Terms of Service

These Terms of Service (these “Terms”) are by and between Diglossia USA, LLC (hereinafter “Diglossia”, “We” or “our”), as well as our affiliates and subsidiaries, including to Diglossia-FZ, and the school or other academic institution registered in the Diglossia system (hereinafter “Testing Institution” and/or “You”).
Please read these Terms. Your access rights to the Service are conditioned upon your adherence to these Terms. If you do not agree to these Terms, do not access or use the Service. Your access to and/or use of the Service constitutes your agreement to be bound by these Terms.

These Terms apply to the Services and other services that reference these Terms, whether you are accessing these Service via a personal computer, wireless or mobile device, or any other device (each, a “Device”). These Terms apply to all users of the Service, regardless of whether you registered a user account.
The Services. Diglossia provides language assessment services and products under the brands TALA (Test of Arabic Language Arts-grades 3-11 available at: https://tala.diglossia.net ) and Mubakkir (mobile app/dashboard for early Arabic literacy testing available at: https://mubakkir.net) that provide valid and reliable data to make informed decisions when evaluating language program effectiveness, adopting new curricula, and targeting professional development needs (the “Services”). Further descriptions of the Services and associated student testing materials (the “Tests”) can be found at Diglossia’s website. www.diglossia.ae The Services are not designed to be used as the sole criteria for individual assessment.
Service Changes. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Service; charge different fees in connection with the Service, modify and/or waive any fees charged in connection with the Service; and/or make available opportunities to some or all users of the Service.
User Account. Upon payment to Diglossia for the Services, you will receive a limited right to access the purchased Services and documentation. At such time, you will need to register a user account (your “User Account”).
Verification. You may be required to verify your User Account, and you may be required to provide additional information to use certain aspects of the Services or to purchase specific goods offered for sale by Diglossia from time-to-time. The use of personal information associated with your User Account is governed by our Privacy Policy at www.diglossia.ae/privacy.
User ID, Password and Security. Testing Institution will provide to Diglossia a roster of administrators, teachers and proctors to be provided IDs and passwords. Diglossia will then issue to Testing Institution by email any IDs and passwords for authorized administrators, teachers and proctors (each an “Authorized User”). Testing Institution is responsible for maintaining the confidentiality of the ID and password, and for all use, charges and/or liabilities associated with the Authorized User IDs. Testing Institution is also responsible for procuring consents or meeting any other privacy law requirements associated with transferring or sharing personal information of Authorized Users with Diglossia. You may not transfer your ID to another person or entity. Only Authorized Users may access the Services.
Access; Termination of Access. Upon payment to Diglossia for the Services, Diglossia grants Testing Institution and Authorized Users a limited, revocable, non-transferable right during the term specified herein unless terminated earlier in accordance with these Terms, to access the Services and other documentation provided by Diglossia to Testing Institution. Access to a Service includes a dashboard for interacting with Diglossia (the “Dashboard”). Testing Institution shall be responsible for use of the Services by Authorized Users. Diglossia reserves the right, at its sole discretion, to restrict, suspend or terminate access to all or any part of the Services at any time for any reason without prior notice or liability, and may change, suspend or discontinue any of the Services, including the availability, without prior notice or liability. Upon termination, Testing Institution will be responsible for the payment of any fees not already fully administered and completed prior to the termination.
Availability Of Services. While we work to enhance our Services by adding new features and products, we may introduce, discontinue or disable features, modify Services, begin new Services, or cease existing Services either globally or for specific users or locations, based on business considerations or potential risks to us, our Authorized Users, or other parties, and at our sole election. Although we aim to minimize service disruptions, we cannot assure you that there will be no outages or alterations to the Services but we will strive to restore access to these Services as soon as possible in the event of their interruption or suspension. Due to possible changes or disruptions to the Services, retrieval of your content may not always be possible. We are also not liable for any interruptions or changes to the Services.

We reserve the right to conduct essential maintenance, software upgrades and other works necessary to maintain the efficient provision of the Services. Where such work results in the Services or portions of the Services becoming temporarily unavailable, we may provide notice when reasonable for it to do so.

Any feedback, comments, requests for technical support, and other communications should be directed to customer service by sending an email to support@diglossia.net.
Technical Support. Technical support, through direct telephone or e-mail contact, is available from 8.00 a.m. to 6.00 p.m. Gulf Standard Time, Monday through Friday, with the exception of regularly scheduled business holidays as posted to the Dashboard. Notice of any expansion or reduction in the hours of operation will be provided to Testing Institution by Diglossia. Technical support is available to administrators with questions regarding test administration policies and procedures or problems for resolution. Diglossia shall make commercially reasonable efforts to ensure that access to the Services is available from 8.00 a.m. to 6.00 p.m. Gulf Standard Time, Monday through Friday, other than maintenance periods and for causes beyond Diglossia’s control.
Onboarding Students. As part of the registration process, you will be provided forms to input information required to onboard your school, teachers and students. All information provided will be subject to our Privacy Policy at www.diglossia.ae/privacy. Testing Institution will be responsible for procuring consents and otherwise comply with privacy laws when providing personal information to Diglossia.
Test Results. Tests for Reading and Vocabulary are graded online and results are available to administrators upon completion of the test. Tests for Writing may be done online or with pen and paper. The scoring is done by our Certified Diglossia Raters through TALA platform technology. Depending on their role, administrators have access to class or student reports, while teachers have access to reporting data for their own students. Separate score reports are calculated and reported for Acquisition of Vocabulary; Reading Informational, Technical and Persuasive Text; and Reading Literary Text.
Facilities, Equipment, and Supplies. Testing Institution shall ensure that the administrator administers the Services in accordance with instructions and security procedures. Computers used for testing are required to meet minimum specifications for the Services being administered as instructed by from time to time.
Data/Communications Link/Transmissions. Testing Institution will secure and maintain all Internet service connections for data transfer and a valid e-mail address for communications and shall be solely responsible for paying all costs associated therewith.
Our Content. The Services include original online and downloadable tests for duplication, training manuals, proprietary assessment methodologies, test administration or operational procedures, and any other materials developed by Diglossia and provided to and/or used by Testing Institution when accessing the Services, and all associated images, designs, colors, fonts, look and feel sequences, user interfaces, and any and all copyrights, trademarks, service marks, trade dress, patents, patent applications, and/or other intellectual property and/or proprietary rights therein (collectively “Our Content”). Our Content is our sole and exclusive property or the exclusive property of our licensors, and all right, title and interest therein is retained by us. You may only use Our Content for personal, noncommercial purposes pursuant to these Terms.
Your Content. All items you contribute or upload to our Services, including teacher and student roster data, written tests, text, audio recordings, links, images, GIFs, emoji, videos, and documents belong exclusively to you (“Your Content”). If additional methods for contributing content are introduced, those are also included.

You are not obligated to upload Your Content to the Services. However, if you do, you must have the legal right to do so and to grant the licenses specified in this section. Your Content is your sole responsibility, and we are not responsible for Your Content or how others may use it. Under no circumstances shall Diglossia be liable for Your Content, including, errors or omissions.

Use of Your Content. You represent and warrant that (a) you own Your Content or otherwise have the right to grant the rights, licenses and privileges described in these Terms and to perform and comply with all of the requirements set forth herein; (b) the submittal, upload, posting, emailing, display, transmission of Your Content does not violate these Terms, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into these Terms and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of Your Content.

Legal Capacity to Administer the Tests. You acknowledge and agree that You or your authorized employees administering the Tests: (1) are qualified for Tests administration and have appropriate training, education and experience and applicable licensing or certification to meet reasonable testing standards; (2) have no professional disciplinary restrictions (including, without limitation, felony convictions or indictments, disciplinary complaints or proceedings, or other legal restrictions) that preclude You from administering Tests; and (3) will administer Tests and use results from such Tests in accordance with reasonable and appropriate testing ethics and standards. You acknowledge and agree that no decision or diagnosis will be made solely on the basis of Tests results and that all Tests results will be used in conjunction with review of available records and based on experienced evaluator judgment.
License to your Content. By using our Services, you grant us a world-wide, non-exclusive, royalty- free, sublicensable, irrevocable, transferable, and perpetual license to use Your Content for the purpose of operating, developing and improving our Services. This license allows us to:

Utilize, process, store, disseminate, copy, and share Your Content as part of our provision of the Services.
Modify, reformat, and translate Your Content.
Train large language and machine learning models to improve and benchmark the Services.
Provide sublicenses for your content to facilitate the functioning of the Services as intended.
Feedback. Providing feedback grants us a non-exclusive, eternal, irrevocable, transferable license to employ the feedback and any resultant ideas without any limitations, acknowledgment, or remuneration to you.
No Service Bureau. Testing Institution shall not use the Service or Our Content for the benefit of any third parties or as a service bureau without prior written consent of Diglossia. Testing Institution understands and agrees that Diglossia, and the Diglossia logo and other Diglossia test product logos are registered trademarks of Diglossia. Except as provided herein, Testing Institution shall not use, reproduce, copy, or create materials containing Our Content, to benefit any third party, without prior written approval and review of such materials by Diglossia.
User Conduct and Community. You are solely responsible for your conduct in connection with the Service. You will not:

engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

submit, post, email, display, transmit or otherwise make available through the Service any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

submit, post, email, display, transmit or otherwise make available through the Service any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity, including an individual’s financial information, sexual preferences, medical, or health information protected under any health data protection laws, biometric data (for purposes of uniquely identifying an individual), and personal information of children protected under any child data protection laws;

engage in or encourage conduct that affects adversely or reflects negatively on Diglossia, its affiliates, or parent company, the Service, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Service, or from advertising or becoming a supplier to us in connection with the Service;

submit, post, email, display, transmit or otherwise make available through the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Service or the rights or use or enjoyment of the Service by any other user;

impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;

solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purpose of obtaining lists of other users or other information; or

modify, reverse engineer, decompile or disassemble, share, publish or distribute any part of the Service, whether in whole or in part, or create any derivative works from any part of the Service, or encourage, assist or authorize any other person to do so.

We retain the right to block, eliminate, or permanently delete Your Content if it violates these Terms, our community guidelines, other policies, or any laws or regulations, or if it poses a risk to us or impairs the experience of other users.
Confidentiality. Testing Institution acknowledges and agrees that by entering these Terms, and in the course of test administrations, certain information, which is proprietary and confidential to Diglossia and/or its licensors, shall be disclosed to Testing Institution, its Administrators and employees. Such proprietary and confidential information (the “Diglossia Proprietary and Confidential Information”) shall include, but is not limited to, the Services and all individual test questions, all technology and software related to the Services, all data to be collected from Students, the identities of the students, the internal Diglossia guidelines for the secure administration of the Services and any other information identified by Diglossia to Testing Institution as proprietary and confidential. Testing Institution agrees that it will not disclose the Diglossia Proprietary and Confidential Information to any third party without Diglossia’s prior written consent. Testing Institution agrees that it will take the same level of care and the same precautions to protect and maintain the security of Diglossia Proprietary and Confidential Information as Testing Institution takes to protect its own confidential and proprietary information. Testing Institution also agrees that it will disclose the Diglossia Proprietary and Confidential Information only to employees and agents of Testing Institution with a “need to know” such information. In order to ensure security of test administrations, Diglossia reserves the right to visit and monitor test site operations during scheduled test administrations, including pre – and post – testing periods.

Performance Warranty. Diglossia warrants that it will conform in all material respects to all specifications, instructions, policies, procedures, and requirements outlined by Diglossia.
Compliance with Laws. Diglossia agrees that in performing all services associated with the Services, it will comply with all applicable federal, state and local laws, rules, and regulations now or hereafter in effect.
Use of Artificial Intelligence. From time to time Diglossia may employ artificial intelligence associated with the Services and Tests. You represent and warrant that You know of no law or regulation that would be violated by Diglossia’s use of artificial intelligence to provide the Services or otherwise fulfill the terms of the Services agreement between You and Diglossia. Should any law come into effect that would forbid Diglossia’s use of artificial intelligence for these purposes, You agree that Diglossia will have the option of providing the Services without the usage of artificial intelligence in continuing to provide the Services and adjust fees to account for any such changes.
Indemnity. You hereby indemnify and agree to hold Diglossia, its directors, officers, employees, and agents harmless from, and against, all claims, demands, cost (including reasonable attorney fees and court costs) and causes of action of any type or nature, in law or equity, which arise from your misuse of the Services or your interpretation or implementation of Tests results. This indemnification shall survive the termination of the conditions of this Agreement.
Liability Disclaimer. Diglossia DOES NOT SET QUALIFYING SCORES FOR THE SERVICES. EACH TESTING INSTITUTION THAT ELECTS TO USE TEST RESULTS TO MAKE DECISIONS IS RESPONSIBLE FOR ESTABLISHING ITS OWN QUALIFYING CRITERIA. TESTING INSTITUTION ACKNOWLEDGES THAT THE TEST IS NOT A HIGH STAKES TEST, AND AGREES THAT IF ITS USE OF THE TEST RESULTS IS FOR PURPOSES OF ESTABLISHING ANY STUDENT REQUIREMENTS (e.g., PLACEMENT, GRADUATION), THAT THE TEST RESULTS SHALL NOT BE USED AS THE SOLE CRITERIA FOR SUCH DECISIONS. THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW.

OTHER THAN AS EXPRESSLY SET FORTH HEREIN, DIGLOSSIA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS TO TESTING INSTITUTION, ADMINISTRATOR, TEST TAKER OR ANY THIRD PARTY WITH RESPECT TO THE TESTS, DOCUMENTATION OR ANY OTHER SOFTWARE, SERVICE OR PRODUCT PROVIDED HEREUNDER OR OTHERWISE REGARDING THESE TERMS.

DIGLOSSIA ALSO DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY TECHNICAL PROBLEMS YOU MAY EXPERIENCE WITH THE SERVICE WHICH MAY RESULT IN INTERRUPTIONS TO THE SERVICE. DIGLOSSIA MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, TROJAN HORSES, CANCELBOTS, LOGIC BOMB OR ANY OTHER FORM OF PROGRAMMING ROUTINE DESIGNED TO DAMAGE, DESTROY OR OTHERWISE IMPAIR A COMPUTER’S FUNCTIONALITY OR OPERATION THROUGH YOUR USE OF THE SERVICE. IN THIS RESPECT YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO INSTALL SUITABLE ANTI-VIRUS AND SECURITY SOFTWARE ON YOUR COMPUTER HARDWARE AND OTHER DEVICES TO PROTECT AGAINST ANY SUCH BUGS, VIRUSES OR OTHER SUCH HARMFUL PROGRAMMING ROUTINES. ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ITS USE.

ALL SUCH IMPLIED PROVISIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING OUR SERVICES, YOU EXPRESSLY AGREE TO THIS COMPREHENSIVE DISCLAIMER, ACKNOWLEDGING THAT YOU ARE FOREGOING CERTAIN RIGHTS AND REMEDIES OTHERWISE AVAILABLE UNDER LAW, SUBJECT TO THE LIMITATIONS OF THIS CLAUSE.

WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY IN CIRCUMSTANCES WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION OR EXCLUSION. WHERE CERTAIN FORMS OF LIABILITY CANNOT BE LEGALLY EXCLUDED IN SPECIFIC JURISDICTIONS, OUR LIABILITY SHALL BE RESTRICTED TO YOU SOLELY FOR LOSSES, DAMAGES, COSTS, AND EXPENSES THAT ARE A DIRECT AND REASONABLY FORESEEABLE CONSEQUENCE OF EITHER OUR FAILURE TO EXERCISE THE LEVEL OF CARE AND SKILL THAT IS REASONABLY EXPECTED OR OUR MATERIAL BREACH OF THIS CONTRACTUAL AGREEMENT WITH YOU.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER DIGLOSSIA ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR (I) ANY LOSS OF DATA; USE; REPUTATION; GOODWILL OR OPPORTUNITY; (II) ANY LOSS OF OR FAILURE TO REALIZE EXPECTED PROFIT, REVENUE OR SAVINGS OR ANY OTHER FORM OF PURE ECONOMIC LOSS, WHETHER SUCH LOSS IS DIRECT OR INDIRECT; OR (III) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR LOSSES THAT YOU MAY SUFFER, WHETHER RELATING TO YOUR DOWNLOADING, SUBSCRIBE TO OR USE, OR INABILITY TO USE, THE SERVICE OR SERVICES DIGLOSSIA PROVIDES OR OTHERWISE, AND, IN EACH CASE, HOWSOEVER ARISING AND IRRESPECTIVE OF THE LEGAL THEORY INVOLVED— BE IT WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER APPLICABLE LEGAL FRAMEWORK—AND REGARDLESS OF WHETHER DIGLOSSIA OR ITS SUPPLIERS HAVE BEEN MADE AWARE OF THE POTENTIAL FOR SUCH DAMAGES.

THIS LIMITATION APPLIES EVEN IN CASES WHERE A REMEDY OUTLINED WITHIN THESE TERMS FAILS TO ACHIEVE ITS FUNDAMENTAL OBJECTIVE OR ESSENTIAL PURPOSE. THIS CLAUSE IN NO WAY ALTERS, DIMINISHES, OR INVALIDATES STATUTORY CONSUMER RIGHTS THAT CANNOT BE VOLUNTARILY SURRENDERED, LIMITED, OR OTHERWISE MODIFIED THROUGH ANY FORM OF CONTRACTUAL OBLIGATION. BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), DIGLOSSIA LIMITS OUR LIABILITY TO YOU TO $100 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY). DIGLOSSIA IS NOT LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.

IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BOTH YOU AND US THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS ARE FUNDAMENTAL TERMS THAT FORM THE BASIS OF THE CONTRACTUAL RELATIONSHIP BETWEEN US. THE LIMITATION OF LIABILITY SET FORTH IN THE PRECEDING SECTIONS OF THIS AGREEMENT SHALL EXTEND AND APPLYY IN ITS ENTIRETY TO RESIDENTS OF ANY JURISDICTION WHERE SUCH LIMITATIONS ARE LEGALLY PERMISSIBLE. FAILURE TO ENFORCE OR A WAIVER OF ANY OF THESE LIMITATIONS BY EITHER PARTY IN ANY INSTANCE SHALL NOT CONSTITUTE A GENERAL WAIVER OR RELINQUISHMENT OF THESE LIMITATIONS IN ANY OTHER INSTANCE.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL DIGLOSSIA BE RESPONSIBLE OR LIABLE TO TESTING INSTITUTION, ADMINISTRATOR, TEST TAKER OR ANY THIRD PARTY FOR ANY INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER TO USE OF THE TESTS.
Limitation of Liability. Diglossia’s entire liability and Testing Institution ‘s sole remedy regarding the use of the Services shall be the total amount of fees paid by Testing Institution to Diglossia in the six (6) months prior to the event causing the damage.
Changes To These Terms. Diglossia may change these Terms at any time by sending you prior notice via an e-mail with the modified Terms or by posting a copy of them on the Services. Any changes will take effect seven (7) days after the date of the e-mail or the date on which Diglossia posts the modified Terms on the Services, whichever is the earlier. Your continued use of the Services after that period expires means that you agree to be bound by the modified Terms. To ensure that you are aware of the most up to date version of these Terms, you will be asked to read and accept these Terms when you log-in. To print, please press CTRL + P.
Assignment. You may not assign, sub-license or transfer all or parts of your User Credentials, rights or obligations under these Terms without prior written consent from Diglossia. Any attempted assignment shall be void.
Force Majeure. Occasionally, Diglossia is unable to perform its obligations under these Terms due to circumstances beyond its reasonable control. In such circumstances including, but not limited to, system failure, fire, flood, earthquake and other natural physical disasters, strikes, trade disputes, lock downs, riots, accident, disruption to energy supplies, civil commotion, Internet outage, pandemics, acts of terrorism or war, Diglossia inability or delay in performing its obligations will not be deemed to be in breach of contract.
Severability. If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict with the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity, legality and enforceability of any remaining provisions. In such a circumstance, these Terms shall be amended to the extent necessary to make them legal, valid and enforceable.
Waiver. If you breach these Terms and Diglossia chooses to ignore your breach, Diglossia will still be entitled to use the rights and remedies available to it at a later date or in any other situation where you breach the Terms again. A waiver of any provision(s) of these Terms by Diglossia shall not be deemed a waiver of any other provision(s) of these Terms.
Exclusion of Third-Party Rights. These Terms do not create any right enforceable by any person who is not a party to them.
Governing Law. Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the laws of Abu Dhabi Global Market Court without regard to its conflicts of laws.
Dispute Resolution. If a dispute arises out of or in connection with this contract, both you and Diglossia will attempt to settle it by mediation as a pre-condition any further legal action. Other than disputes arising in relation to an actual or alleged infringement or misappropriation of a party’s intellectual property, all disputes arising out of or in connection with these Terms and the Services shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”) by three arbitrators appointed in accordance with the Rules. In addition to the Rules, the parties agree that the arbitration shall be conducted according to the IBA Rules on the Taking of Evidence in International Arbitration. The arbitration will be conducted solely in the English language. The seat of the arbitration will be London, England. Notwithstanding the foregoing, either party has the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments, a temporary restraining order, temporary injunction, permanent injunction and/or order of specific performance, as may appear reasonably necessary to preserve the rights of such party. The application by either party to a judicial authority for such measures shall not be deemed to be an infringement or a waiver of the arbitration agreement and shall not affect the relevant powers reserved to the arbitrator.

You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Entire Agreement. These Terms and any corresponding order constitute the entire agreement between Diglossia and Testing Institution with respect to the subject matter hereof and supersedes all other prior written or oral agreements, understandings and commitments between Diglossia and Testing Institution. If any of the provisions of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms shall not be affected thereby. Testing Institution may not assign these Terms or any of its rights or obligations hereunder without the prior written consent of Diglossia.
Complaints. If you have any complaints, please contact Diglossia via e-mail at support@diglossia.net or by post (at the address below) and Diglossia will do its best to resolve them.
Communication. Should you have any questions, need further clarification, or wish to raise concerns regarding these terms and conditions, please do not hesitate to contact us via email at support@diglossia.net. Our customer support and legal teams are available to address your inquiries and provide the necessary assistance. We reserve the right to communicate with you electronically for matters related to Your User Account, security updates, and changes to the Services. Where legally mandated, we will seek your explicit consent prior to sending you any direct marketing materials, newsletters, or promotional offers. Consent may be obtained via electronic means, such as a click- through agreement, or other methods as applicable.

We advise you to keep copies of any electronic communications we send to you, and to confirm receipt of important communications by replying or following the instructions contained within the communication, where applicable. This will serve as a record of your transactions and interactions with us.
Your cooperation and understanding in adhering to these Terms are greatly appreciated!
END
Version 1.0