Last updated July 30, 2022
Please read the following Terms and Conditions carefully. If you do not agree with these terms governing your relationship with Shanasai, you should not use the Shanasai applications, websites, or other software or technology products.
This Agreement constitutes a legally binding agreement (the “Agreement”) between you and Shanasai, LLC (“Shanasai,” “we,” “us” or “our”), governing your use of our keyboard application extension, applications, websites, and/or other software or technology products available through https://matnsaz.net/, including any and all subdomains or subdirectories thereof, and available through mobile, desktop, or device applications (“Matnsaz”), and all developer accounts connected to Shanasai or the Shanasai URL accessed through the iOS App Store, the Google Play Store, or any other method for the distribution of software applications (collectively, “Matnsaz”). We provide Matnsaz to Users and provide services helpful to or adjacent to Matnsaz (the “Services”).
By entering into this Agreement, and/or by using or accessing Matnsaz, you expressly acknowledge that you are at least 18 years of age, or if you are under 18 years of age but are at least 16 years old (a “Minor”), that you are using Matnsaz with the consent of your parent or legal guardian and you have receive your parent’s or legal guardian’s permission to use the Site and agree to its terms. If you are a parent or legal guardian of a minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 16 years old, you may not use the Site at any time or in any manner or submit information to the Company or the Site. You understand this Agreement (including the dispute resolution and arbitration provisions in Section 16) and the Privacy Policy (the "Privacy Policy") available at https://matnsaz.net/en/privacy-policy and accept all of their respective terms. The Privacy Policy is incorporated by reference into this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT USE OR ACCESS MATNSAZ.
1. Who may use Matnsaz
By your access and usage of Matnsaz, you represent and warrant that (i) you are eligible to form legally binding contracts under the applicable laws, (ii) your access and usage of Matnsaz is not in violation of any applicable law, and (iii) you are not subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority that is inconsistent with the terms and conditions of this Agreement. We reserve the right to revoke your access to Matnsaz and refuse to provide you with access to the same if any fact contrary to the above comes to our notice or is brought to our attention.
2. Modification to the Agreement
Shanasai reserves the right to modify any information in this Agreement and referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of Matnsaz or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
3. Eligibility and Status
To be eligible to use our Services, you must meet the following criteria:
You must have legal capacity to form a binding contract.
You must comply with any and all regulations to which you are subject.
You must comply with all regulations related to the provision of related Services in your state and/or local jurisdiction.
Notwithstanding the foregoing, Shanasai reserves the right to restrict access to the Services to any person or persons at any time, at Shanasai’s sole discretion. User security is of prime importance to us – which is why we urge in addition, that parents or guardians of any minors be aware that the App and the Services are designed to appeal to a broader audience. If you are a parent of a User who is a minor, we urge you that it is your responsibility to determine whether any portion of the Services are inappropriate for your child. If the law in your country requires that you must be older or younger in order for Shanasai to lawfully provide Matnsaz to you without parental consent (including using of your personal data) then your minimum age is to be determined accordingly.
4. Access
By purchasing, using, or availing yourself of Matnsaz, you agree to the following terms and conditions.
You also understand and hereby acknowledge the following:
Shansai may change, suspend, restrict, terminate or revoke the rights to access Matnsaz and Services at any time without notice or liability for damages, expenses, losses or claims in such regard.
If we terminate or suspend your access to Matnsaz, your license to use any software or content provided in connection with the use of the App is also terminated or suspended (as applicable). If your access is terminated, Shanasai has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.
5. Payment
You may be asked to provide a payment method (such as a credit, charge or debit card number) through third-party vendor in order to use Matnsaz, along with other payment-related information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You acknowledge and agree that neither Shanasai, nor any Shanasai agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by this Agreement.
You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
No refunds or credits will be provided once your payment information has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made.
6. Prohibited Uses; Reporting Abuse
Without limitation, while using Matnsaz, Users may not:
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information, including not to incite violence, hate or harm.
Use Matnsaz for any purpose in violation of local, state, national, or international law, including violation of intellectual property law.
Take steps likely to cause harm to Matnsaz technology, its servers, or connected networks in any way.
Unlawfully use the intellectual property of Matnsaz including by adaping, altering, licensing, sublicensing or translating the Matnsaz for unauthorized personal or commercial use.
BY USING MATNSAZ, YOU AGREE TO REPORT ANY ALLEGED IMPROPRIETIES OF ANY USERS TO SHANASAI IMMEDIATELY VIA ELECTRONIC CORRESPONDENCE. IN THE EVENT THAT ANY ALLEGATION OF IMPROPER CONDUCT BY ANY USER IN VIOLATION OF THESE TERMS OR OF APPLICABLE LAW, SHANASAI MAY TAKE ALL AVAILABLE ACTIONS TO IMMEDIATELY SUSPEND THE ACCESS OF SUCH USER PENDING A FULL INVESTIGATION INTO ALLEGATIONS.
7. Privacy
All Users are subject to our Privacy Policy which can be found at https://matnsaz.net/en/privacy-policy.
"Personal Information" is defined as any information and materials that you provide to Shanasai or other Users in connection with your registration for and use of the Matnsaz.
Please review the Privacy Policy to learn about:
What information we may collect about you;
What we use that information for; and
With whom we share that information.
8. Termination and Suspension
Shanasai may terminate or suspend your right to use Matnsaz at any time for any or no reason, with or without notice. Shanasai is not obligated to provide you with an explanation for suspension or termination.
In addition to terminating or suspending your access, Shanasai reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
By using Matnsaz and/or Services, you agree that Shanasai may assess, and you will be obligated to pay, $10,000 per each day that you mis-use or mis-appropriate Matnsaz content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights Shanasai may have under this Agreement or applicable law. Further, in order to protect the integrity of Matnsaz and the Services, Shanasai reserves the right at any time in its sole discretion to block users from accessing Matnsaz.
Even after your right to use Matnsaz is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of Matnsaz. All sections which, (a) expressly survive termination of this agreement, (b) apply to activities that may be conducted without access to Matnsaz, or (c) by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
9. Links to Other Websites
Links (such as hyperlinks) from Matnsaz to other sites on the Web do not constitute the endorsement by Shanasai of those sites or their content. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by this Agreement or the Privacy Policy. You access such third-party websites at your own risk. Shanasai expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Matnsaz. You hereby agree to hold Shanasai harmless from any liability that may result from the use of third-party content.
10. Intellectual Property Rights
For the limited purpose of access and usage of the Matnsaz, you are granted with a personal, non-exclusive, revocable, and non-transferable license. You understand that mere access to or usage of the Matnsaz does not confer upon you any proprietary rights to the Content.
Your suggestions to Shanasai (“Feedback”) is regarded as transferring all rights of Feedback; Shanasai has the right to use the Feedback in any appropriate method. We also consider this feedback unclassified and non-exclusive. You agree to assign and do hereby assign all rights to Feedback entirely to Shanasai. You represent and warrant that you possess all necessary rights to use the content that you submit to Matnsaz and that use of such content does not violate this Agreement. You will bear sole responsibility and liability in relation to any content, data or information including but not limited to photos, messages, text, music, sounds, video and any questions, comments, suggestions, feedback or other such information that you submit, post, distribute, disseminate, upload, link to or make available on Matnsaz in any manner without limitation and any communication that you make through Matnsaz.
The service marks and trademarks of Shanasai, including without limitation the word Shanasai, the word Matnsaz, and the Shanasai and Matnsaz logos, are service marks and trademarks owned by Shanasai. Any other trademarks, service marks, logos and/or trade names appearing via Matnsazsāz are the property of their respective owners.
11. Copyright Complaints and Copyright Agent
Shanasai respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with Matnsaz infringe upon your copyright or other intellectual property right, please send the following information to Shanasai’s Copyright Agent at:
Shanasai, LLC
522 W RIVERSIDE AVE STE N,
SPOKANE, WA, 99201-0580,
UNITED STATES
contact@shanasai.net
12. Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. DESPITE SHANASAI’S EFFORTS TO MAINTAIN AND IMPROVE AN EXCEPTIONAL USER EXPERIENCE, MANY QUALITIES REMAIN OUT OF OUR CONTROL.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHANASAI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. SHANASAI DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER SHANASAI NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER SHANASAI NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. ANY SCREENING OF A USER AND HIS, HER OR ITS INFORMATION BY SHANASAI IS LIMITED AND SHOULD NOT BE TAKEN AS COMPLETE, ACCURATE, UP-TO-DATE OR CONCLUSIVE OF THE INDIVIDUAL'S OR ENTITY'S SUITABILITY AS A PROVIDER OF SERVICES.
DESPITE OUR BEST EFFORTS AND THE IMPORTANCE WE PLACE ON YOUR PRIVACY, SHANASAI AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
13. No Liability
Shanasai is not responsible for the conduct, whether online or offline, of any User of Matnsaz or Services. Moreover, Shanasai does not assume and expressly disclaims any liability that may result from the use of information provided on Matnsaz. All Users hereby expressly agree not to hold Shanasai (or Shanasai’ officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter "Affiliates") liable for the actions or inactions of any User or other third party or for any information, instruction, advice or services which originated through Matnsaz, and, to the maximum extent permissible under applicable law, Shanasai and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
YOU ACKNOWLEDGE AND AGREE THAT SHANASAI IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD SHANASAI, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SHANASAI OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL SHANASAI, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY POLICY OR MATNSAZ MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Indemnification
You hereby agree to indemnify, defend, and hold harmless Shanasai, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use Matnsaz, or (ii) any content submitted by you or using your access to Matnsaz, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Shanasai reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Shanasai.
15. Dispute Resolution and Arbitration Agreement
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
16. Governing Law
You and Shanasai agree that if any portion of Section 16 titled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed, and the remainder of the section will be given full force and effect. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the United States, in particular the state of Washington, without regard to choice of law principles.
17. Geographic Restrictions
Shanasai is based in the state of Washington in the United States. We make no claims that Matnsaz or any of its content is accessible or appropriate outside of the United States. Access to Matnsaz may not be legal by certain persons or in certain countries. If you access Matnsaz from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18. General Provisions
Failure by Shanasai to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right, will be governed by and construed in accordance with the laws of the state of Washington, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Shanasai with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Shanasai, its successors and assigns.
19. Changes to this Agreement and Matnsaz
Shanasai reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, Matnsaz or any content or information through Matnsaz at any time, effective with or without prior notice and without any liability to Shanasai. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, Matnsaz. Your continued use of Matnsaz following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Shanasai may change, modify, suspend, or discontinue any aspect of Matnsaz at any time without notice or liability. Shanasai may also impose limits on certain features or restrict your access to parts or all of Matnsaz without notice or liability.
Previous changes to this document:
July 30, 2022: First published
Nov 10, 2023: For simplification, an accent was removed from the app name
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.