The Weyay Prepaid Card membership shall be subject to the following terms and conditions and to any amendments hereto that the Bank may make from time to time:
1. Wherever they appear in these terms and conditions, the following words and terms shall have the meanings set forth against each of them respectively unless the context requires:
a. 'The Bank': Weyay Bank and National Bank of Kuwait SAKP
b. 'The Card': the Weyay prepaid Mastercard cards issued by the Bank.
c. 'The Member' or 'The Card Holder' or 'the Customer': The Customer for whom the card is issued and whose name is printed thereon.
d. 'The Card Account': The account in which all the amounts related to the card transactions are recorded.
e. 'PIN code': The PIN code, if any, of the card.
f. 'The Transaction' or 'the Card Transaction': The buying of commodities, obtaining of services or cash withdrawing, depending on the type of card, returned or reversed transactions or any other transaction made through the use of the Card.
g. 'The Kuwaiti Dinar Card': A card for a single currency, the Kuwaiti Dinar.
h. 'The Card Fees and Charges': Any fees or charges listed on the list approved of the Bank's fees and charges, that are payable by the member of the Bank by reason of the issue or use of the card, as advised by the Bank from time to time. This includes, and without limitation, all amounts incurred by the card holder as a result of making any transactions by using the card inside or outside Kuwait, services charges, subscription, card renewal, card replacement, balance transfer operations and re-charging operations, & the fees and charges of the card are calculated in Kuwaiti Dinar or the equivalent thereof in the foreign currency.
i. The KWD Wallet: The financial wallet of the Kuwaiti Dinar currency that is been approved in the card and the balance available therein.
j. The Non-KWD Wallet/ Wallets: the financial wallet/wallets in any currency/currencies have been approved other than the Kuwaiti Dinar in the card and the balance available therein.
k. The Kuwaiti Dinar Card: A card for a single currency, the Kuwaiti Dinar.
l. The Weyay MasterCard Multi-Currency Prepaid Card: a card which has several wallets in different currencies. The currencies provided by the card are the Kuwaiti Dinar which is counted as the main currency of the card, US Dollar, Euro, Pound Stg., UAE Dirham, Saudi Riyal, Bahraini Dinar, Qatari Riyal, Swiss Franc, Canadian Dollar, Egyptian Pound, Indian Rupee, Jordanian Dinar, Singapore Dollar and Omani Riyal. The Bank may, at any time, add any currency to these currencies or delete any of these currencies.
2. The issue fees shall be charged to the Customer's bank account with the Bank in Kuwaiti Dinar. The fees and charges related to the card or the transaction shall be charged to the card.
3. The foreign currency exchange rates shall be those applicable at the Bank.
4. The exchange rate for currency conversions (purchase or cash withdrawal) in a currency other than the card currency/ currencies shall be calculated on the date on which the Bank receives an invoice of those amounts. In card re-charging or transfers between wallets or debiting of fees and commissions or transfers from card to accounts at be affected at the exchange rate applicable at the Bank on the date of execution of this transaction.
5. The charging or recharging of the card that is selected by the Customer shall be affected in Kuwaiti Dinar by the transfer of funds or the available credit balance from the accounts to the card.
6. The charging or re-charging of the card is carried out by the available means provided to the Customer by the Bank from time to time.
7. The minimum amount for charging or re-charging the card is KD 1 or the equivalent thereof in the foreign currency or as may be determined by the Bank at any given time in the future.
8. The maximum amount for charging or re-charging the card shall be determined by the Bank and is different from one card to another or as may be determined by the Bank from time to another.
9. In the event where the Customer wishes to transfer the balances existing in the card to his bank account at the Bank, the balances shall be transferred in Kuwaiti Dinar only or in an amount equivalent to the Kuwaiti Dinar amount.
10. The card holder may draw cash anywhere around the world from any automatic teller machine (ATM) that accepts the Mastercard logo, and that by inserting the PIN code upon performing the drawing. The amount shall be charged from the card balance, and the fees and charges of the card shall also be charged. Cash withdrawals by means of these cards in the State of Kuwait may be made through the ATM's of National Bank of Kuwait only unless the latter shall in the future announce a different position, or unless it provides this service on the card or provide through other banks.
11. The member shall assume absolute responsibility for the card and for the use thereof and of the PIN code associated therewith. The Customer shall bear all the consequences thereof particularly in the event of loss, theft, destruction or abuse thereof by him or by a third party with or without his consent, and he shall indemnify the bank for any damages or losses resulting therefrom. The Customer acknowledges that he is aware that the invoices, receipts and other documents related to the card transactions are not received by the Bank, nor does the Bank keep them, for the Bank is merely informed thereof for the purpose of charging the amounts thereof to the card account. According to the international system of prepaid cards, and the fixing of periods after which no requests may be made to present copies of such documents, the member explicitly declares that he may not request the Bank to provide copies of such invoices, receipts or other documents related to the card transactions after the expiry of a period of 60 days from the date on which the card transaction was made.
12. The customer is held responsible for maintaining the card starting from the time of card receiving so that it won't be subject to theft, loss, misuse, and in the event of the loss, theft or destruction of the card, the member shall immediately notify the department concerned. In all events, the member shall be responsible for any use of the card until the bank shall receive such notice. A replacement card in lieu of the lost card may be issued to the customer after paying the prescribed fee.
13. The Bank shall not be responsible for the use or abuse by the member of his card, nor shall the Bank be liable in the event of the refusal by any institution, company or other entity to deal with the card or for any defect or shortage of the goods or services obtained by the member through the card. Furthermore, the Bank shall not be liable for any loss or damage that may result from malfunction or failure of the ATMs or points of sale inside or outside Kuwait caused by a technical reason or any other cause. The Bank shall not be liable for any fees or charges that other banks or institutions charge to the member as a result of his using the card. The member explicitly declares that he relieves the Bank from any liability that may arise from any of the foregoing, and that the member may not refuse to pay the amounts charged to the card because of any dispute of claim in this regard. In addition, the member may not, in any event whatsoever, demand off set of the rights of the Bank against it and any rights he may have against any party he deals with by using the card.
14. The card member shall keep in the card account sufficient funds to settle the amounts, drawings and other transactions arising from the issue and use of the card. The Customer shall be responsible for providing an adequate balance to cover the amounts required in connection with any transaction resulting from the use of the card.
15. In the event of the absence of sufficient funds to cover the total amount of the transaction, it will be rejected.
16. The member may, at any time, request cancellation or non-renewal of the card by giving the bank notice to this effect, provided that he shall return the card to the bank that he requests cancellation or non-renewal of.
17. The Bank shall, at its absolute discretion, have the right to change or replace the Customer's card and issue a new card and impose the new fees applicable at that time at the Bank as well as the right to cancel or refuse the renewal of the card.
18. In the event of cancellation or non-renewal of the card by the Bank or at the request of the member, the member shall remain liable toward the Bank for a period not less than sixty days from the date on which he returns the card. In all events, the member shall settle the account of the card and settle any obligations arising from the use thereof.
19. The books and records of the Bank shall be conclusive evidence in proving the rights and obligations of the Customer in his dealings with the Bank. The member acknowledges that recording any amount or transaction in the statement of account shall be evidence binding upon him and proof of his obligations arising from the issue and use of the card.
20. The Customer declares that he has read these Terms and Conditions and that he agrees thereto and to whatever changes that may be made thereto from time to time. Announcement by the Bank of such amendment at its branches or by any other means it may deem appropriate shall make the amendment valid and effective from the date of such announcement and shall be binding upon the member.
21. The Customer may request the issue of a Prepaid card by telephone or through the mobile app, and the Bank may, at its absolute discretion, accept or reject such request without giving any reasons.
22. Customer agrees and authorizes the Bank to use, disclose and share Customer information and data with any of the Bank's branches and subsidiaries within or outside Kuwait, as well as with certain marketing, advertising, surveying, collection, telephone and electronic services providers and other service providers contracted by the Bank.
23. Customer agrees and authorizes the Bank to provide Card data update services to merchants and service providers, as well as periodic subscriptions on website or by telephone upon expiration of the registered Card or the issuance of an alternative Card, so that such merchants may continue to debit the amounts owed by the Customer and provide their relevant services.
24. The Customer acknowledges his review and awareness of the Bank's tariffs, which has been duly approved by the Central Bank of Kuwait, and acknowledges his acceptance of all fees and commissions as set out therein and any amendments and additions related thereto in the future from time to time, and undertakes to make available sufficient amounts at the bank to cover these fees and commissions. Furthermore, the Customer, hereby, authorizes the Bank to debit such fees and commissions from any of the credit balances in his accounts at the bank. The Bank shall not be liable for any damages that might occur as a result of the reduction of the credit balance of the account, and for - consequently- depriving the Customer from using the privileges of the Bank's products.
25. All amounts due from the customer as a result of the issuance and use of the card shall be calculated in Kuwaiti Dinars, and - for this purpose - the amounts of any transaction (transaction: is the purchase of goods, obtaining services, advances and cash withdrawals, or on returned or reversed operations or other transactions that are made through the use of the card from card transactions in foreign currencies to the local currency (Kuwaiti Dinar), and - in this conversion - the immediate sale rate of Kuwaiti dinars in force in the bank against Foreign currency on the date of receipt by the Bank of these amounts Statement and added to the exchange rate a maximum percentage of 2.75% on all transactions made outside Kuwait or through international websites in Kuwaiti Dinars or foreign currencies, and as such, the customer acknowledges and accepts this. This added ratio represents associated costs for card transactions conducted outside Kuwait, such as mandatory costs, settlement and authorization costs, as well as costs to cover the risks of currency fluctuations and losses resulting from fraud.
26. Weyay Bank has the right to stop any (SELECT) prepaid card that is issued to any allowance Customer given that the Customer no longer receives an allowance to his/her Weyay account. In addition, such card may be cancelled at any time at the sole discretion of Weyay bank.
27. In the event where the Customer uses a multi-currency card, the amount will be charged to the foreign currency wallet which corresponds to the transaction currency. In the event where there is no sufficient balance in the non-KWD wallet of the currency used in performing the transaction or where the said currency is not available in the non-KWD wallets on the card, the entire amounts due for completing the transaction shall be drawn from the KWD wallet plus 2.75%. In the event where there is no sufficient balance to cover the entire total amount of the transaction in the KWD wallet, the transaction shall be rejected.
28. For any transfers between the Non-KWD and KWD wallets the transfer shall be made at the foreign currency exchange rate plus 2.75%.
29. For any transfers between the foreign currencies wallets, the foreign currency amounts will first be converted to the KWD at the exchange rate of the foreign currency against the Kuwaiti Dinar, then converted to the selected foreign currency at the exchange rate of the foreign currency plus 2.75%.
30. With regard to any transactions in a foreign currency not included in the currencies of the card wallets, the transaction will be carried out through the Kuwaiti Dinar wallet at the exchange rate of the foreign currency against the Kuwaiti Dinar plus 2.75%.
31. The issue fees shall be charged to the customer’s bank account with the Bank in Kuwaiti Dinar. The transaction fees shall be charged to the wallet in which the transaction took place. All other fees related to the Bank’s Multi Currency Card shall be charged in Kuwaiti Dinar to the main KWD wallet.
32. With reference to my request to issue Weyay Multi-currency prepaid card, please be advised that I hereby acknowledge and undertake the following:
I am fully aware of the method and method of calculating the exchange rate and my obligation to pay all fees and charges resulted in using and/ or transacting on the card, whether in the same or a different currency, as clarified below and as mentioned and agreed by signing the prepaid card application form, as well as in the terms and conditions for the issuance of the Card.
33. With reference to my request to issue Aura Co-brand prepaid card, please be advised that I hereby acknowledge and undertake the following:
The following Terms and Conditions shall apply to the Weyay-Aura Prepaid Card and may be subject to amendments from time to time:
1. Unless the context otherwise requires, the following terms and expressions, wherever stated herein, shall have the meanings assigned to them below:
· Bank or Weyay: means Weyay Bank.
· Aura Loyalty Program: means the Loyalty Program by Alshaya group where members can earn points on purchases based on their tier and redeem these points at Alshaya participating merchants for products, rewards, or experiences.
· Weyay-Aura Co-branded Card means Weyay-Aura Mastercard Prepaid Card issued by the bank.
· Weyay-Aura Prepaid Card: means the Prepaid Card issued by the Bank to its Customers who are registered in the Aura loyalty Program and shall be rewarded with Aura Points when using this card.
· Customer: refers to the individual to whom the Card is issued, and whose name appears on the card.
· Transactions: means the purchase of goods or services using the Weyay-Aura Prepaid Card in four (4) spend categories [Aura Outlet spends; Avenues Spends [Mabanee]; Local Spends and International Spends]
· Aura Outlet Spends: means any purchase Transaction made using Weyay-Aura Prepaid Card at participating Alshaya outlets in the Aura Loyalty Program inside the state of Kuwait to Earn Aura Points.
· Avenues Spends [Mabanee]: means any purchase Transaction made using Weyay-Aura Prepaid Card at the Avenues mall [Mabanee] in the state of Kuwait, except for Aura outlet Spends - only.
· Local Spends: means any purchase Transaction made with Weyay-Aura Prepaid Card inside the state of Kuwait, excluding Aura Outlet spends and Avenues Spends [Mabanee]
· International Spends: means any purchase Transaction made with Weyay-Aura Prepaid Card outside the state of Kuwait [instore or online]
· Aura Points: means points earned on purchase Transactions with eligible cards or at participating Aura Alshaya stores and can only be redeemed as cash value at participating Aura Alshaya group stores.
Terms and Conditions for Aura means the Terms and Conditions of the Aura Loyalty Program that govern the Customer’s receipt and use of Aura Points (as may be amended from time to time). Please visit Aura Loyalty Program for the program terms and conditions. Click Here
2. Earning Aura Points:
The Customer may earn Aura Points through purchase Transactions made using the Weyay-Aura Prepaid Card as per the below Terms and Conditions:
2.1. Aura Membership:
The Customer must have a valid Aura membership number to earn Aura Points while using their Weyay-Aura Prepaid Card.
The Customer agrees and authorizes the Bank to retrieve their Aura membership details from the Aura system for the purpose of earning points through the Weyay-Aura Prepaid Card.
The Customer agrees and authorizes the Bank to register them in the Aura membership program, through contact details registered with the Bank, in the event that they do not have an Aura membership,
The Customer is responsible for ensuring that the contact information used to retrieve the Aura membership is accurate and up to date.
The Customer acknowledges that earning Aura Points through the Weyay-Aura Prepaid Card is subject to having an active Aura membership which is governed by Aura Loyalty Program’s Terms and Conditions.
2.2. Earning Options:
The Customer may earn Aura Points as per the following table:
Card Type | For every (1) one Kuwaiti Dinar (KD) spend at | |||
Aura Spends | The Avenues Spends [Mabanee] | Local | International | |
Weyay-Aura Prepaid Card | 10 Aura Points | 10 Aura Points | 2.5 Aura Points | 2.5 Aura Points |
3. Redeeming Aura Points:
· To redeem Aura Points the Customer must download the Aura Application and login in with their membership ID.
· The Customer may redeem Aura points at Alshaya participating outlets for products, rewards, or experiences.
4. General Terms and Conditions for Earning Aura Points.
· The Customer’s Aura membership ID is used to transfer the earned Aura Points using the Weyay-Aura Prepaid Card to the Customer’s Aura Membership account. Therefore, the membership number must be linked to the Weyay-Aura Prepaid Card. It is the Customer’s responsibility to provide the correct mobile number registered with the Aura Loyalty Program in the event the Customer has an active membership when applying for the Weyay-Aura Prepaid Card
· The Customer hereby authorizes the Bank to transfer the necessary data to facilitate the process of transferring the earned Aura Points to Aura Loyalty Program
· The Customer hereby acknowledges and agrees that the receipt and use of Aura Points is subject to the Terms and Conditions for the Aura Loyalty Program. For more information on such Terms and Conditions, please click here
· Aura Points will be transferred after Three (3) working days from the Transaction postdate.
· The Customer is prohibited from selling earned Aura Points to any third party.
· The Customer may not dispute or claim missing Aura Points after 30 days have passed from the date of the relevant Transaction.
· NBK Business and NBK Corporate Banking clients are excluded from earning Aura Points.
· Transactions that are not eligible to earn Aura Points are:
· Cash withdrawal, any card fees or transfer of balance.
· Operations carried out through the following business categories:
· 4829: Money orders bank transfers.
· 6012: Financial institutions.
· 6051: Non-financial institutions foreign exchange and money. orders (not wire transfer) and traveler's checks.
· 6211: Security - brokers/dealers.
· 7995: Transactions that contradict with public policy and the laws stipulated in the State of Kuwait.
· Transactions related to trading in Cryptocurrencies.
· 5. General Terms and Conditions
· An Annual fee of KD 10 per card is applied for issuance and renewal of Weyay-Aura Prepaid, whether for primary and/or supplementary card.
· If the Customer submits a request to redeem Aura Points, the request may not be canceled.
· The Customer is responsible for verifying the details for any incorrect linkage and will not be Weyay’s responsibility in the case of incorrect linkage.
· Earned Aura Points will be canceled in the following cases:
· Transactions that are reversed and the amount is refunded.
· Aura Points earned will expire after 12 months from the date they were awarded/earned.
· The Customer will not be able to earn or redeem Aura Points if they breach the terms of repayment for any debt owed to the Bank.
· The Bank reserves the right to cancel or modify the services, the granting or redemption of Aura Points, or the Terms and Conditions of the program at any time with or without prior notice.
· Earned Aura Points shall be automatically forfeited upon the closure of the Weyay-Aura Prepaid Card for any reason, as well as in the event of the Customer’s death.
34. All the terms and conditions contained in the account opening application signed by the Customer shall apply in respect of anything that does not conflict with these Terms and Conditions.
35.These Terms and Conditions shall, save where there is a specific provision concerning the same, be subject to the provisions of the Kuwaiti Law and the exclusive jurisdiction of the Kuwaiti courts. The Customers hereby accept the territorial jurisdiction of the Courts of the State of Kuwait in any dispute that may arise here from.
1. The App Terms will apply to you after accepting them when downloading or using the Aura App (App). We are offering you this app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to M.H. Alshaya Co. W.L.L. (Alshaya).
2. Only individuals over the legal age in the territory where they subscribe to the Programme may use the App, in an individual account. If you are under the legal age in the territory where you subscribe to the Programme, you must have the permission of a parent or legal guardian to use the App and your use of the App and its features is at all times under the supervision of your parent or legal guardian, who also acknowledges and agrees to be bound by these App Terms. Should User parent or legal guardian not acknowledge and agree to the App Terms, User must immediately uninstall this Application and discontinue its use.
3. App features, such as the Aura Digital Card, store locator, offers, rewards, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, usernames, passwords, proper names, email address, address, location, Digital card information, GPS location information, information for and from third-party and social-media accounts. By accepting these App Terms, User expressly consents to the transmission of the User Information referred below to Alshaya, including its agents and third-party partners, and consents to Alshaya, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User’s First and last Name; Date of birth; Phone number; Title; Gender, Location and Country for our App functionality which in case of not being accepted by agreeing with these the App Terms, Alshaya shall not be able to provide you the app. Further purposes of how we use the rest of User Information in the offer of our app are disclosed in the Alshaya's Privacy Policy.
4. The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the mobile / portable device(s) by the App. The User is also solely responsible for all transactions and activities undertaken by anyone with any Aura Digital Card registered in the User’s name, whether authorized or unauthorised. This includes any and all unauthorized purchases made from the Alshaya’s participating Brands and outlets (Alshaya store or restaurant displaying the Aura logo).
5. The User agrees to immediately notify Alshaya of any suspected unauthorized transactions associated with the App or any other breach of security. Alshaya shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the
App. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Device, including without limitation password protecting the Device.
6. Alshaya reserves the right to make changes to the app or to charge for its services, at any time and for any reason and at its sole discretion by posting revisions on the App. Continued use of the App following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
7. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile / portable device(s) network provider. Alshaya cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
8. If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile services provider for the cost of data for the duration of the connection while accessing the app. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
9. It’s possible from time to time that Alshaya staff may need to briefly handle your device when your Digital Card or Discount coupon is scanned at the point of sale. While our staff will of course take all reasonable care to make sure nothing happens to your device, we don’t accept liability for damage to it, unless it’s caused by any negligence or willful misconduct by our staff. You also need to make sure that your device stays charged.
10. At some point we may wish to update the app. The app is currently available on Android and iOS the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Alshaya does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving prior notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
11. Prohibited Uses: Use of the App is limited to the contemplated functionality. The
App shall not be used in any way that-
Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
Is unlawful, fraudulent, or deceptive;
Uses technology or other means to access unauthorized content or nonpublic spaces;
Uses or launches any automated system or process, including without limitation, bots, spiders or crawlers to access unauthorized content or non-public spaces;
Attempts to introduce viruses or any other harmful computer code, files or programmes that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempts to damage, disable, overburden, or impair Alshaya Brands servers or networks;
Attempts to gain unauthorized access to a Alshaya’s Brands computer network;
Attempts to gain unauthorized access to Alshaya’s Brands user accounts;
Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
Violates these App Terms in any manner; or
Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively Acceptable Use).
12. Alshaya reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the App, including any Aura Digital Card, that Alshaya reasonably believes is or might be in violation of these App Terms, but failure or delay in taking such actions or any part thereof does not constitute a waiver of its rights to enforce these App Terms.
13. The User may generate content, written or otherwise, while using the App (User Generated Content). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Alshaya (for example, in product marketing campaigns). To the extent permitted by applicable law, User grants Alshaya a worldwide; irrevocable; transferrable; sub licensable; fully paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
14. These App Terms supplement and incorporate the Apple, Inc. (Apple) Terms and
Conditions including, without limitation, the Licensed Application End User License
Agreement provided therein (Apple Terms). If any of the provisions of the Apple Terms and Conditions conflict with these Terms, these App Terms will control, solely to the extent such terms apply to the App.
15. This document is in the Arabic and English languages. If there is any discrepancy between the Arabic and the English texts, the Arabic text prevails.
16. These App Terms are governed by the laws of the state of the relevant territory. The User irrevocably consents to the exclusive jurisdiction of the relevant territory’s courts for purposes of any legal action arising out of or related to the use of the App or these Terms.