User Agreement
1. GENERAL PROVISIONS
1.1. This User Agreement (the “Agreement”) governs the relationship between the operator of the Nikahova Service and an individual using Nikahova.
1.2. Nikahova is a matchmaking service for adults intended to facilitate the search for a potential husband or wife for the purpose of forming a family and entering into marriage (nikah).
1.3. For the purposes of this Agreement, “Nikahova” or the “Service” means the Nikahova mobile application, the nikahova.app website, the admin.nikahova.app administrative panel, server infrastructure, moderation tools, file storage facilities, and other information technology resources used by the Operator to provide, administer, and ensure the security of the Service.
1.4. “Operator” means Individual Entrepreneur Fatima Gazimukhammadovna Imamshapieva.
1.5. “User” means an individual who has reached the age of 18 and uses Nikahova.
1.6. “Account” means a Nikahova user account created by the User.
1.7. “Profile” means the User’s profile containing information, photographs, videos, and other data provided by the User and supported by the functionality of the Service.
1.8. “Content” means any information and materials that the User creates, posts, uploads, publishes, sends, or otherwise provides through Nikahova, including Profile text, posts, photographs, videos, voice and video messages, chat messages, and other materials.
1.9. “User-Generated Content Rules” or “UGC Policy” means the Nikahova User-Generated Content Posting and Moderation Rules, which are binding upon Users when creating, posting, or transmitting Content.
1.10. This Agreement constitutes a contract between the User and the Operator. By creating an Account and expressing consent to this Agreement, the User confirms that the User has read its terms, understands their content, accepts them in full, and agrees to comply with them when using Nikahova.
1.11. If the User does not agree to this Agreement, the User must not create an Account or continue using Nikahova.
2. NIKAHOVA OPERATOR
2.1. The Personal Data Controller is Fatima Imamshapieva (FATIMA IMAMSHAPIEVA), a foreign resident of the Arab Republic of Egypt, acting on the basis of a Foreign Residence Card issued by the competent authorities of the Arab Republic of Egypt.
2.2. Controller’s address: Madinaty, New Cairo, Cairo, Arab Republic of Egypt.
2.3. Official website: nikahova.app.
2.4. Email address for requests relating to the processing of personal data, withdrawal of consent, exercise of data subject rights, and privacy matters: support@nikahova.app.
2.4. The contact address must remain accessible to the User regardless of the status of the User’s Account, including where the Account has been blocked, access has been suspended, or the Account has been deleted.
3. PURPOSE OF NIKAHOVA
3.1. Nikahova is intended for adults interested in finding a potential husband or wife and forming a family.
3.2. Nikahova is intended for Users for whom Islamic values and entering into marriage (nikah) are important.
3.3. The Operator provides a technical service for searching, displaying Profiles, and enabling interaction between Users and is not a party to any personal, family, religious, marital, or property relationships between them.
3.4. The Operator does not act as the User’s representative in entering into marriage, does not enter into a marriage or nikah on behalf of Users, does not make decisions for a User regarding the choice of a husband or wife, and does not provide individual religious or theological opinions concerning specific relationships between Users.
3.5. The Operator does not guarantee that the User will achieve any particular result, including making an acquaintance, obtaining mutual interest, continuing communication, meeting in person, becoming engaged, entering into marriage, or entering into nikah.
4. AGE RESTRICTIONS
4.1. Nikahova may only be used by persons who have reached the age of 18.
4.2. By creating an Account and providing a date of birth, the User confirms that the User has reached the age of 18 and provides accurate information regarding the User’s age.
4.3. Persons under the age of 18 are prohibited from registering, creating Profiles, posting Content, communicating with Users, or otherwise using Nikahova.
4.4. Intentionally providing a false date of birth or otherwise concealing the fact that the User is a minor constitutes a material breach of this Agreement.
4.5. Where the Operator has reasonable grounds to doubt the User’s age, the Operator may temporarily restrict access to the Account and apply reasonable additional age-verification measures, provided such measures are permitted by applicable law.
4.6. If the Operator becomes aware that an Account belongs to a minor, the Operator may terminate access to and delete such Account in accordance with applicable law and the Privacy Policy.
4.7. The User’s confirmation of age does not, in itself, constitute a guarantee by the Operator that the person has not knowingly provided false information.
5. CREATION AND USE OF AN ACCOUNT
5.1. To use the principal functions of Nikahova, the User creates an Account.
5.2. During registration, the User provides the information required by the Service interface.
5.3. The User must provide accurate, current information relating to the User.
5.4. The User is prohibited from impersonating another person, creating an Account on behalf of another person without a lawful basis, using another person’s photographs or videos as the User’s own, providing a false age, or knowingly providing false information capable of materially affecting another User’s decision to become acquainted, communicate, or enter into marriage.
5.5. The User is solely responsible for safeguarding Account access credentials and must not disclose them to third parties.
5.6. If unauthorized access is suspected, the User must take reasonable measures to protect the Account and, where necessary, contact customer support.
5.7. The Operator may impose technical limitations on the number of Accounts, registration methods, and other measures necessary to combat fraud and abuse.
6. PROFILE INFORMATION
6.1. Nikahova enables the User to create a Profile for the purpose of searching for a potential husband or wife.
6.2. The Profile may contain the User’s name, date of birth, age, sex, country and city of residence, nationality, height, weight, languages, education, profession, employment, interests, personality traits, photographs, videos, information concerning marital status, religious practice and lifestyle, “About Me” and “Who I Am Looking For” information, as well as other information supported by the interface.
6.3. Certain Profile information is intended to be displayed to other registered Nikahova Users in accordance with the functionality of the Service, the Privacy Policy, and the consents provided by the User.
6.4. Providing information to the Operator for internal processing and authorizing the display of such information to other Users constitute separate personal data processing operations.
6.5. Where applicable law requires separate consent for the display or dissemination of certain categories of personal data, such consent shall be obtained separately and shall not be deemed to have been provided merely by creating a Profile.
7. RELIGIOUS AND OTHER SENSITIVE INFORMATION
7.1. Due to the purpose of Nikahova, the User may provide information concerning religious beliefs and religious practices.
7.2. Such information may include information concerning the User’s status in Islam, religious denomination or tradition, number of years in Islam, performance of salah (prayer), mosque attendance, observance of fasting during Ramadan, reading of the Quran, number of memorized surahs, hafiz status, self-assessed level of religiosity, wearing of hijab or niqab, willingness to observe covering, having a beard, adherence to halal dietary requirements, and other characteristics provided for in the Profile.
7.3. The Profile may also provide for information concerning intimate matters, marital status, polygamy, and other circumstances which, in certain jurisdictions, may constitute special or sensitive categories of personal data.
7.4. Such information shall be processed in accordance with the Privacy Policy and the User’s separate consent where such consent is required by applicable law.
7.5. This Agreement, acknowledgment of the Privacy Policy, or the mere completion of a Profile does not replace separate explicit consent or other specifically documented consent where such form of consent is required by law.
8. DATA CONCERNING CHILDREN, SPOUSES, AND OTHER THIRD PARTIES
8.1. The Profile may allow the User to provide information concerning children, a spouse or spouses, and other circumstances relating to family life.
8.2. By providing information concerning another person, the User confirms that the User has a lawful basis for providing such information to the Operator and, where such information is displayed to other Users, for such display.
8.3. The User is solely responsible for the lawfulness of providing third-party information to the Operator to the extent permitted by applicable law.
8.4. With respect to minor children, the User confirms that the User has the authority prescribed by law or another lawful basis for providing their data.
8.5. The User is prohibited from providing photographs, contact details, documents, or other direct identifiers of spouses, children, or other third parties without an appropriate legal basis.
8.6. The Operator may remove or conceal third-party data where there are grounds to believe that such data has been provided unlawfully or infringes the rights of the relevant person.
8.7. A third party may contact the Operator regarding information relating to that third party in accordance with applicable law.
9. PRIVATE NOTES
9.1. Nikahova may enable the User to save a private note concerning another User.
9.2. Such a note is accessible only to its author and is not displayed to the User to whom it relates or to other Users.
9.3. The User must use the private notes feature in good faith and must not include information whose collection or storage is unlawful, knowingly false, offensive, or unrelated to the purpose of the feature.
9.4. Information concerning third parties entered by the User into a private note is subject to the requirements of this Agreement regarding the lawful provision and use of third-party information.
10. USER COMMUNICATION
10.1. Nikahova enables Users to interact through the functions provided by the Service.
10.2. Communication may include text messages, photographs, videos, voice messages, video messages, and reactions.
10.3. The User independently decides whether to initiate or continue communication, provide additional information about themselves, meet in person, or enter into marriage.
10.4. The Operator is not a party to personal relationships or arrangements between Users.
10.5. Messages and other Content may nevertheless be subject to automated and manual moderation as expressly provided for in this Agreement, the UGC Policy, and the Privacy Policy.
11. RULES OF CONDUCT AND UGC POLICY
11.1. When using Nikahova, the User must comply with this Agreement and the Nikahova User-Generated Content Posting and Moderation Rules (UGC Policy).
11.2. The User must act in good faith, lawfully, and respectfully toward other Users, moderators, employees, and the Operator.
11.3. Threats, stalking, harassment, humiliation, blackmail, fraud, unlawful discrimination, pornographic or explicitly sexual Content, sexual exploitation, human trafficking, promotion of terrorism, unlawful activities, and other Content and conduct prohibited by the UGC Policy and applicable law are prohibited on Nikahova.
11.4. It is prohibited to post intimate materials depicting another person without that person’s consent, demand or extort intimate materials, use such materials for blackmail, or distribute them outside the Service.
11.5. It is prohibited to impersonate another person, use another person’s photographs as one’s own, or infringe third-party intellectual property rights or personal non-property rights.
11.6. It is prohibited to distribute malicious software, spam, or unsolicited bulk messages, or to use Nikahova primarily for advertising or commercial activities unrelated to the purpose of the Service.
11.7. It is prohibited to collect User data on a mass scale, scrape the Service, interfere with its technical operation, circumvent technical restrictions, or obtain unauthorized access to data or infrastructure.
12. CONTACT DETAILS AND MASKING
12.1. Nikahova may automatically detect and mask contact information in communications, Profile text, and posts in the user activity section.
12.2. Links and website addresses, email addresses, usernames and identifiers in the form of @username, long sequences of digits that may constitute telephone numbers, and references to third-party messaging services may be detected and masked.
12.3. People’s names are not automatically masked solely because they are names.
12.4. The User must not intentionally circumvent established restrictions by altering the spelling or formatting of contact details, using images, symbols, or other technical methods.
13. DATING SAFETY
13.1. The Operator does not guarantee the accuracy of all information communicated by one User to another.
13.2. The existence of a Profile on Nikahova does not mean that the Operator has conducted a complete legal, background, financial, medical, religious, or other verification of the relevant User.
13.3. The User independently evaluates information received from another person and makes decisions regarding communication, in-person meetings, and entering into marriage.
13.4. The User should not provide other Users with banking passwords, verification codes, Account access credentials, complete payment details, or other confidential information.
13.5. Nikahova is not intended to facilitate money transfers between Users. Any transfer of funds to another User is made independently by the person concerned and does not constitute a service provided by the Operator.
14. USER CONTENT
14.1. The User retains all rights belonging to the User in Content created and posted by the User.
14.2. By posting Content on Nikahova, the User grants the Operator a non-exclusive, royalty-free right to use such Content solely to the extent necessary for the operation of the Service.
14.3. Such use may include storage, technical reproduction, display, transmission through the functionality provided by the Service, technical conversion, compression, creation of thumbnails, caching, automated processing, and moderation.
14.4. This right shall remain in effect for the period necessary to provide the relevant function and store the Content.
14.5. Upon deletion of the Content or Account, the right of use terminates, except where further processing or storage lawfully continues on an independent legal basis.
14.6. The grant of this right does not provide the Operator with an unconditional right to use photographs, correspondence, or other User Content in advertising for Nikahova. Such use requires a separate legal basis or consent where required by law.
15. CONTENT WARRANTIES
15.1. By posting Content, the User confirms that the User has the right to post it, that such Content does not violate applicable law or third-party rights, and that any necessary consents from persons depicted or mentioned have been obtained where such consents are required.
15.2. The User must not post Content if the User knows, or should reasonably know, that its dissemination would infringe another person’s rights to privacy, image, personal data, confidentiality of communications, honor, dignity, or any other legally protected right.
16. AUTOMATED MODERATION
16.1. Nikahova uses automated technical tools to detect potentially prohibited Content and ensure the security of the Service.
16.2. Automated moderation may be applied to images, text, and video.
16.3. When video is reviewed, including video contained in a Profile, user posts, and video messages, the video may automatically be divided into individual frames, after which the relevant frames are analyzed by the system.
16.4. The automated system may identify potentially prohibited Content, assign it a technical score, mask contact information, and refer material for manual review.
16.5. As of the date of this version, the text toxicity assessment model used by the Service does not independently make final decisions to block a User.
16.6. Automated moderation is carried out in accordance with the Privacy Policy and the UGC Policy.
17. MODERATION OF PRIVATE COMMUNICATIONS
17.1. The User is informed and agrees that photographs and videos sent in private communications may be automatically reviewed by the moderation system for the purposes of detecting potentially prohibited Content and ensuring User safety.
17.2. If the automated system detects indications of a possible violation, the relevant file may automatically be placed in a separate restricted queue for manual review by an authorized moderator.
17.3. Such referral for manual moderation may occur without a prior complaint from a participant in the communication.
17.4. An authorized moderator may review the relevant image, video, and directly related information to the extent necessary to verify compliance with the rules, prevent abuse, and ensure safety.
17.5. In addition to Content being automatically referred for review, moderators and administrators may access the content of communications and attachments when reviewing complaints, investigating violations, ensuring security, and in other cases provided for in the Privacy Policy.
17.6. Moderator access is exercised within the scope of the authority granted to them, and their actions are recorded through the Service’s audit mechanisms.
17.7. The User shall take this moderation feature into account before sending photographs and videos through Nikahova.
18. REPORTING AND BLOCKING
18.1. The User may report another User or their Content using the functions provided by Nikahova.
18.2. The User may block another User using the relevant Service function.
18.3. Submitting a report may result in manual review of the relevant materials by a moderator.
18.4. Abuse of the reporting system, including knowingly submitting false mass reports for the purpose of harming another User, is prohibited.
19. MODERATION MEASURES
19.1. Where a violation is identified, the Operator may, taking into account the nature, severity, recurrence of the violation, and risk to other persons, remove or restrict the visibility of Content, reject its publication, issue a warning to the User, restrict individual functions, temporarily suspend the Account, block the Account, or terminate its use.
19.2. In the event of a serious violation, measures may be taken without prior warning.
19.3. Serious violations include, in particular, use of the Service by a minor, sexual exploitation of minors, credible threats to life or health, blackmail, extortion, fraud, publication of intimate materials without consent, human trafficking, terrorism, systematic harassment, impersonation for the purpose of causing harm, and other material violations of law or safety requirements.
20. APPEALING MODERATION DECISIONS
20.1. If the User believes that a moderation measure has been applied in error, the User may contact Nikahova customer support.
20.2. The User may provide information regarding the disputed decision and circumstances that, in the User’s opinion, should be taken into account.
20.3. The Operator shall review the relevant request taking into account the nature of the violation and applicable law.
20.4. Any rights to further appeal provided by mandatory law in the applicable jurisdiction are not limited by this Agreement.
21. PRIVACY, SCREENSHOTS, AND OTHER USERS’ DATA
21.1. Upon receiving another User’s information through Nikahova, a person must use such information in good faith and only for lawful purposes related to the purpose of the Service.
21.2. Without a lawful basis or the relevant person’s consent, the User is prohibited from copying, publishing, distributing, forwarding to third parties, or posting on social media another person’s Profile, photographs, videos, voice messages, or private communications.
21.3. It is prohibited to disclose another User’s religious beliefs, intimate information, family relationships, information concerning children, or other sensitive information.
21.4. It is prohibited to use stored data, including screenshots, for blackmail, threats, harassment, public humiliation, discrimination, extortion, or otherwise causing harm.
21.5. Violation of this Section may constitute grounds for immediate blocking of the Account.
21.6. The User understands that the technical capabilities of another User’s device may allow screenshots or other independent recording of information.
21.7. The Operator cannot technically guarantee that another User will be unable to independently save information that was lawfully displayed to that User through Nikahova functionality.
21.8. The Operator shall not be liable for another User’s independent unlawful actions involving information obtained by that User in the absence of fault on the part of the Operator as established by law. This provision does not limit any liability that cannot be excluded under applicable law.
22. SEARCH AND MATCHING
22.1. Nikahova uses Profile information, search criteria, and data concerning the User’s interaction with the Service to generate search results and display Profiles.
22.2. The Operator does not guarantee that a particular number of Profiles will be displayed, that any particular person will be displayed, that mutual interest will arise, that a message will be received, that communication will continue, or that marriage will occur.
22.3. Algorithmic results are a tool used in the operation of the Service and do not, in themselves, constitute a recommendation by the Operator to enter into a relationship or marriage with any particular User.
23. PAID FEATURES
23.1. Nikahova may provide both free and paid features.
23.2. The name of a particular paid feature, its content, price, access period, subscription terms, and other material terms shall be provided to the User immediately before the purchase is made.
23.3. An offer to purchase a particular paid feature displayed to the User in the Nikahova interface or on the website, together with the terms of this Section, constitutes an offer to enter into a contract for the relevant paid feature to the extent such contractual structure is permitted by applicable law.
23.4. The contract for the relevant paid feature shall be deemed concluded after the User performs the action provided for by the interface and the relevant payment provider confirms payment.
23.5. By making payment, the User confirms that the User has reviewed the price, duration, content of the feature, subscription terms, and refund rules.
24. PAYMENTS IN THE MOBILE APPLICATION
24.1. Purchases in the Nikahova mobile application are made through the in-app payment mechanisms of the relevant application store.
24.2. On Apple devices, payments within the mobile application are made through the Apple App Store.
24.3. For devices on which the application is distributed through Google Play, payments within the mobile application are made through Google Play.
24.4. The relevant application store independently processes the User’s payment details and establishes the rules governing the transaction, subscription management, and refunds provided by the store.
24.5. Nikahova may receive information necessary to record and confirm a purchase, including the transaction identifier, purchased product identifier, and purchase or subscription status.
24.6. The User must also comply with the mandatory terms of the relevant application store.
25. WEBSITE PAYMENTS
25.1. Where paid features may be purchased through the nikahova.app website, payment may be made using Stripe.
25.2. Stripe independently processes the User’s payment details in accordance with its own terms.
25.3. Nikahova may receive information necessary to confirm payment and provide the paid feature.
25.4. Stripe is not used as a payment method within the mobile application where the purchase is technically processed through the application store’s in-app payment system.
26. SUBSCRIPTIONS
26.1. Where the User is offered an automatically renewing subscription, information concerning its price, subscription period, included features, and automatic renewal shall be provided to the User before the subscription is purchased.
26.2. The subscription shall renew in accordance with the terms displayed to the User before purchase and the rules of the relevant payment platform.
26.3. A subscription purchased through the App Store or Google Play is managed through the relevant application store account.
26.4. Uninstalling the mobile application from a device or deleting a Nikahova Account does not, in itself, automatically terminate a subscription purchased through an application store where the relevant store’s rules require the User to cancel the subscription separately.
26.5. If the User wishes to stop future charges, the User must independently disable automatic renewal through the relevant application store.
27. SUBSCRIPTION NOTICES AND OTHER PUSH NOTIFICATIONS
27.1. Nikahova may send service notifications relating to the Account, messages, User interactions, and payments.
27.2. In particular, the User may receive a reminder regarding an upcoming charge for automatic subscription renewal.
27.3. Nikahova may also send notifications concerning received expressions of interest and notifications intended to encourage an inactive User to return to the Service.
27.4. In jurisdictions where particular notifications are classified as electronic marketing, such notifications shall be sent only where there is a legal basis required by law and an appropriate means of opting out.
27.5. The User may manage individual categories of notifications through the available Nikahova settings and the device’s system settings, including the notification settings and “Do Not Disturb” mode provided by the Service.
28. REFUNDS
28.1. The availability and procedure for refunds depend on the payment method, the relevant application store or payment provider, the nature of the purchased feature, and mandatory requirements of applicable law.
28.2. Where payment was made through the Apple App Store or Google Play, a refund request may be reviewed by the relevant store in accordance with its procedures.
28.3. Where payment was made through the website using Stripe, the refund procedure is governed by the terms of the particular purchase, this Agreement, and mandatory applicable law.
28.4. Nothing in this Agreement limits any mandatory consumer rights of the User that cannot be excluded by agreement between the parties.
29. NO GUARANTEE OF RESULTS
29.1. Nikahova is a technical service for searching for and interacting with Users.
29.2. The Operator does not guarantee the availability of a suitable User, mutual interest, receipt of a response, continuation of communication, an in-person meeting, the accuracy of all statements made by another User, engagement, marriage or nikah, the duration of a marriage, or another person’s conformity with the User’s expectations.
29.3. All decisions concerning communication, in-person meetings, forming a family, and entering into marriage are made independently by the Users.
30. RELATIONSHIPS BETWEEN USERS
30.1. The Operator is not a party to personal arrangements between Users, promises to marry, family or property relationships, transfers of money, in-person meetings, or disputes arising between Users outside the performance of the Operator’s own obligations.
30.2. This provision does not release the Operator from any obligations or liability expressly imposed by applicable law.
31. INTELLECTUAL PROPERTY
31.1. The software code, design, interface, graphics, trademarks and other commercial designations, proprietary texts, database elements, and other intellectual property associated with Nikahova belong to the Operator or are lawfully used by the Operator.
31.2. The User is granted a limited, personal, non-exclusive, and non-transferable right to use Nikahova functionality for personal, non-commercial purposes.
31.3. Without a lawful basis, the User may not copy software code, sell or transfer access to the Service, unlawfully use Nikahova trademarks or other commercial designations, create derivative services, or take other actions infringing exclusive rights.
31.4. Nothing in this Section limits any rights expressly granted to the User by mandatory law.
32. OPERATION AND MODIFICATION OF THE SERVICE
32.1. The Operator takes reasonable measures to maintain the operability of Nikahova but does not guarantee the absolute or uninterrupted availability of the Service.
32.2. Nikahova may be temporarily unavailable due to maintenance, updates, equipment failure, operation of third-party providers, communication failures, actions of public authorities, force majeure events, or other technical reasons.
32.3. As the Service develops, the Operator may add, modify, or discontinue support for individual features and may modify the interface or technical restrictions.
32.4. Where a change materially affects a paid feature already purchased by the User, the terms of the relevant purchase and mandatory legal requirements shall be observed.
33. ACCOUNT DELETION INITIATED BY THE USER
33.1. The User may independently initiate deletion of the Account through the relevant Nikahova functionality.
33.2. After such a request is submitted, the Account is deactivated and a 30-day waiting period begins.
33.3. Where the deletion request was submitted by the User, logging in again during that period cancels the request and restores the Account in accordance with the technical operation of the Service.
33.4. Upon expiry of the 30-day period, data shall be deleted to the extent and in the manner set out in the Privacy Policy.
33.5. Certain information may be retained after deletion only where there is an independent lawful basis for such retention and only for the applicable retention period.
34. ACCOUNT DELETION AND TERMINATION OF ACCESS INITIATED BY THE OPERATOR
34.1. The Operator may restrict, suspend, block, or terminate an Account in the event of a violation of the User Agreement or UGC Policy, a security threat, unlawful activity, fraud, attempted unauthorized access, a requirement of a competent authority, or other grounds provided by law or this Agreement.
34.2. Where deletion or termination of the Account is initiated by the Operator due to a violation, the User’s subsequent login does not automatically reverse that decision.
34.3. An Account terminated by the Operator due to a violation may be restored only by the Operator, taking into account the outcome of the review of the decision and applicable law.
34.4. The User may appeal the decision in accordance with the procedure provided for in this Agreement.
35. PERSONAL DATA AND CONSENTS
35.1. The processing of personal data is governed by the Nikahova Privacy Policy.
35.2. This Agreement does not constitute consent to the processing of special categories of personal data where applicable law requires separate consent.
35.3. Where required by law, the Consent to the Processing of Personal Data, Consent to the Processing of Special Categories of Personal Data, Consent to the Processing of Personal Data Authorized for Dissemination, and consent to marketing communications shall be obtained separately.
35.4. The User must be given an opportunity to review the relevant documents before providing consent.
35.5. The provisions of this Agreement, the Privacy Policy, the applicable consents, and the UGC Policy shall be interpreted together to the extent that they govern the relevant relationships.
36. GOVERNMENT AND LAW ENFORCEMENT AUTHORITIES
36.1. The Operator may disclose information in its possession to a government authority, court, or law enforcement authority only where there is a lawful and duly issued request or another basis provided by law.
36.2. The Operator may verify the competence of the requesting person or authority, the legal validity of the request, and its scope.
36.3. When complying with a lawful request, only the amount of information necessary to comply with such request shall be disclosed.
36.4. Where a request is excessively broad, insufficiently documented, or inconsistent with law, the Operator may request clarification, challenge the request, or refuse to provide information where permitted by law.
36.5. Where the law permits the User to be notified of a request and such notification is not prohibited by a competent authority, the Operator may notify the User.
37. USER LIABILITY
37.1. The User is responsible for the lawfulness of Content created and posted by the User, the accuracy of information provided, the lawfulness of providing third-party data, respect for the rights of other persons, the User’s actions when interacting with other Users, safeguarding Account access credentials, and compliance with this Agreement and the UGC Policy.
37.2. If the User’s actions cause harm to another person or violate the law, liability shall be determined in accordance with applicable law.
38. OPERATOR LIABILITY
38.1. The Operator shall be liable to the extent established by applicable law.
38.2. The mere fact that a person has registered with Nikahova does not mean that the Operator assumes responsibility for any actions of that person.
38.3. The Operator shall not be liable for Users’ independent actions outside the Service or for the consequences of voluntary in-person meetings and arrangements between them in the absence of fault on the part of the Operator as established by law.
38.4. The Operator cannot guarantee the absolute accuracy of every Profile, the absence of unlawful conduct by another User, or the impossibility of another User technically saving information displayed to that User.
38.5. This Agreement does not exclude or limit any liability of the Operator that cannot be excluded or limited under mandatory applicable law.
39. CONSUMER RIGHTS
39.1. Where the User is a consumer, the User retains all mandatory rights granted by applicable law.
39.2. This Agreement shall not be construed as a waiver of any mandatory right to receive information, to receive services of appropriate quality, to withdraw from a contract, to obtain a refund in cases provided by law, to bring proceedings before a court, or to exercise any other mandatory remedy.
40. USERS IN THE RUSSIAN FEDERATION
40.1. Where the laws of the Russian Federation apply to the relationship, such relationship shall be governed taking into account the Civil Code of the Russian Federation, the Law of the Russian Federation “On Consumer Rights Protection” where applicable, Federal Law No. 152-FZ “On Personal Data,” Federal Law No. 149-FZ “On Information, Information Technologies and Information Protection,” and other mandatory regulatory acts.
40.2. A User who is a consumer retains the right to withdraw from a service agreement in the cases and subject to the conditions provided by applicable law.
40.3. The provisions of this Agreement do not replace the requirements of Russian law concerning special categories of personal data, written or other mandatory forms of consent, or the processing of personal data authorized by the data subject for dissemination.
41. USERS IN THE EU AND EEA
41.1. Where mandatory law of the European Union or the relevant Member State applies to the relationship, the User’s mandatory rights shall remain unaffected by this Agreement.
41.2. Content restrictions, moderation rules, and measures relating to Accounts shall be applied taking into account the relevant requirements of EU law.
41.3. Where applicable law requires the User to be provided with a statement of reasons for restricting Content or an Account and an opportunity to challenge such restriction, the Operator shall provide the relevant information and an appeal mechanism.
42. USERS IN THE UNITED KINGDOM
42.1. Users in the United Kingdom retain all mandatory rights granted under applicable UK law.
42.2. This Agreement does not exclude any liability that cannot be excluded by contract.
42.3. Electronic marketing communications shall be carried out in accordance with the mandatory requirements of applicable UK law.
43. USERS IN THE UNITED STATES
43.1. For Users in the United States, this Agreement shall apply subject to mandatory federal law and the laws of the relevant state.
43.2. Where applicable law grants the User mandatory rights that cannot be waived by contract, such rights shall remain unaffected by the provisions of this Agreement.
44. APP STORE AND GOOGLE PLAY TERMS
44.1. If the Nikahova mobile application is obtained through the Apple App Store, this Agreement is entered into between the User and the Operator, and not between the User and Apple.
44.2. The Operator, and not Apple, is responsible for Nikahova, its content, maintenance, and support to the extent required by applicable law, except for obligations expressly assumed by Apple under its own terms.
44.3. If the application is obtained through Google Play, the User must also comply with the applicable Google Play rules and terms.
44.4. Purchases and subscriptions made through the Apple App Store and Google Play are also governed by the applicable rules of the relevant application store.
44.5. Where the relevant application store’s standard software license agreement applies to the software license, it shall apply, to the relevant extent, alongside this Agreement.
44.6. This Agreement does not grant the User any right to use the application in a manner contrary to the mandatory terms of the platform through which it is distributed.
45. GOVERNING LAW
45.1. This Agreement shall be governed by the laws of the Russian Federation to the extent that otherwise does not follow from mandatory provisions of law applicable to the particular User.
45.2. The choice of the laws of the Russian Federation does not deprive the User of mandatory protection afforded by the laws of the User’s country of residence where such protection cannot be waived by agreement between the parties.
46. DISPUTE RESOLUTION
46.1. In the event of a dispute, the User may first contact the Operator using the contact details specified in this Agreement.
46.2. If the dispute is not resolved, it shall be determined by a court of competent jurisdiction in accordance with applicable rules of jurisdiction and venue.
46.3. Where consumer protection law grants the User a mandatory right to choose the competent court, this Agreement does not restrict that right.
47. AMENDMENTS TO THE AGREEMENT
47.1. The Operator may amend this Agreement where there are changes to applicable law, Nikahova functionality, moderation methods, payment mechanisms, security rules, infrastructure, or application store requirements.
47.2. The current version shall be published on nikahova.app and made available through the Service.
47.3. Where the terms are materially amended, the Operator shall notify the User in the cases and manner required by applicable law.
47.4. Where an amendment requires the User’s new and separate consent, the relevant new processing operation or function shall not apply to that User until such consent has been obtained.
48. SEVERABILITY
48.1. If any individual provision of this Agreement is held to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
48.2. An invalid provision shall apply to the maximum extent permitted by law or shall be replaced by the relevant mandatory provision of applicable law.
49. RELATIONSHIP WITH OTHER DOCUMENTS
49.1. This Agreement shall apply together with the Nikahova Privacy Policy, the Nikahova User-Generated Content Posting and Moderation Rules (UGC Policy), the Consent to the Processing of Personal Data, the separate Consent to the Processing of Special Categories of Personal Data, the Consent to the Processing of Personal Data Authorized for Dissemination, the terms applicable to a particular purchase or subscription, and other applicable documents.
49.2. In the event of a conflict between this Agreement and a mandatory provision of law, the mandatory provision of law shall prevail.
49.3. In the event of any inconsistency between this Agreement and the terms applicable to a particular paid feature, the specific terms of the relevant purchase shall apply to that purchase to the extent that they do not infringe the User’s mandatory rights.
49.4. All Nikahova documents must use consistent definitions of the Operator, Service, Content, moderation rules, paid features, Account deletion, and personal data.
50. ACCEPTANCE OF THE AGREEMENT
50.1. Before completing registration, the User shall be given an opportunity to review this Agreement, the Privacy Policy, and the Nikahova User-Generated Content Posting and Moderation Rules.
50.2. Acceptance of this Agreement shall be expressed by an independent affirmative action taken by the User through the Service interface.
50.3. A pre-ticked checkbox, silence, or inaction shall not be used as evidence of acceptance where applicable law requires affirmative consent.
50.4. Separate consents to the processing of personal data, processing of special categories of personal data, dissemination of personal data, marketing communications, and other processing operations shall be obtained separately where required by law.
50.5. The Operator may record the date, time, version of this Agreement, and the fact of the User’s affirmative acceptance for the purposes of evidencing the conclusion of the contract and compliance with legal requirements.