Terms of Use
Jadawel SaaS Terms of Use
These Terms of Use (”Terms”) govern your access to and use of Jadawel (the ”Service”) provided by Data Migration and Services (”Rihal”). These Terms are between you and Data Migration and Services LLC (“Rihal”) a limited liability company incorporated in the Sultanate of Oman under CR No. (1312527) having its registered address at PO Box 786 PC 116 Muscat Oman.
PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE USING JADAWEL.
1. Acceptance of Terms
1.1. These Terms form a legally binding agreement between you and Rihal. By accepting (e.g., clicking “I agree”), installing, accessing, or using the Service (the “Effective Date”), you agree to be bound by the Terms provided herein. If you do not wish to be bound by these Terms, you may not access or use the Service.
2. Organizations
2.1. If you are an individual and you access or use the Service on behalf of a company, organization, principal, or other entity, such as your employer (each, together with its affiliates, an ”Organization”), then:
I. these Terms are an agreement between us and you and us and that Organization;
II. you represent and warrant that you have the authority to bind that Organization to these Terms;
III. your acceptance of these Terms will bind such Organization to these Terms;
IV. your individual right to access and use our Services may be suspended or terminated (and ownership and administration of your Account may be transferred) if you cease to be associated with, or cease to use an email address associated with, owned by, or provisioned by, that Organization;
V. we may disclose information regarding you and your use of the Services, including Your Content, to such Organization; and
VI. The terms “you” and “your” as used in these Terms refer to both you and such Organization.
2.2. If you sign up for the Service using an email address associated with, owned by, or provisioned by an Organization or if an Organization pays fees due in connection with your access to or use of our Services (or reimburses you for payment of such fees) or otherwise, then we may deem you in our sole discretion to be accessing and using our Services on behalf of that Organization.
2.3. You have full legal authority to bind your employer or such entity (as applicable) to these Terms. You represent and warrant that all information that you provide to us regarding any Organization on whose behalf you use our Services, including information identifying other users associated with such Organization or email domains owned by such Organization, is and at all times will be truthful, accurate, and complete, and that you will immediately notify us should any such information change or no longer be truthful, accurate, or complete.
2.4. If you are an Organization on whose behalf an individual user is accessing or using our Services as described above, then you are responsible for the acts and omissions of all such individual users and for ensuring that all such individual users comply with these Terms.
2.5. If you are an individual using our Services on behalf of an Organization, we may assume in our sole discretion that all of Your Content belongs to that Organization.
2.6. If you are an individual using the Service on behalf of an Organization and are collaborating with other employees or other individuals who have access to Your Content under your Account, or if you share Your Content with other individuals within or outside of such Organization, then Your Content that you make available to such other individuals (as well as other information, such as the names and contact information of other individuals who have access to your workspace(s) or Your Content within our Services) will be visible, accessible, and, depending on their designated level of access, editable by such individuals.
3. Use of Service
3.1. Eligibility: The Service is offered to individuals aged eighteen (18) years or older. By accessing and using the Service, you hereby represent and warrant that you meet the applicable age requirements. We reserve the right to request proof of age at any stage for verification.
3.2. License: Subject to these Terms, Rihal grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service subject to the Terms provided herein.
3.3. Registration: You may be required to register for an Account to access and use the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account and you agree to immediately notify Rihal of any security breach of your Account.
3.4. Devices and Accounts: Use of the Service may require compatible devices and Internet access, which may affect the performance of the Service. Rihal reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account.
3.5. Availability of the Service: The Service, or any feature or part thereof, may not be available in all languages or in all countries and Rihal makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.
3.6. Restrictions: You agree not to:
3.6.1. Reproduce, modify, copy, duplicate, sell, resell, rent, trade, or provide free or unauthorized access to the Service (or any part thereof) for any purpose.
3.6.2. Use, or encourage, promote, facilitate, instruct, or induce others to use the Service for any unlawful purpose or in violation of any applicable laws, regulations, or generally accepted practice in the applicable jurisdiction.
3.6.3. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without Rihal’s prior written consent.
3.6.4. Use the Service to infringe upon the intellectual property rights of others.
3.6.5. Use the Service to transmit any viruses, worms, malicious code, or any other material which is malicious or technologically harmful.
3.6.6. Attempt to gain unauthorized access to any part of the Service or its related systems or networks.
3.6.7. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service or which, as determined by Rihal, may harm Rihal or users of the Service or expose them to liability.
4. Jadawel AI
4.1. We may make available to you features or functionality of the Service when you purchase or otherwise enable Jadawel AI that utilize artificial intelligence, machine learning, or similar technologies. If you choose to enable Jadawel AI, your use of Jadawel AI will be subject to these Terms and our Jadawel AI Terms, as updated from time to time, which are incorporated into these Terms by reference.
5. Intellectual Property
5.1. Ownership: Rihal retains all rights, title, and interest in and to the Service, including all intellectual property rights therein, whether registered or not and wherever in the world they may exist. Nothing in these Terms shall be construed to grant you any rights in or to the Service except as expressly provided herein. THE USE OF THE SERVICE OR ANY PART OF THE SERVICE EXCEPT FOR USE PERMITTED IN THESE TERMS IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES INCLUDING POSSIBLE MONETARY DAMAGES.
5.2. Proprietary Information: You agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms.
5.3. Feedback: If you provide any feedback, suggestions, or ideas regarding the Service (“Feedback”) you hereby grant Rihal a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback.
5.4. Trademark Information: Rihal, the Rihal logo, Jadawel, the Jadawel logo, and any other Rihal trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Rihal in the Sultanate of Oman and/or other countries. You are granted no right or license in any of the aforesaid trademarks and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
5.5. Licensing Information: As long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software solely to access the Service. To the extent any component of the Software may be offered under an open-source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.
6. Privacy
6.1. Data Collection: Rihal may collect and use your personal data in accordance with its Privacy Policy which is incorporated herein by reference. By using the Service, you consent to the collection and use of your personal data as described in the Privacy Policy. By using the Service, you hereby grant your consent for collecting, using, storing, and processing your data, including your personal data. You should only provide us with personal data of others if you have received consent to do so; obtaining consent in accordance with applicable personal data protection laws is your sole responsibility, and Rihal shall not in all cases be liable for the same.
6.2. Confidentiality:
Confidential Information: In connection with these Terms, each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”) non-public business, product, technology, and marketing information, including without limitation, customers lists and information, know-how, software, and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior to or after the Effective Date. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.
Confidentiality Undertakings by the Receiving Party: The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information and limit access to those employees, affiliates, service providers, and agents on a need-to-know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.
7. Disclaimers and Warranties
7.1. As Is: THE SERVICE AND ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES MADE AVAILABLE ON OR THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. RIHAL, ITS AFFILIATES, SUBSIDIARIES, AND EMPLOYEES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND LOSS OF DATA.
7.2. RIHAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE THAT FROM TIME TO TIME RIHAL MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS. RIHAL DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND RIHAL DISCLAIMS ANY LIABILITY RELATING THERETO.
8. Limitation of Liability
8.1. Exclusion of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RIHAL, ITS AFFILIATES, SUBSIDIARIES, AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (1) THESE TERMS; (2) THE USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE SERVICE DUE TO TERMINATION, SUSPENSION, OR OTHERWISE; (3) ANY MATERIALS OR CONTENT IN IT; (4) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (5) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR DATA ON OR THROUGH THE SERVICE; (6) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER OR NOT RIHAL HAS BEEN ADVISED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
9.1. To the extent not prohibited by law, you agree to defend, indemnify, and hold Rihal, its affiliates, subsidiaries, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms; (d) your violation of any rights of another. You agree to comply with the Terms and to defend, indemnify, and hold harmless Rihal from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you. This indemnity provision applies to all violations described in or contemplated by these Terms and shall survive the termination or expiration of the Terms and/or your use of the Service.
10. Term and Termination
10.1. Term: These Terms are in full force and effect, commencing upon the Effective Date until the end of all Subscriptions to the Services underlying the Account, either paid or unpaid, unless terminated otherwise in accordance with these Terms.
10.2. Termination by Rihal: Rihal may, in its sole discretion, at any time terminate, suspend, or limit your access to or use of the Service without prior notice. Cause for such termination shall include but not be limited to: (a) violations of these Terms or any other policies referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues; (f) your participation in fraudulent or illegal activities; (g) failure to pay any Subscription Fees after you have been notified by Rihal; or (h) there is a general discontinuance of the Service or any part thereof.
10.3. Termination by User: You may terminate these Terms by discontinuing your use of or access to the Service at any time. If you wish to stop using the Service, you may follow the steps provided in the Service. The effective date of such termination will take effect at the end of the then-current Subscription Term. Any fees paid by you prior to your termination are nonrefundable, including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
10.4. Effects of Termination: Upon termination of your Account, you will lose all access to the Service and any portions thereof, including but not limited to your Account, email account, and added content. Rihal shall immediately delete all information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
11. Changes to Terms
11.1. Rihal reserves the right to modify or revise these Terms at any time in its sole discretion for a variety of reasons, including to reflect any changes to applicable laws, new regulatory requirements, or improvements and enhancements made to the Service. Any such modifications shall take effect immediately upon posting the revised Terms on the Service and shall apply and supersede any and all previous versions. You are responsible for reviewing the modified Terms periodically. It is your responsibility to periodically review the revised Terms. By continuing to use the Service after the revised Terms come into effect, you agree to be bound by them.
12. Subscription Fees and Payment
12.1. Subscription Plans: To access and use the Service we offer Subscription Plans you may subscribe to use certain aspects and features of our Service available either for free or for a Subscription Fee. Subscription Plans includes an automatic renewal option by default. Rihal reserves the right to change the offered Subscription Plans in its sole discretion.
12.2. Subscription Fees: You agree to pay your Subscription Fees as specified in the Subscription Plan opted by you through the payment gateway. You hereby grant us the right to automatically deduct the Subscription Fees through the provided payment method for as long as you use and access the Service.
12.3. Payment of Fees: You are responsible for providing current, complete, accurate, and accepted payment method and account information for all payments made for the Service and notifying us of any changes to such information. If your payment information is not accurate, current, and complete we may suspend or terminate your Account. You authorize us to provide your payment information to third parties to complete your transaction and to charge your payment method for the type of transaction you have selected (plus any applicable taxes and other charges). All payment will be billed in [OMR] and all invoiced charges shall be due immediately from the invoice date.
12.4. Failed Payment: If your payment is not successfully settled for any reason you remain responsible for any amounts not remitted to us and you authorize us or our third-party service provider to continue to charge your payment method without further notice until such time as your payment is settled.
12.5. Subscription Price Changes: Rihal reserves the right to change the price for recurring subscription fees from time to time with prior notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change you may unsubscribe prior to the price change going into effect.
13. Governing Law
13.1. These Terms are governed by and construed in accordance with the laws of the Sultanate of Oman. The Omani courts shall have the exclusive jurisdiction over any legal action, proceeding, or dispute arising out of or related to these Terms.
14. Force Majeure
14.1. Rihal shall not be held liable for any failure or delay in performance under these Terms due to Force Majeure events. Force Majeure events include but are not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, and any other events beyond the reasonable control of the affected party. In the event of a Force Majeure event, Rihal shall notify you and take all reasonable steps to mitigate the impact of the event on its performance under these Terms.
15. Entire Agreement
15.1. These Terms represent the entire understanding of the parties concerning the subject matter hereof and override and supersede any prior agreements concerning the same which are hereby revoked by accepting these Terms. If one or more provisions of these Terms are held to be unlawful, void, or unenforceable under applicable law, then that provision will be severed and the remaining provisions will remain in full force and effect.
16. Contact Us
16.1. If you have any questions about these Terms, please contact us at [support@rihal.om].