Welcome to the GET FIONA App Terms of Use agreement (the “Terms”). These Terms govern your access to and use of GET FIONA mobile application (the “App” or “FIONA”), so please review them carefully. By accessing or using the App in any way whatsoever you grant your consent to be bound by these Terms . If you do not agree to these Terms in their entirety, you may not access or use the App.

The term “Company,” “we,” “us,” or “our” refers to Strategic Excellence L.L.C – FZ the App, a company registered in Meydan, UAE.

The App is a curated nightlife and dining platform that connects users with premium experiences at handpicked venues. GET FIONA allows users to discover, browse, and make reservations at participating locations, and currently includes access to curated nightlife and dining experiences, booking functionalities, personalized promotions, curated events—some of which may be promoted in collaboration with select influencers and partners—and other related interactive features and offerings (collectively, the “Service”). The App aims to deliver a personalized and elevated social experience while driving high-quality user engagement.

Where relevant, reference to the App includes reference to the Service.

1. Privacy Policy

We reserve the right, at our sole discretion, to modify or update these Terms from time to time. All changes are effective immediately upon posting. It is your responsibility to review these Terms periodically. Continued use of the App after changes are posted will constitute your acceptance of those changes. Where changes are material, we will make reasonable efforts to notify you - such as by posting a notice on the App or sending an email to the address associated with your account. For this reason, it is important to keep your contact details up to date.

The Company respects the privacy of the App’s users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. You can access the Privacy Policy at this link [add]. When you access or use the App, you signify your agreement to the Privacy Policy in addition to these Terms.

2. Registration Rules, User Conduct

You need to be at least 25 years old to register for and use the App. To access certain features or functionalities of the App, you may be required to create a user account. You agree to maintain the confidentiality of your login credentials and acknowledge that you are fully responsible for all activity conducted under your account. We reserve the right, at our sole discretion, to remove, reclaim, or demand modification of any username you choose if we determine it to be inappropriate, offensive, misleading, or otherwise objectionable.

3. User Content and Conduct Guidelines

As a user of the App, you may be permitted to post, submit, or share content, including but not limited to text, images, video, audio, comments, or feedback (collectively, "User Content"). You acknowledge that any User Content you provide may be visible to others and is considered non-confidential and non-proprietary. By submitting such content, you agree to the following terms:

You represent and warrant that:
- You hold all necessary rights, licenses, permissions, and authority to publish the User Content and grant the rights stated herein,
- Your submissions do not infringe any intellectual property or privacy rights of any third party,
- You have secured appropriate consent from any identifiable individual featured in your content, including for use of name, likeness, or voice,
- You have direct personal experience with the person, venue, or service being reviewed,
- You have no conflict of interest, such as being associated with a competitor;

You further agree that your User Content:
- Is accurate, truthful, and not misleading,
- Is free from unlawful, obscene, defamatory, discriminatory, or otherwise inappropriate material,
- Does not promote or incite violence, abuse, or hatred toward any person or group,
- Does not contain unauthorized advertising, spam, chain letters, pyramid schemes, or similar solicitations,
- Does not breach any laws or regulations, including those related to child protection or hate speech,
- Will not impersonate others or be submitted through fraudulent or automated means.

By uploading or posting User Content, you grant the Company a perpetual, worldwide, royalty-free, fully paid up, irrevocable, sublicensable, and transferable license to host, reproduce, modify, adapt, publish, display, distribute, store, edit, display, transmit, reformat, create derivative work from, and otherwise use the User Content in any way it deems fit in whole or in part—in any form, medium, or technology now known or developed in the future, including for promotional, commercial, or operational purposes.

This license also includes the right to use your name, likeness, and any trademarks, service marks, or personal identifiers you submit along with your User Content. By doing so, you waive any and all moral rights in such content and confirm that no such rights have previously been asserted.

We reserve the right, but not the obligation, to monitor, review, remove, or modify any User Content at our discretion, without prior notice, especially if we determine that it violates these Terms, applicable laws, or the rights of others. We may also suspend or terminate user accounts in connection with prohibited content or behavior.

You remain solely liable for your User Content and any consequences arising from its publication. The Company shall not be responsible for any loss or damage resulting from your reliance on or exposure to User Content.

4. Restrictions

4.1 Restrictions on Use

You are granted limited access to use the App strictly for lawful, personal, and non-commercial purposes, as intended and permitted by the normal functionality of the App. Any unauthorized or improper use of the App and/or any Service is strictly prohibited. You agree that you will not, under any circumstances:

- Use the App and/or any Service in connection with any commercial activity not expressly authorized by us in writing,
- Harvest or collect any personal data of users, or solicit users for commercial or unlawful purposes,
- Reproduce, copy, disseminate, or display any part of the App without our prior written consent ,
- Access the App using any automated system or engage in data scraping, spidering, crawling, or other data-gathering techniques,
- Introduce viruses, malware, spyware, or other harmful code, or interfere with the technical operation, security, or accessibility of the App and/or any Service,
- Attempt to disable, bypass, or interfere with any security or content-protection features of the App and/or Service,
- Access or attempt to access the App and/or any Service through unauthorized means, including hacking, password mining, or use of bots,
- Use another user’s account or allow others to access your own account without explicit authorization,
- Provide false, misleading, or incomplete information during account registration or use,
- Post, upload, or transmit any content that is unlawful, defamatory, abusive, harassing, obscene, discriminatory, or otherwise objectionable,
- Engage in any conduct that we deem harmful to the reputation or functionality of the App or our users, including impersonation, misuse of support channels, or disruption of normal usage,
- Reverse-engineer, decompile, or disassemble any part of the App and/or any Service,
- Use the App to develop competing products or services,
-Violate any applicable law, regulation, or third-party rights through your use of the App and/or any Service,
- Use the App and/or any Service in any way to advertise or promote goods or services, conduct resale, or participate in multi-level marketing schemes without express written consent.

We reserve the right to investigate and take appropriate legal or administrative action, including suspension or termination of your account and reporting to law enforcement authorities, in response to any prohibited activity.

4.2 Restrictions on Use

The content and functionalities made available through the App are not intended for access or use by any individual or organization in any jurisdiction or country where such access or use would be in violation of applicable laws or regulations, or where it would require the Company to comply with local registration, licensing, or regulatory requirements. Any person accessing the App from a location outside our core operational territory does so voluntarily and is solely responsible for ensuring compliance with the relevant local laws and regulations.

5. Intellectual Property Rights

5.1 Ownership

You acknowledge and agree that we and our licensors (where applicable) retain full ownership of all intellectual property rights associated with the App and its content, including but not limited to source code, databases, text, visual elements, audio, design components, trademarks (such as but not limited to “ GET FIONA”), and all other proprietary materials whether or not registered, and whether or not eligible for registration. All rights not expressly granted to you under these Terms are reserved.

5.2 Limited License

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-assignable, and revocable license to:

- access and use the App and its content for personal, non-commercial purposes only in accordance with the App’s functionality,
- download or print select portions of the content solely for personal reference in accordance with your proper use of the Service.

You may not copy, reproduce, modify, publicly display, transmit, distribute, sell, license, or otherwise exploit any part of the App or its content for commercial gain without our prior written authorization. Any unauthorized use constitutes a material breach of these Terms and may result in immediate suspension or termination of your access to the Service.

6. Email May Not be Used to Provide Notice

Communications made through the channels made available on the App (such as but not limited to email and messaging) will not constitute legal notice to the Company, or any of its affiliates, the Company and affiliates officers, directors, partners, licensors, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

7. User Consent to Receive Communications in Electronic Form

By accessing the App, contacting us via its communications channels, or submitting forms through Services use, you agree that such interactions constitute electronic communications. For contractual purposes, you:

- consent to receive communications from us in an electronic form via the email address you have submitted through the App,
- agree that all Terms, agreements, notices, disclosures, policies, records of transactions, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided in writing.

You expressly consent to the use of electronic signatures, contracts, notices, and the electronic delivery of documents, including those related to transactions initiated or completed using any Service. You waive any statutory rights or legal obligations that require original signatures, physical delivery, or the retention of paper records, to the extent permitted by applicable law.

8. Payment Terms and Transactions

By submitting a payment through the App, you confirm that all billing details provided are accurate and current, and you agree to promptly update any changes. Applicable taxes may be added, and all prices are subject to change at our discretion.

You authorize us to charge your selected payment method for all amounts due, including applicable taxes and fees. We reserve the right to correct any pricing errors, even after payment has been requested or received.

We may refuse, limit, or cancel orders at our sole discretion, including those that appear to be placed by resellers or unauthorized parties, or that use duplicate account or billing information.

Unless otherwise expressly specified in the special terms relating to a purchase you are making through the App (such as by way of example, a subscription plan or a reservation at a venue), all payments are non-refundable once made.

9. Subscription Terms

9.1 Automatic Renewal and Billing

By subscribing to any plan offered through the GET FIONA App, you authorize us to initiate recurring charges to your selected payment method at the applicable intervals, without requiring additional notice or consent for each billing cycle. Your subscription will remain active and automatically renew unless it is canceled in accordance with these Terms. The billing frequency and amount will depend on the specific subscription tier you selected at the time of enrollment.

9.2 Cancellation Policy

You may cancel your subscription at any time by accessing your account settings. Cancellation will become effective at the conclusion of the current billing period, and no prorated refunds shall be issued.

9.3 Fees Modification

We reserve the right to revise subscription pricing at our discretion. Any such modifications will be communicated to you in advance and will take effect in compliance with applicable legal requirements.

9.4 Links to Others Material

As part of the Service, we may provide you with convenient links to third party website(s) as well as content or items belonging to or originating from third parties (the “Third Party Material”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Material, or the promotions, materials, information, goods or services available on them and Third Party Material is not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Material accessed through the App.

Inclusion of, linking to or permitting the use or installation of any Third Party Material does not imply our approval or endorsement. If you decide to leave the App and access the Third Party Material you do so at your own risk and you should be aware that our terms and policies, including these Terms, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Material which you use, install or navigate.

10. Modifications and Interruptions

GET FIONA App reserves the right to amend, update, suspend, or discontinue any part of the App and/or any Service at any time, for any reason, and without prior notice, at our sole discretion.

We may experience occasional interruptions due to maintenance, system failures, or unforeseen issues, and we cannot guarantee that the Services will be available at all times. We shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the App any/or any Service during such periods. Furthermore, we are under no obligation to maintain or update any content or functionality on the App.

Any waiver or modification of these Terms not made through a published update must be in writing and signed by an authorized representative of GET FIONA App to be legally valid. Verbal or email communications will not constitute a valid amendment.

If you have a dispute with other users, restaurants, or merchants arising from your use of GET FIONA App, you hereby release the Company, or any of its affiliates, the Company and affiliates officers, directors, partners, licensors, employees, agents or representatives from any and all claims, demands, and damages of any kind or nature, known or unknown, arising out of or in any way related to such disputes.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, including its affiliates, the Company and affiliates officers, directors, partners, licensors, employees, agents or representatives from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable legal fees) arising out of or related to:

- any content you submit or share through the GET FIONA App,
- your use or misuse of the App and/or any Service,
- any breach of these Terms,
- any misrepresentation or failure to comply with the warranties you’ve provided herein,
- your infringement of any third party’s rights, including intellectual property rights,
- any harmful, negligent, or unlawful conduct directed at another user of the App.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to your indemnification obligation. You agree to fully cooperate with us, at your own cost, in the defense of any such matter. We will make reasonable efforts to notify you promptly of any claim or legal action to which this indemnity applies.

12. Governing Law

These Terms of Use shall be governed by, and interpreted in accordance with, the laws of Abu Dhabi. Any dispute arising out of or in connection with these Terms of Use, including any question relating to its existence, validity or termination, shall be referred to and finally resolved by arbitration. The number of arbitrators shall be one and the language to be used in the arbitral proceedings shall be English. The seat of the arbitration shall be in Abu Dhabi Global and the Arbitration Regulations of the Abu Dhabi Global Market shall apply to all aspects relating to these Terms of Use and the Arbitration, including but not limited to the appointment of the arbitrator.

13. Warranty Disclaimer

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHEREXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUTLIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP AND/OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE APP AND/OR SERVICE.

14. Limitation of Damages Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, THE COMPANY AND AFFILIATES OFFICERS, DIRECTORS, PARTNERS, LICENSORS, EMPLOYEES, AGENTS OR REPRESENTTATIVES. I BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the App and/or, you release the Company (or any of its affiliates, the Company and affiliates officers, directors, partners, licensors, employees, agents or representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

15. Warranty Disclaimer

These Terms of Use, along with any additional policies or rules posted by us in connection with the GET FIONA App (such as but not limited to the Privacy Policy), constitute the entire and exclusive agreement between you and GET FIONA App regarding your use of the App and supersede any prior agreements, proposals, or communications, whether oral or written.

You acknowledge that you have read, understood, and agreed to be bound by these Terms and the Privacy Policy. Our failure to enforce any provision of these Terms shall not constitute a waiver of our rights to enforce such provision at any time. These Terms shall not be interpreted against us solely because we drafted them, and you waive any legal defenses based on the electronic format or absence of physical signatures. To the fullest extent permitted by law, we may assign or delegate our rights and obligations under these Terms and/or our Privacy Policy at any time without notice or your consent.

You may not assign or delegate your rights or obligations without our prior written consent, and any such unauthorized assignment is void. Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and the Company, and you agree not to hold us liable based on any claim that such a relationship exists. We shall not be held liable for any delay or failure in performance resulting from causes beyond our reasonable control. If any part of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be severed, and the remainder shall remain in full force and effect. Our rights under these Terms survive any termination or transfer of the agreement. Any cause of action related to your relationship with GET FIONA App must be commenced within one (1) year after the claim arises, or it shall be permanently barred.

16. Contact us

If you have questions, feedback, or concerns please contact us here: info@getfiona,com