Terms and Conditions

  1. Introduction

    These terms and conditions govern the use of THE SCARAB STUDIO and all its services. You agree to these terms and conditions by using our website. Please know that if these terms and conditions are not approved, you will not be able to benefit from the services of The Scarab Studio.

    The following terms and conditions shall apply to all Users in relation to The Scarab Studio services through The Scarab Studio website. These terms and conditions come into force once You accept a specific service through the Website or through any other form of communication with The Scarab Studio.

    Please note that you should review and agree with our Privacy Policy as it is integral to these terms and conditions.

    This Agreement supersedes any prior agreements or arrangements between THE SCARAB STUDIO and You.
    The Scarab Studio may immediately terminate this Agreement and/or any provision of Services thereunder, or generally, cease offering or deny access to the Services or any portion thereof at its sole discretion, at any time for any reason, without incurring any liability towards You.

    The User agrees and accepts that the use of the Website and the Services provided by The Scarab Studio is at the sole liability of the User and further acknowledges that The Scarab Studio disclaims all representations and warranties of any kind, whether expressed or implied.

  2. Definitions

    The following definitions apply to the Terms and Conditions set out below. These Terms and Conditions, along with the Privacy Policy, hereby set out the whole agreement and understanding between THE SCARAB STUDIO and the “User” whether an individual or entity that accesses our Website.

    We”, “Us”, “Our”, “THE SCARAB STUDIO”, and “Website” shall refer to THE SCARAB STUDIO, its employees, and authorized agents.

    The “User”, “Users”, “You”, “Your”, shall refer to the Users of the Website and/or the Services.

    Users: shall refer to any independent people (whether an individual or entity) who benefit from the variety of services offered on the Website.

    Services: means THE SCARAB STUDIO Services as these Terms and Conditions described.

    Website: means THE SCARAB STUDIO Platforms whereby its Services shall be used and engaged.

    Force Majeure: means an act of God, including but not limited to fire, floods, storms, hurricanes, typhoons, volcanic activities, or earthquakes, as well as acts, orders, or requests of a sovereign or a government and /or of anybody purporting to be or to act for such authority, wars, whether declared or not, war-like actions, revolutions, riots, civil insurrections, or civil commotions, as well as strikes, lockouts and/or similar actions in labor disputes, and any other comparable cause beyond the control of a party unless its performance has been expressly guaranteed by expressly waiving the exemption of a Force Majeure event.

    Applicable Laws: this means the laws of the Arab Republic of Egypt.

  3. Representations and Warranties

    In ensuring that Users can form legally binding contracts, in case you are representing yourself, you undertake that you are not less than 18 years old or the age of legal majority in your jurisdiction, whichever is greater.

    Suppose you are registering as a business entity or representing a third party. In that case, you undertake that you are the authorized representative of such third party to bind such third party by these Terms unless otherwise, you shall be fully liable for any consequences that may arise from such misrepresentation.

    You hereby represent and warrant that You are representing a third party, a legal entity incorporated as per the law, with full power and authority to own its assets and carry on its business as it is being conducted. You hereby represent and warrant that: you have all necessary consents, licenses, and approvals concerning the entry into and performance of your obligations under these Terms.

  4. Accounts, Registration, and Forms Submissions

    The User either or must create an Account or fill out forms of engagement on THE SCARAB STUDIO Website to be able to purchase/engage the Services of THE SCARAB STUDIO reserves the right to accept or reject such an Account/Submission.

    Account registration or forms register requires you to submit to THE SCARAB STUDIO certain personal information, including but not limited to your full name, email address, mobile phone number, Your company name. The validity of that information and data is the User's sole liability, without any liability for THE SCARAB STUDIO. You agree to maintain true and accurate, complete, and up-to-date information in your account/forms. You are liable for all activity that occurs under Your account/forms.

    If THE SCARAB STUDIO suspects, at its sole discretion, that any of the information you provided is untrue, inaccurate, incomplete, or not current, without prejudice to any other rights and remedies of THE SCARAB STUDIO under these Terms and Conditions or under the Applicable Laws, we have the right to reject, suspend, or limit your access to the Website and its Services.

    THE SCARAB STUDIO may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide a response with further information or documentation. Without limiting the foregoing, if You are a business entity or registered on behalf of a business entity, such information or documentation may include your trade license, other incorporation documents, and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to THE SCARAB STUDIO upon such requests. You acknowledge and agree that if You do not, THE SCARAB STUDIO, without liability, may reject, limit, suspend, or withdraw your access to the Website. We also reserve the right to cancel unconfirmed/unverified accounts/forms or accounts/forms that have been inactive for a long time.

    By completing your registration, you acknowledge having read, understood, and agreed to be bound by these terms and conditions, along with the Privacy Policy, as they may be amended from time to time, which are hereby incorporated and made an integral part hereof.

  5. Services

    THE SCARAB STUDIO provides the following as main services:
    Performance Marketing | Programmatic Advertising | Lead Generation Solutions | E-commerce Solutions | Online Creative Content | Social Media Marketing - Explore More about Services

    THE SCARAB STUDIO
    provides e-marketing services, managing social media pages, and e-marketing content creation processes such as publications, pictures, stories, reels, and other forms of e-marketing. It also provides performance analysis services and provides you with monthly reports on user interaction, in addition to many agreed-upon services specified exclusively in the agreement between THE SCARAB STUDIO and YOU.

    THE SCARAB STUDIO also provides digital marketing services such as site optimization for search engines (SEO), content writing, ad writing, media post-production, visual 2D animation, digital advertising, and email marketing. THE SCARAB STUDIO also provides a service for managing social media pages and websites. 

    THE SCARAB STUDIO Website displays its achievements and its work with major international and local companies, as well as the work it has done and carried out for those companies to conclude agreements with THE SCARAB STUDIO. Approval of these terms and conditions is not considered the Conclusion of an e-marketing agreement. Rather, it is necessary to sign a separate agreement to benefit from the company's services. 

  6. Electronic Communications

    By creating an Account/Form Submission, you agree that you are communicating with us electronically. Therefore, you consent to receive periodic communications from us. THE SCARAB STUDIO will communicate with you via e-mail or may send you information via text messages (SMS-WhatsApp), as well as by posting notices on the Website as part of the normal business operation of your use of the Website. You acknowledge that opting out of any of the said means of communication may affect your use of the Website.

    You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    THE SCARAB STUDIO will request your agreement during registration to send you promotional emails or notifications related to the Website and its services. If, at any time, you decide that You do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

  7. Copyrights, Trademarks & Generative AI Content

    All content included on the Website, including but not limited to text, graphics, THE SCARAB STUDIO’s logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property and copyright work of THE SCARAB STUDIO or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Website is the exclusive property and copyright of THE SCARAB STUDIO. It is protected by copyright, trademarks, patents, or other intellectual property rights and laws.

    THE SCARAB STUDIO and related logos are the trademarks of THE SCARAB STUDIO. THE SCARAB STUDIO's trademarks may not be used in connection with any product or service that is not THE SCARAB STUDIO's nor in any manner that disparages or discredits THE SCARAB STUDIO.

    Generative AI Content:

    At The Scarab Studio, we employ advanced Generative Artificial Intelligence (AI) technologies to create, generate, and enhance content on our website, www.thescarabstudio.com - This includes but is not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively known as "Content").

    AI-Generated Content:
    The Content produced by our AI is original, unique, and created in real-time based on multiple factors. This ensures that the Content you see is tailored, up-to-date, and relevant. We do not manually control the exact output of the AI; instead, we guide it using various data, prompts, inputs, and parameters.

    AI-Generated Content Copyright:
    All Content generated by our AI on this website is the property of The Scarab Studio and is protected by international copyright laws. This includes the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

    AI-Generated Content Usage Rights:
    Per our Terms & Conditions, you may use the AI-generated Content on our website for personal, non-commercial purposes, provided you do not modify the materials and retain all copyright and other proprietary notices contained in the materials. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this site is strictly prohibited without the express written consent of The Scarab Studio.

    Violation of AI-Generated Content Copyright:
    Unauthorized use of our AI-generated Content may violate copyright and trademark laws, privacy and publicity laws, and civil and criminal statutes.

  8. Cookies Policy - License to the Website

    Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.

    Subject to the license below, all these intellectual property rights are reserved.

    You may view, download for caching purposes only, and print pages from the website for your personal use, subject to the restrictions below and elsewhere in these terms of use.

    You must not:

    Republish material from this website (including republication on another website);

    Sell, rent, or sub-license material from the website;

    Show any material from the website in public or through public channels;

    Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

    Redistribute material from this website [except for content specifically and expressly made available for redistribution].

  9. Privacy and Confidentiality

    User(s) shall not disclose any information received under any contract with THE SCARAB STUDIO to any third party. Access to any information pertaining to THE SCARAB STUDIO's business shall be kept confidential to the extent it might adversely impact THE SCARAB STUDIO`s business. User(s) shall be liable to indemnify THE SCARAB STUDIO against any loss of business or reputation due to the act of the User(s).

  10. Acceptable Use

    1. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    2. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

    3. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent.

    4. You must not use our website to transmit or send unsolicited commercial communications.

    5. You must not use our website for any purposes related to marketing without our express written consent.

    6. Subject to the User`s compliance with these terms and conditions, THE SCARAB STUDIO grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

    7. - Access and use the Services solely in connection with the provision of the Services.

    8. - Access and use any content, information, and related materials that may be made available through the Services.

    9. THE SCARAB STUDIO reserves any rights not expressly granted herein and may be revoked at any time without notice to the User.

    10. The User shall not use any trademark or any intellectual property rights belonging to THE SCARAB STUDIO from any portion of the Services, and shall not reproduce, modify, prepare, publicly, perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by THE SCARAB STUDIO in writing, and shall not decompile, reverse engineer or disassemble the Services, and shall not link to mirror or frame any portion of the Services or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Services, or unduly burdening, or hindering the operation and/or functionality of any aspect of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

    11. The User may not post in anywhere else on the site (as determined at our sole discretion): solicitation, advertising, foul language, profanities, obscenities, culturally offensive material, religiously offensive material, critical political content, material that may threaten the public interest or national security, defamatory or libelous harassment, or other content that may be offensive or indecent.

  11. Restricted Access

    Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or our whole website, at our own discretion only.

    If we provide you with / you generate a user ID and password to enable you to access restricted areas like the admin dashboard of our website or other content or services, you must ensure that the password is kept confidential.

    You must notify us in writing immediately if you become aware of unauthorized use of your account or password.

    You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

    You must not use any other person’s user ID and password to access our website unless you have that person’s permission.

  12. User Content

    You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights; for example, and not restricted to (blogs - descriptions - copywriter - projects descriptions - submitted form messages).

    You warrant and represent that your content will comply with these terms of use.

    Your content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you or us or a third party (in each case under any applicable law).

    You must not submit any content to the website that has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

    We reserve the right to edit or remove any material submitted to our website, stored on our servers, or hosted or published on our website.

    Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to or publication on our website.

  13. Disclaimer

    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SCARAB STUDIO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS.

    THE INFORMATION CONTAINED ON THE WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION PROVIDED BY THE SCARAB STUDIO WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE APPLICATION OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE APPLICATION FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

    ALL ACCOUNTS REGISTERED WITH THE SCARAB STUDIO ARE CONTINUOUSLY TRACKED FOR SECURITY PURPOSES AND PERFORMANCE REASONS. IT IS EXPRESSLY MADE CLEAR TO YOU HEREBY THAT THE SCARAB STUDIO DOES NOT OWN ANY ACCOUNT OF ANY KIND

  14. Limited Warranties

    We do not warrant the completeness or accuracy of the information published on this website, nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

    To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to this website and the use of this website [including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill].

  15. Limitations and Exclusions of Liability

    1. THE SCARAB STUDIO Website shall not be held liable for any failure related to communication between the Users

    2. THE SCARAB STUDIO shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, lost data, or damages that may arise, even if THE SCARAB STUDIO has been advised of the possibility of such damages. THE SCARAB STUDIO shall not be liable for any damages, liability or losses incurred by you arising out of your use of or reliance on the Services or your inability to access or use the Services or any transaction or relationship between You and any company or any other User or the Third-Party Service Providers, even if THE SCARAB STUDIO has been advised of the possibility of such damages. THE SCARAB STUDIO shall not be liable for delay or failure in performance resulting from causes beyond THE SCARAB STUDIO`s reasonable control. We shall not be liable if the Third-Party Service Providers may not be professionally licensed or permitted.

    3. The User acknowledges that our website is for promotional and advertising purposes only and does not represent an offer on our part but is merely an offer of our business and services. The User also acknowledges and agrees that using the Website does not constitute a contract with THE SCARAB STUDIO. Rather, to benefit from our services, it is necessary to communicate with us and conclude an independent contract specifying the services provided to You and consideration of such services. 

    4. Users and the third parties agree that THE SCARAB STUDIO shall not participate in disputes between both parties in any case. Whereas, by using the said Services. And the use of the Services shall be at the User’s risk and judgment. THE SCARAB STUDIO shall have no liability arising from or in any way related to the User’s transactions or relationship with the Third-Party Service Providers.

    5. THE SCARAB STUDIO shall not be liable for any erased data, In case of deactivation of your account.

    6. THE SCARAB STUDIO shall not be held liable in any case or for any matter and/or information related to the Users’ information and its authenticity. However, THE SCARAB STUDIO will use its best endeavors to ensure the authenticity of such information.

    7. The Third-Party Service Providers are independent Services providers under contract with THE SCARAB STUDIO and are not employees, representatives, and/or agents of THE SCARAB STUDIO. 

    8. THE SCARAB STUDIO shall be entitled to disclose any User information it may possess to affiliated corporate entities within its group of companies, or if required by law, or if requested or directed to do so by any official government body. THE SCARAB STUDIO will do so at its sole discretion or as We may determine to be suitable or in Our best interest to do so. THE SCARAB STUDIO shall have the right to use the data and information of Users in scientific research and statistics.

    9. THE SCARAB STUDIO shall be entitled to disclose any User information to any of the Service Providers to the extent which enables him to offer its services or products.

    10. THE SCARAB STUDIO shall be entitled to add to, vary or amend any or all of these terms and conditions at any time without notice. The User shall be bound by any additions, variations, or amendments once incorporated into these terms and conditions on THE SCARAB STUDIO’s Website.

    11. These limitations do not purport to limit liability that cannot be excluded under the Applicable Laws.

    12. Nothing in these terms of use will:
      (a) limit or exclude our or your liability for death or personal injury resulting from negligence;
      (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
      (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
      (d) exclude any of our or your liabilities that may not be excluded under applicable law.

    13. The limitations and exclusions of liability are set out in this Section and elsewhere in these terms of use:
      (a) are subject to the preceding paragraph; and
      (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database, or software. We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

  16. Indemnity

    You agree to indemnify and hold THE SCARAB STUDIO, its affiliates, sponsors, partners, directors, officers, and employees harmless from and against and to reimburse THE SCARAB STUDIO with respect to any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to (i)Your breach to these Terms, applicable Policies and Conditions (ii) violating the rights of THE SCARAB STUDIO and/or a third party; (iii) Your negligence; (iv) providing an Inappropriate Content; (v) any harm and/or expenses incurred by THE SCARAB STUDIO due to Your breach; (vi) any illegal activities occur on Your Account; your breach of this Terms & Conditions, along with our Privacy Policy or use by You or any Service Provider of the same Services.

  17. Force Majeure

    THE SCARAB STUDIO shall not be liable for any delay, interruption, or failure in the provisioning of Services if caused by acts of Force Majeure, including but not limited to declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

  18. Breaches of Terms

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

  19. Variation

    We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

  20. Assignment

    We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms of use.

  21. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue.

    If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed deleted, and the rest of the provision will continue in effect.

  22. Exclusion of Third-Party Rights

    These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.

    The exercise of our and your rights about these terms of use is not subject to the consent of any third party.

  23. Entire Agreement

    Subject to the first paragraph of Section [INDEMNITY], these terms of use, together with our privacy policy and cookies policy, constitute the entire agreement between you and us concerning your use of our website and supersede all previous agreements in respect of your use of our website

    The rights and obligations of the parties pursuant to these Terms & Conditions are governed by and shall be construed in accordance with the laws of the Arab Republic of Egypt.

    You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Arab Republic of Egypt for any dispute arising under or relating to these Terms & Conditions and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms & Conditions in any jurisdiction where you reside, do business, or have assets.