Terms of Use Agreement

HAYAFI TERMS OF USE AGREEMENT

Effective Date: 1 February 2026

MPORTANT NOTICE:

These Terms of Use contain an arbitration agreement and class action waiver that affect your legal rights. Please read Section 15 (Dispute Resolution) carefully. By using Hayafi, you agree to resolve disputes through binding arbitration on an individual basis and waive your right to a jury trial and to participate in class actions.

Welcome to Hayafi, a halal Muslim marriage platform operated by Hayafi Ltd. These Terms of Use (“Terms”) govern your access to and use of the Hayafi mobile application (the “App”), the Hayafi website at hayafi.app (the “Website”), and all related services, features, content, and functionality (collectively, the “Service” or “Services”).

By creating an account, accessing, or using Hayafi in any way, you agree to be bound by these Terms, our Privacy Policy, Community Guidelines, and Safety Guidelines, all of which are incorporated into this Agreement by reference. If you do not agree to these Terms, you must not access or use our Services.

1. DEFINITIONS

1.1“We”, “Us”, “Our”, “Hayafi”:

Means Hayafi Ltd, a company registered in England and Wales with its registered office at 5 Brayford Square, London E1 0SG, United Kingdom.

1.2“You”, “User”, “Member”:

Means any individual who accesses or uses the Services.

1.3“Account”:

Means the account you create to access and use the Services.

1.4“Content”:

Means all text, images, videos, audio, messages, profile information, and other materials available on or through the Services.

1.5“Your Content”:

Means Content that you upload, submit, post, or transmit through the Services.

1.6“Member Content”:

Means Content uploaded, submitted, or shared by other users of the Services.

1.7“Our Content”:

Means Content provided by Hayafi, including but not limited to the Services’ design, features, text, graphics, logos, and software.

1.8“Prohibited Content”:

Means Content that violates these Terms, our Community Guidelines, or applicable law.

1.9“Wali”:

Means a guardian, chaperone, or family member you may optionally nominate to supervise your use of the Services.

2. ACCEPTANCE OF TERMS

By accessing or using Hayafi, you acknowledge that you have read, understood, and agree to be bound by these Terms. Your continued use of the Services following any modification to these Terms constitutes your acceptance of such modifications.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.

3. ELIGIBILITY

To create an account and use Hayafi, you must meet ALL of the following requirements:

• You are at least 18 years of age
• You are Muslim or sincerely seeking a Muslim marriage
• You are legally capable of entering into a binding contract
• You are not prohibited by law from using the Services
• You have not previously been banned or removed from Hayafi or any of our affiliated services
• You have not been convicted of, or pled no contest to, any crime involving violence, sexual misconduct, fraud, or any offense that would make your use of the Services inappropriate or unsafe
• You are not listed on any government list of prohibited or restricted parties
• You are using the Services for sincere, halal marriage purposes only

By creating an account, you represent and warrant that you meet all of the above requirements. If at any time you cease to meet these requirements, you must immediately delete your account. We reserve the right to verify your eligibility and to suspend or terminate your account if you do not meet these requirements.

4. ACCOUNT CREATION AND SECURITY

4.1 Account Registration

You may create an Account using one of the following methods:
• Direct registration with an email address and phone number
• Sign-in with Apple (Apple ID)
• Sign-in with Google

When you register through a third-party service (Apple or Google), we will access limited personal information from that service as authorized by you, including your name, email address, and profile picture. Please review our Privacy Policy for more information about how we collect and use data from third-party login services.

4.2 Account Information

You agree to provide accurate, current, and complete information when creating your Account and to update such information promptly to keep it accurate and complete. You are solely responsible for the accuracy of your Account information. If you provide false, inaccurate, or misleading information, we may suspend or terminate your Account.

4.3 Account Security

You are responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. You must:

• Use a strong, unique password
• Not share your Account credentials with anyone
• Immediately notify us at hello@hayafi.app if you suspect unauthorized access to your Account
• Log out of your Account when using shared or public devices

We will not be liable for any loss or damage arising from your failure to protect your Account credentials. You may not use another user’s Account or allow anyone else to use your Account.

4.4 Account Verification

To ensure the safety and authenticity of our community, all users are required to complete selfie verification. Additionally, you may choose to complete optional ID verification to receive a “Verified ID” badge on your profile.

Selfie Verification (Mandatory): You must submit a selfie photograph during account creation. This selfie is used to verify that you are a real person and that your profile photo matches your appearance. The selfie is deleted 15 days after verification is completed. We do not use facial recognition technology or store biometric templates.

ID Verification (Optional): You may voluntarily submit a government-issued identity document (such as a passport or driving licence) to obtain a “Verified ID” badge on your profile. ID documents are deleted immediately upon completion of the verification process. This verification is entirely optional, and your Account will function normally without it.

Verification indicates only that the verification steps were completed. It does not guarantee the accuracy of profile information, user intentions, compatibility, or marriage outcomes.

5. USER CONDUCT AND RESPONSIBILITIES

5.1 Permitted Use

You may use Hayafi solely for the purpose of seeking a sincere, halal Muslim marriage. You agree to:

• Act respectfully and courteously toward all members
• Follow Islamic manners (adab) in all communications
• Comply with all applicable laws and regulations
• Provide truthful and accurate information in your profile
• Respect the privacy and dignity of other members
• Report any inappropriate behavior or Content to our moderation team

5.2 Prohibited Conduct

You agree that you will NOT:

• Use the Services for casual dating, temporary relationships (e.g., “summer marriages”), or any purpose inconsistent with halal marriage intentions
• Misrepresent your identity, age, marital status, religious practice, employment, qualifications, or any other information • Create multiple Accounts or use the Account of another person
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Harass, stalk, threaten, abuse, intimidate, or harm any other user
• Send spam, unsolicited commercial messages, or bulk communications
• Solicit money, financial information, or other items of value from other users
• Share, request, or solicit contact information for commercial or unlawful purposes
• Use the Services to promote or advertise third-party products, services, or websites
• Engage in any fraudulent, deceptive, or misleading conduct
• Upload, share, or distribute Prohibited Content (see Section 6 below)
• Interfere with or disrupt the Services, servers, or networks connected to the Services
• Use any automated systems, bots, scrapers, or other technological means to access the Services
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
• Circumvent, disable, or interfere with security-related features of the Services
• Collect or harvest personal data of other users without their consent
• Use the Services for any illegal, harmful, or unlawful purpose
• Violate any applicable laws, regulations, or third-party rights
• Encourage, assist, or enable any other person to engage in any of the above prohibited conduct

Violation of this Section may result in immediate suspension or termination of your Account, removal of Your Content, reporting to law enforcement authorities, and potential legal action.

6. CONTENT

6.1 Types of Content

The Services contain three categories of Content:

• Your Content: Content that you upload, post, or transmit, including your profile information, photos, videos, messages, and other materials
• Member Content: Content uploaded or shared by other users
• Our Content: Content provided by Hayafi, including the design, features, text, graphics, logos, and software of the Services

6.2 Your Content

You are solely responsible for Your Content. You represent and warrant that:

• You own all rights to Your Content or have obtained all necessary permissions to upload and share it
• Your Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or any other legal rights
• Your Content is accurate, truthful, and does not contain false or misleading information
• Your Content complies with these Terms, our Community Guidelines, and all applicable laws

You retain ownership of Your Content. However, by uploading Your Content to Hayafi, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Services and our business operations, including for the purposes of promoting and improving the Services.

This license continues even if you stop using the Services, but only to the extent necessary to provide the Services to other users (for example, messages you have sent to other users) and to comply with legal obligations.

6.3 Prohibited Content

You agree that you will NOT upload, post, transmit, or share any Content that:

• Is offensive, abusive, threatening, defamatory, harassing, hateful, or discriminatory
• Promotes or incites violence, terrorism, hatred, bigotry, racism, or harm against any individual or group
• Is pornographic, sexually explicit, obscene, indecent, or otherwise inappropriate for a halal marriage platform
• Depicts or promotes self-harm, eating disorders, substance abuse, or other harmful behaviors
• Exploits, sexualizes, endangers, or harms children or minors in any way, whether real or fictional
• Contains nudity or sexually suggestive imagery
• Violates any applicable law, including laws related to child protection, hate speech, terrorism, fraud, or privacy
• Infringes or violates any third-party intellectual property rights, including copyrights, trademarks, or patents
• Contains false, misleading, or fraudulent information
• Promotes illegal activities, including drug use, weapons trafficking, or any criminal conduct
• Contains viruses, malware, spyware, or other harmful code designed to disrupt or damage the Services or users’ devices
• Violates the privacy or publicity rights of any person
• Was generated by artificial intelligence or automated means without disclosure, unless expressly authorized by Hayafi
• Includes the image or likeness of another person without their consent
• Constitutes spam, advertising, or unsolicited commercial content
• Contains financial information, including bank account details, payment card information, or requests for money
• Is otherwise inconsistent with the halal, Islamic nature and intended use of the Services

6.4 Content Moderation

We are committed to maintaining a safe, respectful, and halal environment on Hayafi. We use a combination of automated tools and human moderators to detect and remove Prohibited Content and to enforce these Terms.

We reserve the right, but have no obligation, to:

• Monitor, review, and moderate Content
• Remove, edit, disable access to, or refuse to display any Content that violates these Terms

• Suspend or terminate Accounts that violate these Terms or engage in misconduct
• Report illegal Content or conduct to law enforcement authorities
• Preserve Content and Account information for legal or safety purposes

You acknowledge and agree that we do not pre-screen all Content and are not responsible for Content posted by users. However, we take reports of Prohibited Content seriously and will investigate and take appropriate action.

6.5 Member Content

You do not have any rights in Member Content. You may view and interact with Member Content only to the extent permitted by the Services and consistent with the intended use of the platform (i.e., for halal marriage purposes).

You may not:

• Copy, download, reproduce, distribute, or create derivative works from Member Content
• Use Member Content for any commercial purpose
• Use Member Content to harass, spam, or harm other users

We are not responsible for the accuracy, completeness, or legality of Member Content. You interact with other users and their Content at your own risk.

6.6 Our Content

All Our Content is owned by Hayafi or our licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Our Content solely for your personal, non-commercial use of the Services.

You may not:

• Copy, modify, distribute, sell, or create derivative works from Our Content
• Use Our Content for any commercial purpose without our prior written consent
• Remove or alter any copyright, trademark, or other proprietary notices from Our Content

7. REPORTING AND SAFETY

Your safety and the safety of our community are our highest priorities. We strongly encourage you to report any inappropriate Content, behavior, or safety concerns.

You can report:

• Any user who violates these Terms or engages in inappropriate conduct
• Any Content that violates these Terms or our Community Guidelines
• Any safety concerns, including harassment, threats, or illegal activity
• Technical issues or bugs that affect the Services

To report a user or Content, use the in-app “Report” feature or contact us at hello@hayafi.app.

All reports are reviewed by our moderation team. We will investigate reports promptly and take appropriate action, which may include removing Content, suspending or terminating Accounts, and reporting illegal conduct to law enforcement.

Please do not submit false, malicious, or unfounded reports. Abuse of the reporting system may result in suspension or termination of your Account.

We also strongly encourage you to:

• Review our Safety Guidelines before using the Services
• Protect your personal information and never share financial details with other users
• Meet in public places if you choose to meet in person
• Inform a trusted friend or family member about your plans
• Trust your instincts — if something feels wrong, report it and discontinue contact

8. WALI (GUARDIAN) FEATURE

Hayafi offers an optional Wali (guardian) supervision feature designed to support halal-intentioned use of the platform in accordance with Islamic values. This feature is entirely voluntary.

8.1 How the Wali Feature Works

If you choose to enable the Wali feature, you may nominate a Wali (guardian, chaperone, or family member) by providing their name, email address, and phone number in your Account settings.

Once enabled:

• Your nominated Wali will receive weekly email transcripts of your chat conversations on Hayafi
• You will be notified that a Wali is monitoring your conversations
• You can disable the Wali feature at any time in your Account settings, which will stop future transcripts from being sent

8.2 Sharing Wali Contact Information

The Services include features that allow you to share your Wali’s contact details with other users:

• Proposal Feature: You may voluntarily share your Wali’s contact details as part of a marriage proposal to another user
• Wali Contact Request: You may request another user’s Wali contact details from within the chat interface. The other user must manually approve your request before their Wali’s contact details are shared with you

Wali contact details are never shared automatically. Sharing only occurs when you or the other user explicitly authorizes it.

8.3 Your Responsibility

You are responsible for:

• Ensuring you have the consent of your nominated Wali before enabling this feature
• Providing accurate contact information for your Wali
• Informing your Wali that they will receive chat transcripts
• Managing your own use of the feature, including enabling or disabling it as you see fit

8.4 Our Role and Limitations

Hayafi provides the Wali feature as a tool to support Islamic values. However:

• We are not responsible for the actions, decisions, or conduct of your Wali or any Wali whose contact details you receive
• We do not mediate or intervene in communications between you and your Wali or between you and another user’s Wali
• We cannot guarantee that your Wali will review the transcripts or respond to proposals
• Enabling the Wali feature does not absolve you of your responsibility to use the Services appropriately and in accordance with these Terms

8.5 Privacy and Data Processing

The legal basis for processing Wali-related data is your explicit consent. Please refer to our Privacy Policy for detailed information about how we collect, use, and share Wali data.

9. SUBSCRIPTIONS AND PAYMENTS

At present, Hayafi does not offer any paid subscriptions or premium features. All features currently available in the Services are free to use.

If we introduce paid subscriptions or premium features in the future, we will:

• Update these Terms to include detailed payment terms, pricing, refund policies, and subscription terms
• Notify all users in advance before any charges are applied
• Ensure that all payment processing is conducted securely and in compliance with applicable laws

You will never be charged for the Services without your explicit consent and clear notice of the charges.

10. ACCOUNT TERMINATION

10.1 Termination by You

You may close your Account at any time by:

• Selecting “Delete Account” in the Settings section of the App and following the prompts; or
• Contacting us at hello@hayafi.app with a request to delete your Account

Upon deletion, your profile will immediately become invisible to other users. However, certain data may be retained as described in our Privacy Policy, including:

• Data required to comply with legal obligations
• Data necessary to resolve disputes or enforce these Terms
• Anonymized or aggregated data used for analytics

Messages you have sent to other users may remain visible to those users even after you delete your Account.

10.2 Termination by Hayafi

We reserve the right to suspend, restrict, or terminate your Account at any time, with or without notice, if:

• You violate these Terms, our Community Guidelines, or our Safety Guidelines
• You engage in conduct that we determine, in our sole discretion, to be harmful, inappropriate, unlawful, or inconsistent with the intended use of the Services
• We suspect fraudulent, abusive, or malicious activity on your Account
• We are required to do so by law or by a lawful request from a government authority
• We determine, in our sole discretion, that continuing to provide the Services to you poses a risk to the safety, security, or integrity of the Services or our community

If we terminate your Account for a violation of these Terms, you will not be entitled to any refund of payments made (if any), and you may be permanently banned from creating a new Account.

We may, but are not obligated to, provide you with notice of the reason for Account termination. In certain circumstances, such as where providing notice would compromise the safety or privacy of other users or interfere with an ongoing investigation, we may not disclose the specific reason for termination.

10.3 Effect of Termination

Upon termination of your Account, whether by you or by Hayafi:

• Your access to the Services will immediately cease
• Your profile and Your Content will be removed from public view
• You will lose all matches, connections, messages, and other Account data
• These Terms will continue to apply to any disputes or claims arising before or related to the termination
• Sections of these Terms that by their nature should survive termination (including but not limited to Sections 6 (Content), 11 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Dispute Resolution)) will remain in full force and effect

11. INTELLECTUAL PROPERTY

11.1 Ownership

Hayafi and its licensors own all rights, title, and interest in and to the Services and Our Content, including all intellectual property rights. This includes, but is not limited to:

• The Hayafi name, logo, and trademarks
• The design, layout, and “look and feel” of the Services
• All software, code, algorithms, and technology underlying the Services
• All text, graphics, images, videos, and other materials provided by Hayafi

Nothing in these Terms grants you any ownership rights in the Services or Our Content. The Services and Our Content are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United Kingdom and other jurisdictions.

11.2 Trademarks

HAYAFI Name is trademarks of Hayafi Ltd. You may not use our trademarks without our prior written permission. You may not use our trademarks in a manner that could cause confusion, suggests sponsorship or endorsement by Hayafi, or disparages or discredits Hayafi.

11.3 Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any Content on the Services infringes your copyright, please notify us at hello@hayafi.app with the following information:

• A description of the copyrighted work that you claim has been infringed
• A description of where the allegedly infringing material is located on the Services
• Your contact information, including your address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
• Your physical or electronic signature

We will investigate all valid copyright infringement claims and take appropriate action, which may include removing the infringing Content and terminating the Account of repeat infringers

12. DISCLAIMERS

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS HAYAFI’S LIABILITY TO YOU.

12.1 NO WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HAYAFI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED

12.2 NO GUARANTEE OF RESULTS

HAYAFI DOES NOT GUARANTEE THAT YOU WILL FIND A SPOUSE, ACHIEVE MARRIAGE, OR HAVE ANY PARTICULAR RESULT FROM USING THE SERVICES. YOUR USE OF THE SERVICES AND ANY INTERACTIONS WITH OTHER USERS ARE AT YOUR OWN RISK.

12.3 NO BACKGROUND CHECKS

HAYAFI DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, IDENTITY VERIFICATION CHECKS (BEYOND THE SELFIE AND OPTIONAL ID VERIFICATION DESCRIBED IN SECTION 4.4), OR ANY OTHER SCREENING OF USERS. WE DO NOT VERIFY THE ACCURACY OF USER PROFILES, STATEMENTS, OR CLAIMS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE IDENTITY, INTENTIONS, BACKGROUND, MARITAL STATUS, CRIMINAL HISTORY, OR CONDUCT OF ANY USER.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS EXERCISE CAUTION, USE YOUR BEST JUDGMENT, AND FOLLOW OUR SAFETY GUIDELINES.

12.4 USER CONTENT

HAYAFI IS NOT RESPONSIBLE FOR THE ACCURACY, LEGALITY, OR APPROPRIATENESS OF ANY USER CONTENT, INCLUDING YOUR CONTENT AND MEMBER CONTENT. WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT. YOU RELY ON USER CONTENT AT YOUR OWN RISK.

12.5 THIRD-PARTY SERVICES

THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, SERVICES, OR RESOURCES THAT ARE NOT OWNED OR CONTROLLED BY HAYAFI. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND POLICIES OF THOSE THIRD PARTIES

13. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE LIABILITY OF HAYAFI TO YOU.

13.1 EXCLUSION OF DAMAGES

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HAYAFI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• LOSS OF GOODWILL OR REPUTATION
• PERSONAL INJURY, EMOTIONAL DISTRESS, OR HARM
• DAMAGES ARISING FROM YOUR INTERACTIONS WITH OTHER USERS
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR CONTENT
• DAMAGES ARISING FROM THE CONDUCT OR CONTENT OF OTHER USERS
• DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF HAYAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 CAP ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, HAYAFI’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU HAVE PAID TO HAYAFI IN THE 12 MONTHS PRECEDING THE CLAIM (IF ANY); OR
£100.

13.3 EXCEPTIONS

NOTHING IN THESE TERMS EXCLUDES OR LIMITS HAYAFI’S LIABILITY FOR:

• DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE
• FRAUD OR FRAUDULENT MISREPRESENTATION
• ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW

13.4 BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 12 AND 13 REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND HAYAFI AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. HAYAFI WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hayafi, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, the “Hayafi Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or related to:
• Your use or misuse of the Services
• Your violation of these Terms, our Community Guidelines, or our Safety Guidelines
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or other legal rights
• Your Content, including any claims that Your Content infringes or violates any third-party rights or applicable law
• Your interactions with other users, including any disputes, harm, or injury arising from such interactions
• Any misrepresentation or false information you provide
This indemnification obligation will survive the termination of your Account and these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

15. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

15.1 Informal Dispute Resolution

Before initiating arbitration or any legal proceeding, you agree to first attempt to resolve any dispute with Hayafi informally by contacting us at hello@hayafi.app. Please provide:

• Your full name and the email address or phone number associated with your Account
• A detailed description of the dispute, including the nature and factual basis of your claim
• The relief you are seeking and a calculation of any alleged damages

We will attempt to resolve the dispute informally within 60 days of receiving your notice. If we are unable to resolve the dispute within this time period, either party may proceed to arbitration or small claims court as described below.

Completion of this informal dispute resolution process is a mandatory condition precedent to filing any arbitration demand or lawsuit. Failure to complete this process is a breach of these Terms.

15.2 Agreement to Arbitrate

If the informal dispute resolution process does not resolve the dispute, you and Hayafi agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (a “Dispute”) will be resolved by binding arbitration, except for disputes that qualify for small claims court (see Section 15.3 below).

Arbitration is a form of private dispute resolution in which disputes are resolved by a neutral arbitrator instead of a judge or jury. By agreeing to arbitration, YOU AND HAYAFI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

This arbitration agreement applies to all Disputes, including but not limited to Disputes arising before you agreed to these Terms.

The arbitration will be administered by the Centre for Effective Dispute Resolution (CEDR) in accordance with its Model Arbitration Procedure in force at the time of the arbitration, except as modified by these Terms. The arbitration will be conducted in English.

The arbitration will take place in London, United Kingdom, or another location mutually agreed upon by the parties. If the Dispute involves £10,000 or less, the arbitration will be conducted solely on the basis of written submissions unless you request an in-person or video hearing, or the arbitrator determines that an in-person or video hearing is necessary.

15.3 Small Claims Court

Either you or Hayafi may elect to have a Dispute heard in small claims court if the Dispute qualifies for small claims court jurisdiction and is brought on an individual (non-class) basis. If a party elects small claims court, the Dispute will be resolved in small claims court and not in arbitration.

15.4 Class Action Waiver

YOU AND HAYAFI AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND HAYAFI EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

If a court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement in Section 15.2 will be null and void (but the rest of these Terms will remain in effect).

15.5 Arbitration Fees

The party initiating the arbitration will pay the filing fee. Hayafi will pay all other arbitration fees and costs, including the arbitrator’s fees, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.

Each party will bear its own legal fees and costs, unless the arbitrator awards fees and costs to the prevailing party or as otherwise permitted by applicable law.

15.6 Arbitration Award

The arbitrator’s decision will be final and binding, except for a limited right of appeal under the Arbitration Act 1996 (England and Wales). The arbitrator may award any relief that would be available in court, including damages, injunctive relief, and declaratory relief, but only to the extent necessary to provide relief warranted by your individual claim.

Judgment on the arbitration award may be entered in any court having jurisdiction.

15.7 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send a written notice to:

Hayafi Ltd Attn: Arbitration Opt-Out 5 Brayford Square London E1 0SG United Kingdom

Your opt-out notice must be postmarked or emailed to hello@hayafi.app within 30 days of the date you first accept these Terms. Your opt-out notice must include:

• Your full name
• Your address
• The email address and/or phone number associated with your Account
• A clear statement that you wish to opt out of the arbitration agreement

If you opt out, you and Hayafi will not be bound by Section 15.2 (Agreement to Arbitrate), but all other provisions of these Terms will continue to apply. Opting out of the arbitration agreement will not affect any other terms of these Terms.

16. GOVERNING LAW AND JURISDICTION

These Terms and any Dispute arising out of or related to these Terms or your use of the Services will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

To the extent that any Dispute is not subject to arbitration under Section 15 (for example, if you have opted out of arbitration or if the Dispute does not fall within the scope of the arbitration agreement), you and Hayafi agree that any legal action or proceeding arising out of or related to these Terms or the Services will be brought exclusively in the courts of England and Wales. You and Hayafi irrevocably consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.

17. CHANGES TO THESE TERMS

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Community Guidelines, and Safety Guidelines, constitute the entire agreement between you and Hayafi regarding your use of the Services and supersede any prior agreements or understandings.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent.

18.3 Waiver

Our failure to enforce any provision of these Terms or to exercise any right will not constitute a waiver of that provision or right. No waiver by Hayafi will be effective unless made in writing.

18.4 Assignment

You may not assign or transfer these Terms or your Account to any other person without our prior written consent. We may assign or transfer these Terms or our rights and obligations under these Terms to any third party without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

18.5 No Third-Party Beneficiaries

These Terms are for the benefit of you and Hayafi only. No other person or entity has any rights under these Terms.

18.6 Force Majeure

Hayafi will not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, government actions, natural disasters, pandemics, or failures of third-party services or infrastructure.

18.7 Survival

The following sections will survive the termination of your Account or these Terms: Sections 6 (Content), 11 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), 16 (Governing Law and Jurisdiction), and 18 (General Provisions).

19. CONTACT INFORMATION

If you have any questions, concerns, or complaints about these Terms or the Services, please contact us:

Email: hello@hayafi.app

Postal Address: Hayafi Ltd Attn: Legal Department 5 Brayford Square London E1 0SG United Kingdom

We will respond to all inquiries as promptly as possible.