Terms of Service

Terms and Conditions for Obusiness for Business Solutions and Information Technology

Definitions:

The Company: Means (Obusiness for Business Solutions and Information Technology).
The Client or User: (Clients subscribed to the Obusiness for Business Solutions and Information Technology system).
Third Party: (Service providers, payment gateways, etc.).

User Representations and Warranties

The User acknowledges and commits under this Agreement to the following:

Compliance with Regulations: Full compliance with all laws, regulations, and instructions in force and applicable within the Kingdom of Saudi Arabia.
Data Accuracy: Providing correct, accurate, and up-to-date information upon registration or service request, with a commitment to update it upon any change.
Monitoring Notifications: Continuous review of all notices and notifications appearing via the platform or sent via approved communication channels regarding the operation and use of services.
Proprietary and Usage Rights: It is prohibited to reissue, publish, distribute, sell, or sublicense the provided services, or exploit them commercially in any form, except within the limits expressly provided for in this Agreement.
Legality of Use: Using the services for legitimate purposes only, and not using them to store or circulate any materials that violate the law, or to conduct operations involving fraud or deception.
Non-Harm: Undertaking not to use the service to cause any harassment, disturbance, or harm to any other party, and refraining from any act that would obstruct the proper operation of the system.
System Integrity: Not attempting to damage the service or the site, or copy or distribute the contents of the system and services without obtaining prior written consent.
Account Security: Bearing full responsibility for maintaining the confidentiality of login data, passwords, and any identification means granted to access the account.
Proof of Identity: Commitment to provide all documents and records proving the User's identity when requested by the Company.
Right of Refusal: The Company retains the full right to refuse to provide services or access to the system to any user, at its absolute discretion and without the need to provide reasons.

Adherence to Accounting Standards

The Company is committed to enabling the Client to prepare their financial statements and accounting records in accordance with the accounting standards approved in the Kingdom.
The system ensures the retention of accounting records and supporting documents in a manner that clarifies the Client's business, contracts, and financial statements.

Data Confidentiality and Information Security

The Company is committed to duties of care and loyalty, which include maintaining Client secrets.
It may not disclose any secrets they have become aware of due to their work, and the Client has the right to claim compensation if it is proven that their secrets were exploited or disclosed with the intent to harm them.

Client Data:

The Client retains all proprietary rights and full control over the data and information they enter or upload via the Services ("Client Data").
However, by using the Service, the Client grants the Company a license to do the following:

Data Ownership:

The Parties acknowledge that the Client owns all rights, title, and interest in (Client Data).
Under this Agreement, the Client grants the Company a limited, non-exclusive right to host, copy, display, and process this data solely for the purpose of providing and improving the Services.
The Company also has the right to use the data in an "anonymized" form (i.e., statistical data that does not identify the Client) for purposes of system development and general performance analysis, in compliance with the Personal Data Protection Law in the Kingdom of Saudi Arabia23.

Usage Licenses

A. Under these Terms and Conditions, the Company commits to granting you a limited, non-exclusive, non-transferable right to use the Service, provided you agree to the following:

The Company may, at its sole and absolute discretion, and without prior notice or bearing any liability, refuse, prevent, stop, or suspend your account(s) and/or your use of the Service.
This applies if the Company deems that your use does not comply with approved specifications or guidelines, or if it is considered inappropriate, illegal, or harmful to its interests.
In the event this right is exercised under paragraph (A), the Company shall not be liable to refund any part of the pre-paid subscriptions.
The Company also reserves the right to deduct any costs, damages, or expenses resulting from this illicit use from your subscription balance, or to claim them by any other legal means.
You acknowledge commitment to all policies or guidelines established or modified by the Company from time to time, whether related to technical specifications, privacy, or acceptable content.
You undertake not to grant access to the Service to any third party, and not to perform any act that would disrupt or interfere with the Company's systems, servers, or networks, whether manually or via malicious software.
It is also prohibited to reproduce, clone, sell the Service, or overload the systems.
The Company reserves the absolute right to modify, suspend, or withdraw the Service, Terms and Conditions, or the website at any time without prior notice.
You bear sole and full responsibility for your use of the Service and undertake to indemnify the Company for all losses and damages resulting from third-party claims related to your use or breach of these Terms.
You represent and warrant that you own all necessary rights and licenses for the content you enter into the Service ("Your Content"), and that this content complies with applicable laws and does not infringe on the intellectual property rights of others.
You warrant that you have the legal authority and full power to agree to these Terms and perform your obligations hereunder without violating any other agreements.
You agree to the Company's right to use your name as a reference or user of the Service in promotional materials and press releases.
Conversely, you may not use the Company's trademarks except with prior written consent from the Company.
You bear the responsibility for providing the hardware and software necessary to access the Service, releasing the Company from responsibility for any damage resulting from incompatibility between your devices and the service delivery platforms.
You acknowledge that the Company is the sole owner of any comments or suggestions you provide regarding the Service, and it has the right to use them to improve its services or develop new products.

B. The Company reserves all rights related to the Service not expressly granted to you in these Terms.

C. Under these Terms, you grant the Company a worldwide, royalty-free, non-exclusive license to use, modify, and host "Your Content" for the purpose of providing the Service to you, or publishing it in its community forums if available.

Review and Audit Powers

The accounting system allows the Client's auditor (appointed according to regulations) to view accounting records and supporting documents at any time, and to request necessary data and clarifications to verify assets and liabilities.
The system is technically committed not to hinder the work of the auditor or prevent those entitled from viewing documents.

Service Availability

The Company strives as much as possible to provide its electronic services year-round, 24 hours/7 days a week.
In all cases, it does not guarantee the system will work completely throughout the year, and there will be downtimes for maintenance, periodic updates, or adding new features to the Service.

Amendment of Terms and Conditions

These Terms and Conditions may be subject to amendments and updates from time to time, and these amendments take effect immediately without prior notice.
The User's continued access to and benefit from the Service indicates their acceptance of these amendments or updates after they come into effect.

Modification of Services

The Company, as a legal entity, reserves the right, at its sole discretion, to do the following at any time:

Update or modify the Service or any related materials, and/or stop publishing its services. If the Company decides to stop publishing its services, it may, at its will, replace the services with other similar materials.
Modify, change, suspend, or discontinue the Service (including, but not limited to, providing any feature, database, or content) at any time, by posting a notice on the site or sending a notice to you through the Service or via email.
The Company may also impose limits on certain features and services or restrict your access to parts of the Service or the entire Service without notice or liability.

Limitation of Liability

The Company provides no warranties, express or implied, regarding the system and its services; they are all provided "as is".
It clearly disclaims liability, to the maximum extent possible under the law, for all warranties, including but not limited to: warranties of fitness for a particular purpose, fitness for specific specifications and markets, and merchantability of proprietary rights.
It also does not guarantee the accuracy, content, or timing of the services, or the results that the user of the services may or may not obtain.
Neither the Entity, nor its agents, licensors, or affiliates shall be liable in any case for direct, indirect, penal, special, incidental, or consequential damages, including but not limited to: damages resulting from loss of profits, business interruption, loss of business information, or other financial losses resulting directly or indirectly from accessing, using (or failing to use), or relying on the Services.
Agreement to the terms and conditions of this Agreement means that the liability limit for data retention is three months for trial subscriptions and one year for paid subscriptions. Afterward, the Entity has the right to delete this data entirely from its service and dispose of it in the manner it deems appropriate according to its estimates.
In the event of subscription cancellation for any reason related to the User, the User can be provided with all data records related to their activity, for example: accounting reports, invoices, payment and/or receipt vouchers, customer and/or supplier directories, products.

Confidential Information and Proprietary Rights

The Client acknowledges that the "Service" and its components are confidential information and exclusive proprietary rights of the Service Provider (or authorized third-party suppliers).
The Service Provider acknowledges that "Client Data" is confidential information and exclusive proprietary rights of the Client.

Second: Exceptions. The obligations in this clause do not include the following information:

Information previously held by the receiving party or developed independently without relying on the disclosing party's information.
Information that became available to the public without the receiving party committing any legal violation.
Information obtained from a third party who has the right to disclose it without confidentiality restrictions.

Third: Confidentiality Obligations. The receiving party is committed throughout the term of the Agreement and thereafter to:

Non-Disclosure: Prohibiting the disclosure of confidential information to any person or entity, except for employees or affiliates whose nature of work requires viewing it (within the limits of executing the Agreement), or those approved by the disclosing party in writing.
Restricted Use: Limiting the use of confidential information solely to the purpose of exercising rights and performing obligations stipulated in this Agreement.
Protection of Property: Not modifying or removing any notices regarding proprietary rights from the received information.
Standards of Care: Exerting the maximum degree of professional care to protect the confidentiality of information, not less than the care exerted to protect their own information.

Fourth: Return of Information and Legal Disclosure:

Return or Destruction: Upon termination of the Agreement or upon written request, the receiving party commits to returning or destroying all confidential information in their possession, with the permissibility of retaining a limited copy only for regulatory compliance or legal archiving purposes.
Mandatory Disclosure: If disclosure is required under a valid law or court order, the receiving party must notify the disclosing party immediately and in writing, and cooperate with them to take necessary legal measures to protect the privacy of that information before disclosing it.

Legal Acknowledgments for Electronic Dealing

The Client acknowledges and agrees to the following:

Consent to receive all communications and dealings from the platform in electronic format.
Acknowledgment that all terms, conditions, agreements, and disclosures provided electronically meet all legal requirements and standards and stand in place of written documents.
If the Client wishes to withdraw their consent to electronic dealing, they must immediately stop using the Services. This withdrawal does not affect the validity or enforceability of obligations and dealings that took place before the date of withdrawal.
All notices and correspondence exchanged between the parties are considered valid and produce their legal effects in the following cases:
- Email.
- Correspondence via mobile phone (SMS).

Suspension and Termination of Services

The Company retains the full right to suspend the account, restrict access to it, or modify its permissions at any time without prior notice in the following cases:

Technical Safety: To ensure the protection and safety of the Entity's infrastructure and technical network from any threats or security vulnerabilities.
Legal Compliance: In implementation of applicable laws and regulations, or in response to court orders and decisions issued by competent government authorities.
Liability Protection: To ward off any risks that may result in legal liability, or to prevent any act that may lead to damaging the Entity's commercial reputation.
Financial Default: In case of breach of payment obligations or delay in paying due fees, whereby the Entity has the right to stop providing services completely until all overdue amounts and related financial obligations are settled.

General Provisions

First: Legal Liability for the Account:

The Client bears full legal responsibility for all activities and operations carried out via their account ID.
They commit to notifying the Company immediately if they suspect any unauthorized use or breach of their account security.

Second: Updating Data:

The Client commits to updating their contact information periodically and continuously through the dedicated interfaces on the website to ensure continued accuracy of communication.

Third: Payment Management and Fee Refunds:

By creating an account and subscribing to the requested Service or renewing your subscription, you indicate your agreement to the imposed fees.

Regarding fees for services or products you request; you agree to comply with any payment terms the Company may impose from time to time.
You may be required to pay the Company in advance and/or on an annual, semi-annual, quarterly, or monthly basis to use the Service.
Your subscription may be renewed automatically upon expiry or near expiry at the subscription prices applicable at the time of renewal.
However, even if there is a means to renew your subscription automatically, the responsibility to ensure your subscription is renewed before it expires lies solely with you, not the Company, otherwise your ability to use the Service will terminate automatically.
The Company may not provide advance notice of automatic renewal.
If this automatic renewal cannot be executed for any reason, your subscription will terminate automatically.
For subscribers who choose to pay by credit card, subscription fees for renewal may be charged to the registered credit card unless the Company is notified of a change or cancellation in writing using the tools or means it provides.
All amounts due from you to the Company may be included in a quotation excluding any Goods and Services Tax, or any other taxes that may be imposed on the subscription.
Regarding fees imposed by the Company, you agree that the Company may charge you and/or the registered credit card for any taxes or fees required by the Company under any applicable law or regulation to be imposed on the subscription or fees.
It is the Client's responsibility to manage or cancel their subscription before the start of the next billing cycle to avoid incurring new fees.
In case of subscription cancellation, future fee charges stop, and the Client is not entitled to claim a refund of fees for the period already paid before cancellation.

Non-Eligibility for Fee Refund:

If the service was provided, for example but not limited to, (at a discounted price - special promotional offer).

Refund Processing:

The Company reviews the refund request within 3 to 5 business days from the date of receiving the request.

The outcome of the request will be one of two cases:

Request Acceptance: The Client is notified of the acceptance and the refund process is executed within 7 to 14 business days via the original payment method.
Request Rejection: The Client is notified of the rejection with an explanation of the reasons.

Term and Termination

A. The Company may terminate its relationship with you, without prior notice, if you violate or fail to comply with any provision of these Terms and Conditions. This Agreement and your ability to use the Service may also be terminated automatically upon the expiration of your subscription.

B. After termination, the Company may, at its sole discretion, retain any data you have uploaded to its systems. However, you agree that other than any obligations explicitly stated in these Terms and Conditions, the Company bears no responsibility toward you to maintain your user account or any of your data after termination. You must not harm the Company and must release it from liability for any fees, damages, or claims it may be exposed to, or any actions it may face in this regard.

C. If termination is due to your failure to renew your subscription in a timely manner, you may reactivate your account and access your data if renewal is made available under these circumstances by the Company. To do so, you may have to pay any subscription fees or amounts the Company may impose, including reactivation fees (if any), within any period specified by the Company. Otherwise, the Company may permanently remove your accounts and any data you uploaded to its systems.

Cancellation Policy

Subscribers to the Company's services can cancel their subscription at any time.
If cancellation occurs before the end of the current subscription period, the Service will remain available until the end of that period, and no fees paid for the remaining period will be refunded.
For monthly subscriptions, the cancellation request must be submitted before the end of the current billing cycle to avoid fees for the following month.
For annual subscriptions, the cancellation request must be submitted 30 days before the annual renewal date to avoid billing for the coming year.
Cancellation requests can be submitted via email (Support Mail) or through the user account control panel.
The Company also reserves the right to cancel the subscription at any time if a violation of the applicable Terms and Conditions is discovered.

Assignment of Agreement

The Client is prohibited from assigning this Agreement or any of their rights or obligations hereunder to any third party without obtaining prior written consent from the Company. Any assignment made contrary to this is void and invalid.
The Company has the right to assign this Agreement in whole or in part without restrictions and without the need for prior notice, and the terms shall be binding on the general or special successors of the parties.

Marketing Use

The Client agrees to the inclusion of their business entity's name within the Company's client lists.
You also agree to the Company's right to use your name as a reference or user of the Service in promotional materials and press releases.

Force Majeure

A. The Client acknowledges that if the "Company" is unable to perform any of its contractual obligations, or is delayed in providing services wholly or partially due to an event falling within the scope of "Force Majeure," this is not considered a breach or violation of the terms of this Agreement.

B. The Company bears no responsibility and is exempted from all contractual obligations and liabilities (e.g., for damages) if its performance of these Terms and Conditions is affected by a Force Majeure event.

C. For the purpose of this clause, the term "Force Majeure" means and includes any event not under the Company's control or not reasonably foreseeable, including, but not limited to, any natural disaster such as thunderstorms, floods, storms, fire, national emergency, strike, similar labor actions, or unavailability of the Internet for reasons beyond the Company's control.

Electronic Signature and Validity

"The Client acknowledges that their electronic consent to these Terms (by clicking the approval button or using the Service) has the same legal validity as a manual signature, and it is binding on them before all judicial and official authorities."

Governing Law and Dispute Resolution

This Agreement is subject in its interpretation and execution to the laws of the Kingdom of Saudi Arabia.
In the event of any dispute or disagreement regarding the validity, execution, or interpretation of this Agreement, exclusive jurisdiction shall be for the competent courts in the city of Riyadh.

Notifications and Legal Notices

The User acknowledges that the Verified Electronic Address (email or phone number registered in the system) is an approved address for judicial notification and legal notices.
Text messages sent to the verified mobile phone or chosen email are considered valid notification producing its statutory effects.

Legal Liability

Information provided to users on or through the website and Service is for general information purposes only and does not represent any advice.
The Company will maintain the correctness and update of the website and Service and its contents as much as possible, but it does not guarantee that the website or Service is free from errors, defects, malware, and viruses, nor does it guarantee the correctness, accuracy, and update of the website and Service.
The Company does not bear liability for any damages resulting from the use (or inability to use) the website or Service, including damages caused by malware or viruses. It also does not bear liability for incorrectness or incompleteness of information, the website, or the Service, unless such damage results from willful misconduct or negligence.
The Company bears no liability for any damages resulting from the use (or inability to use) electronic communication means with the website or with the Service, including – but not limited to – damages resulting from non-delivery, delay in delivery, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications and virus transmission.

Dispute Settlement and Applicable Law

This Agreement is subject in its interpretation and the adjudication of any disputes arising from it to the laws valid and applicable in the Kingdom of Saudi Arabia.
In the event of any disagreement or dispute regarding the execution or interpretation of this Agreement, its solution shall be amicable. If no amicable solution is reached, the dispute shall be referred to the competent court in the Kingdom of Saudi Arabia.