Terms & Conditions
Please read these terms of service and any other policies and documents referenced in these Terms of Service, which make up the (agreement). Please read the agreement carefully before using this service.
By using the service or clicking on (sign up), the customer is agreeing to be bound by the agreement and if the customer is not an individual, the individual who clicks (sign up) has the appropriate authority to bind the customer to the agreement.
This agreement is between Tafeal Solutions Company (Service Provider), the operator of the Muazanh Site (Service), and the entity or individual agreeing to these terms (Customer).
Subject to this Agreement, the Service Provider grants to Customer a non-exclusive, non-transferable, and non-sublicensable revocable license (License) to access and use a cloud-based software service when Customer registers for a Muaznah account and as further outlined at Muazanh.com (Service). The License is granted for the Term of the agreement as defined under Article 7.
Use of Service
- Customer Owned Data. When registering for our Service you will provide the necessary information so you can use the Service, including, but not limited to, organization name, individual name, address, phone number, and email address.
- Access to Customer Account. Customers may allow (Other Users) to access the Customer’s account. Such access must be for the sole benefit of the Customer. The Customer is solely responsible for all permissions granted to Other Users and any actions taken by Other Users on the customer's account. The Service and the Service Provider accepts no liability or responsibility for any actions by another user on the Customer’s account. It is the policy of the Service Provider that, the Service Provider, its directors, officers, employees, agents, or consultants will not make any changes to Customer Data, except in the event of a termination of this Agreement. However, in certain circumstances, the Service Provider, its directors, officers, employees, agents or consultants will make changes to Customer Data, including changes or amendments to files a Customer sends to the Service if a Customer or a Customer’s Other Users request such changes or amendments. Or when modifications needed to resolve technical issues that prevent the Service Provider from delivering the Service correctly.
- Customer's Responsibilities. Customer (i) must maintain his passwords securely and confidentially; (ii) is solely responsible for Customer Data and all activities in its account in the Service; (iii) must make commercially reasonable efforts to prevent unauthorized access to its account and notify Service Provider promptly of any such unauthorized access; and (iv) may use the Service only following the User's Manual and applicable law.
- Trial Version. If the Customer has registered for a trial use of the service, the Customer may access the Service for the trial period granted by the Service Provider. The Service is provided AS-IS, with no warranty during this period. All Customer data may be deleted after the trial period unless the customer converts its account to a non-trial account.
The Customer must pay all fees as specified on the order, but if not specified then within 30 days of receipt of an invoice.
- Definition of Confidential Information. Confidential Information means all non-public information disclosed by the party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). The Service Provider Confidential Information includes but is not limited to the Service itself (including but not limited to user interface and design).
- Protection of Confidential Information. The Recipient must use the same degree of concern as it uses to protect the confidentiality of its Confidential Information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement.
- Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient before disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without using or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order.
- Reservation of Rights. The software, workflow processes, user interface, designs, know-how, and other technologies provided by the Service Provider as part of the Service are the proprietary property of the Service Provider and its licensors. The Customer may not remove or modify any proprietary marking or restrictive legends in the Service. The Service Provider reserves all rights unless expressly granted in this Agreement.
- Restrictions. Customer may not (i) sell, resell, rent or lease the service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or the performance of the Service, including, but not limited to uploading or distributing in any way files that contain viruses or corrupted files that may damage the operation of the Services; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the service; or (vi) access the Service to build a competitive service or product or copy any feature, function or graphic for competitive purposes.
- The Service Provider takes your information seriously, by using appropriate levels of encryption when transferring any data. ِAll the information transmitted to and from our servers is encrypted.
- When registering for the service you will provide the necessary information to use the service, including, but not limited to, company name, administrator name, address, phone number, and email address.
- If the Service is acquired, we will transfer all information to the acquirer. We may notify you of any change in ownership or selling, either by posting it on our website or by email.
- The Service Provider may have products or services that may interest you and therefore you may receive marketing emails from us. You can always (unsubscribe) or (disable) those marketing emails within the body of the email. We will not disclose or sell any of your information to a third party for marketing or any other purposes.
Term and Termination
- Term. This Agreement continues until the Customer or the Service Provider terminates the Customer account (Term).
- Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 15-day notice/cure period, if the breach has not been cured.
- Return of Customer Data. Within 15-days after termination, upon request, the Service Provider will make the Service available for Customer to export the Customer Data. After such 30 days, the Service Provider has no obligation to maintain the Customer Data and may destroy it.
- Dues. Upon termination of this Agreement for any reason, the Customer must pay any dues to the Service Provider and return any property lent by the Service Provider to the Customer.
- Aggregate Data. During and after the Term, the Service Provider may use non-personally identifiable Customer Data, Statistical Analysis Data, and Technical Support Data for purposes of enhancing the Service.
- Suspension of Service for Violation of Laws. The Service Provider may temporarily suspend the Service or remove the applicable Customer Data, or both if the customer violates the laws and the regulations.
Liability Limit and Disclaimer
- Limit on purposes of services. The services are not designed to replace professional advice, such as tax, accounting, labor, and other advice.
- Disclaimer: Except as expressly provided in this agreement, the Services are not guaranteed and are provided (as is). While the Service Provider takes reasonable, physical, technical and administrative measures to secure the Service, the Service Provider makes no representations, warranties or conditions as to uninterrupted or error-free or virus-free service, accessibility, privacy of files, security, merchantability, quality or fitness for a particular purpose and those arising by statute or otherwise, or from a course of dealing or usage of trade.
- LIMITATION OF LIABILITY: THE SERVICE PROVIDER, ITS DIRECTORS, Officers, agents, contractors, Shareholders or affiliates (RELEASED PARTIES) will not be liable in any way for any claim for (a) punitive, EXEMPLARY or aggravated damages; (b) damages for loss of profits or REVENUE, failure to realize expected savings, loss of use or lack of availability of customer data; (c) indirect, CONSEQUENTIAL or special damages, ARISING from or in connection with the services, regardless of WHETHER or not customer informed or advised the Service Provider of the possibility of such damages; (d) Contribution, indemnity or set-off in respect of any claims against customer; (e) any damages whatsoever relating to third-party products, client materials or any goods or services not developed or provided by the service provider; or (f) any damages whatsoever relating to interruption, delays, errors or OMISSIONS EVEN IF SUCH INTERRUPTION, DELAYS, ERRORS OR OMISSIONS WERE CAUSED BY ANY OF THE RELEASED PARTIES.
- Total limit on Liability. the Service Provider's liability for all damages arising out of or related to this agreement (whether in contract, warranty tort, including negligence, or otherwise) does not exceed the amount paid by Customer within the 12 months before the event that gave rise to the liability.
If any third-party brings a claim against the Service Provider or any of the Released Parties related to Customer’s acts, omissions, data or information within the Services, Customer must defend, indemnify and hold the Service Provider or the Released Parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporary negotiations or agreements, whether oral or written, relating to this subject matter, and there is no undertaking or promise not covered by this Agreement.
- Customer may not assign or transfer the Agreement or a Customer account to a third party unless as part of a merger or sale of substantially all the assets of Customer.
- Nothing in the agreement creates a partnership or joint venture between the client and (Muazanh).
- If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable for force majeure events.
- The parties have agreed that this agreement and the related documents be drawn up in the English language.
Disputes or claims of violation of this Agreement must be settled under the laws of the Kingdom of Saudi Arabia.