Umifly - Terms & Conditions
1. Definitions & Interpretation
In these Terms and Conditions (“Terms”), the following definitions apply. Words in the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.
1.1 Definitions
Company
Refers to Umifly, including its owners, operators, affiliates, contractors, and any entities involved in providing the Service.
Service
Means the digital guidance service provided by Umifly through automated and assisted communication channels, including but not limited to WhatsApp, email, and web-based systems. The Service is limited to informational guidance and structured support only.
User
Refers to any individual or legal entity that accesses, purchases, or uses the Service, whether directly or indirectly.
Platform
Means any third-party technology or communication platform used to deliver the Service, including but not limited to WhatsApp (operated by Meta Platforms, Inc.), hosting providers, payment processors, and analytics tools. Umifly does not control these platforms.
Guidance
Refers solely to general information, explanations, recommendations, and decision-support content provided through the Service. Guidance does not constitute legal advice, medical advice, financial advice, religious rulings (fatwa), booking services, or professional consultancy of any kind.
AI (Artificial Intelligence)
Means automated systems, algorithms, and language models used to generate responses and content as part of the Service. AI-generated outputs may be incomplete, inaccurate, or outdated and are provided without guarantees.
Package
Means a defined service tier (including but not limited to Explore, Advanced, and Ultimate) that determines the scope, duration, and limitations of the Service available to the User.
Content
Means all messages, text, responses, recommendations, and outputs generated or delivered through the Service, whether created by AI or through human-assisted processes.
Chat Log
Means the record of communications exchanged between the User and the Service through the Platform.
1.2 Interpretation
Any references to “including” or “including but not limited to” shall not limit the scope of the relevant provision. References to laws or regulations include any amendments or replacements. In the event of inconsistencies, the English version of these Terms shall prevail. These Terms are intended to apply internationally, subject to mandatory local consumer protection laws where applicable.
2. About the Service
2.1 Nature of the Service
Umifly provides a digital guidance and decision-support service delivered primarily through automated and system-assisted messaging channels, including but not limited to WhatsApp and web-based communication interfaces (the “Service”).
The Service is designed to provide structured, high-level information, practical orientation, and general guidance to Users before, during, and after their journey. The Service operates on a software-as-a-service (SaaS) model and is strictly informational in nature.
All interactions, responses, and outputs generated through the Service are intended solely to support the User’s independent decision-making and shall not be relied upon as a substitute for independent judgment, professional advice, or personal verification.
Umifly does not execute, manage, supervise, or control any actions taken by the User as a result of using the Service.
2.2 What Umifly Is
Umifly is, without limitation:
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A digital guidance and informational platform, not a human travel agent
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An AI-assisted information service, not a consultancy, advisory firm, or agency
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A supportive orientation and planning tool, not an execution, booking, or management service
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A non-exclusive, non-fiduciary, non-personalized assistance system operating strictly within predefined package boundaries
The Service may include general explanations of processes, non-binding recommendations, checklists, illustrative examples, and high-level comparisons based on commonly available or publicly accessible information.
Any appearance of personalization, specificity, or tailored guidance is a functional characteristic of automated systems and does not constitute individualized advice, representation, or obligation.
2.3 What Umifly Is Not
For the avoidance of any doubt, Umifly is explicitly not:
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A travel agency, tour operator, or travel intermediary
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A booking, reservation, or ticketing platform for flights, hotels, transport, visas, or accommodations
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A payment processor, payment intermediary, or financial service provider
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A provider of legal, medical, financial, insurance, tax, or religious advice (including fatwas or authoritative religious rulings)
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A representative, agent, broker, or proxy acting on behalf of the User toward any third party
Umifly does not make reservations, issue tickets, process or collect payments, negotiate prices, enter into agreements, or assume obligations with third-party service providers on behalf of the User.
Any suggestion, reference, or mention of third-party services shall not be construed as execution, representation, or involvement by Umifly.
2.4 No Professional Advice
All guidance, content, and outputs provided through the Service are general and informational only.
Nothing within the Service constitutes, or shall be interpreted as:
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Legal advice
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Medical or health advice
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Financial, investment, insurance, or tax advice
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Religious rulings, fatwas, or authoritative religious opinions
The User remains solely and fully responsible for verifying information, making decisions, assessing risks, and ensuring compliance with applicable laws, regulations, personal circumstances, and religious obligations.
Use of the Service does not create a professional, advisory, fiduciary, or duty-of-care relationship between Umifly and the User.
2.5 Third-Party Dependency
The Service may reference, rely upon, or interact with publicly available information, external data sources, and third-party platforms.
Umifly does not control, operate, endorse, supervise, or guarantee the availability, accuracy, pricing, legality, suitability, or performance of any third-party service, provider, platform, or authority.
Any interaction, transaction, booking, agreement, communication, or dispute between the User and a third party occurs entirely outside the scope of the Service and at the User’s sole risk and responsibility.
Umifly shall bear no liability whatsoever for acts, omissions, failures, changes, or decisions of third parties.
2.6 User Responsibility
By accessing or using the Service, the User expressly acknowledges and agrees that:
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The Service is a support and orientation tool only and does not replace due diligence
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All final decisions are made independently and exclusively by the User
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All outcomes, consequences, costs, losses, or damages arising from decisions taken based on the Service remain the sole responsibility of the User
The User assumes all risks associated with reliance on informational guidance and accepts that Umifly does not and cannot control the outcome of any User decision.
3. Scope of the Service 3.1 Services Within Scope
Within the defined scope of the Service, Umifly provides digital guidance and informational support through automated and system-assisted messaging, strictly in accordance with the User’s selected package and its predefined boundaries.
The Service may include, without limitation:
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General orientation and high-level explanations related to travel preparation and journeys
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Location-based suggestions (such as general areas, categories of venues, or commonly known locations)
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Step-by-step informational explanations of processes, including Umrah-related procedures, provided in a non-religious, non-authoritative, and descriptive manner
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Practical checklists and general preparation recommendations
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Contextual explanations intended to assist Users in understanding options, trade-offs, and commonly encountered considerations
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Availability of the Service during the package validity period, subject to technical, operational, and third-party limitations
All guidance is provided on a non-binding, non-personalized, and purely informational basis.
3.2 AI-Assisted Nature of the Service
The Service is powered in whole or in part by artificial intelligence systems that generate responses based on patterns, statistical correlations, data models, and probabilistic outputs.
Accordingly:
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Responses may be fully automated, partially automated, or system-assisted
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Outputs may vary between interactions and are not guaranteed to be accurate, complete, current, or suitable
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The Service does not claim human-level reasoning, judgment, expertise, or contextual understanding
Users expressly acknowledge that AI-generated content may contain errors, inaccuracies, omissions, inconsistencies, or limitations inherent to automated systems.
3.3 Explicitly Out of Scope
The following activities are strictly excluded from the scope of the Service:
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Booking, reserving, issuing, modifying, or canceling flights, hotels, transport, visas, or accommodations
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Handling payments, pricing negotiations, refunds, chargebacks, or financial transactions
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Acting as an intermediary, agent, representative, or negotiator toward third parties
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Providing legal, medical, financial, insurance, or tax advice
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Issuing religious rulings, fatwas, or authoritative religious guidance
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Guaranteeing cost savings, availability, outcomes, approvals, or results
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Providing emergency assistance, crisis response, or real-time intervention
Any request that falls outside the defined scope may be declined, limited, ignored, or redirected at Umifly’s sole discretion, without obligation or liability.
3.4 No Obligation to Act or Advise
Umifly retains the unrestricted right, at its sole discretion, to:
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Decline to respond to requests exceeding the scope of the Service
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Limit, modify, delay, or withhold guidance for any reason
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Suspend, restrict, or terminate access in cases of misuse, abuse, or policy violations
The Service does not create any obligation for Umifly to provide specific answers, recommendations, availability, continuity, or response times.
3.5 User Acknowledgment
By using the Service, the User expressly acknowledges and agrees that:
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The Service provides guidance only and does not perform execution, management, or supervision
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All decisions made based on the Service are taken independently and at the User’s own risk
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Umifly bears no responsibility or liability for outcomes resulting from User decisions
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The scope of the Service is limited strictly to what is explicitly described in these Terms
4. Informational Recommendations & Third-Party References
4.1 Informational Nature of Recommendations
Any references to third-party platforms, tools, services, or providers are provided solely for general orientation and informational purposes.
Such references are non-binding, non-exclusive, and shall not be interpreted as advice, direction, or instruction.
4.2 No Endorsement or Recommendation
Any mention of third-party platforms (including but not limited to Expedia, Booking.com, Google Hotels) does not constitute:
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An endorsement or recommendation
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A guarantee of quality, availability, pricing, legality, or suitability
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A commercial relationship, partnership, or affiliation
All examples are illustrative only and may change at any time due to external factors.
4.3 User-Led Selection Only
All decisions regarding platform selection, bookings, timing, providers, and execution are made solely by the User.
Umifly does not influence, finalize, execute, or validate any booking or transaction decision.
4.4 No Booking or Redirection Obligation
The Service may suggest where Users could independently search for options but does not:
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Direct Users to complete bookings
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Perform commercial redirections
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Track or control User behavior on third-party platforms
All third-party interactions occur outside Umifly’s systems and responsibility.
4.5 Dynamic & Non-Exhaustive Suggestions
Examples or options provided by the Service:
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Are not exhaustive
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Are not ranked or optimized
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Are subject to change without notice
Users are solely responsible for verification, comparison, and decision-making.
5. Informational & Guidance-Only Nature
All information, guidance, responses, and outputs provided through the Service are offered strictly on an informational and guidance-only basis.
No content generated by Umifly or its AI systems constitutes binding advice, instructions, guarantees, warranties, or representations.
The User expressly acknowledges that any reliance on the Service is undertaken entirely at their own discretion and risk. Umifly shall not be responsible for decisions made, actions taken, or outcomes resulting from the use of the Service.
No content shall be interpreted as professional, legal, financial, medical, religious, travel, or booking advice. Guidance is non-personalized and may not reflect the User’s specific circumstances, constraints, or regulatory environment.
Umifly does not guarantee accuracy, completeness, timeliness, or suitability of any information provided.
Final responsibility for verification, planning, selection, and execution remains exclusively with the User.
6. Use of Artificial Intelligence
The Service utilizes automated artificial intelligence systems (“AI”) to generate informational outputs.
The User expressly acknowledges and agrees that:
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AI operates automatically and without human judgment
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AI outputs may be inaccurate, outdated, generalized, or contextually incorrect
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AI does not possess awareness, intent, discretion, or expertise
All AI-generated outputs are provided on an “as-is” and “as-available” basis.
The User remains solely responsible for interpreting, verifying, and deciding whether to act on AI-generated information.
AI outputs shall not be considered human advice, professional consultation, decision-making, or a substitute for due diligence.
Umifly shall not be liable for any loss, damage, misunderstanding, inconvenience, or adverse outcome arising from reliance on AI-generated responses.
No AI output constitutes a promise, guarantee, commitment, or obligation by Umifly.
7. AI Limitations & Accuracy Disclaimer
The User acknowledges and agrees that all information, responses, suggestions, and guidance provided through the Service—whether generated by artificial intelligence or otherwise—are subject to inherent limitations.
Umifly makes no representations or warranties, express or implied, regarding the:
Accuracy,
Completeness,
Reliability,
Timeliness,
Current validity,
Or applicability
of any information provided through the Service.
Information generated by the AI may be based on:
Generalized data,
Historical patterns,
Publicly available sources,
Or inferred contextual assumptions,
and may therefore be inaccurate, outdated, incomplete, unsuitable, non-current, non-comprehensive, or otherwise inappropriate for the User’s specific situation, jurisdiction, preferences, constraints, or circumstances.
Umifly does not guarantee that:
Information reflects the most recent developments,
Recommendations are optimal, appropriate, or exhaustive,
Outputs are free from errors, omissions, inconsistencies, or ambiguity,
Or that all relevant alternatives, constraints, risks, or requirements are presented.
The User expressly agrees that:
The Service does not verify real-time availability, pricing, policies, regulations, visa requirements, entry rules, health requirements, governmental requirements, or third-party terms;
Any references to locations, services, platforms, providers, or options are illustrative, non-binding, non-authoritative, and non-exhaustive;
The User must independently verify all information before acting upon it, including through official sources, competent authorities, or qualified professionals where appropriate.
Umifly shall not be liable for any loss, cost, delay, inconvenience, misunderstanding, error, omission, harm, claim, dispute, or damage arising from:
Inaccurate or incomplete AI-generated information,
Reliance on outdated, incorrect, incomplete, or misinterpreted content,
Or the User’s interpretation, application, implementation, or reliance upon such information.
Use of the Service is entirely at the User’s own risk.
8. No Human Guarantee
The User expressly acknowledges and agrees that the Service is primarily automated and operates through artificial intelligence–driven and system-assisted processes.
Umifly does not guarantee that:
Interactions involve a human agent,
Responses are reviewed, monitored, supervised, validated, or approved by a human,
Real-time human assistance is available,
Or that the Service provides personalized, human-led, or human-supervised guidance.
Any references to “support,” “assistance,” “guidance,” “availability,” or similar terms refer to system-based availability, automated service continuity, and technical delivery of the Service, not to the presence of a dedicated human advisor or human-operated support desk.
While Umifly may, at its sole discretion, provide limited human intervention for technical, administrative, safety, compliance, or quality-control purposes, such intervention:
Is not guaranteed,
May be delayed or unavailable,
Does not constitute professional advice or personalized guidance,
And does not create any obligation to provide ongoing, individualized, or continuous human support.
The User understands and accepts that:
The Service does not replace human judgment, professional consultation, or personal decision-making;
Responses may lack contextual nuance, jurisdiction-specific detail, or individualized assessment that a human advisor could otherwise provide;
Automated outputs may be constrained by system logic, predefined rules, safety limits, platform restrictions, technical limitations, or model behavior.
No expectation of human involvement shall be implied, assumed, asserted, or enforced unless explicitly stated in writing by Umifly.
9. WhatsApp Platform Dependency
The User acknowledges and agrees that the Service is delivered primarily through third-party communication platforms, including but not limited to WhatsApp, operated by Meta Platforms, Inc. or its affiliates (“Third-Party Platforms”).
Umifly does not own, control, operate, maintain, supervise, or guarantee WhatsApp or any other Third-Party Platform and is therefore not responsible or liable for their availability, functionality, performance, security, delivery, routing, encryption, integrity, policies, moderation, enforcement actions, or technical behavior.
The Service is inherently dependent on the continued operation, accessibility, and commercial availability of such Third-Party Platforms. As a result, Umifly makes no representations or warranties regarding uninterrupted, continuous, or error-free delivery of the Service via WhatsApp.
Without limitation, Umifly shall not be liable for any interruption, limitation, delay, suspension, degradation, restriction, throttling, non-delivery, message loss, message duplication, platform enforcement, or termination of the Service resulting from:
Outages, downtime, congestion, latency, routing failures, or technical failures of WhatsApp or Meta systems;
Changes to WhatsApp APIs, features, pricing, access rules, rate limits, deliverability, verification requirements, or usage limitations;
Enforcement actions, restrictions, suspensions, bans, or limitations imposed by WhatsApp or Meta on user accounts, phone numbers, business profiles, templates, messaging permissions, or business verification;
Changes in terms, policies, compliance requirements, content rules, regional availability, or platform eligibility imposed by WhatsApp or Meta;
Security incidents, data loss, compromised accounts, device-level compromise, or transmission failures occurring within Third-Party Platforms.
The User further acknowledges that:
WhatsApp operates under its own terms of service, privacy policies, and acceptable use policies;
Any use of the Service via WhatsApp is subject to those third-party terms;
Umifly has no authority to override, contest, reverse, or guarantee outcomes relating to actions taken by WhatsApp or Meta.
In the event that WhatsApp or any Third-Party Platform becomes unavailable, restricted, commercially impractical, technically infeasible, or subject to enforcement actions, Umifly reserves the right, at its sole discretion, to:
Modify the method, channel, format, or timing of service delivery,
Temporarily suspend the Service,
Limit functionality or message frequency,
Or discontinue service via that platform,
without liability to the User.
No failure, limitation, or restriction of the Service caused by a Third-Party Platform shall constitute a breach of this Agreement by Umifly.
10. Service Availability & Interruptions
Umifly endeavors to provide the Service in a reliable and professional manner; however, the Service is provided on an “as available” and “as is” basis. Umifly does not guarantee continuous, uninterrupted, error-free, timely, secure, or delay-free availability of the Service.
The User acknowledges that temporary interruptions, delays, degradation, partial outages, limitations, or service variability may occur due to technical, operational, third-party, or external factors beyond Umifly’s reasonable control.
Without limitation, Umifly shall not be liable for any unavailability, interruption, degradation, delay, failure, limitation, loss of access, or reduced performance of the Service resulting from:
Scheduled or unscheduled maintenance, updates, patches, deployments, migrations, scaling operations, or system improvements;
Technical malfunctions, software bugs, system overloads, queue delays, model outages, infrastructure failures, database issues, or unforeseen engineering incidents;
Issues related to third-party services, APIs, hosting providers, cloud providers, telecommunications networks, carriers, device manufacturers, or internet service providers;
Failures, changes, limitations, discontinuation, deprecation, throttling, restrictions, or policy changes of third-party platforms, integrations, or dependencies;
Cybersecurity incidents, including but not limited to hacking attempts, phishing, account compromise, denial-of-service attacks, malware, data transmission disruptions, or security vulnerabilities;
Governmental actions, regulatory changes, sanctions, law enforcement actions, compliance requirements, or platform enforcement actions;
Force majeure events, including but not limited to natural disasters, acts of war, terrorism, civil unrest, strikes, pandemics, power outages, infrastructure failures, or other events beyond reasonable control.
Umifly reserves the right, at its sole discretion, to:
Temporarily suspend, restrict, throttle, or limit access to the Service for maintenance, security, compliance, operational continuity, risk mitigation, or performance reasons;
Modify, update, replace, restrict, or discontinue certain features, functionalities, system behaviors, or delivery methods of the Service;
Implement emergency measures to protect system integrity, prevent abuse, maintain service stability, comply with legal obligations, or respond to platform changes.
Such interruptions, limitations, or modifications shall not constitute a breach of this Agreement and shall not give rise to any right to compensation, service credits, refunds, damages, or extensions, unless expressly required by mandatory applicable law.
The User agrees that access to the Service may vary based on geographic location, device conditions, connectivity, platform restrictions, regulatory environment, and third-party dependencies, and that Umifly bears no responsibility for any resulting limitations.
11. AI Output Deviation & Error Disclaimer
The User expressly acknowledges and agrees that, due to the automated, statistical, and probabilistic nature of artificial intelligence, the Service may occasionally generate outputs that are inaccurate, incomplete, misleading, outdated, inconsistent, ambiguous, misaligned with the User’s intent, or outside the intended scope of the Service.
This includes, but is not limited to, instances where the AI may:
Suggest or imply a booking, purchase, price comparison, financial commitment, or action;
Reference third-party providers, platforms, services, or options;
Use language that could be interpreted as directive, definitive, authoritative, or decisive;
Produce responses that appear to contradict, exceed, or deviate from the limitations defined in these Terms and Conditions.
Any such output, whether correct or incorrect, shall not create liability, responsibility, duty, representation, warranty, or obligation for Umifly.
The User agrees that:
The Terms and Conditions always prevail over any individual AI-generated response;
No AI output shall be considered a modification, exception, waiver, or override of these Terms;
Umifly shall not be held responsible for reliance on any AI response that falls outside the defined scope of the Service.
Even in the event that the AI provides information, suggestions, comparisons, or statements that:
Appear to recommend a specific decision,
Contain factual, comparative, jurisdictional, or compliance errors,
Conflict with the Service’s disclaimers, limitations, or scope restrictions,
Umifly shall bear no liability whatsoever, and the User remains fully and exclusively responsible for verification, decision-making, and execution.
The User further acknowledges that AI-generated content is not monitored in real time, does not represent human judgment, may not reflect Umifly’s intended guidance in every instance, and may be influenced by input quality, ambiguity, platform constraints, model variability, or system behavior.
Use of the Service constitutes acceptance that any reliance on AI outputs is entirely at the User’s own risk, regardless of the nature, tone, formatting, or phrasing of such outputs.
12. User Responsibility
The User acknowledges and agrees that the use of the Service is entirely at their own discretion and risk. All decisions, actions, and outcomes arising from the use of the Service remain the sole responsibility of the User.
While Umifly provides informational support, structured guidance, and decision-support insights, the User expressly understands and accepts that:
Umifly does not make decisions on behalf of the User;
Umifly does not execute, finalize, confirm, validate, guarantee, or manage any bookings, transactions, or arrangements;
Umifly does not assume responsibility for the User’s choices, interpretations, reliance, or subsequent actions.
The User remains fully and exclusively responsible for, including but not limited to:
Selecting, booking, modifying, canceling, and paying for flights, accommodations, transportation, visas, insurance, and other travel-related services;
Verifying the accuracy, legality, suitability, availability, pricing, compliance, and contractual terms of any third-party services, platforms, providers, or governmental requirements referenced by the Service;
Ensuring compliance with applicable laws, regulations, visa requirements, entry rules, health requirements, governmental requirements, and religious obligations;
Evaluating financial implications, costs, risks, contractual obligations, and personal circumstances before making any decision;
Assessing whether the information or guidance provided is appropriate, safe, and lawful for their individual situation.
Any examples, suggestions, scenarios, options, or comparisons presented by the Service are provided for illustrative and informational purposes only and shall not be interpreted as instructions, directives, guarantees, approvals, endorsements, or assurances.
The User expressly agrees that Umifly shall not be held liable for:
Any losses, damages, costs, delays, missed opportunities, chargebacks, disputes, penalties, fees, adverse outcomes, or inconvenience resulting from decisions made by the User;
Reliance on information, guidance, or outputs generated by the Service;
Errors, omissions, misunderstandings, misinterpretations, or misapplications by the User.
By using the Service, the User confirms that they retain full control over all decisions and accept complete responsibility for the consequences thereof.
13. Decision-Making Disclaimer
Umifly does not make decisions on behalf of the User.
All information, guidance, suggestions, or outputs provided through the Service — including those generated by artificial intelligence — are purely informational and advisory in nature and shall never be considered decisions, instructions, approvals, authorizations, confirmations, guarantees, or commitments.
The User explicitly acknowledges and agrees that:
Umifly does not act as an agent, representative, intermediary, broker, negotiator, or decision-maker for the User;
Umifly does not execute, confirm, validate, guarantee, or finalize any decision on behalf of the User;
All decisions related to travel, accommodation, transportation, timing, bookings, purchases, religious practices, compliance, or any other actions remain solely and entirely the responsibility of the User.
Any choice, action, or outcome resulting from the use of the Service — whether directly or indirectly influenced by AI-generated guidance — is made independently by the User at their own discretion and risk.
Umifly shall not be liable for:
Decisions taken by the User based on guidance provided through the Service;
Outcomes, consequences, costs, losses, damages, penalties, disputes, or liabilities arising from such decisions;
Any interpretation, reliance, or implementation placed on AI-generated outputs by the User.
The User understands that the Service supports decision-making but does not replace it, and that final judgment, verification, and responsibility always rest with the User.
14. No Liability for Travel Outcomes
Umifly shall bear no responsibility or liability whatsoever for any travel-related outcomes, arrangements, or consequences.
The User expressly acknowledges and agrees that Umifly:
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Does not arrange, book, issue, modify, or manage visas, flights, accommodations, transportation, or Umrah-related services;
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Does not guarantee the availability, approval, validity, pricing, quality, legality, or suitability of any travel-related option;
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Does not verify or control third-party providers, platforms, agencies, airlines, hotels, or governmental authorities.
Accordingly, Umifly shall not be liable for, including but not limited to:
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Visa approvals, rejections, delays, cancellations, or changes;
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Flight delays, cancellations, overbookings, missed connections, or schedule changes;
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Hotel availability, quality, pricing, cancellations, overbooking, or service issues;
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Transportation issues, local travel disruptions, or logistical failures;
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Umrah performance outcomes, access limitations, crowd conditions, timing constraints, or regulatory changes;
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Any financial loss, missed opportunity, emotional distress, inconvenience, or indirect damage arising from travel-related matters.
All travel-related actions are undertaken solely at the User’s own risk. The User remains fully responsible for:
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Verifying all travel requirements, documents, and eligibility;
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Confirming bookings, reservations, prices, and terms directly with third-party providers;
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Complying with local laws, regulations, religious requirements, and governmental rules.
Any guidance, examples, references, or suggestions provided through the Service — including those relating to visas, flights, hotels, transportation, or Umrah logistics — are non-binding, illustrative, and informational only, and shall never be construed as guarantees, commitments, or assurances.
Under no circumstances shall Umifly be held liable for the outcome of any travel, pilgrimage, or related arrangement, regardless of whether the User relied on guidance provided through the Service.
15. No Guarantee of Results or Savings
Umifly makes no guarantees, representations, or warranties regarding results, outcomes, cost savings, or financial benefits.
Any references to potential cost savings, comparisons with travel agencies, indicative ranges (including but not limited to statements such as “save up to”, “lower cost”, or similar expressions) are purely illustrative and informational in nature and shall not be construed as promises, assurances, or guarantees.
The User expressly acknowledges that:
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Actual costs, prices, availability, and outcomes may vary significantly based on timing, location, market conditions, provider policies, personal preferences, and external factors;
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Any estimated or illustrative savings are non-binding, hypothetical, and dependent on individual circumstances;
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Umifly does not calculate, verify, guarantee, or enforce any specific financial outcome or level of savings.
Under no circumstances shall Umifly be liable for:
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Failure to achieve expected or perceived savings;
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Differences between anticipated and actual costs;
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Decisions made by the User based on indicative or comparative information;
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Financial outcomes resulting from third-party pricing, availability, or changes.
All decisions related to budgeting, cost comparison, booking, or financial commitment remain solely and exclusively the responsibility of the User.
The Service is provided for guidance and informational purposes only, and the User accepts that any financial or cost-related expectations are assumed at their own risk.
16. Third-Party Services & Links
The Service may reference, mention, or provide access to third-party services, platforms, websites, applications, or providers, including but not limited to airlines, hotels, accommodation providers, booking platforms, payment services, transportation providers, or other external vendors (“Third-Party Services”).
Such references are provided solely for informational and guidance purposes and do not constitute:
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An endorsement, recommendation, partnership, or affiliation;
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A guarantee of quality, availability, pricing, legality, or suitability;
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An instruction, obligation, or encouragement to use any specific Third-Party Service.
Umifly:
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Does not own, operate, manage, control, or supervise any Third-Party Services;
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Is not a party to any transaction, agreement, booking, payment, or contract between the User and a third party;
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Does not verify, audit, or guarantee the accuracy, completeness, safety, or reliability of third-party information.
Any interaction, communication, transaction, booking, payment, or agreement between the User and a Third-Party Service is conducted entirely at the User’s own risk and responsibility.
Umifly shall not be liable for, and expressly disclaims all responsibility related to:
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Acts, omissions, errors, delays, failures, or misconduct of Third-Party Services;
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Changes in pricing, availability, policies, terms, or conditions imposed by third parties;
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Financial loss, service disruption, cancellations, overbooking, or dissatisfaction arising from third-party dealings;
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Any damage, loss, injury, or dispute resulting from the use of Third-Party Services.
Links or references to Third-Party Services may be provided for convenience only. Umifly has no control over and assumes no responsibility for the content, operation, availability, or practices of such external services.
The User acknowledges and agrees that reliance on any Third-Party Service is made solely at their own discretion and that Umifly bears no liability whatsoever arising from such reliance.
17. Pricing & Payments
The Service provided by Umifly is a digital, non-tangible service delivered through automated and/or AI-assisted guidance via WhatsApp or related communication channels.
All prices displayed or communicated for Umifly packages represent:
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A fixed, upfront fee for access to the selected package and its defined scope;
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Payment solely for digital guidance, informational support, and service access.
Umifly:
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Does not charge commissions, referral fees, success fees, or performance-based fees;
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Does not receive compensation from airlines, hotels, booking platforms, or third-party providers;
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Does not benefit financially from any user decision, booking, or transaction made outside the Service.
All payments are:
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Final and related exclusively to the digital service provided;
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Independent of any third-party costs such as flights, hotels, visas, transportation, or other travel-related expenses.
Umifly does not process, collect, handle, or facilitate payments for:
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Flights, hotels, accommodations, visas, transportation, or travel services;
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Any third-party product or service referenced during guidance.
Unless explicitly required by applicable law:
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Payments for the Service are non-refundable, as the Service involves immediate access to digital content, guidance, and system resources;
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No refunds, credits, or chargebacks shall be granted based on dissatisfaction with third-party services, user decisions, or outcomes beyond the scope of the Service.
The User acknowledges that:
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The price paid reflects access to guidance, not outcomes;
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No guarantees are made regarding cost savings, availability, or success of travel arrangements;
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Any financial decisions made following the guidance are undertaken entirely at the User’s own risk.
Umifly reserves the right to:
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Modify package pricing for future users at any time;
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Offer promotions, discounts, or temporary pricing changes without affecting existing purchases.
All prices are exclusive of applicable taxes, duties, or governmental charges, unless stated otherwise.
18. No Refund Policy / Refund Conditions
Due to the nature of the Service provided by Umifly, all purchases are subject to a strict no-refund policy, except where mandatory consumer protection laws apply.
The User acknowledges and agrees that:
-
The Service is a digital service that is delivered immediately upon activation;
-
Access to the Service, guidance flows, system resources, and AI infrastructure begins instantly after payment;
-
Once access has been granted, the Service is considered partially or fully performed.
18.1 No Refunds After Activation
Unless explicitly required by applicable law:
-
All payments made for Umifly packages are final and non-refundable;
-
No refunds shall be issued for unused time, partial use, dissatisfaction, or changes in personal circumstances;
-
Refunds will not be granted based on:
-
User expectations;
-
Third-party service outcomes (flights, hotels, visas, bookings);
-
Perceived accuracy or usefulness of guidance;
-
Technical limitations of AI or external platforms.
-
18.2 Waiver of Right of Withdrawal (Where Applicable)
Where permitted by law, the User expressly consents to:
-
Immediate performance of the digital Service after purchase;
-
The waiver of any statutory right of withdrawal once the Service has commenced.
This consent is given at the time of checkout and is a condition of accessing the Service.
18.3 Exceptional Refund Scenarios
A refund may only be considered at Umifly’s sole discretion in the event of:
-
Proven duplicate payments;
-
Complete and continuous Service unavailability exceeding a reasonable period, caused exclusively by Umifly and not by third parties.
Any such refund:
-
Is assessed on a case-by-case basis;
-
Does not constitute an admission of liability;
-
Shall not exceed the amount paid for the Service.
18.4 Chargebacks & Payment Disputes
The User agrees not to initiate chargebacks, payment reversals, or disputes for reasons covered by this No Refund Policy.
In the event of an unjustified chargeback:
-
Umifly reserves the right to suspend or terminate access to the Service;
-
Umifly may recover associated administrative, legal, and processing costs.
18.5 Legal Compliance
Nothing in this section limits or excludes rights that cannot be waived under applicable consumer protection laws in the User’s jurisdiction.
19. Digital Service Acknowledgement & Waiver of Withdrawal Rights
By purchasing and using the Service, the User expressly acknowledges and agrees that Umifly provides a digital service that is delivered immediately upon confirmation of payment. The User understands that the Service consists of instant access to AI-powered guidance and informational support delivered via WhatsApp or related digital channels.
To the maximum extent permitted under applicable law, the User explicitly waives any right of withdrawal, cancellation, or refund once the Service has commenced. The User confirms that they consent to the immediate performance of the Service and acknowledge that, as a result, any statutory right of withdrawal that may otherwise apply to digital content or digital services is excluded.
Where mandatory consumer protection laws apply that cannot be contractually excluded, such rights shall apply only to the minimum extent required by law and shall not extend beyond what is strictly legally enforceable. In all other cases, the Service is deemed fully delivered upon activation, regardless of the level of usage by the User.
The User further acknowledges that dissatisfaction with the Service, non-use of the Service, disagreement with the guidance provided, or changes in personal circumstances do not constitute grounds for withdrawal, cancellation, or refund.
This clause applies internationally and shall be interpreted in a manner that preserves the maximum legal protection for Umifly under applicable digital services and e-commerce regulations.
20. Indicative Cost Comparisons & Savings Disclaimer
Any references made by Umifly to potential cost comparisons, savings, or indicative amounts — including but not limited to figures such as €500 to €1,500 — are provided solely for illustrative and informational purposes. Such figures are based on general market observations, publicly available information, and anecdotal comparisons, and do not constitute a promise, guarantee, or representation of actual savings.
The User explicitly acknowledges that all cost-related information is non-binding, approximate, and subject to variation depending on individual circumstances, timing, availability, third-party pricing, personal preferences, market fluctuations, and external factors beyond Umifly’s control.
Umifly does not calculate, verify, negotiate, or secure prices, discounts, or bookings on behalf of the User. Any decisions made by the User based on indicative comparisons are taken entirely at the User’s own risk and discretion.
No rights, claims, or expectations may be derived from any stated or implied cost comparison, projected savings, or referenced price range. Umifly shall not be held liable for any difference between indicative figures and actual costs incurred by the User, nor for the absence of any anticipated savings.
This clause applies regardless of whether cost comparisons are communicated via the Platform, WhatsApp conversations, marketing materials, or any other form of communication.
21. Acceptable Use Policy (Anti-Spam, Fair Use & Misuse Prevention)
The User agrees to use the Umifly Service in a lawful, reasonable, and responsible manner, in accordance with these Terms & Conditions and applicable laws and regulations.
The Service is subject to fair use principles. Excessive, repetitive, automated, abusive, or disruptive use may negatively impact system performance, availability, or the experience of other users.
21.1 Prohibited Use
The User shall not:
-
misuse the Service for spam, harassment, manipulation, or abuse;
-
attempt to overload, disrupt, or interfere with the AI, platform infrastructure, or messaging flow;
-
send excessive messages in a manner that prevents normal system operation;
-
use automated tools, scripts, or bots to interact with the Service;
-
use the Service for unlawful, misleading, or harmful purposes.
21.2 Definition of Spam Behavior
For the purposes of these Terms, “spam behavior” includes, but is not limited to:
-
sending three (3) or more consecutive messages in rapid succession without allowing a reasonable response window;
-
repeatedly submitting substantially similar or identical messages;
-
intentionally attempting to bypass system limits or safeguards.
21.3 Temporary Suspension & Enforcement
Umifly reserves the right, at its sole discretion, to apply automated and preventative measures in cases of misuse, including but not limited to:
(a) temporary suspension of access to the WhatsApp-based Service for a period of up to ten (10) minutes;
(b) limitation of message frequency or interaction capabilities;
(c) escalation of restrictions in cases of repeated or severe abuse.
Such measures are preventative and protective in nature and do not constitute termination of the Service, breach of contract, or admission of fault by Umifly.
21.4 No Liability for Enforcement Actions
The User acknowledges and agrees that Umifly shall not be held liable for any inconvenience, delay, or loss resulting from the application of fair use controls, automated restrictions, or temporary suspensions imposed under this Acceptable Use Policy.
22. Abuse of Unlimited Messaging, Chat Logs & Legal Limitations
22.1 Abuse of Unlimited Messaging (Fair Use Protection)
Where a package includes references to “unlimited messaging,” such access is strictly subject to fair use principles and defined service scope.
“Unlimited” does not mean unrestricted, abusive, excessive, or system-disruptive usage.
Umifly reserves the right to monitor usage patterns and apply limitations where messaging behavior:
-
exceeds reasonable human interaction patterns;
-
interferes with system stability or service availability;
-
falls outside the defined informational and guidance-only scope of the Service;
-
constitutes spam, repetition, manipulation, or misuse.
Unlimited messaging shall always be interpreted as reasonable usage within the intended purpose of the Service, not as an entitlement to unrestricted or abusive interaction.
22.2 Chat Logs, Retention & Legal Limitation
Chat conversations, interaction logs, and AI-generated responses (“Chat Logs”) are stored for a maximum period of seven (7) calendar days for operational, quality assurance, security, and system integrity purposes only.
After this seven-day retention period, Chat Logs may be permanently deleted, anonymized, or rendered inaccessible, without prior notice.
By using the Service, the User explicitly acknowledges and agrees that:
(a) Chat Logs are not intended to serve as formal records, contracts, confirmations, or legally binding communications;
(b) Umifly is under no obligation to retain, retrieve, reproduce, or provide access to Chat Logs after the retention period;
(c) the User waives any right to initiate legal claims, disputes, complaints, or evidentiary proceedings based on Chat Logs that are no longer retained after the seven-day period.
The User remains solely responsible for saving, exporting, or documenting any information they consider important before the expiration of the retention period.
22.3 No Liability for AI Output or Log Content
The User acknowledges that Chat Logs may contain AI-generated content, which may be incomplete, inaccurate, outdated, or misinterpreted.
Umifly shall not be liable for:
-
reliance on Chat Logs;
-
errors, omissions, or inconsistencies within Chat Logs;
-
decisions, actions, or outcomes derived from Chat Log content;
-
the absence, deletion, or unavailability of Chat Logs after the retention period.
23. Suspension & Termination
23.1 Right to Suspend Access
Umifly reserves the right, at its sole discretion, to temporarily suspend a User’s access to the Service where there is reasonable suspicion of misuse, abuse, or violation of these Terms.
Suspension may be applied without prior notice and includes, but is not limited to, cases involving:
-
spam behavior or excessive messaging outside fair use;
-
attempts to manipulate, overload, or disrupt the Service;
-
use of the Service for unlawful, harmful, misleading, or abusive purposes;
-
repeated submission of substantially similar or irrelevant requests;
-
violation of defined service scope or acceptable use policies.
Temporary suspensions may range from minutes to longer periods, depending on the nature and frequency of the behavior.
23.2 Automated and Preventative Measures
Suspensions may be applied through automated systems designed to protect service stability, availability, and quality for all Users.
Such suspensions are preventative and protective measures and shall not be considered:
-
a termination of the Service;
-
a breach of contract by Umifly; or
-
an admission of fault or liability.
23.3 Right to Terminate Access
Umifly reserves the right to permanently terminate a User’s access to the Service where:
-
misuse or abuse is repeated after prior suspension(s);
-
the User engages in serious or intentional violations of these Terms;
-
continued access poses risk to system integrity, other Users, or Umifly’s operations;
-
the User attempts to circumvent technical restrictions or safeguards.
Termination may be applied with immediate effect, without prior notice, and without obligation to provide justification beyond reference to these Terms.
23.4 Effect of Suspension or Termination
In the event of suspension or termination:
-
the User’s access to the WhatsApp-based Service may be restricted or revoked;
-
any remaining service period may expire without compensation;
-
no refunds, credits, or extensions shall be owed, unless explicitly required by mandatory law.
Suspension or termination shall not affect any provisions of these Terms that by their nature are intended to survive, including but not limited to disclaimers, liability limitations, and governing law clauses.
23.5 No Liability
Umifly shall not be liable for any loss, inconvenience, damages, or consequences arising from suspension or termination of access, including but not limited to missed guidance, incomplete interactions, or inability to use the Service during such period.
Data Usage, Analytics & Marketing Communications
24.1 Use of Data for Business, Analytics & Improvement
By accepting these Terms and using the Service, the User expressly acknowledges and agrees that Umifly may use collected Data, in anonymized, aggregated, or pseudonymized form, for the following purposes:
-
internal analytics and performance monitoring;
-
service optimization, training, and improvement of AI-driven responses;
-
product development, research, and quality assurance;
-
business intelligence and operational planning.
Such use shall not involve the disclosure of directly identifiable personal data unless legally permitted.
24.2 Sharing with Third Parties
Umifly reserves the right to share Data with selected third parties, including technology providers, analytics partners, hosting providers, and business partners, solely to the extent necessary for:
-
operation, maintenance, and scaling of the Service;
-
analytics, benchmarking, and performance evaluation;
-
marketing, growth, and commercial analysis.
Where required by applicable law, such Data shall be shared in anonymized or aggregated form and subject to appropriate contractual safeguards.
Umifly shall not sell personal data in a manner that violates applicable data protection laws.
24.3 Marketing & Communication Consent
By accepting these Terms, the User grants Umifly the right to send communications related to:
-
the Service and its functionality;
-
product updates, improvements, and new features;
-
service-related announcements and operational messages;
-
marketing, promotional, and informational content.
Such communications may be delivered via:
-
email;
-
WhatsApp or other messaging platforms;
-
other digital communication channels associated with the Service.
This consent is granted for an indefinite duration, unless and until the User explicitly withdraws consent.
24.4 Right to Opt-Out
The User may withdraw consent for marketing communications at any time by:
-
using an unsubscribe option where provided;
-
sending a clear opt-out request via the designated contact channels.
Withdrawal of marketing consent does not affect the User’s access to the core Service, unless such communications are strictly necessary for service operation or legal compliance.
24.5 Legal Basis
Processing of Data under this section is based on one or more of the following legal grounds:
-
User consent;
-
performance of a contract;
-
legitimate business interests of Umifly, provided such interests do not override User rights.
24.6 No Obligation to Notify Individually
Umifly is not required to notify Users individually of each instance of data usage, processing, or analytical application, provided such activities fall within the scope of these Terms and applicable law.
25. WhatsApp & Third-Party Data Sharing
25.1 Use of WhatsApp and Third-Party Platforms
The Service is provided primarily through WhatsApp and may rely on additional third-party platforms, infrastructure providers, APIs, or communication services (collectively, “Third-Party Platforms”), including but not limited to Meta Platforms, Inc. and its affiliates.
By using the Service, the User expressly acknowledges and agrees that:
-
communications are transmitted via Third-Party Platforms not owned or controlled by Umifly;
-
the availability, delivery, timing, and integrity of messages depend on such Third-Party Platforms;
-
Umifly has no control over the internal operations, policies, or technical behavior of these platforms.
25.2 Data Processing by Third Parties
Messages, metadata, and related communication data exchanged through WhatsApp or other Third-Party Platforms may be processed, stored, transmitted, or analyzed by such platforms in accordance with their own terms, policies, and privacy practices.
Umifly does not determine, modify, or assume responsibility for how Third-Party Platforms handle User data outside Umifly’s direct systems.
The User is solely responsible for reviewing and accepting the applicable terms and privacy policies of such Third-Party Platforms.
25.3 No Liability for Third-Party Actions
Umifly shall not be liable for any loss, damage, delay, data breach, service disruption, or unintended disclosure resulting from:
-
actions or omissions of WhatsApp, Meta, or any Third-Party Platform;
-
changes to third-party APIs, policies, pricing, or availability;
-
outages, suspensions, limitations, or restrictions imposed by third parties.
This includes, without limitation, message delivery failures, delayed responses, blocked accounts, or platform-level enforcement actions.
25.4 Data Sharing for Operational Purposes
To operate and maintain the Service, Umifly may share limited User data with Third-Party Platforms and service providers strictly for:
-
message delivery and communication;
-
system hosting, monitoring, and performance optimization;
-
security, fraud prevention, and abuse detection;
-
analytics and service improvement.
Such sharing shall occur only to the extent reasonably necessary and in compliance with applicable data protection laws.
25.5 No Guarantee of Confidentiality on Messaging Platforms
The User acknowledges that messaging platforms such as WhatsApp are not controlled by Umifly and that absolute confidentiality of communications cannot be guaranteed.
The User agrees not to transmit sensitive personal data, confidential documents, or legally critical information via the Service unless they accept the inherent risks of third-party messaging platforms.
25.6 Platform Dependency Disclaimer
The Service is inherently dependent on Third-Party Platforms. Any suspension, limitation, degradation, or termination of access imposed by such platforms may affect the Service without prior notice.
Such events shall not constitute a breach of contract by Umifly and do not give rise to any right to compensation, refund, or damages.
26. Privacy Policy Reference
26.1 Separate Privacy Policy
Umifly processes personal data in accordance with a separate Privacy Policy, which forms an integral part of the overall legal framework governing the Service.
The Privacy Policy is made available as a standalone document and describes, among other things:
-
what personal data is collected;
-
for what purposes such data is processed;
-
how long data is retained;
-
with whom data may be shared; and
-
the rights available to Users under applicable data protection laws.
26.2 Acknowledgement and Acceptance
By using the Service, the User explicitly acknowledges that they have reviewed, understood, and accepted the Privacy Policy, as published by Umifly at the time of use.
Continued use of the Service constitutes ongoing acceptance of the Privacy Policy, including any future updates or modifications, to the extent permitted by applicable law.
26.3 Legal Independence of Documents
The Privacy Policy is legally distinct from these Terms and Conditions and may be updated independently.
In the event of any inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall prevail with respect to matters relating specifically to data protection and privacy.
26.4 No Limitation of Third-Party Policies
The Privacy Policy applies solely to data processed by Umifly.
Data processed by third-party platforms (including but not limited to WhatsApp, Meta, hosting providers, analytics tools, or payment processors) remains subject to the respective privacy policies and terms of those third parties.
Umifly bears no responsibility for the privacy practices of such third parties.
26.5 User Responsibility
It is the User’s responsibility to review the Privacy Policy periodically and to remain informed of any changes.
If the User does not agree with the Privacy Policy or any updates thereto, they must immediately discontinue use of the Service.
Security & Data Breaches Disclaimer
27.1 Reasonable Security Measures
Umifly implements commercially reasonable technical and organizational measures aimed at supporting the confidentiality, integrity, and availability of data processed in connection with the Service.
Such measures may include access controls, monitoring mechanisms, and system safeguards that are generally consistent with industry standards applicable to digital, SaaS, and AI-based services.
The User expressly acknowledges that these measures are supportive in nature and do not constitute the provision of security services or a guarantee of data protection.
27.2 No Security Services Provided
The User acknowledges and agrees that Umifly is not a cybersecurity provider, security consultancy, data protection service, or secure data storage provider.
The Service is not designed, marketed, or intended to function as a secure communication environment, encrypted vault, compliance archive, or protected data repository.
No obligation, duty of care, or warranty equivalent to that of a security service provider is assumed or implied.
27.3 No Absolute Security Guarantee
The User acknowledges that no digital system, software, network, platform, or method of electronic transmission can be guaranteed to be completely secure.
Accordingly, Umifly does not and cannot guarantee absolute security of:
-
data,
-
communications,
-
systems,
-
AI-generated responses, or
-
service availability.
This includes, without limitation, protection against unauthorized access, data loss, interception, misuse, cyberattacks, malware, or system vulnerabilities.
27.4 Limitation of Liability for Security Incidents
To the maximum extent permitted by applicable law, Umifly shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to:
-
security breaches;
-
unauthorized access to data;
-
loss, alteration, or disclosure of information;
-
cyberattacks, malware, or hacking incidents; or
-
failures, vulnerabilities, or disruptions in third-party systems.
This limitation applies even if such incidents result from automated AI behavior, system errors, or unintended outputs.
27.5 Third-Party Infrastructure Dependency
The Service relies in whole or in part on third-party infrastructure and platforms, including but not limited to:
-
cloud hosting providers,
-
API services,
-
data processors, and
-
messaging platforms such as WhatsApp / Meta.
Umifly has no control over, and assumes no responsibility for, the security practices, vulnerabilities, or incidents affecting such third-party systems.
Any security incident originating from or involving third-party services shall not constitute a breach of Umifly’s obligations under these Terms.
27.6 User Responsibility for Account & Device Security
The User is solely responsible for:
-
maintaining the confidentiality of their access credentials;
-
securing their own devices, networks, and communication channels; and
-
preventing unauthorized access to their accounts or messages.
Umifly shall not be liable for any loss, damage, or security incident resulting from the User’s failure to maintain adequate security on their own systems or devices.
27.7 Informational Platform Limitation
The Service is provided solely as an informational and guidance-based digital platform.
Users are strongly advised not to share sensitive, confidential, personal, or legally critical information via the Service.
Any information shared by the User is provided at the User’s own risk.
27.8 Legal Limitation & Mandatory Law
Where applicable law imposes non-waivable data protection or security obligations, Umifly’s responsibility shall be limited strictly to the minimum extent required by such law.
Nothing in these Terms shall be interpreted as creating additional security guarantees beyond those legally required.
27.9 No Warranty or Representation
Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, without any warranty or representation regarding security, resilience, accuracy, or uninterrupted operation.
Limitation of Liability
28.1 General Limitation
To the maximum extent permitted by applicable law, Umifly, its founders, directors, employees, contractors, affiliates, licensors, and service providers shall not be liable for any damages arising out of or related to the use of, reliance on, or inability to use the Service.
This limitation applies regardless of the legal theory under which liability is asserted, including but not limited to contract, tort, negligence, strict liability, statutory liability, or otherwise.
28.2 Excluded Damages
Under no circumstances shall Umifly be liable for any:
-
indirect damages;
-
incidental damages;
-
consequential damages;
-
special damages;
-
punitive or exemplary damages;
-
loss of profits, revenue, savings, or business opportunities;
-
loss of data, content, or communications;
-
reputational harm;
-
emotional distress; or
-
costs incurred as a result of decisions made based on the Service.
This exclusion applies even if Umifly has been advised of the possibility of such damages.
28.3 Guidance & AI Output Disclaimer
The User expressly acknowledges that:
-
all guidance, AI-generated responses, recommendations, or examples are informational only;
-
outputs may be incomplete, inaccurate, outdated, or inappropriate for the User’s specific situation; and
-
the User remains fully responsible for verifying, validating, and deciding whether to act upon any information provided.
Umifly shall not be liable for any outcomes, losses, or consequences resulting from reliance on AI-generated content, even if such content is incorrect, misleading, or inconsistent with the User’s expectations.
28.4 Travel, Religious & Logistical Outcomes
Without limitation, Umifly shall not be liable for any issues, losses, or outcomes related to:
-
travel arrangements;
-
visas or immigration matters;
-
flights, hotels, transport, or accommodations;
-
Umrah performance or religious compliance;
-
scheduling, availability, pricing, or third-party services.
The Service does not replace professional, religious, legal, medical, financial, or travel advice.
28.5 Third-Party Platforms & Services
Umifly shall not be liable for any damage or loss arising from:
-
third-party platforms (including WhatsApp / Meta);
-
booking websites, airlines, hotels, or service providers;
-
payment processors or external tools;
-
downtime, API failures, policy changes, or service interruptions caused by third parties.
Any interaction with third-party services is solely between the User and the relevant third party.
28.6 Maximum Liability Cap
If, notwithstanding the foregoing, Umifly is found liable for any claim arising out of or related to the Service, Umifly’s total cumulative liability shall be strictly limited to the amount actually paid by the User for the Service during the twelve (12) months preceding the event giving rise to the claim, or USD 100, whichever is lower.
This limitation applies per claim and in the aggregate.
28.7 No Liability for AI Misuse or Misinterpretation
Umifly shall not be liable for any damage resulting from:
-
misuse of the Service;
-
interpretation errors by the User;
-
actions taken outside the defined scope of the Service;
-
outputs that fall outside these Terms, whether intentionally or unintentionally generated by the AI.
The User accepts full responsibility for how the Service is used.
28.8 Mandatory Law Exception
Nothing in this Article shall exclude or limit liability where such exclusion or limitation is prohibited by mandatory applicable law.
In such cases, Umifly’s liability shall be limited to the minimum extent required by law.
Exclusion of Indirect & Consequential Damages
29.1 Explicit Exclusion
To the maximum extent permitted by applicable law, Umifly shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to the Service, regardless of the cause or theory of liability.
This exclusion applies even if Umifly has been advised of the possibility of such damages and regardless of whether such damages were foreseeable.
29.2 Types of Excluded Damages
Without limitation, the excluded damages include, but are not limited to:
-
loss of profits, revenue, or anticipated savings;
-
loss of business, contracts, or commercial opportunities;
-
loss of goodwill or reputation;
-
loss, corruption, or unavailability of data or content;
-
costs of substitute services or solutions;
-
delays, missed opportunities, or inefficiencies;
-
personal inconvenience or emotional distress; and
-
any damages arising from decisions made by the User based on guidance or AI-generated output.
29.3 AI, Guidance & Reliance
The User expressly acknowledges that any reliance on AI-generated guidance, suggestions, examples, or informational responses is at the User’s sole discretion and risk.
Umifly shall not be liable for any indirect or consequential damages resulting from:
-
incorrect, incomplete, or outdated information;
-
misinterpretation of AI outputs;
-
actions taken based on guidance provided through the Service; or
-
outcomes that do not align with the User’s expectations or objectives.
29.4 Third-Party & Platform-Related Damages
Umifly shall not be liable for any indirect or consequential damages arising from:
-
the use of third-party platforms, including WhatsApp / Meta;
-
third-party services, websites, tools, or providers;
-
service interruptions, delays, or failures beyond Umifly’s control; or
-
changes in availability, pricing, or policies of external providers.
29.5 Survival of Exclusion
The exclusions set forth in this Article shall survive termination, suspension, or expiration of the Service and shall apply regardless of any alleged failure of essential purpose of any limited remedy.
29.6 Mandatory Law Exception
Nothing in this Article shall exclude or limit liability where such exclusion is prohibited by mandatory applicable law. In such cases, liability shall be limited to the minimum extent required by law.
Force Majeure
30.1 Definition of Force Majeure
Umifly shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from events or circumstances beyond its reasonable control (“Force Majeure Event”).
Force Majeure Events include, but are not limited to:
-
acts of God, natural disasters, earthquakes, floods, fires, pandemics, or epidemics;
-
war, armed conflict, terrorism, riots, civil unrest, or political instability;
-
governmental actions, regulations, laws, sanctions, embargoes, or restrictions;
-
failures or disruptions of telecommunications, internet, power supply, or data networks;
-
outages, limitations, or changes imposed by third-party platforms, including WhatsApp / Meta, hosting providers, cloud services, or API providers;
-
labor disputes, strikes, or workforce shortages;
-
cyber incidents, system-wide outages, or infrastructure failures not caused by Umifly’s willful misconduct; and
-
any other event that is unforeseeable, unavoidable, or beyond Umifly’s reasonable control.
30.2 Suspension of Obligations
During the occurrence of a Force Majeure Event, Umifly’s obligations under these Terms shall be suspended for the duration of the Force Majeure Event, without liability.
Umifly shall use commercially reasonable efforts to restore the Service once the Force Majeure Event has ceased or its effects have been mitigated.
30.3 No Breach or Liability
A Force Majeure Event shall not constitute a breach of these Terms, and Umifly shall not be held liable for any damage, loss, or inconvenience arising from such event, including but not limited to service unavailability, delays, or degraded performance.
30.4 No Compensation or Refund
The User acknowledges and agrees that no compensation, refund, service credit, or damages shall be owed by Umifly as a result of a Force Majeure Event.
30.5 User Acknowledgement
By using the Service, the User expressly acknowledges that the Service depends on external systems, platforms, infrastructure, and global conditions that may be affected by Force Majeure Events.
The User accepts the inherent risk associated with such dependencies.
30.6 Mandatory Law Exception
Nothing in this Article shall exclude or limit rights or obligations that cannot be excluded or limited under mandatory applicable law. In such cases, Umifly’s obligations shall be limited to the minimum extent required by law.
-
Indemnification (User Indemnity)
31.1 User Indemnification Obligation
The User agrees to fully indemnify, defend, and hold harmless Umifly, including its founders, operators, affiliates, partners, contractors, licensors, and service providers, from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
-
the User’s use of the Service;
-
reliance on any information, guidance, suggestions, or AI-generated output provided through the Service;
-
decisions, actions, or omissions taken by the User based on the Service;
-
violation of these Terms by the User;
-
misuse, abuse, or improper use of the Service;
-
breach of applicable laws or regulations by the User; or
-
disputes, claims, or conflicts involving third parties arising from the User’s conduct or decisions.
31.2 Indemnification for Third-Party Claims
The indemnification obligation includes, without limitation, claims brought by third parties relating to:
-
travel arrangements, bookings, cancellations, or reservations;
-
visa applications, immigration decisions, or border control outcomes;
-
hotel, airline, transport, or accommodation issues;
-
religious, logistical, financial, or personal decisions made by the User;
-
reliance on third-party platforms, providers, or services referenced by the Service; and
-
any alleged losses, damages, or dissatisfaction connected to the User’s Umrah journey or travel experience.
31.3 AI-Related Indemnification
The User expressly agrees to indemnify Umifly against any claims arising from:
-
inaccuracies, incompleteness, or errors in AI-generated responses;
-
outdated or changed information;
-
misinterpretation of AI outputs by the User;
-
AI responses that exceed, contradict, or fall outside the defined scope of the Service; and
-
any use of AI-generated content contrary to these Terms.
This indemnification applies even if the AI response is alleged to be incorrect, misleading, incomplete, or unsuitable for the User’s specific situation.
31.4 No Assumption of User Risk by Umifly
Umifly does not assume any risk, responsibility, or liability for outcomes resulting from the User’s decisions.
All risks associated with the use of the Service remain solely with the User.
31.5 Defense and Control of Claims
Umifly reserves the right, at its sole discretion, to assume control of the defense of any claim subject to indemnification under this Article, without waiving the User’s indemnification obligations.
The User agrees to cooperate fully with Umifly in the defense of such claims.
31.6 Survival
The obligations under this Article shall survive termination, suspension, or expiration of the Service and these Terms.
Severability
32.1 Partial Invalidity
If any provision of these Terms is determined to be invalid, illegal, or unenforceable under applicable law by a court or competent authority, such provision shall be deemed severed from these Terms to the minimum extent necessary.
32.2 Continued Validity of Remaining Provisions
The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.
32.3 Replacement with Valid Provision
Where possible, any invalid or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely reflects the original intent, purpose, and economic effect of the severed provision.
32.4 No Waiver
The severance of any provision shall not constitute a waiver of any rights or obligations under these Terms.
Amendments to the Terms
33.1 Right to Amend
Umifly reserves the right, at its sole discretion, to amend, modify, update, or replace these Terms and Conditions at any time, including after a User has previously accepted an earlier version of the Terms.
33.2 Continued Use Constitutes Acceptance
Any amendments to the Terms shall become effective upon publication or notification through the Service, website, or other reasonable means.
The User’s continued access to or use of the Service after such amendments constitutes full and unconditional acceptance of the updated Terms, regardless of whether the User has explicitly reviewed them.
33.3 No Retroactive Consent Required
The User expressly acknowledges and agrees that renewed or explicit consent is not required for amended Terms to become binding, provided the User continues to use the Service after the amendments take effect.
33.4 User Responsibility to Review
It is the User’s sole responsibility to periodically review the most current version of the Terms. Failure to review updated Terms does not limit their applicability or enforceability.
33.5 Superseding Effect
Any amended version of these Terms shall automatically supersede all prior versions, agreements, representations, or understandings, whether written or oral, relating to the Service.
Governing Law
34.1 Applicable Law
These Terms and Conditions, and any dispute, claim, or obligation arising out of or in connection with the Service, the Platform, or the use thereof, shall be governed by and construed exclusively in accordance with the laws of the Netherlands, without regard to any conflict-of-law principles that would result in the application of the laws of another jurisdiction.
34.2 International Applicability
The applicability of Dutch law shall remain in effect regardless of the User’s country of residence, location, nationality, or place of access to the Service.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.
34.3 Mandatory Local Law Exception
If mandatory provisions of applicable consumer protection law in the User’s country of residence require the application of local law, such provisions shall apply solely to the minimum extent required by law and shall not affect the validity or enforceability of the remaining provisions of these Terms.
Jurisdiction
35.1 Exclusive Jurisdiction
To the maximum extent permitted by applicable law, all disputes, claims, actions, or proceedings arising out of or relating to these Terms and Conditions, the Service, the Platform, or the use thereof shall be submitted exclusively to the competent courts of the Netherlands.
35.2 Venue
Unless mandatory law provides otherwise, the court having jurisdiction in the district where Umifly is legally established shall have exclusive jurisdiction over any dispute.
35.3 International Users
The User expressly agrees that:
-
the Dutch courts shall have jurisdiction regardless of the User’s country of residence, nationality, or place of access to the Service; and
-
the initiation of proceedings in any other jurisdiction is expressly waived, except where such waiver is prohibited by mandatory law.
35.4 Mandatory Consumer Law Exception
If the User qualifies as a consumer and mandatory consumer protection laws of the User’s country of residence require disputes to be brought before a local court, such provisions shall apply only to the extent strictly required by law, without affecting the validity of this jurisdiction clause for all other purposes.
Language Clause
36.1 Governing Language
These Terms and Conditions are originally drafted in the English language.
The English version shall be the sole governing and legally binding version of these Terms.
36.2 Translations for Convenience Only
Any translations of these Terms into other languages are provided for convenience purposes only and shall not have legal force or effect.
In the event of any discrepancy, inconsistency, or conflict between the English version and any translated version, the English version shall prevail.
36.3 Interpretation
All interpretations, explanations, and legal assessments of these Terms shall be based exclusively on the English text.
The User expressly acknowledges and agrees that reliance on translated versions is at the User’s own risk.
Contact Information
37.1 Service Provider Details
For any questions, notices, complaints, or communications regarding these Terms and Conditions or the Service, the User may contact Umifly using the contact details provided below.
37.2 Official Communication Channels
Umifly may be contacted exclusively through the following official channels:
-
Email: support@umifly.com
-
Website: https://www.umifly.com
-
WhatsApp (Service Channel): Available via the official Umifly WhatsApp number used to deliver the Service
37.3 No Informal or Third-Party Communication
Communications sent through unofficial channels, personal accounts, social media platforms, or third-party intermediaries shall not be considered valid or legally binding communications to Umifly.
37.4 Updates to Contact Information
Umifly reserves the right to update or change its contact details from time to time. Any such changes shall become effective upon publication on the Website or within the Service, without requiring individual notice to Users.
Religious & Cultural Sensitivity Disclaimer
38.1 No Religious Authority or Fiqh Provider
Umifly is not a religious authority, scholar, mufti, imam, or fiqh institution.
The Service does not provide religious rulings (fatwa), binding Islamic judgments, or authoritative interpretations of Islamic law (fiqh).
Any information related to Umrah, rituals, customs, or religious practices is provided solely for general informational and practical guidance purposes.
38.2 No Religious Decision-Making
The Service does not make, and cannot make, religious decisions on behalf of the User.
All religious decisions — including but not limited to the validity, correctness, acceptance, or method of performing Umrah or related acts of worship — remain entirely and exclusively the responsibility of the User.
Users are encouraged to consult qualified religious scholars or trusted religious authorities for any religious, theological, or jurisprudential questions.
38.3 Informational & Practical Context Only
Any references within the Service to:
-
Umrah steps,
-
religious etiquette,
-
cultural practices,
-
commonly observed rituals, or
-
general customs in Makkah, Madinah, or surrounding regions
are provided in a descriptive, non-prescriptive, and non-binding manner, intended to support practical orientation only.
Such information should not be interpreted as religious endorsement, obligation, or authoritative instruction.
38.4 Cultural Sensitivity Without Guarantee
While Umifly strives to present culturally respectful and sensitive information, Umifly makes no guarantee that all content will align with the User’s personal beliefs, religious school of thought (madhhab), cultural background, or expectations.
Differences in interpretation, practice, and opinion are inherent and unavoidable.
38.5 Limitation of Liability
To the maximum extent permitted by applicable law, Umifly shall not be liable for:
-
religious misunderstandings;
-
incorrect religious application by the User;
-
dissatisfaction with religious or cultural guidance;
-
differing interpretations of rituals or practices; or
-
any spiritual, religious, or personal outcomes related to acts of worship.
The User remains fully responsible for ensuring that their religious practices align with their own beliefs, knowledge, and consulted authorities.
No Medical, Legal, or Financial Advice
39.1 No Professional Advice
The Service does not provide medical, legal, financial, insurance, tax, or other professional advice of any kind.
Any information, guidance, suggestions, or responses provided through the Service — including via AI-generated messages — are offered solely for general informational and orientation purposes and must not be relied upon as professional advice.
39.2 Medical Disclaimer
Umifly does not provide medical advice, diagnosis, treatment, or health-related recommendations.
Users must always consult a qualified healthcare professional for any medical questions, conditions, symptoms, medications, vaccinations, physical fitness, or health-related decisions.
Use of the Service shall not replace professional medical consultation.
39.3 Legal Disclaimer
Umifly does not provide legal advice or legal representation.
Any references to laws, regulations, visa processes, contractual matters, consumer rights, or legal concepts are non-authoritative and non-binding.
Users are solely responsible for verifying legal requirements and should consult a qualified legal professional where appropriate.
39.4 Financial & Cost Disclaimer
Umifly does not provide financial advice, investment advice, pricing guarantees, or cost optimization guarantees.
Any cost-related references, comparisons, estimates, or illustrative savings — including references to potential differences between independent travel and agency-based travel — are indicative only and do not constitute financial advice, guarantees, or commitments.
All financial decisions remain the sole responsibility of the User.
39.5 No Reliance
The User explicitly acknowledges and agrees that:
-
they do not rely on the Service as a substitute for professional advice;
-
any actions taken based on information provided by the Service are undertaken entirely at their own risk; and
-
Umifly shall not be responsible for outcomes resulting from reliance on such information.
39.6 Limitation of Liability
To the maximum extent permitted by applicable law, Umifly shall not be liable for any loss, damage, cost, injury, or consequence arising from:
-
medical decisions;
-
legal interpretations;
-
financial choices;
-
missed opportunities; or
-
reliance on information provided through the Service.
The Service is provided on an “as is” and “as available” basis, without warranties of any kind.
User Acknowledgement
40.1 Explicit Acknowledgement
By accessing or using the Service, the User explicitly acknowledges, understands, and agrees that:
-
the Service is provided solely for informational and guidance purposes;
-
Umifly is not a travel agency, booking platform, religious authority, medical provider, legal advisor, or financial advisor;
-
all outputs generated by the Service, including AI-generated responses, are non-binding, non-authoritative, and may be incomplete, inaccurate, or outdated.
40.2 Acceptance of Limitations
The User confirms that they fully understand and accept the inherent limitations of an AI-driven, automated guidance service, including but not limited to:
-
the absence of human judgment or discretion;
-
the possibility of errors, omissions, or misunderstandings;
-
dependency on third-party platforms, data sources, and infrastructure.
40.3 Assumption of Responsibility
The User expressly agrees that:
-
all decisions, actions, bookings, purchases, and travel-related arrangements are made solely at their own discretion and risk;
-
Umifly does not make decisions on behalf of the User and does not execute actions for the User;
-
the User remains fully responsible for verifying information and ensuring compliance with applicable laws, regulations, health requirements, and religious obligations.
40.4 Waiver of Claims
To the maximum extent permitted by applicable law, the User irrevocably waives any right to bring claims, complaints, disputes, or legal actions against Umifly arising from:
-
reliance on information or guidance provided by the Service;
-
outcomes of travel, Umrah performance, bookings, or third-party services;
-
inaccuracies, delays, or service limitations inherent to automated systems.
40.5 Binding Effect
The User acknowledges that continued use of the Service constitutes ongoing acceptance of these Terms and Conditions, including this User Acknowledgement, regardless of whether the User has reviewed each provision individually.
Cybersecurity, Malicious Acts & Prohibited Activities Disclaimer
41.1 No Liability for Cyberattacks or Malicious Acts
To the maximum extent permitted by applicable law, Umifly shall not be held liable for any damage, loss, disruption, or consequences arising from or related to:
-
cyberattacks, hacking attempts, malware, ransomware, phishing, or unauthorized system access;
-
data manipulation, data corruption, data interception, or data theft;
-
denial-of-service attacks (DDoS), system overloads, or service interruptions;
-
technical sabotage, exploitation of vulnerabilities, or security breaches.
The User expressly acknowledges that such events may occur despite reasonable safeguards and accepts all associated risks.
41.2 Terrorism, Violence & Extremism Disclaimer
Umifly explicitly condemns and distances itself from any form of:
-
terrorism, extremist ideology, or terrorist-related activities;
-
incitement to violence, hatred, or harm against individuals or groups;
-
illegal, radical, or unlawful conduct of any nature.
The Service is not designed, intended, or permitted to support, promote, facilitate, or endorse such activities in any manner.
Any use of the Service for such purposes constitutes a material breach of these Terms.
41.3 No Responsibility for Third-Party or User Conduct
Umifly shall not be responsible or liable for:
-
actions, behavior, or communications initiated by Users;
-
misuse of information generated by the Service;
-
actions taken by third parties, including criminal organizations, malicious actors, or state or non-state entities.
The User acknowledges that any misuse of the Service by themselves or others is outside the control and responsibility of Umifly.
41.4 Prohibited Use & Immediate Measures
The User is strictly prohibited from using the Service to:
-
plan, coordinate, encourage, or simulate illegal acts, cybercrime, violence, or terrorism;
-
attempt to bypass safeguards, manipulate AI outputs, or exploit system vulnerabilities;
-
disseminate unlawful, harmful, extremist, or malicious content.
Umifly reserves the right, at its sole discretion and without prior notice, to:
-
immediately suspend or terminate access to the Service;
-
restrict functionality;
-
cooperate with competent authorities where legally required.
41.5 Force Majeure & Extraordinary Events
Events including but not limited to cyberwarfare, terrorist attacks, civil unrest, armed conflict, large-scale infrastructure failures, or governmental intervention shall be considered force majeure events.
Umifly shall bear no liability for any failure or delay in performance resulting from such extraordinary circumstances.
41.6 Disclaimer of Endorsement
Under no circumstances shall Umifly be deemed to endorse, approve, encourage, or legitimize:
-
criminal activity;
-
cybercrime;
-
violence or terrorism; or
-
unlawful or harmful conduct.
Any such interpretation is explicitly rejected.
Reputational Harm, Abuse, Enforcement & Cost Recovery
42.1 Reputational Damage & Unlawful Conduct
The User acknowledges that any action, conduct, communication, or misuse of the Service that causes or may cause reputational harm, financial damage, legal exposure, or operational disruption to Umifly constitutes a serious and material breach of these Terms.
Reputational harm includes, but is not limited to:
-
public or private statements, publications, reviews, or communications that are false, misleading, defamatory, or malicious;
-
misuse of the Service in connection with cybercrime, malicious acts, manipulation, or unlawful activity;
-
impersonation, misrepresentation, or unauthorized association with Umifly;
-
distribution, reproduction, or alteration of Umifly content, outputs, branding, or systems in a harmful or deceptive manner.
42.2 Continuing Use, Copies & Derivative Misuse
Any unauthorized use, continued use, replication, copying, mirroring, redistribution, or derivative exploitation of the Service, its outputs, systems, logic, or communications — including screenshots, recordings, exports, or automated harvesting — shall be deemed an ongoing violation for as long as such use persists.
Each day such violation continues may be treated as a separate and cumulative breach.
42.3 Financial Compensation & Penalty Obligation
To the maximum extent permitted by applicable law, the User agrees that Umifly shall be entitled to:
-
claim full compensation for all direct and indirect damages suffered;
-
impose a reasonable contractual penalty for reputational harm and operational disruption;
-
recover all costs incurred as a result of the breach.
Such compensation may include, without limitation:
-
legal fees (including attorneys, advisors, and experts);
-
investigation, remediation, cybersecurity, and monitoring costs;
-
public relations, reputation repair, and brand protection expenses;
-
regulatory, compliance, or enforcement-related costs.
42.4 Enforcement Rights & Immediate Remedies
In the event of breach, suspected breach, or ongoing misuse, Umifly reserves the right to immediately and without prior notice:
-
suspend or permanently terminate access to the Service;
-
disable accounts, identifiers, or technical access points;
-
block communications and integrations;
-
activate all available contractual, technical, and legal enforcement measures.
Such actions shall not constitute a waiver of any other rights or remedies.
42.5 Recovery, Set-Off & Legal Action
Umifly shall have the right to:
-
recover damages through legal proceedings;
-
offset any outstanding compensation against amounts paid or payable by the User;
-
pursue injunctive relief to immediately stop unlawful or harmful conduct;
-
claim statutory, contractual, and additional damages where permitted by law.
The User expressly agrees that Umifly may pursue enforcement in any competent jurisdiction where damage occurs or effects are felt.
42.6 No Limitation by Other Disclaimers
The rights set forth in this Article apply in addition to, and not in limitation of, other provisions relating to cybersecurity, malicious acts, acceptable use, liability, indemnification, or termination.
Any breach involving cybercrime, malicious activity, or reputational harm shall be deemed a severe breach, justifying maximum enforcement.
42.7 Survival
This Article shall survive termination or expiration of the Service and shall remain fully enforceable for as long as the effects of the breach continue or damages remain unresolved.
43. Right to Use Customer Data for Marketing Purposes
By accepting these Terms and Conditions, the User explicitly grants Umifly the right to collect, process, store, analyze, and use User data for marketing, communication, and commercial purposes, to the maximum extent permitted by applicable law.
This right includes, without limitation, the use of Customer Data for:
-
marketing and promotional communications;
-
service updates, feature announcements, and product information;
-
commercial offers, campaigns, and informational messaging;
-
analytics, performance measurement, and business development;
-
internal optimization and strategic planning.
Marketing communications may be delivered via, but are not limited to:
-
email;
-
WhatsApp or other messaging platforms;
-
digital notifications;
-
any communication channel provided or authorized by the User.
The User acknowledges and agrees that:
(a) acceptance of these Terms constitutes explicit and informed consent to receive marketing and promotional communications;
(b) such communications may continue for an indefinite period, unless and until the User lawfully withdraws consent where required by applicable law;
(c) Umifly is not required to request separate consent for each individual marketing message; and
(d) the use of Customer Data for marketing purposes does not entitle the User to any compensation or financial consideration.
Where applicable law requires opt-out or withdrawal mechanisms, such rights shall be governed exclusively by Umifly’s Privacy Policy. Withdrawal of consent shall not affect:
-
the lawfulness of data processing prior to withdrawal; or
-
Umifly’s right to continue processing data where permitted by law on other legal grounds.
Umifly reserves the right to continue sending service-related, operational, or legally required communications regardless of any marketing opt-out, where such communications are necessary for the operation, security, or integrity of the Service.
44. Waiver of Legal Action & Allocation of Legal Costs
By accepting these Terms and Conditions, the User explicitly, knowingly, and irrevocably agrees to the following:
44.1 Waiver of Right to Initiate Legal Proceedings
To the maximum extent permitted by applicable law, the User expressly waives any right to initiate, file, commence, or participate in any legal action, lawsuit, claim, arbitration, mediation, class action, collective action, or other legal or quasi-legal proceeding against Umifly, its owners, directors, employees, contractors, affiliates, or partners, arising out of or in connection with:
-
the Service;
-
the use or inability to use the Service;
-
any information, guidance, or output provided by the AI;
-
these Terms and Conditions; or
-
any related policies, communications, or representations.
This waiver applies regardless of whether such claims are based on contract, tort, negligence, strict liability, statutory law, or any other legal theory.
44.2 Cost Allocation in the Event of Legal Proceedings
In the event that, notwithstanding the foregoing waiver, any legal action, dispute, claim, or proceeding is initiated by the User against Umifly (or vice versa), the User agrees that:
(a) all legal costs and expenses shall be borne exclusively by the User, including but not limited to:
-
attorneys’ fees;
-
court fees;
-
arbitration or mediation costs;
-
expert fees;
-
administrative and enforcement costs; and
-
any related legal or procedural expenses;
(b) this obligation applies irrespective of the outcome of such proceedings, including where:
-
the User prevails in whole or in part;
-
Umifly prevails in whole or in part; or
-
the matter is settled, dismissed, or withdrawn;
(c) the User shall indemnify and reimburse Umifly for any legal costs incurred as a result of such proceedings, upon first written demand.
44.3 Mutual Proceedings
Where both parties initiate or pursue legal action against one another, the User agrees that:
-
each party shall bear its own costs only to the extent required by mandatory law; and
-
any remaining or recoverable costs attributable to the dispute shall be allocated to the User to the maximum extent permitted by applicable law.
44.4 Mandatory Legal Limitations
Nothing in this Article 44 shall exclude or limit rights or obligations that cannot be waived or restricted under mandatory applicable law. Where such mandatory provisions apply, this Article shall be enforced to the fullest extent permissible, and any unenforceable portion shall be deemed modified to the minimum extent necessary to achieve enforceability.
44.5 Survival
This Article shall survive termination, suspension, expiration, or completion of the Service and shall remain binding indefinitely.
Authoritative Record, Printed Version & Version Control
45.1 Authoritative Printed Version
For purposes of legal certainty, evidentiary integrity, and protection against manipulation, cyber incidents, or unauthorized alterations, the User expressly acknowledges and agrees that:
The printed and dated hard-copy version of Umifly’s Terms and Conditions, bearing the corresponding version date and internal authorization, shall constitute the authoritative, binding, and controlling version of these Terms for all legal, contractual, and evidentiary purposes.
Such printed version shall prevail over:
-
any digital, online, cached, mirrored, or locally stored version;
-
any version accessed via website, application, messaging platform, or third-party service; and
-
any version that may have been altered, corrupted, manipulated, or rendered inaccurate due to technical or external factors.
45.2 Protection Against Digital Manipulation & Cyber Incidents
The User expressly acknowledges that digital environments are inherently susceptible to:
-
cyberattacks;
-
hacking;
-
data manipulation;
-
unauthorized access;
-
system failures;
-
malware; and
-
third-party platform vulnerabilities.
Accordingly, Umifly adopts a physical record-keeping safeguard, whereby the Terms and Conditions are:
-
printed;
-
dated;
-
archived; and
-
preserved in physical form,
for the purpose of ensuring legal certainty and preventing disputes arising from alleged digital alterations.
45.3 Version Archiving & Historical Record
Upon any amendment, modification, or update to the Terms and Conditions:
-
the updated version shall be printed, dated, and archived; and
-
the prior version(s) shall be retained in physical archive form.
Each archived version shall remain identifiable by its version number and effective date, forming a complete and traceable historical record of the Terms.
Such archived versions may be used as conclusive evidence of the applicable Terms at any given time.
45.4 Evidentiary Value & Legal Use
The User agrees that:
-
the printed and archived version of the Terms shall be admissible as primary and conclusive evidence in any legal, administrative, or dispute-resolution proceeding;
-
no claim shall be based solely on discrepancies between digital and printed versions; and
-
Umifly shall not be required to prove the integrity of any digital version where a printed version exists.
45.5 Burden of Proof
In the event of any dispute regarding the content, wording, validity, or applicability of these Terms:
-
the burden of proof shall rest with the User to demonstrate that the printed version is inaccurate or invalid; and
-
absent clear and compelling evidence to the contrary, the printed version shall be deemed correct and binding.
45.6 Survival & Enforceability
This Article shall:
-
survive termination or expiration of the Service;
-
remain enforceable indefinitely; and
-
apply irrespective of the method by which the User accessed or accepted the Terms.
Customer Evidence Retention & Legal Validity Limitation
46.1 Limited Evidence Retention Period
Any chat conversations, messages, logs, screenshots, transcripts, or other materials provided to or generated by the Service (“Customer Evidence”) are made available to the User for a maximum period of three (3) calendar days following the date of delivery, access, or generation.
After this three-day period, such Customer Evidence shall be deemed expired, invalid, and legally non-actionable, regardless of whether the User has accessed, saved, reviewed, or acknowledged such information.
46.2 User Obligation to Preserve Evidence
The User is solely responsible for:
-
saving, exporting, or securely storing any information, messages, or materials they consider relevant; and
-
ensuring preservation of such materials within the applicable three-day retention window.
Umifly has no obligation to retain, restore, retrieve, reproduce, or validate any Customer Evidence after the expiration of the retention period.
46.3 Legal Invalidity After Retention Period
Upon expiration of the three-day retention period:
-
Customer Evidence shall not be admissible as proof in any legal, administrative, or evidentiary proceeding;
-
no claims, disputes, complaints, or legal actions may be initiated or supported using such expired materials; and
-
the User expressly waives any right to rely on expired Customer Evidence for any purpose whatsoever.
46.4 No Duty to Preserve or Archive
The User acknowledges and agrees that:
-
the Service is not designed or intended to function as an archival, record-keeping, evidentiary, or legal documentation system; and
-
Umifly does not act as a custodian of records, evidence holder, or legal intermediary.
Any failure by the User to preserve Customer Evidence within the permitted timeframe shall be at the User’s sole risk and responsibility.
46.5 Finality & Waiver of Claims
By using the Service, the User irrevocably agrees that:
-
the expiration of the three-day retention period constitutes final and binding closure of any evidentiary reliance; and
-
Umifly shall bear no liability, under any circumstances, for claims arising from lost, expired, deleted, or unavailable Customer Evidence.
47. Structure, Headings & Interpretation Safeguard
The User expressly acknowledges and agrees that:
-
Headings, titles, numbering, and the structural placement of sections within these Terms and Conditions are included for convenience and readability only and shall not affect the legal meaning, interpretation, validity, or enforceability of any provision.
-
The order, grouping, or positioning of clauses—including instances where certain provisions may appear earlier or later than expected—does not invalidate, weaken, limit, or negate the legal force of any individual clause or the Terms as a whole.
-
Each provision of these Terms shall be interpreted independently and cumulatively, and no clause shall be deemed unenforceable solely due to its placement, heading, or sequence within the document.
-
In the event of any ambiguity, inconsistency, or perceived structural irregularity, the substantive intent, scope, and protective purpose of the provision shall prevail over form or layout considerations.
-
The User waives any right to challenge the applicability, enforceability, or legal effect of these Terms based on structure, formatting, numbering, or organization of clauses.
-
These Terms shall remain fully binding, valid, and enforceable in their entirety, notwithstanding any argument relating to document structure, presentation, or clause order.
Entire Agreement
48.1 Entire Agreement
These Terms and Conditions constitute the entire and exclusive agreement between the User and Umifly with respect to the use of the Service and supersede all prior or contemporaneous agreements, communications, representations, or understandings, whether written, oral, electronic, automated, or implied.
This includes, without limitation, any statements, responses, outputs, messages, or guidance provided through:
-
the WhatsApp-based AI assistant;
-
automated chat interactions;
-
email communications;
-
marketing materials;
-
website content; or
-
any other informal or non-contractual communication channels.
48.2 No Reliance on External Communications
The User expressly acknowledges and agrees that they have not relied on any statement, promise, assurance, representation, or warranty other than those expressly set forth in these Terms.
Any information, suggestions, or outputs generated by the AI, including via WhatsApp or other automated systems, are non-binding, informational only, and shall not modify, supplement, or override these Terms under any circumstances.
48.3 Exclusion of Chat, AI & Informal Statements
No chat message, AI-generated response, conversation history, email, screenshot, recording, or informal statement—whether generated automatically or communicated by Umifly—shall be deemed to:
-
form part of this agreement;
-
constitute a contractual obligation;
-
create any legally binding commitment; or
-
give rise to any rights or claims beyond those explicitly stated in these Terms.
Statements such as, but not limited to,
“the AI said…”,
“the chatbot confirmed…”, or
“a message indicated…”
shall have no legal force or effect.
48.4 Modification Only by Written Terms
No amendment, variation, waiver, or modification of these Terms shall be valid unless:
-
made in writing;
-
explicitly stated as an amendment to these Terms; and
-
formally published or issued by Umifly.
Automated outputs, AI responses, customer interactions, or support communications can never amend or replace these Terms.
48.5 Precedence of These Terms
In the event of any inconsistency or conflict between these Terms and any other communication, document, or representation, these Terms shall prevail at all times.
48.6 User Acknowledgement
By using the Service, the User explicitly acknowledges that:
-
only these Terms govern the legal relationship with Umifly; and
-
no external communication, including AI-generated content, can be used to assert legal claims or obligations.
No Reliance Disclaimer
49.1 No Reliance on AI Output or Guidance
The User expressly acknowledges and agrees that they do not rely, and shall not rely, solely or primarily on any information, guidance, suggestions, recommendations, or outputs generated by the Service, including but not limited to AI-generated responses delivered via WhatsApp or other automated channels.
All outputs provided by Umifly are intended to serve solely as general informational and guidance-based support, and are not a substitute for independent judgment, verification, or professional advice.
49.2 Independent Verification Obligation
The User remains fully and exclusively responsible for:
-
independently verifying all information received;
-
assessing the suitability, accuracy, and relevance of any guidance;
-
making their own decisions regarding travel, planning, logistics, bookings, timing, costs, and personal actions.
Umifly does not assume, and expressly disclaims, any responsibility for decisions made by the User based on the Service.
49.3 No Assumption of Risk by Umifly
Any reliance by the User on information, guidance, or AI-generated outputs occurs entirely at the User’s own risk.
Umifly shall not be held liable for any consequences, losses, damages, costs, or outcomes—direct or indirect—arising from the User’s reliance on:
-
AI responses;
-
automated recommendations;
-
example scenarios;
-
indicative comparisons; or
-
non-binding guidance.
49.4 Explicit Waiver of Reliance-Based Claims
To the maximum extent permitted by applicable law, the User explicitly waives any right to assert claims, disputes, or legal actions against Umifly based on:
-
alleged reliance on AI output;
-
perceived expectations created by automated responses;
-
misunderstandings of informational guidance; or
-
assumptions derived from non-binding communications.
Statements such as “I relied on the advice,” “the AI told me,” or “the chatbot indicated” shall have no legal effect.
49.5 User Acknowledgement
By accepting these Terms and using the Service, the User confirms that:
-
they understand the limitations of AI-generated guidance;
-
they retain full autonomy and responsibility over all decisions; and
-
Umifly does not act as a decision-maker, advisor, or agent on their behalf.
Assignment & Transfer of Rights
50.1 Right to Assign or Transfer
Umifly reserves the unrestricted right to assign, transfer, novate, or otherwise dispose of these Terms, in whole or in part, without prior notice to or consent from the User.
This includes, but is not limited to, assignment or transfer in connection with:
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a sale of assets or business;
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a merger, acquisition, or consolidation;
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corporate restructuring or reorganization;
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transfer to an affiliate, parent company, or subsidiary; or
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any change in ownership or control.
50.2 Continuity of the Agreement
Any assignment or transfer of rights or obligations by Umifly shall not affect the validity, enforceability, or continuity of these Terms.
Upon such assignment or transfer, these Terms shall remain fully binding upon the User and shall automatically apply to the successor entity.
50.3 No User Assignment
The User may not assign, transfer, sublicense, or delegate any rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Umifly.
Any attempted assignment by the User in violation of this provision shall be null and void.
50.4 No Impact on User Rights
Any assignment or transfer by Umifly shall not reduce the User’s statutory rights under applicable mandatory law. All obligations expressly assumed by the successor entity shall continue to be governed by these Terms.
50.5 Binding Effect
These Terms shall be binding upon, and inure to the benefit of, Umifly and its respective successors, assigns, and permitted transferees.
Waiver of Class Actions
51.1 Individual Claims Only
To the maximum extent permitted by applicable law, the User agrees that any dispute, claim, or cause of action arising out of or relating to the Service, these Terms, or the relationship between the User and Umifly shall be brought solely on an individual basis, and not as a plaintiff or class member in any purported class, collective, representative, or group proceeding.
51.2 Waiver of Collective Proceedings
The User expressly waives any right to participate in:
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class actions;
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collective actions;
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representative actions;
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mass claims; or
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private attorney general actions,
whether in court, arbitration, administrative proceedings, or any other forum, to the fullest extent permitted by law.
51.3 No Consolidation of Claims
Unless expressly agreed otherwise by Umifly in writing, multiple Users’ claims may not be consolidated or joined together in a single proceeding, and each claim must be resolved separately.
51.4 Jurisdictional Limitations
Where applicable law does not permit a full waiver of class or collective actions, this provision shall apply to the maximum extent permitted, and any non-enforceable portion shall be severed without affecting the validity of the remaining Terms.
In such cases, the User agrees that any permissible collective action shall be limited strictly to the minimum scope required by law.
51.5 Acknowledgement of Impact
The User acknowledges and agrees that this waiver:
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limits the manner in which disputes may be resolved;
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reduces litigation complexity and costs for all parties; and
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is a material condition of access to and use of the Service.
51.6 Survival
This Waiver of Class Actions shall survive termination of the Service and remain enforceable indefinitely.
Limitation Period for Claims
52.1 Mandatory Claim Submission Period
To the maximum extent permitted by applicable law, any claim, complaint, dispute, or cause of action arising out of or relating to:
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the Service;
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these Terms and Conditions;
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the use of the AI-based guidance;
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WhatsApp communications;
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AI-generated output;
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third-party references; or
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the relationship between the User and Umifly,
must be submitted in writing to Umifly within sixty (60) calendar days from the date on which the User became aware, or reasonably should have become aware, of the facts or circumstances giving rise to such claim.
52.2 Absolute Time Bar
Any claim not submitted within the applicable limitation period shall be deemed permanently time-barred, and the User irrevocably waives any right to initiate, continue, or participate in:
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legal proceedings;
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arbitration;
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mediation;
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administrative actions; or
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any other form of dispute resolution,
in relation to such claim.
52.3 Scope of Application
This limitation period applies to all claims of any nature, including but not limited to:
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contractual claims;
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tort claims;
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statutory or regulatory claims;
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claims based on negligence or misrepresentation;
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claims based on reliance on AI-generated guidance;
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claims related to service availability, interruptions, or errors; and
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claims involving third-party platforms, providers, or services.
52.4 Jurisdictional Adjustment
If applicable law does not permit the enforcement of a sixty (60) day limitation period, the limitation period shall automatically be reduced or adjusted to the shortest period permitted by applicable law, without affecting the validity of the remaining provisions of these Terms.
52.5 Survival
This Limitation Period for Claims shall survive termination of the Service, deletion of Chat Logs, suspension of the User, and expiration of any package or access rights.
Evidence Priority Clause
53.1 Authoritative Records
To the maximum extent permitted by applicable law, the User expressly acknowledges and agrees that Umifly’s internal records shall constitute the primary, authoritative, and controlling evidence in any dispute, claim, inquiry, or legal proceeding relating to:
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the Service;
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the AI-generated guidance;
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WhatsApp-based communications;
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Chat Logs;
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system usage;
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access rights;
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service availability; or
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compliance with these Terms and Conditions.
Such records include, but are not limited to:
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system logs;
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server logs;
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interaction timestamps;
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AI processing records;
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access control records;
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suspension or restriction logs; and
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administrative or operational audit trails.
53.2 Supremacy Over User-Supplied Evidence
In the event of any conflict between:
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Umifly’s internal records; and
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any User-provided evidence, including but not limited to screenshots, exports, copies, recordings, or recollections,
Umifly’s records shall prevail, unless the User proves, with compelling and legally admissible evidence, that such records are materially inaccurate due to demonstrable technical failure attributable solely to Umifly.
53.3 No Reliance on Deleted or Expired Chat Logs
The User expressly agrees that:
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Chat Logs are retained for a limited period (as defined in these Terms);
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Chat Logs may be deleted, anonymized, or rendered inaccessible after the retention period; and
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no rights, claims, or evidentiary value may be derived from Chat Logs that are no longer retained.
The absence of Chat Logs after the retention period shall not be interpreted as evidence of wrongdoing, negligence, or non-compliance by Umifly.
53.4 Waiver of Evidentiary Challenges
The User irrevocably waives any right to:
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challenge the authenticity, integrity, or admissibility of Umifly’s records;
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demand reconstruction, recovery, or reproduction of deleted Chat Logs;
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assert adverse inferences based on log deletion in accordance with these Terms; or
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claim evidentiary disadvantage resulting from agreed retention limits.
53.5 Printed & Archived Records
Where applicable, Umifly may maintain printed, archived, or version-controlled records of:
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Terms and Conditions;
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system policies;
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operational procedures; and
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compliance documentation.
Such records, whether digital or printed, shall be deemed valid, authentic, and legally binding evidence, regardless of subsequent modifications or updates to the Service or platform.
53.6 Survival
This Evidence Priority Clause shall survive termination of the Service, deletion of User data, expiration of packages, suspension of access, and cessation of the business relationship.
Export Control & Sanctions Compliance
54.1 Compliance With Sanctions Laws
The User represents, warrants, and covenants that they:
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are not located in, ordinarily resident in, or operating from any country, territory, or region subject to comprehensive sanctions, embargoes, or restrictive measures imposed by applicable authorities, including but not limited to the United Nations, European Union, United States (OFAC), or United Kingdom; and
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are not listed on, owned or controlled by, or acting on behalf of any individual or entity designated on any applicable sanctions, denied party, or restricted persons list.
54.2 Prohibited Use
The User shall not use, access, or benefit from the Service:
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in violation of any applicable export control laws, sanctions regulations, or trade restrictions;
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for the benefit of any sanctioned person, entity, government, or organization;
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for purposes related to prohibited activities under international law; or
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in any manner that would cause Umifly to be in breach of applicable export control or sanctions regulations.
54.3 No Restricted End-Use
The User expressly confirms that the Service shall not be used for:
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military purposes;
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weapons development;
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intelligence gathering;
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surveillance or tracking of individuals;
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terrorist, extremist, or unlawful activities; or
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any other restricted or prohibited end-use under applicable export control or sanctions laws.
54.4 Ongoing Obligation
The User’s obligations under this clause are continuous.
The User must immediately cease use of the Service and notify Umifly if their status changes in a way that could result in non-compliance with export control or sanctions laws.
54.5 Right to Suspend or Terminate
Umifly reserves the right, without prior notice and without liability, to:
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suspend access to the Service;
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restrict functionality; or
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terminate the User’s access entirely,
where Umifly reasonably determines that continued use may violate, or expose Umifly to risk under, applicable export control or sanctions regulations.
54.6 Indemnification
The User agrees to fully indemnify, defend, and hold harmless Umifly from and against any claims, penalties, fines, losses, damages, or liabilities arising from the User’s breach of this clause or applicable export control and sanctions laws.
54.7 Survival
This clause shall survive termination of the Service and remain in full force and effect for all periods during which the User accessed or benefited from the Service.
Language & Translation Disclaimer (Authoritative English Version)
55.1 Authoritative Language
These Terms and Conditions are originally drafted in the English language.
The English version shall be the sole authoritative, controlling, and legally binding version of these Terms, regardless of any translations, summaries, explanations, or interpretations provided in any other language.
55.2 Translations Provided for Convenience Only
Any translations of these Terms, whether:
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generated automatically (including by AI systems),
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provided through the Service, WhatsApp, email, website interfaces, or third-party tools, or
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supplied manually or informally,
are provided for convenience purposes only and do not replace, modify, or supersede the English version.
55.3 AI-Generated & Automated Translation Disclaimer
The User expressly acknowledges and agrees that:
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translations may be generated or assisted by automated systems or artificial intelligence;
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such translations may contain errors, omissions, inaccuracies, contextual deviations, or semantic differences; and
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Umifly does not guarantee the accuracy, completeness, or legal equivalence of any translated version.
55.4 No Reliance on Translated Content
The User agrees that they shall not rely on any translated version of these Terms for legal interpretation, compliance assessment, or dispute resolution.
In the event of any inconsistency, discrepancy, ambiguity, or conflict between:
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the English version; and
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any translated, summarized, paraphrased, or AI-generated version,
the English version shall prevail in all cases, without exception.
55.5 User Responsibility for Understanding
The User confirms that:
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they have sufficient proficiency in the English language to understand these Terms; or
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they have independently obtained professional translation or legal advice at their own expense prior to accepting these Terms.
Any failure by the User to fully understand the Terms due to language barriers shall not affect the validity, enforceability, or binding nature of these Terms.
55.6 No Liability for Translation Errors
To the maximum extent permitted by applicable law, Umifly shall not be liable for any loss, damage, misunderstanding, or legal consequence arising from:
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reliance on translated versions of these Terms;
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AI-generated translations or summaries; or
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informal explanations provided through the Service.
55.7 Acceptance Irrespective of Language
By using the Service and accepting these Terms, the User explicitly agrees that:
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language differences do not invalidate consent;
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translated versions do not create additional rights or obligations; and
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the English version governs the contractual relationship in its entirety.
55.8 Survival
This clause shall survive termination of the Service and remain fully effective for all past, present, and future interactions between the User and Umifly.
Model Evolution & AI Variability Disclaimer
56.1 Dynamic Nature of Artificial Intelligence
The User expressly acknowledges and agrees that the Service relies, in whole or in part, on artificial intelligence systems and models that are dynamic by nature.
AI systems may:
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evolve, update, retrain, or be replaced;
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improve, degrade, or change in performance;
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generate different outputs over time for similar or identical inputs; and
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be influenced by system updates, infrastructure changes, third-party providers, or model configurations.
56.2 No Consistency or Permanence Guarantee
Umifly makes no representation or guarantee that:
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AI outputs will remain consistent over time;
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responses will match prior outputs;
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prior guidance will continue to be available, accurate, or repeated; or
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historical behavior of the AI constitutes a precedent or standard.
The User agrees that past AI responses do not create any expectation, entitlement, or obligation for future responses.
56.3 No Regression Claims
The User explicitly waives any right to claim, allege, or assert that:
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the AI previously performed “better” or “more accurately”;
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the AI has “regressed” in quality, intelligence, or usefulness; or
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changes in AI behavior constitute a defect, breach, or failure of the Service.
Variations in AI behavior shall not be considered errors, malfunctions, or service failures.
56.4 No Reliance on Historical Outputs
AI-generated outputs are time-bound and contextual.
The User agrees that:
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AI outputs are valid only at the moment they are generated;
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prior responses may become outdated, incomplete, or inaccurate due to changing conditions; and
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Umifly has no obligation to maintain, replicate, or reconcile historical AI outputs.
56.5 Model Updates & Provider Dependency
The Service may utilize AI models or systems provided by third parties.
Umifly reserves the right, at its sole discretion, to:
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update, modify, replace, or discontinue AI models;
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change providers or system architectures; or
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adjust AI behavior without prior notice.
Such changes shall not give rise to any claim, refund, liability, or service breach.
56.6 No Warranty of Performance Level
Except where explicitly stated, Umifly provides the AI-enabled Service “as is” and “as available”, without any warranty regarding:
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performance level;
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output quality;
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learning progress; or
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improvement over time.
56.7 Acceptance of AI Variability
By using the Service, the User explicitly acknowledges and accepts that:
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AI behavior is inherently non-deterministic;
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variability is an inherent characteristic of the Service; and
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such variability does not invalidate, limit, or undermine the enforceability of these Terms.
56.8 Survival
This clause shall survive termination of the Service and shall apply to all past, present, and future AI-generated interactions.
No Training on Personal Promises or Commitments
57.1 AI Output Is Not a Promise or Commitment
The User expressly acknowledges and agrees that any output generated by the AI-based Service:
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does not constitute a promise, commitment, guarantee, or undertaking;
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does not create individualized, personalized, or binding obligations; and
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shall not be interpreted as a customized agreement, offer, or assurance.
AI-generated responses are informational and indicative only, regardless of wording, tone, or apparent specificity.
57.2 No Personalized Agreements or Custom Commitments
The Service is not designed to:
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negotiate terms;
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enter into agreements;
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make personal commitments;
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confirm eligibility, outcomes, or results; or
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provide individualized assurances tailored to a specific User situation.
Any appearance of personalization is a functional characteristic of AI interaction and does not imply contractual intent or customization.
57.3 No Reliance on AI Language or Framing
The User agrees that:
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conversational phrasing, affirmative language, or contextual responses generated by the AI
shall not be relied upon as evidence of intent, promise, or obligation by Umifly; and
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no rights, expectations, or claims may arise from the linguistic framing of AI responses.
57.4 No Binding Effect Regardless of Specificity
Even where AI output:
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appears specific;
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references particular scenarios, options, or steps; or
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uses directive or suggestive language,
such output shall never be deemed binding, enforceable, or representative of a personal commitment by Umifly.
57.5 User Acceptance
By using the Service, the User explicitly confirms that:
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they understand AI output is generated automatically;
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no AI response constitutes a personal promise or tailored service commitment; and
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all decisions remain solely with the User.
57.6 Survival
This clause shall survive termination of the Service and apply to all AI-generated interactions, past, present, and future.
58. Survival Clause
Termination, suspension, expiration, or discontinuation of the Service, for any reason and at any time, shall not affect the validity, enforceability, or continuation of those provisions of these Terms which by their nature are intended to survive termination.
Without limitation, the following provisions shall expressly survive termination of the Service or the User’s access thereto:
(a) all disclaimers, limitations of liability, and exclusions of warranties;
(b) all provisions relating to data processing, data retention, privacy, security, and confidentiality;
(c) all indemnification obligations of the User;
(d) all intellectual property rights and ownership provisions;
(e) all clauses relating to acceptable use, misuse, abuse, or prohibited conduct;
(f) all governing law, jurisdiction, dispute resolution, and language provisions; and
(g) any other provision which, by its nature or context, is intended to survive termination.
The User expressly acknowledges and agrees that the termination of the Service does not release the User from any obligations, responsibilities, acknowledgements, or liabilities arising under these Terms prior to or after such termination.
59. Non-Disparagement Clause
The User agrees not to make, publish, disseminate, or otherwise communicate any false, misleading, defamatory, malicious, or intentionally harmful statements regarding Umifly, its Service, systems, technology, business operations, partners, representatives, or affiliates.
This prohibition applies to all forms of communication, including but not limited to:
public reviews, social media posts, online forums, messaging platforms, blogs, videos, press statements, complaints, or any other public or semi-public medium.
Nothing in this clause shall prevent the User from providing truthful, factual, and non-misleading statements or from exercising rights that cannot be lawfully waived under applicable consumer or freedom-of-expression laws. However, the User expressly acknowledges that opinions presented as facts, exaggerated claims, or statements made with the intent to cause reputational harm shall be deemed a violation of this clause.
In the event of a breach of this Non-Disparagement Clause, Umifly reserves the right to:
(a) take appropriate corrective or legal action;
(b) seek injunctive relief to prevent further harm; and
(c) recover damages, costs, and expenses incurred as a result of such breach, to the extent permitted by applicable law.
This clause shall survive termination of the Service.
60. Payment Terms
60.1 Umifly provides its services as digital services, offered through various packages and/or service levels as described on the platform or website.
60.2 All prices are communicated in advance and become immediately due and payable at the moment the user completes a purchase through the Umifly platform.
60.3 Payments are processed exclusively through third-party payment service providers authorized by Umifly, including Mollie and/or Stripe. Umifly does not store, process, or retain payment details itself.
60.4 The agreement between Umifly and the user is concluded only after full and successful payment has been received.
60.5 Until full payment has been received:
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the user’s account shall not be activated;
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the user shall have no access to the service or any part thereof;
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the user shall have no right to use the Umifly services.
60.6 If a payment is refused, fails, is reversed, charged back, or otherwise remains unpaid, Umifly reserves the right to:
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immediately suspend or terminate access to the service;
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revoke any previously granted access without prior notice;
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refuse further service without being required to issue a notice of default.
60.7 Umifly does not charge, apply, accept, or engage in interest (including statutory interest, late-payment interest, or any form of riba).
No interest shall accrue on unpaid amounts. In the event of non-payment, Umifly’s remedies are strictly limited to suspension, termination of services, and recovery of the principal amount only, to the extent permitted by applicable law.
60.8 Any administrative costs, fees, or charges imposed by third-party payment providers as a result of failed payments or chargebacks may be passed on to the user, provided such costs do not constitute interest and are legally permissible.
60.9 Umifly reserves the right to modify its prices and packages at any time. Price changes shall never apply retroactively to services that have already been purchased and paid for.
60.10 Umifly shall not be liable for any damage, loss, or delay resulting from technical failures, disruptions, or errors of third-party payment providers such as Mollie or Stripe.
61. Formation of the Agreement
61.1 An agreement between Umifly and the user is formed at the moment the user successfully completes a purchase of a digital service or package offered by Umifly and the payment has been fully received.
61.2 Prior to completing a purchase or activating the service, the user is required to explicitly accept these Terms and Conditions, for example by ticking an agreement checkbox or by a similar affirmative action made available on the platform.
61.3 By completing the purchase and accepting the Terms and Conditions, the user confirms that:
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they have read and understood these Terms and Conditions;
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they agree to be legally bound by them;
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they are authorized to enter into this agreement.
61.4 Activation of the Umifly service takes place only after successful payment and acceptance of the Terms and Conditions. Until that moment, Umifly is under no obligation to provide access to the service.
61.5 If the user does not accept these Terms and Conditions, no agreement shall be formed, and no access to the Umifly services shall be granted.
61.6 Umifly reserves the right to refuse or cancel the formation of an agreement if acceptance of the Terms and Conditions cannot be validly established.
62. Termination and Cancellation
62.1 The user may request termination or cancellation of the Umifly service at any time, subject to the provisions of these Terms and Conditions.
62.2 Any request for termination or cancellation by the user must be submitted in writing via email to the official contact email address provided by Umifly. Requests made through other channels shall not be considered valid.
62.3 Upon termination or cancellation, whether initiated by the user or by Umifly:
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access to the Umifly service shall be immediately terminated;
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the user shall no longer be able to use the service, including any related features or functionalities;
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stored data, chat logs, or usage history may be deleted, anonymized, or retained in accordance with Umifly’s data retention and privacy policies.
62.4 No refunds shall be granted in the event of termination or cancellation, regardless of the reason. Any amounts paid by the user shall be deemed to cover system setup costs, operational costs, and access already granted, and are therefore non-refundable to the extent permitted by applicable law.
62.5 Umifly reserves the right to suspend or terminate the agreement, with immediate effect and without prior notice, if:
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the user violates these Terms and Conditions;
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payment obligations are not fulfilled;
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misuse, abuse, or unlawful use of the service is detected;
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continued provision of the service is no longer reasonably possible.
62.6 Termination of the agreement does not release the user from any obligations incurred prior to termination, nor does it affect provisions which by their nature are intended to survive termination, including but not limited to liability limitations and disclaimers.
63. Right of Withdrawal (Consumers)
63.1 This article applies exclusively to consumers within the meaning of applicable European Union consumer protection laws.
63.2 In accordance with EU law, the consumer has the right to withdraw from the agreement within fourteen (14) days from the date of conclusion of the agreement, without stating reasons, unless the exception described in this article applies.
63.3 The right of withdrawal does not apply to digital services once the performance of the service has begun, provided that:
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the consumer has given explicit prior consent to the commencement of the service during the withdrawal period; and
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the consumer has expressly acknowledged that they waive their right of withdrawal once the service has started.
63.4 By completing the purchase, accepting these Terms and Conditions, and activating the Umifly service, the consumer:
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expressly requests immediate performance of the digital service;
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expressly consents to the commencement of the service during the withdrawal period;
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expressly acknowledges and agrees that the right of withdrawal is fully waived once the service is activated.
63.5 If the consumer does not provide the consent and acknowledgment referred to in Article 63.4, Umifly shall not activate the service until the withdrawal period has expired.
63.6 Any withdrawal request must be submitted in writing via email to the official contact email address provided by Umifly and must clearly state the intention to withdraw.
63.7 Once the Umifly service has been activated and performance has commenced, no right of withdrawal exists, and no refund shall be granted, to the extent permitted by applicable law.
64. Complaints Procedure
64.1 Complaints relating to the services provided by Umifly must be submitted in writing via email to the official contact email address published on the Umifly website.
64.2 The complaint must contain sufficient details to allow Umifly to properly assess the complaint, including at least:
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the name and contact details of the user;
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a clear description of the complaint;
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the relevant service or package;
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the date on which the complaint arose.
64.3 Umifly shall acknowledge receipt of the complaint within fourteen (14) days of receipt and shall make reasonable efforts to respond substantively within that period.
64.4 If a complaint requires a longer handling period, Umifly shall inform the user of the expected response time.
64.5 Submitting a complaint does not suspend the user’s payment obligations or the execution of the agreement, unless expressly agreed otherwise by Umifly in writing.
65. Governing Law and Jurisdiction
65.1 These Terms and Conditions, and any agreement concluded between Umifly and the user, shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict-of-law rules.
65.2 Any disputes arising out of or in connection with these Terms and Conditions or the services provided by Umifly shall be submitted to the competent court in the Netherlands.
65.3 If the user qualifies as a consumer under applicable law, this jurisdiction clause shall not affect the consumer’s right to bring a dispute before the court that is competent under mandatory consumer protection legislation.
66. Privacy and Data Protection
66.1 In the course of providing its services, Umifly processes personal data, including but not limited to user data, chat logs, usage data, and AI-generated interactions.
66.2 Umifly processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR / AVG).
66.3 Detailed information regarding the processing of personal data, the purposes thereof, retention periods, and the rights of users is set out in Umifly’s Privacy Policy, which forms an integral part of these Terms and Conditions.
66.4 The Privacy Policy is made available on the Umifly website and can be accessed via the designated privacy page. By using the Umifly services, the user acknowledges having taken notice of the Privacy Policy.
66.5 In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the provisions of the Privacy Policy shall prevail with respect to the processing of personal data.
66.6 Umifly reserves the right to update or amend its Privacy Policy from time to time in accordance with applicable law.