the Third Party Services in accordance with laws and regulations applicable in the state or country where you are providing the Third Party Services; (iii) you are solely responsible and fully liable for any violation of any local laws and regulations that apply to your provision of the Third Party Services; (iv) you will provide the Third Party Services with reasonable care and skill and in accordance with generally recognized practices; (v) you have obtained all registrations, certifications, licenses, and other documentation that are required in the applicable jurisdiction for providing the psychic,Third Party Services. It is your obligation to maintain the validity of all aforementioned documentation; (vi) you will not provide Third Party Services to the Customers outside of the Munay Platform, receive payments from the Customers directly, or encourage or solicit payment from the customer directly or through any channels other than those provided by Munay; (vii) you acknowledge and agree that Munay may advertise Third Party Services that you provide via the Munay Platform without any additional payment or obligation to you; (viii) you acknowledge and agree that Munay may improve the listings you provided for your account. The improvements can be made by editing the image, adding the Munay logo to the image, improving the description of the listing, and publishing the listing on Munay social media accounts with adding the description and link to the Guide’s profile.
Customer-Specific Representations If you use the Services as a customer: (i) (ii) you agree to honor the commitments you make to the Guide via the Munay Platform; you agree that you will not circumvent or manipulate the fee structure, the billing process, or fees owed to Munay or the Guide; and (iii) you agree to use good faith efforts to interact with the Guides.
3.5. Guides’ Introduction Video and Profile Photo Guides grant Munay the rights to use Guide’s introduction video, name, and profile photo for marketing, advertising, or promotional purposes, including but not limited to publishing on social media channels, video hosting, and streaming services, such as YouTube, Vimeo, Facebook, or others, as to ensure accessibility and visibility to the Customers.
You may always request to remove any introduction listings published on social media channels, by writing to help@Munay.com.
3.6. Guides’ Ranking Munay uses many pieces of information in order to show the Customer the Guides that best match the Customer’s preferences. The order in which Guides are displayed depends on a number of factors including, but not limited to, the following: • the service the Customer is searching for; • the country of the Customer; • the Customer’s preferred language on the Munay Platform; • the time zone of the Customer; • the overlap in standard business hours between the Guide and Customer’s time zones; • the overall availability of time slots on a Guide’s calendar; • the past performance of a Guide in helping their Customers achieve their goals; • the Guide profile information, including its completeness and the quality of the profile photo and introduction video; • how responsive the Guide is to the Customers’ messages; • the Customer’s reviews and ratings; • the Customer’s history on the Munay Platform.
3.7. User Complaints If a User has a complaint about Services, they should contact Munay at help@Munay.com with the subject line ‘Formal Complaint’ (the “Complaint”), providing as much detail as possible about the Complaint. Munay shall respond to the User confirming receipt and shall investigate the matter. Upon receiving the Complaint, Munay customer support shall investigate the Complaint internally, taking into account the importance and complexity of the issue or issues raised. If the Complaint relates to a specific Munay employee, another Munay representative will help with the investigation in their place. Munay shall respond to the User with its findings in response to the Complaint, and, where applicable, with a suggested solution.
3.8. Limits While using the Services, you agree to abide by the User Code of Conduct.
- Munay content Users have a personal, non-transferable, non-exclusive right to use the Munay Content of the Munay Platform subject to these Terms. The “Munay Content” means all information, text, images, data, links, or other material accessible through the Munay Platform, whether created by us or provided by a third party on or through the Munay Platform. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to the Munay Content without obligation to issue any notice of such changes. You may view, copy, download, and print the Munay Content that is available on or through the Munay Platform, subject to the following conditions:
(a) The Munay Content is available solely for your personal use. No part of the Munay Platform or the Munay Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; (b) The Munay Content may not be modified; (c) Copyright, trademark, and other proprietary notices may not be removed. Nothing contained on the Munay Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Munay Platform or any Munay Content, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of the Munay Content.
- USER-GENERATED CONTENT The “User-generated Content” means all comments, remarks, information, feedback, text, photographs, links, data, images, video, music, or other material that you or any User post to any part of the Munay Platform or provide to Munay, including such content or information that is posted as a result of surveys.
We are not responsible or liable for the conduct of Users or for views, opinions, and statements expressed in the User-generated Content submitted for public display through the Munay Platform. We do not prescreen information posted online. We are acting as a passive conduit for such distribution and may not be responsible for the User-generated Content. Any opinions, advice, statements, services, offers, or other information in the User-generated Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Munay. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User-generated Content. You are responsible for ensuring that the User-generated Content submitted to the Munay Platform is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your use, uploading, posting, or submission of the User-generated Content to the Munay Platform.
We have the right, but not the obligation, to randomly monitor, edit or remove any User- generated Content submitted on or through the Munay Platform at any time. If you believe that your intellectual property rights have been infringed, please submit your complaint to legal@Munay.com. You may report all types of intellectual property claims, including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. The User-generated Content does not constitute lobbying by Munay but may constitute lobbying by you or an organization you represent. You are responsible for complying with any applicable lobbying restrictions.
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LINKS TO THIRD-PARTY WEBSITES The Munay Platform may contain links to non-Munay websites. Munay Platform integrates or may integrate with third-party tools such as Zapier, Google and Zoom for scheduling and conducting calls. By using our platform, you agree to allow us to share the necessary information with these services to facilitate your appointments and virtual meetings. These links are provided to you as a convenience and/or ancillary to the Services, and Munay is not responsible for the content of any linked website. Any non-Munay website accessed from the Munay Platform is independent from Munay, and Munay has no control over that website’s content. In addition, a link to any non-Munay website does not imply that Munay approves, accepts any responsibility for the content or use of such a website. Use of any third-party website is subject to its terms of service and privacy policy. We request that the Users exercise caution and good judgment when using third-party websites.
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ADVERTISEMENT Munay may run advertisements and promotions sponsored by third parties on the Munay Platform. Your correspondence or business dealings with, or participation in promotions of advertisers other than Munay found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Munay is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Munay advertisers on the Munay Platform. Munay may display advertisements on non-Munay websites to promote the Third Party Services you provide via the Munay Platform and help you generate more Customer leads.
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NO IMPLIED ENDORSEMENTS In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Munay of that third party or of any product or service provided by a third party. Munay does not endorse, warrant, or guarantee any product or service offered by any third party and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising caution and good judgment.
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RELATIONS BETWEEN MUNAY AND USERS Providing the Services Munay is acting as an on-demand intermediary connecting Customers and Guides and providing the tools to facilitate the Third Party Services. You acknowledge and agree that Munay is a technology services provider that does not provide online Third Party Services.
Munay does not serve as an employer of any User unless separately subject to a signed, written employment contract signed by both the User and Munay. Users may use the Services only for the provision and receipt of the Third Party Services subject to these Terms.
As such, Munay will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security, or payroll withholding tax in connection with your providing of Third Party Services. You are solely responsible for adhering to all applicable tax regulations that may apply in connection with your use of the Munay Platform. You hereby agree to compensate Munay for all state fees, claims, payments, fines, or other tax liabilities that Munay will incur in connection with the obligations arising from applicable tax or other regulations not being met by you.
In all cases of use of the Munay Platform, Users are acting as independent contractors and not as Munay’s or any other party’s employee, agent, franchisee, or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You may not act as an employee, agent, or representative of Munay nor bind any contract on behalf of Munay. Where, by implication of mandatory law or otherwise, you shall be deemed an employee of Munay, you hereby agree to waive any claims against us that may arise as a result of a such implied employment relationship. No User is entitled to participate in any Munay vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Munay to its employees.
The Services provide connection to Guides who are willing to be engaged by Customers as independent contractors. As independent contractors, each Guide decides when and how often the Guide will be available to provide the Third Party Services to Customers. Each Guide controls the methods, materials, content, and all aspects of their services. The Services allow Guides to create personalized services, for a certain number of hours or days. Customers are responsible for selecting the Guide suitable for their learning goals. Customers should check each Guide's self-reported credentials, education, and experience, as well as reviews from other Customers. Each Guide has the sole discretion to accept or decline a request for their services, as well as continue or discontinue a relationship with any Customer.
Guides may and, in fact are expected to perform their services for others or do other types of work (either as an independent contractor or employee or other) while these Terms are in effect, including with Munay’s competitors if desired, provided that such other activities do not result in the Guide’s violation of the Terms.
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ASSIGNMENT You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without Munay’s written consent. These Terms shall be binding and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and assigns.
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FEEDBACK You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas about the Services or the Munay Platform (the “Feedback”). By submitting any Feedback, you provide us a written consent to use your Feedback for the improvement and promotion of the Services. You agree that submitting a Feedback is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by accepting your Feedback, Munay does not waive any rights to use similar or related ideas previously known to Munay, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancement and modifications to the Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
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REVIEWS You acknowledge and agree that Munay may calculate a composite rating based on comments and reviews left by other Users. Guides agree to be rated by Customers along several criteria, as suggested by Munay. Munay provides its automatic feedback and rating system as a means through which Users can express their opinions publicly, and Munay does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Munay's attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Munay is not legally responsible for any feedback or comments posted or made available on the Munay Platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support.
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NOTIFICATIONS Unless you otherwise indicate in writing, Munay will and may communicate with you by email, regular mail or by posting communications on the Munay Platform or sending text messages. You consent to receive communications from us electronically, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to Munay within your account or when we post such communication on the Munay Platform. You should keep your email address updated in your account and regularly check this Website for postings. If you fail to respond to an email message from Munay regarding the violation, dispute, or complaint within 2 (two) business days, we will have the right to terminate or suspend your account. All notices to Munay intended to have a legal effect concerning these Terms must be in writing and delivered either in person or by means evidenced by a delivery receipt to the following address: 254 Chapman Rd, Ste 208 #20574, Newark, Delaware 19702.
To stop receiving specific communications from Munay, please, submit a notification to us by email at help@Munay.com in order to change the types and frequency of such communications, you may also change notification preferences in your account.
- TERMINATION Other than Guides, we may terminate any User’s access to the Munay Platform in our sole discretion, for any reason and at any time, with or without prior notice. It is our right to terminate Users who violate these Terms, as deemed appropriate in our sole discretion.
We may terminate a Guide’s use of the Services (i) immediately for failure to comply with the Terms, including User Code of Conduct, which considers a material breach of the agreement; (ii) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats or intimidation, fraud, falsification of documents or qualifications; or (iii) upon 30 days’ advance written notice for any reason.
We may also delete or restrict access to or use of all related information and files. Munay will not be liable to Users or any third party for any modification, suspension, or termination of the Service, or loss of related information. In case Munay suspends or terminates your account due to the breach of these Terms or any of Munay policies, you understand and agree that you shall receive no refund or compensation for any unused funds or scheduled sessions, or loss of any content or information associated with your account. In addition to the aforementioned, Munay is entitled to withhold any funds remaining on your account as liquidated damages. In case you haven’t logged into your Munay account for more than 180 days your account may be suspended, and your remaining balance may expire.
Even after your right to use the Services has been terminated or suspended, these Terms will remain enforceable against you.
- INTELLECTUAL PROPERTY RIGHTS All intellectual property in the design and layout of the Munay Platform and the material and information published on the Website pages or within the Munay Platform functionality belongs to and is vested in Munay or its licensors. You may not copy any part of the Munay Platform or otherwise do anything in relation to any part of the Munay Platform. You may not otherwise use or reproduce any of the Munay Platform or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of Munay.
Unless otherwise noted, all Munay Content contained on the Munay Platform is the property of Munay and/or its affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The service marks and trademarks of Munay, including without limitation Munay and the Munay logos are service marks owned by Munay, Inc. Any other trademarks, service marks, logos, and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.
You may not link or frame to any pages of the Website or any Munay Content contained therein, whether in whole or in part, without prior written consent from Munay. You may like or follow Munay or share links to the Website via social networking technology referenced on the Website.
Any rights not expressly granted herein are reserved.
- COPYRIGHT INFRINGEMENT. DMCA NOTICE Since we respect content owner rights, it is Munay’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that any materials on our Services infringe your copyright, you may request that they be removed. Please notify Munay's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, your request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (i) An electronic or physical signature of a person authorized to act on behalf of the copyright (ii) (iii) (iv) (v) (vi) owner; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on the Website; Information reasonably sufficient to permit Munay to contact you, such as your address, telephone number, and email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Munay, Inc. Email: legal@Munay.com
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
Please note that this procedure is exclusively for notifying Munay and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Munay’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, Munay may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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CONFIDENTIALITY You may obtain direct access via the Services to certain confidential information of Munay, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such Confidential Information to any third party. All right, title and interest in the Confidential Information remains with Munay, its affiliates and its Users. No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Munay, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) is disclosed in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Munay adequate to afford Munay the opportunity to object to the disclosure.
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DISCLAIMER OF WARRANTY Use of the Services is entirely at your own risk. Munay disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including without limitation Customers or Guides found on or through the Munay Platform (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Under no circumstances will we be liable for any loss or damage caused by your reliance on the information in any content on the Munay Platform. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Munay Platform.
You acknowledge that the Munay Platform and all Services, text, images, and other information on or accessible from the Munay Platform are provided "as is" and are based in part on listings provided by Guides, which are not verified by Munay, and that any Third Party Services, listings or other content acquired through the use of the Munay Platform are at your sole risk and discretion.
Munay and its affiliates and licensors are not liable or responsible for any results generated through the use of the Services. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Munay does not warrant that: (i) the information available on the Munay Platform is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by the Munay Platform will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the Munay Platform or the server(s) that makes it available are free of viruses or other harmful components. Neither Munay nor its affiliates or licensors is responsible for the conduct, whether online or offline, between Users.
In addition, notwithstanding any feature a Customer may use to expedite Guide selection, each Customer is responsible for selecting their Guide and negotiating a contract, and Munay does not warrant any goods or services purchased by a Customer and does not recommend any particular Guide. Munay does not provide any warranties or guarantees regarding any Guide’s professional accreditation, registration, or license.
Munay expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. Munay is not obliged but may attempt to assist in resolving disputes between Users.
- LIMITATION OF LIABILITY (a) Disclaimer. In no event shall Munay be liable to any User of the Munay Platform or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorized access to or use or misuse of the Munay Platform or any information contained thereon, whether based upon warranty, contract, tort (including negligence) or otherwise, even if has been advised of the possibility of such damages or losses.
(b) Limitation. You agree that Munay’s total cumulative liability in connection with these Terms, the Munay Platform, the Services, the Munay Content, or any listing or services whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid to Munay for the Services in the then-prior three months.
(c) Waiver of Class Action. Any claims brought by you or Munay must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
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EXCLUSIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
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INTERNATIONAL The Munay Platform may be accessed from countries other than the United States. The Munay Platform and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States.
If you access and use the Munay Platform outside the United States, you are responsible for complying with all applicable local laws and regulations.
We make no representation that information on the Munay Platform is appropriate or available for use outside the United States. Those who choose to access the Munay Platform from outside the United States do so on their own initiative and at their own risk.
- EXPORT CONTROL The laws of the United States of America prohibit the transmission, export, and re-export of certain products, services, downloadable software, and data (technical data) to particular persons, territories, and foreign states. Nothing from the Services may be exported, in any way, in violation of United States law.
The United States export control regulations prohibit U.S. businesses, such as Munay, from offering services to users in specific sanctioned regions. In order to comply with these regulations, it is not allowed for users in the following areas to access all or certain parts of the Munay Platform: ● Iran, ● Sudan, ● Crimea, ● Cuba, ● Syria, ● North Korea, ● Temporary occupied territories of Donetsk and Luhansk oblast of Ukraine, ● Any other country or region restricted by law (as may be changed from time to time). Depending on your exact location, you may encounter an IP or payment purchase block when attempting to enroll in or otherwise access the Munay Platform.
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LIQUIDATED DAMAGES Munay and a User hereto acknowledge and agree that the funds that may be withheld shall constitute liquidated damages and not penalties and are in addition to all other rights of Munay in case of the breach of these Terms. Munay and a User further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amounts specified in the abovementioned section bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any material breach of the agreement by a User (iii) one of the reasons for Munay and a User reaching an agreement as to such amounts was the uncertainty and cost of litigation regarding the question of actual damages.
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INDEMNIFICATION By using the Services, you agree to indemnify, hold harmless and defend Munay and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services, including but not limited to (a) acts and/or omissions on or off the Munay Platform; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Munay Platform; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Munay Platform, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third-party payment processors; and/or (m) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Munay Platform . You further agree that you will cooperate as requested by Munay in defense of such claims. Munay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Munay without the written consent of Munay.
In the event that you have a dispute with any User, you hereby release Munay (and its officers, directors, agents, investors, subsidiaries, employees, contractors, and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown, arising out of or in any way related with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- DISPUTE RESOLUTION Any dispute arising out of consumer claims shall be finally resolved by individual arbitration before a single arbitrator is conducted in the English language in Delaware, USA, under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
All disputes arising out of or relating to these Terms shall be finally resolved by individual arbitration. The arbitration will be conducted in Delaware, USA, except that a User residing in the US may elect to have the arbitration conducted at a location of Munay’s choice no more than 400 kilometers from the User’s residence. The individual arbitration must be before a single arbitrator is conducted in English under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
Any arbitration under these Terms will be between an individual User and Munay. To the fullest extent permitted by applicable law, and except as expressly provided below, you and Munay expressly waives any entitlement to resolve disputes in court or on a class, collective, or representative basis. You and Munay shall appoint as sole arbitrator a person mutually agreed by you and Munay or, if you and Munay cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.
The parties shall bear equally the cost of the arbitration except (a) to the extent prohibited by applicable law; (b) that if the arbitrator determines that costs unique to arbitration (i.e., filing, administration, and arbitrator’s fees) would preclude a User from asserting a claim in arbitration, the arbitrator may require Munay to pay a greater share of such costs unique to arbitration; and (c) the prevailing party shall, to the extent permitted or required by applicable law, be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration in such an amount as may be determined by the arbitrator.
All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, the application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Munay shall be entitled to seek temporary injunctive relief, security, or other equitable remedies from the United States District Court for the District of Delaware or any other court of competent Jurisdiction.
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GOVERNING LAW These Terms shall be governed by the laws of the State of Delaware, USA, excluding the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; provided, however, that to the fullest extent permissible under law the Federal Arbitration Act (9 U.S.C.§ 1 et seq.) shall govern Section 25 of these Terms (entitled Dispute Resolution).
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NON-SOLICITATION Without limitation, the Services may not be used to solicit for any other business, website, or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Munay without express written permission from Munay. You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Munay.
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HEADINGS The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
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ENTIRE AGREEMENT. SEVERABILITY These Terms, together with any amendments and any additional agreements you may enter into with Munay in connection with the Services, shall constitute the entire agreement between you and Munay concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
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CONTACTS For additional information and in case you have any questions about these Terms, please contact help@Munay.com.
2. Refund & Payments Policy
MUNAY REFUND AND PAYMENT POLICY
Your purchase of and payment for lessons/group services shall be regulated by this Refund and Payment Policy. PLEASE READ IT CAREFULLY BEFORE MAKING A PAYMENT, AS IT DETERMINES YOUR RIGHTS WITH REGARD TO YOUR PURCHASES, INCLUDING ESSENTIAL RESTRICTIONS AND EXCLUSIONS.
Munay strives to ensure a clear understanding of financial relations between Customers and Guides with respect to the services we provide. This policy applies to all services and features made available through the Website and any current or future Munay mobile device application (collectively, the “Munay Platform”). Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in Munay Terms of Service. Guide-Customer Transactions
Munay facilitates contracts between Users (Customers and Guides) by providing a platform to request, deliver and pay for guiding services. Munay is only a platform and in no event shall be a party to any contracts between Guides and Customers or be responsible for any other service or materials provided by a Guide. Munay will in no way be responsible for monitoring any transactions between Customers and Guides.
Billing Currency and Foreign Exchange Risk
Payment transactions will be processed in USD. The prices you see in currencies other than USD are indicative (for guidance only). Note that if your selected currency is different from your payment method’s billing currency, your payment may be processed outside of your country of residence.
As a result, certain fees may apply, such as international transaction fees and foreign exchange fees, and the amount listed on your bank statement may be different from the amount shown at checkout. Munay shall not be responsible for any such fees and currency fluctuations and Munay hereby disclaims all liability in that regard.
We suggest you contact your bank or credit card company if you have any questions about the fees or the applicable exchange rates.
Munay Commission
We charge a service fee to the Guides for the use of our services (“Munay Commission”). Munay Commission is charged on each service conducted by the Guide at the rate indicated on the Munay Platform. Munay reserves the right to change Munay Commission at any time and will notify the Guides of any fee changes before they become effective.
Processing Fee Munay charges the Customers a processing fee for the use of the Munay Platform. The processing fee will be applied to each purchase made on the Munay Platform.
The applicable processing fee will be displayed at checkout. Notwithstanding the foregoing, Munay may change the fees for your use of the Munay Platform for promotional offers or new products, and such changes will be effective when posted on the Website or as communicated via email correspondence.
The processing fee is non-refundable. We reserve the right to change the processing fee at any time and will provide the Customers with notice of any fee changes before they become effective. Credit Return Policy - Issue Reporting and Resolution
The User has up to 48 hours from the date of a service to report any issue related to that service.
Refunds
Cancellation and Refund Policy
Customer Cancellations:
a. Less Than 24 Hours Before Service: Cancellations made less than 24 hours before the scheduled service are non-refundable. b. More Than 24 Hours Before Service: You may cancel your service at any time more than 24 hours before the scheduled time without incurring any charges. c. Provider Cancellations: If the provider cancels the service at any time, you will receive a full refund.
Service Complaints and Refund Requests:
If you are dissatisfied with the service, or if the provider was unable to join or the session could not take place due to technical difficulties, you have 48 hours from the scheduled service time to submit a complaint and request a refund. Refund requests submitted after this 48-hour period will not be considered.
Procedure for Refund Requests: Munay is not responsible for any fees charged by banks or third-party payment processors and will not cover them when initiating a refund.
In case you choose a refund option, its speed and the availability of refunded funds in your bank account will depend solely on the terms and policies of your bank. The exact refund amount will depend on the USD to your payment method’s currency exchange rate valid at the date the refund is initiated.
You may receive only one refund per request.
No refund will be issued if the Customer has lost and/or forgotten their login credentials (username and passwords), which has resulted in the loss of data, temporary loss of access to the Customer's account, or any other inconveniences for the Customer.
No refund will be issued in case the Customer has lost connection due to the absence of Internet access, factory reset, or updates.
Chargebacks
In the event of a chargeback by banks or third-party payment processors in connection with your purchase of any service/group session, you agree that we may suspend access to any and all accounts you have with us.
Fees and expenses incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a third-party payment processor shall be covered by you.
Expired Account
In case you haven’t logged into your Munay account for more than 180 days, your account will be suspended and your remaining balance will expire.
Deletion of an Account
If you decide to delete your Munay account, your remaining balance will expire. In case Munay suspends or terminates your account due to the breach of any of our policies, you understand and agree that you shall receive no refund or compensation for any unused balance or scheduled services/sessions.
Payment Services
Payment processing on the Munay Platform is provided by third-party payment processors including, but not limited to, Stripe, allowing us to (a) bill the Customers in lieu of directly processing the credit/debit card information; and (b) enable payouts to the Guides. For the avoidance of doubt, payment made by the Customer to Munay shall satisfy the Customer’s obligation with respect to the payment to the Guide for the services provided via the
Munay Platform.
We use an integrated iframe for checkouts from third-party payment processors, and Guides get payment for each confirmed service/group session. Correspondingly all transactions are secured as third-party payment processors use SSL encryption protection.
Data Provided by You
You agree and understand that the billing information, which you provide to make payment for services/group sessions via the Munay Platform, is processed by third-party payment processors only. Munay does not collect, store or otherwise process your billing information.
You agree that Munay will not be responsible for any failures of the third party to protect such information adequately. The processing of payments will be subject to the terms, conditions, and privacy policies of third-party payment processors in addition to this policy.
You acknowledge that we may change third-party payment processors and require them to transfer your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Payments
Payment methods available on the Munay Platform are as follows: Visa/Mastercard American Express Apple Pay Google Pay
All payments for the use of the Munay Platform and the services shall be made through the Munay Platform. Customers are liable for all transaction fees related to the payments for the use of the Munay Platform and the services.
Payouts
Guides get payments for each confirmed service/group session. To receive the payment, Guides should use one of the third-party payment processors available on the Munay Platform for the secured transactions.
Please note that third-party payment processors charge a fee for every transaction. Such transaction fees shall be deducted from the respective payout amount and will be displayed within the Munay Platform functionality.