TERMS OF USE

1. Scope of Services and Definitions

ADRPT Platform (hereinafter referred to as the Platform), owned by ADRPT Advertising and Marketing Company, Commercial Registration No. (535920), is a platform specialized in technical intermediary services. The Platform aims to connect brands with their target audience through advanced technological tools while maintaining full compliance with user privacy protection requirements in accordance with the General Data Protection Regulation (GDPR) and the local regulations issued by the Communications and Information Technology Regulatory Authority (CITRA) to ensure transparency and security.

The Platform enables any merchant duly registered with the Ministry of Commerce and Industry of the State of Kuwait to distribute rewards and discounts to users in exchange for genuine and verified engagement with their advertisements.

All parties acknowledge and agree that the Platform’s role is strictly limited to that of a technical intermediary providing the infrastructure and analytical tools necessary to connect promotional offers with users. The Platform shall not be deemed a party to any commercial relationship between the Merchant and the User and shall bear no responsibility whatsoever for the content of advertisements, the quality of advertised products or services, or the validity of the commercial licenses of the advertising entities.

2. Information Available on the Platform

All information and data made available through the Platform are provided solely for digital advertising and promotional purposes. Although the Platform exercises reasonable care to ensure the accuracy, validity, and periodic updating of such information, all information is provided on an as is basis without any express or implied warranties regarding its completeness, accuracy, or timeliness.

The Platform further acknowledges that a substantial portion of the content is uploaded and provided by Merchants and is not subject to prior review or direct supervision. Accordingly, the merchant bears full responsibility for verifying the accuracy and reliability of such information.

Accordingly, the Platform, its management, employees, and representatives shall not be liable for any legal liability, claim, compensation, direct loss, indirect loss, damage, or consequential damage arising from the use of the Platform or reliance on any information contained therein.

3. User Data and Personal Accounts

The Platform shall have the right to collect the data necessary for operating the service and securing the User’s account, including, without limitation: name, username, mobile number, email address, gender, age, login credentials, geographic location, device identifier, and usage history.

The User expressly acknowledges and consents to the collection of such data for the purposes of documenting coupon redemption activities, preventing fraudulent activities, and improving the accuracy and relevance of suggested offers.

The Platform undertakes not to sell or disclose the User’s contact information to third parties or Merchants except to the extent technically necessary to complete a discount transaction or verify the validity of a transaction. The User shall remain solely responsible for maintaining the confidentiality of their account credentials and all activities conducted through their account.

The Platform is committed to implementing the highest technical and organizational security standards to protect data against unauthorized access, breaches, or misuse through advanced encryption technologies, secure cloud storage systems, and continuous monitoring of administrative systems in compliance with international standards, including GDPR, and the applicable laws of the State of Kuwait.

Notwithstanding the foregoing, and while maintaining the highest available levels of protection, the User acknowledges that the Platform shall not be liable for any security breach resulting from force majeure events beyond its reasonable technical control or from the User’s failure to adequately safeguard their account information. In the event of a significant security incident, the Platform shall notify affected individuals and the competent authorities in accordance with applicable legal timeframes and requirements.

4. Purpose of Data Processing and Nature of Analytical Services

The User acknowledges that data processing within the Platform is carried out for purposes including account management, advertising campaign performance analysis, and cybersecurity protection against fraud.

Such data may also be used to verify Verified Viewing activities to ensure eligibility for coupons and rewards and to enhance the overall user experience.

The Platform further provides Merchants with reports and analytical tools enabling them to monitor offer performance, engagement rates, and compliance metrics. Such indicators are processed under strict confidentiality standards using advanced encryption technologies. The Platform strictly prohibits the sale or sharing of any personal data with third parties for commercial gain without the User’s explicit consent.

To ensure the integrity of the rewards system, the Platform may request access to the User’s camera for the purpose of Verified Viewing validation. The User acknowledges that any such processing is conducted on a temporary and real-time basis solely for verification purposes and that no facial images or videos of the User are recorded, stored, or retrievable from the Platform’s servers.

Acceptance of these Terms constitutes the User’s explicit and prior consent to the activation of biometric verification technology for reward eligibility purposes. The User retains the full and permanent right to deny camera access through their device settings. In such case, the User acknowledges that reward programs dependent upon Verified Viewing technology will not be available, without affecting access to the Platform’s other core services.

The Platform may retain activity logs and non-biometric data following account closure for such periods as may be required by law for regulatory compliance, financial auditing purposes, or disclosure to competent legal authorities in the State of Kuwait upon official request.

5. Independence of Transactions and Limitation of Responsibility

The User acknowledges and agrees that the Platform, the Merchant, and the User are independent legal and contractual parties. All commercial transactions and dealings are conducted directly between the Merchant and the User, and the Platform’s role is limited solely to acting as a technical intermediary connecting the parties.

Accordingly, the Platform provides Merchants with a dedicated dashboard through which they may manage and analyze their offers. The User acknowledges that the Platform’s role in this regard is limited to providing technical and analytical tools that enable Merchants to efficiently manage their offers without any involvement in the commercial or administrative decisions made by the Merchant through its dashboard. The Merchant shall remain responsible for compliance with all brand requirements and consumer protection laws as a condition for maintaining its technical subscription to the Platform.

The Platform expressly disclaims all responsibility and liability for any disputes, claims, or complaints relating to, including but not limited to, product quality, service levels, compliance with discount percentages stated in coupons, refunds, product returns and exchanges, customer satisfaction, or inventory availability required to fulfill promotional offers.

All rights arising from purchases or coupon redemption shall remain the sole responsibility of the Merchant in accordance with the consumer protection laws applicable in the State of Kuwait.

Accordingly, the User hereby releases the Platform from any liability, compensation claim, or legal responsibility arising from stock shortages, refusal of delivery, or any dispute with a store resulting from the use of advertised offers, acknowledging that any legal claim concerning commercial rights may only be asserted against the provider of the relevant goods or services, namely the Merchant.

The User further acknowledges that any dispute arising between the Merchant and the Platform regarding financial transactions, verified views, or any technical or contractual matters shall be governed exclusively by the Merchant Terms and Conditions governing their relationship. The User shall have no right or standing to intervene in such disputes or claim any outcome arising therefrom. This provision shall not prejudice the User’s right to report any Merchant’s failure to fulfill its obligations pursuant to the Coupon Authenticity clause contained in these Terms.

6. Access to External Links

The Platform may contain links to websites or platforms operated by third parties that are not under the Platform’s control or supervision. Accordingly, the User acknowledges that the Platform assumes no responsibility whatsoever for the content, accuracy, or privacy practices of such external websites or platforms.

The Platform further disclaims all liability for any damages suffered by the User as a result of accessing or using such links, including cases where the links are inactive, misleading, fraudulent, or contain malicious software or viruses. The User shall bear sole responsibility for verifying the security and reliability of any external website before interacting with it.

Accordingly, the inclusion of any external link within the Platform shall not constitute an endorsement, approval, recommendation, or sponsorship of the content, products, or services available through such external websites. The User hereby releases the Platform from any legal claims, liabilities, or compensation arising from any interaction or transaction conducted through such third-party websites.

7. Service Availability

The Platform shall use its best professional efforts to ensure service availability and operational continuity. However, the Platform does not guarantee uninterrupted availability or complete freedom from technical failures.

The User and Merchant acknowledge that digital services may require temporary interruptions for routine maintenance, security updates, or circumstances beyond the Platform’s reasonable control, including, without limitation, international internet network failures or hosting server outages.

Accordingly, the Platform shall not be liable for any compensation, direct loss, indirect loss, consequential damages, or loss of profits resulting from service interruptions, downtime, or temporary unavailability.

Furthermore, any attempt to compromise system security, exploit software vulnerabilities, conduct reverse engineering activities, or otherwise interfere with the Platform’s systems shall constitute a material breach of these Terms and shall entitle the Platform, at its sole discretion, to immediately and permanently suspend or terminate the offending account without prior notice.

The Platform reserves all rights to pursue legal action and seek compensation for any material or moral damages arising from such acts in accordance with the laws and regulations applicable in the State of Kuwait.

8. Coupon Authenticity

The Merchant offers coupons and digital discounts through the Platform, which are issued exclusively by merchants and commercial establishments duly registered with the Ministry of Commerce and Industry in the State of Kuwait. The User acknowledges that all offers and discounts are subject to the Ministry’s oversight and consumer protection regulations, and that the advertising Merchant bears sole responsibility for obtaining all required legal licenses and complying with the regulations governing promotional offers.

The Platform utilizes technological tools such as Quick Response (QR) codes and digital verification codes as conclusive evidence of the User’s entitlement to an offer. The Merchant shall recognize and honor such verification methods and apply the relevant discount upon their successful presentation through the Platform. The Platform shall not be liable for any verification failure resulting from malfunctions in the User’s device, the Merchant’s systems, or the expiration of the verification code.

Each User may hold a maximum of five (5) active coupons at any given time. In order to claim a new coupon, the User must relinquish one of the coupons currently stored in their wallet.

The User acknowledges and agrees that the Platform serves solely as a technical intermediary connecting the User and the Merchant and is not a party to any offer made through the Platform. Accordingly, the Merchant bears the sole and exclusive responsibility for the validity of offers, product quality, coupon validity, and the provision of the agreed discounts. The Merchant shall also be solely responsible for obtaining all required regulatory approvals and licenses before publishing any offer. The Platform shall not bear any legal or financial liability arising from the Merchant’s failure to fulfill its obligations or refusal to honor a coupon issued by it.

The User further acknowledges that all prices and discounts displayed on the Platform are determined exclusively by the Merchant, who remains solely responsible for ensuring their accuracy and consistency with actual market prices. The Platform neither guarantees nor assumes responsibility for any price manipulation, misleading discount representations, or inaccuracies regarding eligibility requirements. Any complaint concerning misleading advertisements shall be directed to the advertising Merchant, who remains responsible for compliance with applicable consumer protection laws.

In the event of any dispute preventing the Merchant from fulfilling its obligations, the User may submit a report through the designated channels available on the Platform. The Platform may take the administrative measures available to it against the Merchant in accordance with the governing arrangements between the Platform and the Merchant. The User shall provide any supporting documents reasonably requested for verification purposes. Nothing herein shall prejudice the User’s right to seek recourse before the competent regulatory authorities or courts directly against the Merchant, who remains solely responsible for honoring the advertised offer.

9. Intellectual Property and Innovation Protection

All ADRPT technologies, including without limitation its systems, software, analytical frameworks, Verified Viewing verification algorithms, platform architecture, interfaces, source code, and related technologies, constitute the exclusive intellectual property of the Platform and are protected under the intellectual property, copyright, trademark, and patent laws applicable in the State of Kuwait, as well as relevant international treaties and conventions.

Accordingly, users, merchants, and third parties are strictly prohibited from reproducing, copying, distributing, reverse engineering, decompiling, disassembling, extracting data from, or otherwise attempting to exploit any component of the Platform. Furthermore, the use of the Platform’s name, logo, trademarks, branding, or visual identity in any commercial activity is prohibited without the Platform’s prior written authorization.

Use of the Platform constitutes acknowledgment of and commitment to respecting such intellectual property rights and an undertaking not to exploit them in any manner that may harm the Platform, its market value, or its commercial reputation.

The User acknowledges that any infringement of such rights, theft of technical concepts, exploitation of software vulnerabilities, or misappropriation of the Platform’s trade secrets may result in direct civil and criminal proceedings, without prejudice to the Platform’s right to claim full compensation for all damages arising from such infringement as permitted by applicable law.

10. Lawful Use

The Platform may not be used for any unlawful, misleading, fraudulent, privacy-infringing, or intellectual property-infringing purpose, nor for any activity that may adversely affect public morals, the Platform’s technical infrastructure, or information security systems.

Prohibited activities include, without limitation, technical manipulation, sabotage, reverse engineering, publication of false, inaccurate, or misleading information, transmission of offensive or inappropriate content, defamation of any person or entity, unauthorized access attempts, hacking activities, or attempts to gain unauthorized access to databases or systems.

The Platform shall have the sole and absolute discretion to determine the nature and severity of violations for the purpose of protecting the security, integrity, and credibility of the Platform. Accordingly, the Platform reserves the unrestricted right to restrict, suspend, or terminate access to the Platform immediately upon detecting any misuse, suspicious activity, or violation of these Terms.

The Platform may also impose additional verification requirements to confirm a User’s identity and ensure compliance with applicable legal and security standards. The Platform further reserves all rights to pursue legal remedies against any conduct that jeopardizes the safety, security, or interests of the Platform or its users.

11. Limitation of Liability

The User acknowledges and agrees that all use of the Platform and its services is undertaken solely at the User’s own risk. Accordingly, the Platform shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to the use of, or inability to access or use, the Platform.

The User further acknowledges and agrees that all information, data, advertisements, and offers made available through the Platform originate solely from the Merchant. The Platform assumes no responsibility for the accuracy, legality, reliability, or completeness of such information, as its role is limited to that of a technical intermediary connecting Users and Merchants, without providing any warranties regarding advertising content or the quality of associated products or services.

12. Indemnification

By using the Platform, the User expressly agrees to indemnify, defend, and hold harmless the Platform, its directors, officers, employees, agents, and representatives from and against any and all losses, damages, claims, liabilities, costs, and expenses, including reasonable legal fees and court expenses, arising out of or related to the User’s unlawful use of the Platform, breach of these Terms of Use, violation of any third-party rights, or violation of any applicable laws or regulations.

The User further acknowledges full responsibility for any act or omission attributable to them that causes technical, financial, reputational, or other harm to the Platform and agrees to compensate the Platform for all resulting damages upon demand, without prejudice to the Platform’s right to pursue any available legal remedies.

13. Official Communications and Correspondence

The User and the Merchant acknowledge that the Platform’s exclusive and official communication channels are the designated support email address: support@adrpt.tech and the Contact Us form available within the application.

All notices, inquiries, complaints, requests, and legal communications submitted through these designated channels shall be deemed legally valid and effective.

The Platform shall exercise reasonable professional care in responding to privacy-related and technical support inquiries during official working hours in the State of Kuwait. The Platform shall not be responsible for any communication sent through social media platforms or any unofficial communication channels.

The User further acknowledges responsibility for maintaining accurate and up-to-date contact information within their account to ensure receipt of notifications, alerts, and communications issued by the Platform.

14. Governing Law and Dispute Resolution

The legal relationship between all parties, including the Platform, the Merchant, and the User, together with these Terms of Use and all privacy-related provisions, shall be governed by and construed in accordance with the laws and regulations of the State of Kuwait, including, without limitation, the Electronic Transactions Law, the Cybercrime Law, commercial laws, consumer protection laws, and all applicable regulations and decisions issued by the Ministry of Commerce and Industry and the Communications and Information Technology Regulatory Authority (CITRA).

In the event of any dispute, controversy, or claim arising out of or relating to the interpretation, validity, implementation, or use of the Platform, the parties shall first endeavor to resolve such dispute amicably.

If an amicable resolution cannot be reached, the courts of the State of Kuwait, of all levels and jurisdictions, shall have exclusive jurisdiction to hear and determine such dispute in accordance with the applicable rules of territorial and subject-matter jurisdiction.

The Arabic language shall be the official and governing language for the interpretation of these Terms before judicial and governmental authorities.

15. Amendments to the Terms of Use

The User acknowledges and agrees that the Platform reserves the sole and absolute right to amend, update, modify, or replace these Terms of Use and related policies at any time, whether to ensure compliance with newly enacted laws and regulations in the State of Kuwait or to improve the Platform’s services and technological functionalities.

The Platform shall notify Users of any material amendments through the available in-app communication methods or via the registered email address. Continued access to or use of the Platform after the effective date of any amendment shall constitute the User’s express, final, and unconditional acceptance of such amendments and agreement to be bound thereby.