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Terms And Conditions

Preamble

This Agreement governs all subscribers to the jaah – Software as a Service (SaaS) platform and its associated website, which is owned and operated by jaah Information Technology Establishment. Your use of the Service constitutes your acceptance of the terms and conditions set forth in this Agreement, together with any future amendments that may be published on the Website from time to time.

Please read this Agreement carefully before subscribing to the jaah – Software as a Service (SaaS) platform or using any part thereof. Your subscription constitutes your acceptance of all the terms and conditions contained herein. If you do not agree to all of the terms and conditions of this Agreement, or any updated version thereof, you must refrain from using the Service or any part of it. This Agreement exclusively governs the relationship between the User and jaah Information Technology Establishment in accordance with the terms and conditions set forth herein.

These Terms and Conditions constitute a legally binding agreement ("Agreement") between jaah Information Technology Establishment ("jaah") and the users of the Service. These User Terms govern your use of the jaah Service, which is an electronic management system that enables customers and users to register, store, and manage their accounting and business data in electronic form.

Any use of the services provided through the jaah System constitutes your acceptance of this Agreement and all of its provisions. Accordingly, you must not use the System if you do not agree to the terms and conditions contained herein.

jaah reserves the right to amend or modify these Terms and Conditions at any time without prior notice. As a user of the System, you are responsible for reviewing these User Terms periodically to stay informed of any updates. You are also encouraged to review our Privacy Policy to learn more about how jaah uses the information provided by users of the System.

Definitions

A. "jaah Information Technology Establishment" (hereinafter referred to as the "Service Provider") means an establishment duly incorporated and operating under the laws of the Kingdom of Saudi Arabia, with its principal office located in Al-Kharj at:

2826 Prince Salman Bin Mohammed Street, Al-Dilam 16323 – 7152, Kingdom of Saudi Arabia.

B. "jaah" (hereinafter referred to as the "Service") means the Enterprise Resource Planning (ERP) software service built on a cloud computing model, the features and specifications of which are described on the Service's official website. The Service is offered in multiple subscription plans according to the customer's selected package.

C. "Subscriber" means any individual or entity (whether commercial, governmental, non-profit, or any other legal form) to whom the Service is provided.

D. "jaah Website" (hereinafter referred to as the "Website") means the official website containing information, visual and audio materials introducing the Service, explaining its features, methods of use, subscription procedures, and providing the Subscriber login portal.

E. "Optional Services" means any additional services associated with the jaah Service and described on the Website, including but not limited to Remote Support, Installation, and Training services.

F. "Remote Support" means an optional component of the jaah Service that may be requested by the Subscriber as described on the Website.

G. "Use" means the Subscriber's access to the Service for the purpose of utilizing its available functionalities, including but not limited to accounting, human resources management, sales, purchasing, and all other services included within the subscription package selected by the Subscriber.

Eligibility for Services

You represent and warrant that:

  1. You have never previously been suspended from or prohibited from using jaah's services at any time.

  2. You are not a competitor of jaah, nor do you provide any product or service that competes with the services offered by jaah.

  3. You possess the full legal capacity, authority, and power to enter into this Agreement, and your execution of this Agreement does not violate any applicable law or contractual obligation.

Terms

1. Term of the Agreement

This Agreement shall become effective upon your acceptance of its contents and shall remain in force for as long as the Subscriber continues to pay the subscription fees specified on the Website. In the event of a breach of any provision of this Agreement, the Service Provider shall have the right to terminate the subscription and delete the Subscriber's data.

2. Payment and Renewal

Paid Services or Optional Services, including Remote Support, Installation, or Training, require the Subscriber to access the Website and select either "Subscribe" or "Add". By doing so, the Subscriber agrees to pay the Service Provider the applicable fees specified for such services on either a monthly or annual basis, as indicated in the Service description.

Service fees shall be charged in advance on the date of subscription or upgrade to cover the Service for the applicable subscription period. No refund or compensation shall be provided for any unused portion of the subscription period unless expressly stated otherwise in the description of the relevant Service.

3. Automatic Renewal

Unless the Subscriber notifies the Service Provider through the Website, prior to the expiration of the applicable subscription period, of their intention to cancel the subscription or change the subscription level, the subscription shall automatically renew under its existing features and conditions.

The Subscriber hereby authorizes the Service Provider to collect the applicable subscription fees on either a monthly or annual basis, as specified in the Service description, using the Subscriber's registered credit card, any other registered payment method, or cash payment where applicable.

The Subscriber may modify the subscription features by contacting the Service Provider.

4. Security Precautions

The Subscriber shall take all necessary security precautions to prevent unauthorized access to the Service. Such precautions include, without limitation, refraining from sharing the login URL, usernames, or passwords with any third party. The Service Provider shall not be liable for any loss or damage resulting from the Subscriber's failure to adequately protect their login credentials.

The Subscriber shall not attempt to gain unauthorized access to the Website, copy, modify, disclose, or leak Website data, alter its design, damage, destroy, modify, occupy its domain, interfere with access to the Website, disrupt, or disable it. The Subscriber shall bear full legal responsibility for any damage caused to the Website as a result of such actions.

5. Support

During the subscription period, the Service Provider shall provide technical support to the Subscriber as described in this section, during the official business hours announced on the Website and in the manner deemed appropriate by the Service Provider.

Technical support includes:

  1. Providing assistance via telephone or electronic communication channels to help the Subscriber understand and resolve technical issues.

  2. Delivering updates, enhancements, improvements, or other modifications relating to the Service without additional charges, unless the Subscriber requests a custom update or feature that was not originally agreed upon, in which case additional fees may apply.

6. Maintenance

The Subscriber acknowledges and agrees that the Service Provider may perform maintenance activities from time to time for the purposes of upgrading the Service, introducing new features, creating backup copies, or addressing security vulnerabilities, if any.

Such maintenance may require temporary suspension of the entire Service for a period not exceeding one and a half (1.5) days per month. If the interruption exceeds this period, the Subscriber shall be compensated by extending the subscription period by twice the number of days during which the Service was unavailable.

Where one or more Service components are disrupted while the System as a whole remains operational, the Subscriber shall report the issue to the Service Provider. Such issues shall be resolved free of charge within the timeframes established by the Service Provider based on technical and operational considerations. The Subscriber shall not be entitled to claim any compensation for maintenance periods relating to service interruptions that do not render the entire System unavailable.

7. Data Retention

The Subscriber acknowledges that, in the event they discontinue using the Service, whether upon their own request or due to failure to pay the applicable subscription fees, the Service Provider shall grant a grace period of three (3) days for payment, during which the Subscriber shall continue to have full access to all Service features and their data.

If the outstanding fees remain unpaid after the expiration of the aforementioned grace period, the Service Provider shall have the right to suspend the subscription. Seven (7) days thereafter, the subscription shall be permanently terminated, and all Subscriber data shall be irrevocably deleted. The Subscriber shall not be entitled to claim any financial or moral compensation as a result thereof.

The Subscriber further acknowledges that if they reactivate their subscription after the aforementioned periods, the Service Provider does not guarantee the recovery of any previously stored data.

In the event that the Subscriber is enrolled in a trial subscription package, all data shall be permanently deleted immediately upon the expiration of the trial period.

8. Intellectual Property Rights

The Service Provider respects intellectual property rights and requires both Subscribers and Visitors to respect such rights.

If a Subscriber or Visitor believes that any content available through the Service infringes their intellectual property rights, they may submit a notice to the Service Provider. Upon receipt of such notice, the Service Provider shall promptly remove the infringing content or any link leading thereto from the Website.

Nothing in this Agreement transfers to the Subscriber or Visitor any intellectual property rights relating to the Service Provider, the Service, or any third party. All such rights shall remain the exclusive property of their respective owners.

The names "jaah", "jaahlaw.com", and "jaah.it", together with all associated logos, graphics, trademarks, and service marks used in connection with the Service, are the property of the Service Provider or their respective owners.

Use of the Service does not grant the Subscriber or Visitor any ownership rights, license, or authorization to reproduce, distribute, modify, display, or otherwise use any trademark or intellectual property belonging to the Service Provider.

9. Disclaimer

The Service is provided on an "AS IS" basis.

Neither the Service Provider nor its suppliers make any express or implied warranties regarding the Service or the Website, including, without limitation, warranties of merchantability, fitness for a particular purpose, satisfactory quality, integration, non-infringement, uninterrupted availability, or protection against data loss.

The Service Provider shall not be liable for any loss, damage, cost, expense, or claim incurred by the Subscriber or any third party arising out of or relating to the use of the Service or the Website under this Agreement, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, regardless of the legal basis upon which such claim is made.

10. Indemnification

The Subscriber agrees not to cause any harm to the Service Provider, its property, contractors, licensors, directors, officers, employees, representatives, or agents.

The Subscriber shall indemnify, defend, and hold harmless the Service Provider from and against any claims, liabilities, damages, losses, costs, and expenses arising from the Subscriber's breach of this Agreement or any proven damage caused by the Subscriber, including reasonable legal fees and attorneys' fees.

11. Non-Assignment

This Agreement is personal to the Subscriber.

The Subscriber shall not assign, transfer, delegate, sublicense, or otherwise dispose of any of their rights or obligations arising under this Agreement to any third party without the prior written consent of the Service Provider.

12. Amendments

The Service Provider reserves the right, at its sole discretion, to amend, modify, replace, or update any provision of this Agreement at any time.

The Subscriber shall be solely responsible for reviewing this Agreement periodically in order to remain informed of any updates. The Service Provider may publish such amendments on the official Website or notify the Subscriber through the registered email address, whichever method is available.

The Subscriber's or Visitor's continued access to the Website or continued use of the Service after the publication of any amendment shall constitute acceptance of such amendment.

The Service Provider may, from time to time, introduce additional features, functionalities, tools, reports, content, or enhancements to the Website or the Service. All such additions shall automatically become subject to the terms and conditions of this Agreement.

13. Termination of the Agreement

Should the Subscriber wish to discontinue the Service, they may do so by simply ceasing payment of the subscription fees or by notifying the Service Provider directly through the Website or via the Service Provider's designated communication channels.

Please note that subscriptions are purchased for the agreed monthly or annual subscription period, or any portion thereof, and the Subscriber shall not be entitled to claim any refund or compensation for the remaining subscription period upon termination.

In such event, the Subscriber's data shall be deleted in accordance with the provisions set forth in Section 7 (Data Retention).

The Service Provider shall also have the right to terminate the Service by providing the Subscriber with one (1) month's notice, allowing sufficient time to export or copy their data, without being required to provide any reason, in the event that the Subscriber fails to pay any outstanding amounts due or breaches any provision of this Agreement.

Any provisions of this Agreement which, by their nature, are intended to survive termination, including but not limited to indemnification, warranties, and disclaimers of liability, shall remain in full force and effect following termination.

14. Privacy

With respect to the Service, the Service Provider is committed to respecting the Subscriber's privacy and maintaining the confidentiality of all data entered by the Subscriber while using the Service. The Service Provider shall not access the Subscriber's account, review its contents, or copy any data entered therein except upon the Subscriber's request for the purpose of facilitating the Subscriber's work, providing training, delivering technical support as described under Remote Support, or retaining data following the expiration of the subscription as described in this Agreement.

With respect to the Website, the Service Provider collects non-personally identifiable information typically transmitted by internet browsers, including, but not limited to, browser type, preferred language, operating system, request date and time, and similar technical information. Such information is collected to better understand how Subscribers and Visitors interact with the Website and to generate aggregated statistical reports that do not identify any individual user.

The Service Provider also records Internet Protocol (IP) addresses of Visitors and Subscribers, which may, under certain circumstances, identify an individual. However, such information shall not be disclosed except as expressly provided in this Agreement.

The Service Provider retains the information necessary for subscribing to the Service, including the Subscriber's name, email address, contact information, payment details, and any other information provided during registration.

The Service Provider may disclose such information only to its employees, contractors, affiliated organizations, or authorized service providers who:

  1. Require such information to process it on behalf of the Service Provider or to deliver the requested Service to the Subscriber; and

  2. Have agreed not to disclose such information to any third party.

Some employees, contractors, or affiliated organizations may be located outside the Subscriber's country of residence. By using the Service, the Subscriber expressly consents to the transfer of such information outside their country.

The Service Provider shall not rent, lease, or sell any Subscriber or Visitor information to any third party except as expressly stated herein or where disclosure is required pursuant to a court order or an official governmental request.

The Service Provider reserves the right to send emails or communicate with Subscribers through any available communication channel from time to time for the purpose of informing them about new features, important information relating to the Service, the Website, or the Service Provider, or to request their feedback regarding the Service.

The Service Provider may also publish certain inquiries, responses, or technical support requests received from Subscribers for the purpose of assisting other Subscribers or promoting the Service, provided that all information capable of identifying the Subscriber has been removed.

Cookies are small text files stored on the user's device and made available by the browser each time the Website is visited in order to recognize returning users and preserve their preferences.

The Service Provider uses cookies to identify the most frequently visited pages and to remember user preferences. If the Subscriber or Visitor does not wish to accept cookies, they may disable them through their browser settings; however, certain parts of the Website or the Service may not function properly as a result.

15. Business Transfer

If the Service Provider, or any part of its business, is acquired by a third party (such as another company), Subscriber and Visitor information may constitute part of the transferred assets.

The Subscriber acknowledges and agrees that such transfer may occur and that the acquiring party may continue to use the Subscriber's information in accordance with the provisions of this Agreement.

In the event of the Service Provider's bankruptcy or permanent cessation of business operations, the Service Provider shall grant the Subscriber access to the subscribed Service for a period of one (1) month from the date of bankruptcy or cessation of operations, solely for the purpose of exporting or copying their data.

16. Remote Support

Where the Subscriber requests the optional Remote Support Service, the Service Provider shall assign a qualified support specialist to deliver the requested support services in accordance with the Service description published on the Website or through any communication channels deemed appropriate by the Service Provider.

The Subscriber agrees to provide the remote support specialist with all information necessary to perform the required support services. The Service Provider shall not be liable for any delay or failure in providing support resulting from the Subscriber's failure to provide the required information in a timely manner.

The Subscriber acknowledges that part of the remote support specialist's responsibilities may require access to the Subscriber's server or Service environment (where this option has been requested). Accordingly, the Subscriber shall create a dedicated user account and grant the remote support specialist the necessary permissions to perform the requested support services.

The Subscriber further acknowledges that email shall be the primary communication method for the Remote Support Service. Telephone communication may also be used should the Subscriber require clarification or have inquiries regarding the Service.

If the Subscriber requests meetings with the support specialist or periodic scheduled visits, such services may be be provided subject to additional fees and the specialist's availability.

The Subscriber agrees that the official working hours for communication with the assigned support specialist shall be from Sunday through Thursday, between 9:00 a.m. and 5:00 p.m., excluding official holidays and public holidays.

The Service Provider reserves the right to assign a replacement support specialist whenever deemed necessary, including but not limited to circumstances such as leave or illness of the assigned specialist, without such replacement constituting a breach of this Agreement.

The Subscriber acknowledges and agrees that any consultation, recommendation, or guidance provided by the support specialist regarding the use of the Service shall not render either the Service Provider or the support specialist liable for any damages or failure to achieve the expected results, as further described under Section 9 (Disclaimer).

17. Training

Where the Subscriber requests the optional Training Service, the Service Provider shall provide instructional recordings or schedule training sessions as described on the Website and as mutually agreed upon.

If the Subscriber is unable to attend a scheduled training session, the Subscriber shall notify the Service Provider and request rescheduling at least twenty-four (24) hours before the agreed appointment.

Failure to provide such notice or attend the scheduled session shall result in that session being counted as one of the Subscriber's allocated training sessions.

The On-site Training service may not be available in all geographical areas. The Service Provider reserves the right to decline on-site training requests outside its service coverage area or to provide the training remotely instead.

18. Governing Law

Any dispute arising out of or relating to this Agreement, including any claim concerning its interpretation, validity, enforcement, or alleged breach, shall be governed by and construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia.