Terms of Service

By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a mosque, religious institution, or other organization, you represent that you have the authority to bind that organization, and "you" refers to that organization for the purposes of these Terms.

• "Fahm," "the Operator," "we," "us," and "our" mean the operator of the Service, with its principal place of operation in Dresden, Germany.
• "Mosque Account" means an account registered by or on behalf of a mosque or similar organization to use the Service.
• "Listener" means any person who accesses translated captions through the Service without registering an account.
• "Content" means audio, transcripts, translations, text, or other material transmitted, stored, or displayed through the Service.

Fahm provides real time transcription and translation of live khutbahs (Friday sermons) delivered in Arabic, generating captions in English, German, Urdu, Turkish, and Russian for display to Listeners on personal devices or on a shared television display. The Service is limited in scope to this purpose and is not offered as a general purpose live streaming, broadcasting, video conferencing, or transcription platform. Translations are generated using third party automated speech recognition and machine translation technology and may contain errors.

• A Mosque Account may only be registered by a natural person who is authorized to act on behalf of the mosque or organization being registered.
• Every registration is subject to manual review and approval by the Operator before account access is enabled. The Operator may decline or revoke approval at its discretion, including where registration information appears false, incomplete, or inconsistent with the intended use of the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your Mosque Account, including activity by any staff member you invite.
• You must notify the Operator promptly of any unauthorized use of your account.

You agree that you will not, and will not permit any third party to:

• Use the Service for any purpose other than the transcription and translation of live religious sermons and directly related mosque communications.
• Circumvent, disable, or attempt to circumvent any usage limit, rate limit, or other technical restriction implemented by the Service.
• Transmit, broadcast, or store Content that is unlawful, defamatory, or that infringes the intellectual property, privacy, or other rights of any third party.
• Attempt to gain unauthorized access to another account, to the Service's infrastructure, or to any system or network connected to the Service.
• Use any automated means, including bots, scrapers, or crawlers, to access, overload, or interfere with the Service.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law.

Breach of this Section 5 is a material breach of these Terms and may result in immediate suspension or termination of your account under Section 12.

• As between you and the Operator, you and your mosque retain all right, title, and interest in the khutbah audio, transcripts, and any other Content you submit to the Service.
• You grant the Operator a limited, non-exclusive, royalty free license to transmit, process, store, and display your Content solely to the extent necessary to operate the Service as configured by you, including transmission to third party speech recognition and translation providers identified in the Privacy Policy.
• You represent and warrant that you hold all rights necessary to transmit the Content you transmit through the Service and that such transmission does not infringe the rights of any third party.
• Feedback submitted by Listeners is made available to the relevant Mosque Account. The Operator is not responsible for the content of Listener submissions and does not endorse any view expressed in them.
• The Fahm name, logo, and the software underlying the Service are the property of the Operator or its licensors and are not licensed to you except as expressly stated in these Terms.

The Service is currently provided free of charge. The Operator reserves the right to introduce paid plans or features in the future. Any such change will be communicated in advance, and functionality you are using free of charge at the time of any such change will not be converted to a paid plan without notice and an opportunity to discontinue use.

The Service is provided on an "as available" basis. The Operator does not warrant that the Service will be uninterrupted, timely, secure, or error free. The Operator may modify, suspend, or discontinue any part of the Service, or these Terms, at any time, and will use reasonable efforts to provide notice of material changes through the Service or by email.

• THE SERVICE, INCLUDING ALL TRANSCRIPTIONS AND TRANSLATIONS GENERATED BY AUTOMATED SPEECH RECOGNITION AND MACHINE TRANSLATION TECHNOLOGY, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
• Automated transcription and translation may contain errors, omissions, or inaccuracies, particularly where audio quality is poor or speech is ambiguous. The Service is intended as an aid to comprehension and must not be relied upon as an authoritative or verbatim record of a khutbah for religious, legal, or other formal purposes.
• Nothing in this Section 9 excludes or limits any warranty that cannot lawfully be excluded or limited.

• To the fullest extent permitted by applicable law, in no event will the Operator be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of, or inability to use, the Service, regardless of the legal theory on which such liability is based.
• To the fullest extent permitted by applicable law, the Operator's aggregate liability arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, will not exceed the greater of (a) the total amount paid by you to the Operator in the twelve months preceding the event giving rise to the claim, or (b) one hundred euros (EUR 100).
• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

You agree to indemnify, defend, and hold harmless the Operator and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your breach of these Terms; (b) Content you transmit through the Service; or (c) your violation of any applicable law or the rights of any third party. This obligation survives termination of your account.

• You may stop using the Service and delete your account at any time through the dashboard. Deletion permanently removes your account and associated data as described in the Privacy Policy.
• The Operator may suspend or terminate your account, with or without notice, if you breach these Terms, provide false registration information, or use the Service in a manner that the Operator reasonably believes poses a risk to the Service, its users, or any third party.
• Sections 6, 9, 10, 11, 13, and 15 survive termination of these Terms.

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Federal Republic of Germany, excluding its conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in a member state of the European Union, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence. Subject to the foregoing, the courts of Dresden, Germany have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

These Terms are originally drafted in the English language. Translations into Arabic, German, Turkish, and Russian are provided for the convenience of users and do not constitute the authoritative text. In the event of any conflict, ambiguity, or inconsistency between the English version and a translated version, the English version prevails and governs.

• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be replaced by an enforceable provision that most closely reflects its intent.
• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Operator regarding the Service and supersede any prior agreements on the subject.
• No Waiver. The Operator's failure to enforce any provision of these Terms is not a waiver of its right to do so later.
• Assignment. You may not assign or transfer these Terms without the Operator's prior written consent. The Operator may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure. The Operator is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, internet or telecommunications failures, or failures of third party service providers.

Questions about these Terms may be directed to salaam@fahm-al-khutbah.com or through the Contact page.