Terms of service

Kayan for Training and Education Services LLC – TERMS OF USE

(Last Updated: [•] December 2025)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT HOW YOU MAY USE THE SERVICES

Welcome to the online service of Kayan for Training and Education Services LLC ("Kayan," "We," "Our", or "Us"). These terms of use (these "Terms") explain the terms by which Customers and their Authorized Users (as defined below) may use Our online and/or mobile services, website, and related digital services (collectively, the "Services"), including access to Moments, Our flagship professional training program designed to equip educators, caregivers, and community practitioners with evidence-based tools for supporting children’s emotional literacy and resilience (“Moments”). By (a) accessing or using the Services, (b) signing a service order form with Us (a "Service Order") that applies to You or Your organization, or (c) clicking a button or selecting a box marked "I Agree" (or something similar), You signify that You have read, understood, and agree to be bound by these Terms and, where applicable, the Service Order. The Service Order is incorporated herein by reference, and together with these Terms constitutes the “Agreement,” whether or not you are a registered User of Our Services. If You do not accept these Terms, then You are expressly prohibited from using the Services and You must discontinue use immediately.

Supplemental Terms and Conditions or documents that may be shared via the Services from time to time are expressly incorporated into these Terms by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert You about any changes by updating the “Last Updated” date of these Terms. You acknowledge and agree that it is your responsibility to review these Terms periodically to remain informed of any updates, and you waive any right to receive specific notice of each individual change. By continuing to use the Services after the revised Terms have been posted, you will be subject to and will be deemed to have read, understood, and accepted the updated Terms.

Notwithstanding the foregoing, nothing in these Terms shall supersede or limit Your rights under (1) the Terms and Conditions of any written agreement You or Your institution have entered into with Us regarding the use of Services, or (2) applicable laws or regulations, to the extent these Terms are inconsistent with or prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms of an applicable written agreement you or your institution have executed with Us, the terms of the written agreement shall prevail.

General Provisions

Eligibility

This Agreement is made between You and Kayan. These Terms, together with any other documents incorporated herein by reference, form a legally binding agreement between You and Kayan. You must read and agree to these Terms before using the Services. If You do not agree, You are not permitted to use the Services. You may use the Services only if You can form a legally binding contract with Us, and only in compliance with these Terms and all applicable laws, rules, and regulations.
Customers are responsible for their own activities on the Services, as well as those of their Authorised Users (each as defined below), and for ensuring that all such Users agree to and comply with the applicable End User Terms. The Services are not available to any Users who have been previously suspended or removed from the Services by Us.

Customers and Authorized Users

“Customer”, “Users”, “You”, or “Your” means either (a) an individual who registers for a Moments program or purchases products, or (b) a legal entity that purchases a Licensing Package or otherwise subscribes to or uses the Services.
A Customer that is a legal entity may authorise individuals to access the Services under its account, including, but not limited to, staff members, educators, trainers, and administrators (collectively, “Authorised Users”). The Customer remains solely responsible for all acts and omissions of its Authorized Users in relation to the Services and these Terms.
Where an individual registers for or purchases the Services on behalf of a legal entity, that legal entity shall be deemed the Customer, and the individual represents and warrants that they have full power, authority, and legal capacity to bind such entity to these Terms.
The Services are not intended for Use in any jurisdiction where such Use would violate applicable law or require additional registration. If You access the Services from outside Jordan, You do so at Your own initiative and are solely responsible for compliance with all applicable local laws.
Where applicable, the Customer will:

inform Authorized Users of all relevant Customer policies and practices that affect their Use of the Services;
ensure that all Authorized Users agree to and comply with these Terms and any applicable End User Terms; and
obtain all necessary rights, permissions, and consents to grant the licenses under these Terms and to enable lawful use and transmission of any content submitted through the Services.

Accounts

User Accounts. Your account, or the accounts of your Authorized Users, on the Services (each a "User Account") provides access to certain features and functionalities including, but not limited to enrolment in training programs, participation in licensing packages, and use of the Moments digital resource hub. We may, in Our sole discretion, establish and maintain different types of User Accounts for different categories of Users.
Requirement for Account Registration. A User Account is required in order to register for the Training of Trainers Program (“TOT”), participate in any certification cohort, access the Moments digital resource hub, or use any other component of the Services that involves digital content on the Platform. Creating a User Account is necessary to access course materials, track Your progress, and manage Your credentials. If You are purchasing physical products, including but not limited to books, journals, or activity toolkits, You may complete Your purchase using guest checkout without creating a User Account. However, We recommend creating an account to enable faster checkout and to order history tracking.
Information Required for Account Registration. To create a User Account on the Platform, You must provide certain personal information, including (but not limited to) Your first and last name, email address, a password that meets the Platform’s security requirements, and a phone number for order updates and delivery coordination. You agree to provide complete, accurate, and current information during the registration process and to promptly update such information as necessary to maintain its accuracy and completeness. You are solely responsible for the accuracy of the information You provide. Failure to provide accurate or complete details may result in the suspension or termination of Your account and denial of access to the Services. We reserve the right to verify the information submitted and to refuse, suspend, or cancel any account or order if any information provided is found to be inaccurate, incomplete, or misleading.

You, your Authorized Users, or any other party may not use another User’s Account without such User’s permission. When creating a User Account, You must ensure that Your Authorized Users provide accurate, complete, and up-to-date information. You are solely responsible for all activity on your User Account and the User Account of your Authorized Users.. You must, and must ensure that Your Authorized Users (i) keep User Account password(s) and/or any other authentication credentials secure;(ii) refrain from sharing such credentials with any third party. We reserve the right to remove, reclaim, or change a Username You select if we determine, in Our sole discretion, that such Username is inappropriate, obscene, or otherwise objectionable. We encourage You to Use “strong” passwords (passwords that Use a combination of upper- and lower-case letters, numbers, and symbols) to protect Your User Account. Any Authorized User with administrator-level access to a Customer’s User Account can modify the User Account settings, access, and billing information. You are solely responsible for all activity under your Account and for the confidentiality and safeguarding of Your credentials. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of Your or any of Your Authorized Users’ User Account and/or any changes to Your or any of Your Authorized Users’ User Account, including, without limitation, changes made by any Authorized User with administrator-level access to Your User Account. You will notify Us immediately of any breach of security or unauthorized use of Your or any of Your Authorized Users’ User Account.

Customers and Authorized Users may control certain aspects of their respective User Accounts and any associated User profile, as well as how they interact with the Services, through their account settings page. By providing Us with Your email address, You agree to Us using that email address to send You Service-related notices, including any notices required by applicable law, in lieu of communication by postal mail. We may also use that email address to send You other messages, including, without limitation, marketing and advertising messages, such as messages notifying You of changes to features of the Services and special offers (collectively, “Marketing Emails“) in accordance with Your preferences and subject to any restrictions under applicable law. If You do not want to receive Marketing Emails, You may opt out of receiving them at any time or change your preferences on the services, by contacting the Services support team at hello@beingmoments.com or by clicking on the “unsubscribe” link within a Marketing Email. Opting out will not prevent You from receiving Service-related notices.

Changes, Suspension, and Termination

You may de-activate your User Account at any time. We may, with or without prior notice, change the Services, stop providing the Services or features of the Services to You, to any of Your Authorized Users, or to Users generally, or create Usage limits for the Services. We may, with or without prior notice, permanently terminate or temporarily suspend Your access to Your or any of Your Authorized Users’ User Accounts and/or the Services without liability, with or without cause, and for any or no reason, including if, in Our sole determination, You or any of Your Authorized Users, as applicable, violate(s) any provision of these Terms. Upon their termination for any reason or no reason, You continue to be bound by these Terms.

Your Interactions with Other Users

You are solely responsible for Your and Your Authorized Users’ interactions, including sharing of information, with other Users. We reserve the right, but have no obligation, to monitor disputes between Customers, Authorized Users, and other Users. We expressly disclaim all liability arising from Customers’ interactions with other Users, and for any Authorized User’s action or inaction, including relating to User Content.

User Conduct

By using Our Services, you represent and warrant that:

any and all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and You agree to comply with these Terms;
You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Services for any illegal or unauthorized purpose;
You will not systematically retrieve data or any other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us;
You will not make any unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited emails, or creating User Accounts by automated means or under false pretences;
You will not use a buying agent or purchasing agent to make purchases through the Services;
You will not use the Services to advertise or offer to sell goods and services;
You will not circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the Use or copying of any User Content or enforce limitations on the use of the Services and/or the Content, (as defined below) contained therein;
You will not engage in unauthorized framing of or linking to the Services;
make improper use of Our support services or submit false reports of abuse or misconduct;
You will not engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
You will not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
You will not attempt to impersonate another User or person or use the Username of another User;
You will not sell or otherwise transfer Your User Account;
You will not Use any information obtained from the Services in order to harass, abuse, or harm another person;
You will not use the Services as part of any effort to compete with user otherwise Use the Services and/or the User Content for any revenue-generating endeavour or commercial enterprise;
You will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
You will not attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
You will not harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Services to You;
You will not copy or adapt the software of any of the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
You will not delete the copyright or other proprietary rights notice from any Content;
You will not knowingly or recklessly upload or transmit (or attempt to upload or to transmit) any viruses, spyware, malware, or other material, including excessive Use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted Use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the Use, features, functions, operation, or maintenance of the Services;
You will not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
except as may be the result of standard search engine or internet browser Usage, You will not use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or Using or launching any unauthorized script or other software;
You will not disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Services; and
Your use of the Services will not violate any applicable law or regulation;

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Our Services ("Submissions") provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. To the extent permissible under applicable law, You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
If You provide any information that is untrue, inaccurate, not current, or incomplete, or violate any of these Terms, We have the right to suspend or terminate Your User Account and refuse any and all current or future use of the Services (or any portion thereof). In addition, We may take such other actions including, without limitation, legal action as We consider appropriate.
If You violate these Terms, or if we receive a request from a law enforcement authority or regulatory agency to do so, We may report Your identity, details of any violation and any other information We consider necessary to relevant law enforcement authorities or regulatory agencies.

User Content

Customers and Authorized Users may only submit content, including text, comments, audio, video, documents, or any other materials ("User Content"), through the Moments Services when explicitly required by a program, module, or activity (for example, uploading assignments, reflections, or responses as part of the Training of Trainers program). Unsolicited or unrelated content uploads are not permitted.
We are not responsible for, and make no warranties, representations, undertakings or guarantees in respect of, any User Content which is uploaded by a User. Any view expressed by any User of Our website is their view and not Our view nor the view of Our officers or employees.
By posting Your User Content to any part of the Services, You automatically grant, and You represent and warrant that You have the right to grant Us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. To the extent permissible under applicable law, You waive all moral rights in Your User Content, and You warrant that moral rights have not otherwise been asserted in Your User Content.
We do not claim ownership of User Content, and nothing in this Agreement will be interpreted to restrict Your rights to use or share Your content outside the Services.
We have the right, in Our sole and absolute discretion, to:

edit, redact, or otherwise change any User Content;
re-categorize any User Content to place it in more appropriate locations within the Services; and
pre-screen or delete any User Content at any time and for any reason, without notice.

When You create or make available any User Content, You represent and warrant that:

the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of User Content do not and will not infringe any proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us, the Services, and other users of the Services to use Your User Content in any manner contemplated by the Services and the Agreement;
You have the written consent, release, and/or permission of each and every identifiable individual person in Your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your User Content in any manner contemplated by the Services and the Agreement;
Your User Content is not false, inaccurate, or misleading;
Your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
Your User Content is not defamatory, obscene, offensive, indecent, malicious, hateful or inflammatory, or otherwise objectionable (as determined by Us);
Your User Content does not ridicule, mock, disparage, intimidate, or discriminate against anyone;
Your User Content is not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people;
Your User Content does not violate any applicable law, regulation, or rule, or promote or constitute illegal or unlawful activity;
Your User Content does not violate the privacy or publicity rights of any third party;
Your User Content does not contain any material that solicits personal information from a minor or exploits any minor in a sexual or violent manner;
Your User Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your User Content does not include any offensive comments or content connected to race, nationality, gender, sex, religion, disability or age; and
Your User Content does not otherwise violate, or link to material that violates, any provision of the Agreement, or any applicable law or regulation.

Any breach of the foregoing covenant may result in, among other things, termination or suspension of Your rights to use the Services.
If You find any User Content which other users have uploaded to our Services offensive or if You feel it violates Our Terms of Use, please contact Us immediately.

Our Services

Without limiting any other provision of these Terms, We reserve the right to, in Our sole discretion and without notice or liability, deny access to and use of the Services (including but not limited to blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms, the Agreement or of any applicable law or regulation. We may terminate Your use of or participation in any of the Services or delete Your account and any content or information that You posted at any time, without warning, in Our sole discretion.
We cannot guarantee that access to the Services will be available or uninterrupted at all times. We may experience hardware, software, or other problems or need to perform maintenance related to any of the Services, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate Us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
There may be information provided via the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information within the Services at any time, without prior notice.
Our Services may contain links to other websites from time to time. These links are provided for Your convenience. We have no control over, and no responsibility or liability to You for, those other websites or their content.
We reserve the right, but not the obligation, to:

monitor Our Services for breach of the Agreement;
take appropriate legal action against anyone who, in Our sole discretion, violates the law or breaches this Agreement, including without limitation, reporting such user to law enforcement authorities;
in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your User Content or any portion thereof;
in Our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and
otherwise manage the Services in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Services.

Term and Termination

The Agreement shall commence upon the creation of Your User Account on the Moments Platform and shall remain in full force and effect for as long as You access or use the Moments Services or maintain an active account that has not been terminated or deleted in accordance with these Terms.
For individual training Programs, the Term shall commence upon successful registration and payment and shall continue until completion of the program or expiry of the subscription plan, unless terminated earlier in accordance with these Terms. For institutional licensing, the Term shall be as defined in the applicable Service Order or subscription plan and shall continue until its expiration or termination in accordance with these Terms. (collectively, the “Term”). The Agreement remains effective until all Service Orders or subscription plan under the Agreement have expired or been terminated or the Agreement itself terminates.
We or the Customer may terminate the Agreement on notice to the other party if the other party materially breaches the Agreement and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of the Agreement caused by any of them. We may terminate the Agreement immediately on notice to Customer if We reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law or these Terms. We may terminate the Agreement immediately on notice to the Customer if the Customer is unable to pay their debts, or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with their creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.
Customer may terminate the Agreement upon providing Us with thirty (30) days’ prior written notice. In the event of such termination, the Customer shall remain liable for any unpaid fees covering the remainder of the subscription term following the effective date of termination
We may, at any time and at Our sole discretion, temporarily or permanently suspend, revoke, restrict, or terminate Your or any Authorized User’s access to the Services, Products, User Accounts, Credentials, or any other materials or offerings provided by Us, in whole or in part, with or without notice and for any reason or for no reason, and without any liability or obligation to provide compensation, refunds, or other remedies. Nothing in these Terms shall be construed as limiting this right. In the event of such termination, the Customer shall remain liable for any unpaid fees covering the remainder of the subscription term following the effective date of termination
In no event will any termination relieve Customer of the obligation to pay any fees payable to Us for the period prior to the effective date of termination. If Customer wishes to fully cancel its status as a Customer under the Agreement, it must affirmatively notify Us in writing of its intent to do so and Customer will immediately cease use, and ensure its Authorized Users immediately cease use of the Services and of all User Accounts under Customer’s control.
You understand and acknowledge that, unless required by applicable law, You will not be entitled to receive any refund or credit for any such cancellation nor for any unused time on Your subscription, any pre-payments made in connection with the subscription, any license or subscription fees for any portion of the Services, any content or data associated with Your User Account (or those of Your Authorized Users), or anything else.
In the event that We terminate or suspend Your account with any of the Services for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination of the Agreement, the Customer is responsible for requesting the deletion of Customer data and Authorized User data. If the Customer fails to request the deletion of Customer data or Authorized User data, We will retain the data in accordance with Our data retention policies.

Ordering and Checkout

To place an order through the Moments Platform, You must complete the checkout process as prompted. This includes (a) selecting Your desired items or program cohorts and adding them to Your cart; (b) providing the required information; (c) reviewing the total price, including applicable taxes and fees; (d) confirming Your acceptance of these Terms; (e) completing payment; and (f) receiving an order confirmation by email.
During the checkout process, Customers are required to provide complete and accurate information to enable the proper processing, fulfilment, and delivery of their orders. The system will prompt Customers to confirm their full name, which may be automatically populated from their User Account, as well as their shipping and billing addresses and phone number for order updates and delivery coordination. The shipping address must include the street address, city, postal code, and country. Customers acknowledge that any failure to provide accurate or complete information may result in delays, unsuccessful deliveries, or cancellation of the order.
All payments for purchases made through the Moments Platform are strictly pre-paid and processed securely through an integrated third-party payment gateway. Cash-on-delivery and post-payment options are not available. During checkout, Customers will be required to provide the cardholder’s name, credit or debit card number, expiry date, and CVV or CVC code. Payment processing is performed exclusively by the authorized payment gateway, and Moments does not collect, access, or store any full card information. All card data is handled in accordance with applicable data protection and payment security standards.
All orders must be paid in advance using a valid credit or debit card. Delivery of physical products, where applicable, will be handled in accordance with delivery terms communicated or updated at a later stage and incorporated into these Terms once finalized.
All prices are displayed in Jordanian Dinar (JOD), unless otherwise indicated, and are exclusive of applicable taxes, duties, or governmental charges. You are responsible for any such amounts assessed in connection with Your purchase.
We reserve the right, in Our sole discretion, to reject or cancel any order, including but not limited to cases involving suspected fraud, pricing or stock errors, or failure to process payment. In such circumstances, any payment received for a cancelled order will be refunded in accordance with Our refund policy and applicable law.

Pricing, Billing and Promotions

Prices for products, programs, and Services are subject to change at any time without prior notice, provided that confirmed, paid orders will not be affected.
Promotional codes, discounts, and offers are single-use, non-transferable, and may not be combined with other promotions unless expressly permitted. Promotions may be modified or withdrawn at Our discretion.
For institutional customers, billing terms and payment milestones are governed by the applicable Service Order. Late or missed payments may be subject to administrative fees, penalties, or interest charges as specified in the Service Order.

Cancellations, Refunds and Exchanges

All sales are final. No refunds or exchanges are offered for courses, digital content, or physical products once an order has been confirmed.
If a product is defective or damaged, You may request a repair or replacement, provided that You notify Us immediately upon its discovery, and in any event no later than seven (7) days from the date the Product is delivered (whether digitally or physically). Failure to notify Us within this period shall result in forfeiture of Your right to repair or replacement.
For digital content, once access has begun, or the files have been downloaded, streamed, or otherwise used, withdrawal and refund rights do not apply, except in cases of defects or other statutory rights that cannot be waived under law.
To request a remedy for a defective or non-conforming product, You must contact Us at hello@beingmoments.com with Your order details and a description of the issue. For physical goods, We may require the item to be returned for inspection before approving any replacement or refund.

Delivery and Fulfilment

Kayan will arrange delivery of physical materials, if any, through DHL or another reputable courier (the “Courier) selected at Kayan’s discretion.
Any delivery timelines provided by Kayan are estimates only and are not guaranteed. Kayan shall not be liable for delays caused by the Courier, customs, logistics disruptions, or events beyond its reasonable control.
Risk of loss or damage to shipped items passes to the Customer upon the Courier’s acceptance of the shipment.
The Customer is responsible for any applicable customs duties, import taxes, clearance fees, or other charges imposed by destination authorities, unless otherwise expressly agreed in writing.
Kayan is not responsible for failed deliveries resulting from the Customer’s provision of inaccurate or incomplete delivery information. Any re-delivery costs will be borne by the Customer.
Kayan may use digital delivery methods (including email, links, or online platforms) for fulfilment where appropriate. Digital fulfilment is deemed complete once the materials are made available to the Customer.

Credentialing and Use of “Moments Certified Trainer”

Individuals who successfully complete all required modules, assessments, and conduct standards of the Program will be awarded the Moments Certified Trainer credential (the “Credential”), subject to verification and approval by Kayan.
The Moments Certified Trainer credential authorizes the holder to facilitate community workshops and sessions focused on emotional literacy and mindfulness within their personal, educational, or organizational context. The credential does not constitute a professional qualification, nor does it grant or imply any governmental licensure, professional practice rights, or authorization to provide therapeutic or clinical services.
Credential holders may identify themselves as Moments Certified Trainers and use the official credential badges or titles provided by Kayan, strictly in accordance with Kayan’s Brand and Usage Guidelines. Holders must not suggest or imply employment, partnership, endorsement, or agency with Kayan or its affiliates, nor use the credential in any manner that could mislead or misrepresent such association.
Kayan reserves the right to suspend or revoke the Credential if the holder engages in misconduct, misrepresentation, plagiarism, unlawful use of materials, or any other breach of these Terms. In such cases, Kayan exercise this right in its sole discretion, and nothing in these Terms shall require the Kayan to meet any evidentiary or proof standard. Kayan will provide written notice of the alleged breach and afford the credential holder a reasonable opportunity to respond before any revocation takes effect. For the avoidance of doubt, Kayan may, at any time and for any reason or for no reason, suspend, revoke, or terminate the Credential or access to any Services.

Program Access and Digital Content

Upon full payment of the applicable fees and continued compliance with these Terms, We grant You a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the digital content associated with the purchased program cohort, including modules, videos, and downloadable materials (collectively, the “Digital Content”). Such access is provided solely for Your individual educational and non-commercial use, and only for the duration of the applicable cohort term and any expressly stated post-cohort archive period.
You acknowledge and agree that the Digital Content and related materials are the proprietary property of Kayan and its licensors and are protected by intellectual property laws. Except as expressly permitted under an institutional license agreement, You shall not copy, reproduce, modify, distribute, transmit, display, perform, publish, sublicense, resell, or otherwise make available any part of the Digital Content, curricula, or toolkits to any third party. Any unauthorized use, duplication, or dissemination of such materials constitutes a material breach of these Terms and may result in the immediate suspension or termination of Your access to the Platform, revocation of any credentials granted, and legal action to protect Our rights.
We endeavour to ensure continuous access to the Moments Platform and the Digital Content; however, access may be temporarily interrupted or suspended due to maintenance, updates, system enhancements, or unforeseen technical issues. While We will take reasonable steps to minimize any disruptions, We do not guarantee uninterrupted availability and disclaim all liability for temporary downtime or technical failures beyond Our reasonable control.
The Moments Program and all related Digital Content are provided strictly for educational and informational purposes. They do not constitute, and should not be interpreted as, clinical, psychological, or medical advice or treatment. The Program is not a substitute for professional therapy, counselling, or diagnosis. Participants experiencing clinical or psychological concerns should seek guidance from a qualified healthcare or mental health professional.

Intellectual Property Rights

Unless otherwise indicated, the Services are Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions.
The Content and the Marks are provided within the Services “AS IS” for Your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
Provided that You are eligible to use the Services, You are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Services, the Content and the Marks.
We respect the intellectual property rights of others. If You believe that any material available on or through the Services infringes upon any copyright You own or control, please immediately notify Us using the contact information provided below (a “Notification”). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that material located on or linked to by Our Services infringes Your copyright, You should consider first contacting an attorney.

Privacy and Data Security

We care about Your privacy. For information about how We collect, use, and disclose Your personal information and aggregated and/or anonymized data, please refer to Our Privacy Policy.
We care about the integrity and security of Your personal information. Nevertheless, We cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or to use Your data for improper purposes. You acknowledge that You provide Your data at Your own risk.
We reserve the right to delete any User Content at any time after termination of Customer’s status as a Customer, or at any time during the Term after any prolonged period of inactivity of the relevant User Account which may reasonably suggest that the account has been abandoned.

Confidentiality

The Services may include non-public, proprietary, or confidential information of Kayan for Training and Education Services LLC and/or of other users (“Confidential Information“). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will and, You will ensure that Your Authorized Users will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as You would use to protect Your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise Your rights, or to perform Your obligations, under the Agreement; and (c) not disclose any Confidential Information to any person or entity, except Your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this section.

Limitation of Liability

The Services are provided on an as-is and as-available basis. You agree that Your use of the Services will be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Services and Your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites linked to the Services and We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Services, (3) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and We will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or Services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate.
In no event will We or Our directors, employees, representatives or agents be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from Your use of the Services, even if We have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Our liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by You to Us during the six (6) month period prior to any cause of action arising; or (b) 100 JOD.
This limitation of liability shall apply to the fullest extent permitted by applicable law. If such limitation is unenforceable in Your jurisdiction, it shall be modified only to the minimum extent necessary to comply with such law.

Indemnification

You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, representatives and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your User Content; (2) use of the Services; (3) violation of these Terms (or breach of the Agreement); (4) any breach of Your representations and warranties set forth in these Terms; (5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom You connected via the Services.
Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defence of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law

The Agreement shall be governed by and defined in accordance with the laws of the Hashemite Kingdom of Jordan. Additionally, if You access the Services from outside the Hashemite Kingdom of Jordan, You may also be subject to mandatory consumer protection or data privacy laws of Your place of residence, which shall prevail to the extent they are applicable and non-waivable under local law. The courts of Amman in the Hashemite Kingdom of Jordan shall have exclusive jurisdiction over any disputes not subject to arbitration as defined in section 18.

Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or the Agreement, including any question regarding, but not limited to, its existence, validity, or termination, (each a "Dispute" and collectively, the “Disputes”) brought by either You or Us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration, such informal negotiations to commence upon written notice from one Party to the other.
Failing amicable settlement, the Dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC), which are deemed incorporated by reference into this clause. The arbitration shall be conducted by a sole arbitrator jointly nominated by the Parties; in the event the Parties fail to agree on such nomination, the sole arbitrator shall be appointed by the ICC. The seat of arbitration shall be Amman, Hashemite Kingdom of Jordan, and the language of the arbitration shall be English.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Miscellaneous

The Agreement and any policies or operating rules posted or shared by Us via the Services or in respect to the Services constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. The Agreement shall operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control. If any provision or part of a provision of the Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of the Agreement or use of any of the Services. You agree that the Agreement will not be construed against Us by virtue of having drafted them. You hereby waive any and all defences You may have based on the electronic form of the Agreement and the lack of signing by the parties hereto to execute the Agreement.
Neither Party will use the other party’s name, trademarks, or logos without such other party’s prior written approval.
In the event that You have any questions or concerns in relation to Our Services or these Terms of use, You can contact Us at: hello@beingmoments.com
Using the Services, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and via the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms are made in the English and Arabic languages and in the case of any inconsistencies between both texts, the English text shall control unless applicable law requires otherwise.

Force Majeure

Neither You nor We shall be held responsible for any failure or delay in fulfilling obligations under the Agreement (excluding Your obligation to make payments) when such failure or delay is caused by circumstances beyond the reasonable control of the affected party. These circumstances may include, but are not limited to, denial-of-service attacks, outages or failures by third-party hosting or utility providers, labour strikes (excluding those involving the affected party’s own personnel), shortages, civil unrest, fires, natural disasters, acts of war or terrorism, pandemics, or actions by governmental authorities. This applies to all Services accessed via Our website, mobile apps, or related platforms.

I confirm that I have read, understood, and agree to be bound by the Terms and Conditions of Moments.