Terms & Conditions

Preamble

This Agreement covers all subscribers to the programs and services of Asr Nebras Trading Company and its websites, owned and operated by the Company. By using these programs or services, you agree to the terms of this Agreement and any updates or modifications published in its place.

Please read this Agreement before subscribing to any of our programs and services, as subscription constitutes acceptance of the terms and conditions contained herein. If you do not agree to any of the terms and conditions in this Agreement or any updated versions thereof, you must not use any of our programs and services. We confirm that this Agreement between you and Asr Nebras Trading Company is limited solely to the terms and conditions stated in this Agreement.

General Terms and Definitions

Asr Nebras Company, hereinafter referred to as "Asr Nebras," "we," or "the Service Provider," is a company established and operating within the Kingdom of Saudi Arabia in accordance with its laws. The Company provides its programs and services to its customers within and outside the Kingdom directly.

The System, Program, Website, Application, or Service all refer to the service or services provided by the Company to its customers as agreed, including but not limited to:

• The accounting software in its various packages
• Task management software and point-of-sale application
• Electronic menu

The Subscriber or Customer is the individual or entity entitled to use the Service in accordance with the terms and conditions specified herein or in any specific contracts or agreements with them, whether an individual, commercial entity, governmental body, or non-profit organization.

The User is anyone who has access to the Service based on the Subscriber providing them with a username and password, directly or indirectly.

Subscription or Account means creating a dedicated account for the Subscriber on the Program or Service to enable them to use it. Optional Services are any additional services that the Customer may request or be offered, such as training, technical support, account review, analysis, and consulting services.

Accountant is a person qualified to practice the accounting profession.

Website refers to pages belonging to the Service Provider, including the Company's official website and system sites. A Visitor is anyone who browses the Website, whether a Subscriber or not.

Agreement Duration

This Agreement commences upon payment of the agreed-upon service fees and acknowledgment of this Agreement's contents. It remains in effect as long as the Subscriber complies with the subscription fees agreed upon or stated in their account details. In case of breach of any provisions of this Agreement, the Service Provider reserves the right to cancel the subscription and delete the Subscriber's data.

Payment and Renewal

• Payment for the Service is made in advance, whether for periodic subscription services or optional services paid on a per-request basis, such as training.
• Subscription renewal must be paid before the end of the current subscription period. The Company reserves the right to collect amounts owed through channels and methods it deems appropriate, whether through manual collection or electronic payments. All amounts paid to the Company in advance are considered non-refundable or non-compensable once the account is created or the service is provided.

Automatic Renewal

Unless the Subscriber formally notifies the Service Provider via technical support or email before the end of the current subscription period of their desire to cancel the subscription or service, the subscription will be automatically renewed, and the Service Provider reserves the right to collect subscription fees.

Security Precautions

• The Subscriber must take security precautions to prevent access to the Service by unauthorized persons. This includes not sharing login links and user names and passwords with anyone. The Service Provider does not guarantee any damage resulting from the Subscriber's failure to take the necessary precautions to protect their login information.
• The Subscriber must not attempt unauthorized access to the System or Service, or copy, modify, leak, alter, damage, occupy its address, obstruct access to it, interfere with it, or disable it.
• The Subscriber acknowledges full awareness that all services and programs provided by the Service Provider are cloud-based and require a permanent internet connection. The Subscriber understands that the Service Provider's provision of auxiliary tools such as mobile applications or computer programs does not replace the need for an internet connection. The Service Provider bears no consequences resulting from working without internet by any means or form.
• You are fully responsible for all activities related to your account, including any actions taken by persons to whom you have granted access to your said account.
• Only you have the right to access and use your account.
• You are responsible for ensuring that your login information remains confidential at all times. It will be assumed that if your login information is used to access the services by another user, that user has the legal authority to use such credentials. If you become aware of unauthorized login by an unknown user, you agree to immediately notify the Service Provider via email or by contacting technical support. You remain responsible for any activity on your account until the Service Provider is notified of the breach and takes appropriate action.
• We reserve the right to change the account type or suspend or terminate the account without any compensation for anyone who provides inaccurate, incorrect, or incomplete information, or who does not comply with account registration requirements or system use.
• The Service Provider may, at its sole discretion, terminate or refuse to approve free account registrations with or without cause or notice.
• It is understood that the confidentiality of any user content sent, transmitted, used, created, or transferred to third parties through the System by users is no longer confidential and does not contain any intellectual and industrial property rights / copyrights / licensing rights.

Technical Support

During the subscription period, the Service Provider provides technical support to the Subscriber through channels the Service Provider deems appropriate, such as chat systems, email, phone calls, or field visits if requested by the Subscriber and at their expense.

Maintenance

The Subscriber agrees that the Service Provider may perform necessary maintenance as needed, whether for upgrades, launching new versions, adding new features, backup, patching security vulnerabilities if any, or for any reason the Service Provider deems appropriate. This may involve changes to the system or downtime not exceeding 48 hours throughout the year. If total downtime exceeds 48 hours, the Subscriber is entitled to claim compensation in the form of an extension of the subscription period equal to the downtime.

Data Retention

• The Subscriber acknowledges and agrees that if they discontinue using the Service, whether by their request or due to failure to pay subscription fees, the Service Provider has the right to suspend all services related to the Subscriber and delete them along with any resulting data and information without any notice or refund guarantees.
• Asr Nebras Company reserves the right to cancel or terminate any account that violates the terms and conditions as well as the privacy policies of this Agreement. The Company also reserves the right to retain any information pertaining to the relevant customer in its database.
• You may close your account at any time and will remain responsible for any pending purchases as well as any other fees or expenses incurred. Asr Nebras Company will not issue any refunds for amounts previously incurred through our services once your account is closed.
• You can close your account by contacting technical support and following their specific instructions.
• In certain cases, we may not allow you to close your account for the following reasons:
  • A request from a legally authorized entity.
  • If you owe money to Asr Nebras Company due to your use of the services.

Intellectual Property Violations

• The Service Provider respects property rights and requests all parties to observe such rights. If the Subscriber discovers content related to them that violates intellectual property laws, they may send a notice to the Service Provider, who will respond by removing the content or any link leading to it within the System.
• This Agreement does not transfer any intellectual property rights related to the Service Provider or any third party to the Subscriber or others; the Service Provider retains its rights therein.
• The names, domains, logos, graphics, and registered trademarks of the Service Provider or other parties, including agents and distributors of programs and services, are the exclusive rights of their owners. The Subscriber's use of the Service does not grant the right or license to reproduce or use any of the Service Provider's trademarks.
• Infringement or attempted infringement on the security of Asr Nebras programs and systems is prohibited, and legal and penal actions will be taken against those who engage in such violations. In case of suspected illegal violation, relevant legal institutions will be contacted or cooperated with. If it is determined that the specified actions in this article have been carried out, the user's access to programs and systems will be terminated in accordance with the law, and the person or persons who committed the violation will be financially, legally, and criminally liable to the person whose rights were violated.

Disclaimer

• The Service is provided "as is," and the Service Provider and its suppliers make no express or implied warranties for performance resulting from use of the Service, including but not limited to quality or fitness for any particular purpose, integration, non-infringement, or loss of data. The Provider is not responsible for any loss or damage to the Subscriber or any third party caused by the Service or Website under this Agreement or any direct, indirect, special, incidental, or consequential damages, whether based on this Agreement or any other legal theory arising from use of the Service or operation under this Agreement.
• This software is provided for the benefit of users as is and contains no written or oral warranties, specific or general, to the maximum extent permitted by law.
• Asr Nebras provides the protection it deems appropriate for data, and the user should perform periodic backups of what they consider important and appropriate.
• There is no liability or compensation if the program is subjected to any type of breach beyond management control.

Indemnification

• The Subscriber agrees not to harm—including psychological harm—the Service Provider or its properties, contractors, licensors, directors, employees, representatives, agents, or distributors, and shall bear all costs of claims and expenses incurred in case of proven damage and breach of the Agreement, including attorney's fees.
• Verbal or written abuse of any kind (including threats of abuse or retaliation) by any customer towards Asr Nebras or an employee, member, or official thereof will result in formal action against the customer, which may include immediate termination of the account without any compensation.

Non-Transferable Agreement

This Agreement is exclusive to the Subscriber, who must not assign or transfer any rights or obligations under this Agreement to any third party.

Modification

The Service Provider reserves the right to modify or replace any part of this Agreement as it deems appropriate. The Subscriber is responsible for periodically reviewing any updates to this Agreement, as the Provider will publish such changes on the Terms and Conditions page in the Subscriber's account and/or the Provider's or Service's website. The Subscriber's continued use of the Service constitutes implicit acceptance of the modifications. The Service Provider may in the future add additional features and benefits to the Website or Service itself, such as new functions, tools, content, or reports. All such features and benefits are subject to the terms and conditions of this Agreement.

Agreement Termination

If the Subscriber wishes to discontinue the Service, they may formally notify the Service Provider via technical support or email before the end of the current subscription period of their desire to cancel the subscription or service, including the chat system. In this case, the Subscriber's account will be suspended, and their data will be erased. The Service Provider also has the right to notify the Subscriber of service discontinuation and give them a maximum of one month to copy their data without stating reasons. All contract provisions that continue due to their nature remain in effect after termination of the Agreement, including but not limited to compensation, warranties, and disclaimers.

Privacy

• Regarding the Service, the Service Provider is committed to respecting the Subscriber's privacy and all data they have entered while using the Service, and will not access, view, or copy any data entered except at the Subscriber's request for purposes of facilitating their work, training, or providing them with a service.
• Regarding websites, the Service Provider collects data typically sent by browsers, such as browser type, preferred language, operating system type, and time and date of request, to understand how visitors interact with the website and to publish general summarized usage statistics that are not linked to any individual.
• The Service Provider records visitors' internet addresses, which may identify them, but does not disclose them except as mentioned in the remainder of this section.
• The Service Provider retains data necessary for subscription to the Service, which the Subscriber enters during the registration process, such as the Subscriber's name, email, contact and payment information, or other data. The Service Provider may share this with relevant parties affiliated with the Service Provider, including employees, contractors, or affiliated organizations who need such data to process it on behalf of the Service Provider or provide the required service to the Subscriber. Some employees, contractors, or affiliated organizations may be outside the Subscriber's or visitor's country, and use of the Service implies consent to transfer such data abroad. The Service Provider will not rent or sell any visitor or subscriber data to any party other than as mentioned above or in compliance with a judicial or official government order. The Service Provider reserves the right to study and analyze Subscriber data, inputs, usage patterns, and behavior in the system and use this for planning and development purposes.
• The Service Provider reserves the right to send emails to the Subscriber from time to time to inform them of new features or important information related to the Service, Website, or Service Provider, or to request their feedback on the Service. The Service Provider also reserves the right to publish some of its responses or inquiries received regarding the Service or Website (such as technical support requests) to assist other Subscribers after removing all information that could identify the Subscriber.
• Cookies are text files stored by websites on the user's device that the browser makes available to the website each time it is visited to recognize the visitor and save their preferences. The Service Provider uses cookies on the website to identify the most visited pages by the Subscriber or visitor and save their preferences. If the Subscriber or visitor does not wish to have cookies, they can prevent this through browser settings, bearing in mind that some parts of the website or service may not function fully.

Business Transfer

• If the Service Provider or parts of its business are acquired by a third party (such as another company), subscriber or visitor information is considered among the assets transferred to the third party.
• The Subscriber acknowledges that this is a possibility and that the third party may use the Subscriber's information as described in this Agreement.
• In case of the Provider's bankruptcy or exit from the market, the Service Provider is committed to granting the Subscriber access to the Service to copy their data and organize their work for a full month from the date of bankruptcy or exit.

Training

• If this service is requested, training sessions will be scheduled as the Service Provider sees fit in coordination with the Subscriber. The Subscriber agrees that if they are unable to attend the training session at the agreed time, they must notify the Service Provider requesting a change of training date at least twenty-four hours before the agreed time. If the Subscriber does not comply with the specified time, the appointment will be counted among the training sessions that have been fulfilled.
• Field visit service may not be available at the customer's premises or in the Subscriber's area, and the Service Provider is not obligated to provide training in geographic locations outside its coverage.

Governing Law

Disputes or claims of violation of this Agreement shall be resolved in accordance with the laws in force in the Kingdom of Saudi Arabia.