Appy Innovate

Terms & Conditions

This is an agreement between you and our institution, “Party of the First Part” or one of its subsidiaries, which explains and clarifies your rights as “Party of the Second Part” and our rights as “Party of the First Part” in using our software. Therefore, it is assumed that you read the entire agreement, and its provisions will apply to you upon signing this agreement or using the software in any way. By signing this agreement or using the software, you agree to all its points, and you agree to the transfer/access of the data in these programs. If you do not agree to all of them, you are not entitled to use the software.

Part 1 – General Terms: Please read this agreement carefully before using this program. Commercial Register:

  • “Party of the First Part”: Institution of Innovation Wonders
  • “Party of the Second Part”: The Client: Tax Identification Number:

The “Party of the First Part” will grant a license to use this software “the Program” to the “Party of the Second Part” provided that the “Party of the Second Part” accepts all the points and conditions specified in this agreement. Any other programs accompanying this program are subject to the agreement that comes with them. The use of this program by the “Party of the Second Part” implies implicit acceptance of these terms. If any of the terms of the agreement are rejected, the “Party of the Second Part” must return the unused program immediately to the “Party of the First Part” from which the “Party of the Second Part” obtained the program, whether that party referred to is the “Party of the First Part” or one of the agents/partners of the first party, in order to ensure the immediate refund of the amount paid by the “Party of the Second Part”.

This program is the sole property of the “Party of the First Part” or one of its subsidiary institutions or one of the agents of the “Party of the First Part”. This program is not sold but is granted the right to use and license for use only by the “Party of the Second Part”.

This agreement includes: This is the complete agreement governing the use of this program and replaces any previous oral or written communications between the “Party of the Second Part”/”Client” and the “Party of the First Part”.

License Using the Program The “Party of the First Part” grants the “Party of the Second Part” a limited license to use the program only.

The “Party of the Second Part” is entitled to:

  1. Use the program within the limits permitted by the licenses obtained by the “Party of the Second Part”.
  2. Make copies of the program and install them to support usage to the extent permitted, provided that the “Party of the Second Part” ensures copying notices of usage rights and other ownership indicators on each full or partial copy of the program.
  3. The maximum number of backup copies that can be made is one backup copy, which should only be installed or used in case of loss or damage to the original copy.
  4. You may install, use, display, execute, or interact with one copy of the program on one computer, workstation, terminal, laptop, pager, smartphone, or any electronic device with computing operations; or place the program on one hard disk or other electronic storage location, provided that the number of computers you use does not exceed the licensed number.
  5. The program may come in more than one storage format “CD-Rom, Disk, DVD-Rom, Other”, reserve online/mobile market/internet market, you must use one and keep the others as backup copies.

How to use the program? We do not sell our programs, nor do we sell copies of them, nor do we sell the source/code/software. We only grant you a license to use on one computer/server. All parts of the program are licensed as one program. You are not allowed to install it on more than one device, except for mobile applications. It is not permissible to place the program on another computer/server without written consent from the “Party of the First Part”. We reserve the right, in protecting the devices/servers containing the code or part of it, to control and manage them, and prevent others from accessing the code, to prevent any access, copying of its contents, or knowing the technical and design methods of the code.

Activation: Some of our software may require activation through another program or over the internet for the purpose of protecting the software from unauthorized copying, as well as for statistical and data purposes. You are not allowed to hack the program or manipulate the activation process. The program may need reactivation due to changes in your device or for any reason determined by the program. In case of activation failure, you will be notified to attempt proper activation, or you will notice that your institution’s name or your entity’s identification number is not displayed from a registration number or tax number.

Analytical Data: Connection to the internet/storage devices, for some or all of our programs, will result in sending data from the program and the device to our systems for statistical, advertising, problem-solving, technical support, and program development purposes. We may also share it with third parties, according to the attached privacy policy and in any manner we deem appropriate. This agreement applies to the program/updates/add-ons/services. The cost of internet connection is solely borne by the “Party of the Second Part”.

Trial Software: Trial software can only be used for experimentation purposes by the “Party of the Second Part” during the trial period, and there is no liability whatsoever on the “Party of the First Part” in case of any issues arising from the trial software. The program or some of its functions may stop working if the trial period expires.

Subscription Software: If the program is licensed under a specific subscription, your rights to use the program are limited to the subscription period, and the program or some of its functions may stop working if the subscription period ends.

Network/Storage Device Usage: You may store or install the program on a storage device such as a network server used to run the program on other devices via the network; however, the “Party of the Second Part” must obtain permission for each computer running the program from the storage device or server. The permission cannot be shared or used on two computers at the same time.

If the “Party of the Second Part” has obtained this program as an update to an older version of the same program, it means that the permission to use the older version has expired unless otherwise specified in the new license. Other network uses are not allowed.

The “Party of the Second Part” must ensure that anyone using this program does so in accordance with the terms of this agreement. Some devices on which the program operates, such as servers on the internet, may require monthly or yearly usage fees, as well as software for systems, protection, databases, and other programs. Failure by the “Party of the Second Part” to pay these fees or the project value will result in the interruption of service or even the complete deletion of the program, its contents, and data. Therefore, the responsibility for continuous payment lies with the “Party of the Second Part”. If the service and contents are lost or deleted due to late payment, it is entirely their responsibility, and there is no responsibility on the “Party of the First Part”. This deletion may be done by providers of these services/devices/programs or by the “Party of the First Part”. Therefore, the “Party of the Second Part” must not delay payment, and the maximum allowable period for them is “14” days from the payment due date. “The Party of the First Part” does not need to send any warning or notice to the “Party of the Second Part” if payment periods or project values are determined. Programs that require monthly or yearly payments include websites and applications. Therefore, it is advisable for the “Party of the Second Part” to set reminders and notes for payment deadlines or set up standing bank orders. The “Party of the Second Part” remains liable for paying any payments or costs incurred by the “Party of the First Part”.

The “Party of the Second Part” is not entitled to:

  1. Use, copy, modify, or distribute this program except as specified in this agreement.
  2. Reverse engineer, reverse compile, or translate this program in any form that violates the law, taking into account the absence of contractual waiver; or
  3. Sub-license, lease, or loan the program.
  4. In case of using features related to the internet, you are not allowed to use those features to interfere with others’ use of them or attempt to breach any service/data/account/network in an unauthorized manner.
  5. Attempt to decrypt/code/program the software/application/website.

Transfer of Rights and Obligations: The “Party of the Second Part” has the right to transfer all the rights and obligations specified in the rights manual of the program to another party by transferring the rights manual and a copy of this agreement and all documents. The transfer of rights and obligations specified in the license terminates the permission for the “Party of the Second Part” to use this program under the rights manual, but what remains of the warranty period is not transferred and remains with the “Party of the Second Part” signing the agreement.

Transfer of Rights and Obligations

The Second Party is entitled to transfer all rights and obligations as stipulated in the rights guide of the software to another party by transferring the rights guide along with a copy of this agreement and all relevant documents. The transfer of rights and obligations specified in the license terminates the authorization for the Second Party to use this software under the rights guide, but does not transfer any remaining warranty period, which remains with the Second Party signing the agreement.

Rights Guide

The rights guide for this software serves as proof of authorization for the Second Party to use the software or eligibility for the Second Party to enjoy warranty services, special pricing offers for future software updates (if announced), and potential opportunities for special or promotional offers.

Fees and Taxes

The First Party determines the terms of software usage to establish fees, as outlined in the rights guide. Fees are determined based on licensed usage limits. If the Second Party wishes to increase these usage limits, they must notify the First Party or their agent and pay any applicable fees. The First Party does not refund any money or credits for fees paid or due.

In the event that any government authority imposes fees, taxes, or expenses, excluding those based on the net profit of the First Party, on the software provided by the First Party under this agreement, the Second Party agrees to pay the specified amount as determined by the First Party or provide documents for exemption from these fees.

Limited Warranty

The First Party guarantees that the use of the software in the specified operating environment complies with the specified software specifications. The First Party does not guarantee uninterrupted or error-free performance of the software, nor does it undertake to repair all software defects, but only those that can be reasonably corrected. The Second Party is fully responsible for any consequences of using the software and software data, ensuring the accuracy of operations, accounts, results, and storage of the software, and its suitability for its operation and needs before using it logically.

Furthermore, the First Party assumes no responsibility towards any third party, or its requirements, including individuals, institutions, companies, entities, government agencies, and others. It is the Second Party’s responsibility to review all accounting, regulatory, or other requirements, for itself or others, to ensure compliance with its or others’ requirements before using the software or its functions, and the First Party assumes no responsibility or costs for any non-compliance with third-party requirements, nor does it bear any actions or penalties that the Second Party may incur towards the third party under any circumstances.

The warranty period for the software ends when the services specific to the licensed software are terminated. Warranty information defines the timeframe for software service availability.

During the warranty period, warranty services for unmodified parts of the software are provided through defect-related software services. Software services are available for a specified period by the First Party after the software is released for general use, and the warranty applies to the version number installed on the Second Party’s devices at the time of signing, with any additions in subsequent versions not covered by the warranty.

Therefore, the specified timeframe for warranty service availability primarily depends on the timing at which the Second Party obtains the license.

These warranties are specific to the Second Party and replace all other warranties or conditions, whether express or implied, including, but not limited to, warranties or implied conditions of marketability or suitability for a particular purpose.

These warranties grant certain legal rights to the Second Party, which may have other rights that vary by jurisdiction. Some jurisdictions do not allow limitations or exclusions of implied warranties, so this exception or limitation in the contract may not apply to the Second Party. In this case, such warranties are limited to the warranty period. No warranties apply after this period, even if there are updates/developments/projects/additions activated/installed.

In the event of a breach by the First Party of the agreement: If you have the right to claim damages from the First Party, the compensation is assessed in comparison with the value of the software as a whole, actually paid by the Second Party. Only the partial value that has been breached is paid, and if the court orders a larger amount than this partial value, you can only recover up to the actual price paid for the software, and the First Party is not liable for any other losses, including future losses, profit losses, special amounts, indirect amounts, or incidental damages. Regardless of the type of losses and costs, and in any way they occur, the First Party is not obliged to pay amounts exceeding the actual price paid for the software by the Second Party, and for countries and laws that do not allow these limits for losses, the Second Party cannot take more than the price of the software paid in any case.

Duration of error repair starts from the moment of official notification by sending an email to the email address of “Party One”, and oral alert on sending the email message, up to ninety days from the date of notification. After that, either a solution has been found to fix the error, or “Party One” notifies “Party Two” of its inability to solve the technical problem. Accordingly, this commitment from “Party One” is dropped due to incapacity. If the court compels the payment of a financial amount as compensation for failure to repair the error, the value of this partial aspect is calculated from the overall value of the program. The payment reflects the proportion of this functionality compared to the size of the program and its remaining functions. The payment does not exceed that partial amount, with any expenses incurred by “Party One” deducted, such as analysis, research, investigation, design, programming, installation, visits, training, server reservation, and other costs.

The warranty does not include the installation of repairs, additions, or new features. “Party One” reserves the right to charge for installation and maintenance even during the warranty period.

“Party Two” needs to be familiar with the Windows system, Word, and Excel programs, or provide an employee who understands these to facilitate learning the program. Videos are provided on the computer and a YouTube channel meets “Party Two’s” needs for understanding and using the program. If “Party Two” cannot understand them, they can seek assistance from an employee proficient in using computers and previous programs. “Party One” is not responsible for training “Party Two” beyond this, and if any training is provided, it is optional and limited to one hour per contract. “Party One” chooses the time, place, and method of training, typically conducted remotely via the Internet. “Party Two” is responsible for providing suitable conditions for remote access. If remote access is not feasible, “Party One” reserves the right to choose the time and place, with “Party Two” responsible for facilitating this.

“Party One” is not responsible for inputs and data in the program, and “Party Two” must verify the accuracy of all inputs and data before using the program in all transactions.

“Party Two” is solely responsible for any fines, violations, or obligations incurred from government agencies, companies, or institutions due to delays in providing information, complying with regulations, or any other reason.

Any problems with “Party Two’s” phone or email, and any correspondence made through these channels in case of malfunction without informing “Party One,” are considered valid and official.

Trial or free version:
“Party One” bears no responsibility, warranty, or legal pursuit resulting from the use or operation of the trial/free version, any free function, or outside the core of the program or any free service. If “Party Two” does not accept this, they have no right to use or install it, and it is not part of “Party One’s” duties at all. “Party Two” has the right to use the trial version for a period not exceeding one and a half months, after which they are not entitled to continue use. If the original program or agreed-upon stages/parts of it are purchased, the transaction is finalized, and “Party Two” cannot withdraw or claim a refund under any circumstances.

Determining Limited Legal Liability:
“Circumstances may arise that make “Party Two,” as a result of an error on the part of “Party One” or other responsible legal entities, eligible to claim the value of losses from “Party One.” In this case, regardless of the basis entitling “Party Two” to claim losses from “Party One,” this includes breach of any contract terms, negligence, or otherwise of losses or damages specified in the contract.”
“Party One” is legally responsible for: compensating for the feature/part that “Party One” could not operate, with a reasonable proportion of the contract value only. If it is not possible to calculate, the maximum is equivalent to the amount paid until the compensation claim from the price of purchasing the program by “Party Two” only, nothing more, and it does not include shipping/loading/escalation/hosting/installation/maintenance costs. Thus, “Party Two” has no right to use the feature that has been disputed/litigated or the entire allocation of the program if fully compensated, and “Party One” may suspend “Party Two’s” services/programs in this case.

“Party One” is not liable, legally, for any special, incidental, or indirect damages, nor is “Party One” responsible for any financial losses, including, but not limited to, profit losses or savings, even if “Party One” or its agent was aware of the possibility of such losses. Some judicial authorities do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above exception or limitation may not apply to “Party Two.”
This limited liability does not cover problems/errors caused by “Party Two” or when “Party One” cannot apply the steps specified by “Party One” for each operation or resulting from any event beyond “Party One’s” control.

It is the responsibility of “the second party” to ensure the accuracy of the performance of the program functions, its computational and storage operations, etc., whether personally or through employees/institutions/accountants who ensure the accuracy of all the operations performed by the program. All costs of ensuring the accuracy of the functions and the program are the responsibility of “the second party” alone, and it is not entitled to claim them under any circumstances.

“The first party” shall not be legally responsible for:

  1. Loss or damage to records or data.
  2. Any damages claimed by “the second party” based on a claim by a third party.
  3. Bodily injuries (including death), damages to real estate, money, and personal property.

This legal liability limitation also applies to any software developer providing the software to “the first party.” This is the maximum legal liability for “the first party” and its distributors, agents, employees as a whole, partners, and attorneys.

  1. Notice of Dispute/Claim: In the event of a dispute between the parties, both parties must give notice to the other party, which is a written statement containing the name, address, and contact information of the aggrieved party, the facts leading to the dispute, and the requirements for resolving the dispute. Any notice of dispute must be sent by mail to the other party’s address and a copy sent to their email. Additionally, a phone call to the other party to confirm the sending of both the email and regular mail is required.

Notice: Both parties must attempt to resolve any dispute through informal negotiation within “60” days from the date of sending the dispute notice. After “60” days, either party may commence arbitration in the judicial courts if no agreement is reached.

  1. Small Claims Court: You may also litigate any dispute in the Small Claims Court in the country/region/city where “the first party” resides if the dispute meets all the requirements to be heard in the Small Claims Court. Any court to which it applies must be in the country/region/city of “the first party’s” residence or the nearest location if there is no court in “the first party’s” area, which is currently Al-Ahsa/Al-Hofuf.

  2. Claims or disputes must be filed within “30” days, or to the lowest extent allowed by law, any claim or dispute under this agreement must be commenced in the courts within this period, which begins upon the claim or dispute. Failure to submit such a claim or dispute within this period completely bars the claim or dispute.

  3. Choice of Law: Saudi Arabian or Emirati law shall be chosen by “the first party” or whichever is closer to its residence. This law shall govern this agreement, and if “the first party” cannot choose one of the two laws, the law of the country where the software was purchased shall be chosen. The choice of law does not alter the laws of the country chosen if it conflicts with them.

  4. If “the second party’s” claim is false, fraudulent, or void, or if any part of the claim is false, fraudulent, or void in any governmental/judicial entity raised by “the second party,” “the first party” has the right to claim all financial and time losses incurred by “the first party” from time, fees, costs of programmers/delegates/employees/lawyers/owners/agents attending lawsuit/hearing sessions, and any other costs caused by this lawsuit, and any consultations and means during court/governmental department/ministry sessions and similar places of litigation and arbitration, and the costs of the hours of employees wasted time and effort in these lawsuits, and “the first party” has the right to request compensation for false, fraudulent, or void accusations.

  5. Data, software, and confidential information protection are the responsibility of “the second party,” and it must install protection software against hacking and viruses, backup devices to protect against data loss, and any secret code given to “the first party” with the consent of “the second party” does not give “the second party” the right to legal action for what it voluntarily provided.

  6. “The second party” shall be provided with the operational files of the program and its stages, and it shall not be provided with the source code. The code is the exclusive right of “the first party,” and “the second party” has no rights to the programming/code.

  7. Warranty expiration terminates any responsibility of “the first party” for any problems, errors, or effects of its products on “the second party” regardless of the circumstances.

  8. All claims or pleas made by either party shall be against the legal entity of the other party, not against the employees of either entity.

  9. “The first party” shall not be liable for failure to perform any duties due to circumstances beyond human capacity/force majeure, including, but not limited to: power/internet/device outage, or judicial orders to suspend services, or notifications and difficulties arising from nature/environment, revolutions/wars, or laws imposed by the state and its establishments.

  10. All requests from “the second party” must be via the official email of “the first party” only, and any other method used by “the second party” to request services from “the first party” is not reliable and not binding on “the first party.” Therefore, “the second party” must document its requests by sending them to its registered email, if not registered in this contract, it must be written on paper, printed twice, signed, and “the first party’s” signature must also be obtained, and one copy must be handed to us. Without these two methods, any email used by “the second party” is not considered reliable or recognized by “the first party.”

    Arbitration Clause: Any dispute, controversy, or claim arising out of or in connection with this contract, or its breach, termination, or invalidity, shall be settled through arbitration administered by the Al-Ahsa Commercial Arbitration Center in accordance with its adopted rules and procedures.

    Mediation Clause: Any dispute, controversy, or claim arising out of or in connection with this contract, or its breach, termination, or invalidity, shall be settled through mediation administered by the Al-Ahsa Commercial Arbitration Center in accordance with its adopted rules and procedures.

    Mediation Preceding Arbitration Clause: Any dispute, controversy, or claim arising out of or in connection with this contract, or its termination or invalidity, shall be settled through mediation administered by the Al-Ahsa Commercial Arbitration Center in accordance with its adopted rules and procedures. In the event that mediation fails to reach a settlement within a maximum period of “30” days from the date of the first mediation session, the dispute shall be resolved through arbitration administered by the Al-Ahsa Commercial Arbitration Center in accordance with its adopted rules and procedures.

    Software/Design/Study/Software Parts/Addon Projects:

    – If any stage is approved by the “Second Party” via email or any electronic means, the stage is considered delivered without remarks, and it is finally approved. The “Second Party” is not entitled to modify it or request a refund even if other stages are not completed.
    – The “Second Party” is allowed to approve and review each stage within a period not exceeding “7” days according to the terms and regulations of the Ministry of Commerce and Industry for receiving products and services; otherwise, the stage is officially approved, and work on the next stage begins immediately after the expiry of “7” days.
    – In case of delay by the “Second Party” in following up the project during the design or programming stage for a continuous period of “7” days or delaying payment of due installments in the contract stages for design or programming, the “First Party” has the right to postpone work on the project, change the agreed work period, and the “Second Party” has no right to object.
    – Delay by the “Second Party” in responding to our questions/queries or providing requested data for inspection and follow-up contributes to an increase in the project duration by the same number of days, and the “First Party” is not considered late if it exceeds the delivery period by the same days delayed by the “Second Party”, and the “First Party” is not considered late.
    – The devices/servers used in designing certain types of software/applications/websites/others may be shared with other programs, may be inside or outside the country, or may be leased or owned. It is the right of the “First Party” to use open-source software in its design/programming or paid software in the project/functions.
    – Our completion of a stage is confirmed by sending an email or a witness certificate or installing the version containing the add-on or project.
    – In the event of the “Second Party” retracting approval after the approval of any stage/agreement, they are not entitled to a refund of any amount.
    – Technical support and warranty services apply to the original software or the agreed-upon one at the time of signing the contract, and any development, reprogramming, redesign, or new release that has been updated is not included in technical support, and the “Second Party” bears the cost if requested by the “First Party.”
    – Any additional software or design requests after the approval of the prototype and design screens require additional costs from the “Second Party.”
    – In the event of the delivery of the program/part of it, definitively after the programming or design stage “according to the project requirements,” it is obligatory to inspect and accept the project and provide feedback, if any, by the “Second Party” within “14” days only. If these days expire, it is considered that the project/part has been officially delivered without remarks, and it is considered officially completed.
    – Any request executed according to the client’s requirements, which may have legal consequences or violations of governmental/regulatory instructions or other partners in the future, shall be borne by the “Second Party.”
    – The “First Party” has the right to withdraw from completing the project at any stage. If a partial program/project/function is not delivered for that stage, the “Second Party” is entitled to recover only what was paid for that stage, and they cannot request any other amounts, especially what has been delivered.
    General:

    – None of the terms in this agreement affect the legal rights of clients that cannot be waived or determined by contract. Any point that contradicts the laws and regulations of the Kingdom of Saudi Arabia shall be null and void, and the contract shall remain valid, and its remaining points shall be valid, enforceable, and binding.
    – The “First Party” may terminate the license of the “Second Party” if the “Second Party” fails to comply with the terms of this agreement. In case the “First Party” does so, it means terminating the permission for the “Second Party” to use the program. The “Second Party” agrees to comply with the export laws and regulations in force, and the “First Party” has the right to suspend the program/website/application in the manner it deems appropriate to secure its rights, and the “First Party” has the right to claim additional fees to activate/reactivate what has been suspended.

    Below is the translation of the provided text into English:

    **Advertising in the Program:**
    We have the right to display any advertisements we decide to show in the windows/reports/invoices of the program, whether the advertisement is for “the first party” or for its partners and clients. “The first party” has the right to mention the name of “the second party” and its trademarks in its advertisements, websites, and reference all the work done for “the second party” including programs/applications/support/services.

    **Natural Disasters:**
    The agreement shall be suspended in the event of natural disasters or unforeseen technical problems affecting the operations in the areas of “the first party” until the situation stabilizes or the problems are resolved.

    **Contract Copies:**
    This contract has been drafted and signed by both parties of free will, free from legal and Sharia defects, with full mental capacity of both parties. Both parties acknowledge reading the entire contract and its implications, understanding all points clearly, and agreeing explicitly and unequivocally to all its terms. Thus, they disclaim ignorance, and with their explicit and clear consent, agree to everything stated therein, upon which the signing is done.

    **Part 2 – Special Conditions for Each Country Not Currently Specified…**

    Explanation of Other Rights:
    – **Program/Application:** The term “program” used in this document refers to the original program and full or partial copies of the program/application/website/electronic service/code/textual code or project. The program consists of computer-readable instructions, program components, data, and audio-visual content such as images, texts, and recordings, and all licensed materials related to the program.
    – **Intellectual Property Rights or Textual Preservation:** The programs and all copies generated by them are the exclusive property and special right of “the first party”. The structure and organization of the program are the trade secrets and reserved rights of “the first party”. The program is protected under intellectual property preservation laws, text preservation rights for the Kingdom of Saudi Arabia, international agreements, and the laws applied in the country where the program is used.
    – **Copy Protection:** The program may contain techniques for protection against unauthorized copying. It is legally prohibited to make unauthorized copies or circumvent protection.
    – **Leasing:** “The second party” is not allowed to lease or lend the original program.
    – **Termination of Program Use and License:** Failure to comply with the terms of the agreement gives “the first party” the right to terminate this agreement. In the event of termination, “the second party” must destroy all copies of the program and refrain from using or retaining any part of it. “The second party” forfeits any financial rights.
    – **Updates and Developments:** If the program represents an update or development of the original program, “the second party” must have licensed the original program to be able to use it, and the original agreement is subject to the terms of this update if it nullifies the original agreement.
    – **Backup:** “The second party” is responsible for backup, especially when making any updates to the program or other software or system.
    – **Multiple Storage Media:** The program may come in various forms such as CD-ROM, DVD-ROM, mobile market escalation/website booking, or internet download link, or copied on the “the second party” device, but “the second party” must use one of them and leave the other as a reference since it cannot be installed on more than one computer/server. The agreement also applies to all storage sources.
    – **Rights Preservation:** Any rights not explicitly written in this agreement are reserved and owned by “the first party”.
    – **Unlawful Activities:** “The second party” has no right or authority to use the program for unlawful or prohibited activities in the country where it is used, and “the first party” bears no responsibility for that.
    – **Requests for Program Errors Repair:** “The first party” will try, to the best of its ability, to repair program errors during the warranty period. However, warranty is void if the error is due to an accident, misuse, abnormal use, virus, attempt to manipulate, protection removal, or operating system problems. Replacement programs or upgrades are subject to the remaining warranty of the original program only. You must also provide proof of purchasing the license from an authorized distributor or agent.
    – **Program Installation/Technical Visits:** “The first party” has the right to charge a fee for program installation, upgrade, or any visit to “the second party”, whether physical or remote, as well as annual fees for some programs or parts, as determined by “the first party” as an annual usage license or maintenance. “The first party” has the right to take any costs incurred during the visit, whether in person or remotely, even during the warranty period.
    – **Other Companies’ Programs:** All other programs needed for the program to operate, such as databases, systems, programming languages, and secondary programs, designed by other companies, are the sole right of their owners or licensees and are only used here according to their specific agreement terms, whether licensed to us or free. We are not responsible for problems arising from them.
    – **Device/Computer:** An electronic device, such as a computer/mobile/tablet/server/virtual machine/storage device.
    – **Unlawful Acts Under Law or Sharia:** “The first party” has the right to terminate the contract at any time during the warranty period and refund the value of the program/project or part of it, with a deduction for the period of use of the program/part, and “the second party” has no right to object to that, and any rights of “the second party” to “the first party” are completely and finally waived.

    Work Hours: From Saturday to Wednesday, from 4:00 PM to 9:00 PM only. Any other time is at the discretion of the First Party to approve or cancel.

    Executive Force: The First Party and the Second Party agree that this contract is considered an executive instrument carrying the force of execution according to the laws of the execution system. It may be presented directly to the executive courts to claim financial obligations arising from it, invoices, or any notices of financial obligations or financial impact. This agreement is final and not subject to appeal or reconsideration from the moment of signing.

    Explanation of Terms:
    Guarantee:
    Applies to programming errors in the software designed by us only and until the end of the guarantee period. It does not apply to errors in Windows systems or other systems, Office, or any other software “not designed by us” that has an error or problem affecting negatively the software designed by us. The guarantee also does not cover the functioning and stability of the software in the case of Windows updates and updates of other software/systems, but rather guarantees the functioning of the software in the same environment it was installed in, with the same current versions of other software and systems at the time of installation.

    Work by us begins upon payment of the full amounts by the Second Party and not before that. The project start time is calculated from the date of the first agreed-upon installment payment, not the contract signing date. The license and guarantee start from the contract signing date and become void if the payment for any installment is delayed for more than two weeks, and the Second Party is not entitled to claim previous payments or any part thereof.

    Other:
    Paragraph headings are included to facilitate reading for the parties only and should not be taken into account when interpreting this agreement.
    Words in singular include the plural and vice versa.
    Words in masculine or feminine form are not intended for gender specificity but apply to both genders.
    If any clause or covenant or condition or provision of this agreement is determined by a competent court to be void or unenforceable, the parties’ intention is for the court to reduce that scope to the extent necessary to make it reasonable and enforceable, and the remaining provisions of this agreement shall not be affected, impaired, or invalidated as a result thereof.
    This agreement contains the entire agreement between the parties. All negotiations and understandings are included in this written agreement. Any data/statements made by either party prior to this agreement during the negotiation stages are considered null and void in this written agreement. Only the terms written in this agreement shall bind the parties.
    This agreement and the terms and conditions contained in this agreement shall apply to agents, competitors, executors, supervisors, beneficiaries, partners’ representatives, and shall be binding upon them.
    The First Party shall consider any notices or deliveries required to be complete upon hand delivery, delivery by agent, or seven (7) days after being deposited in the mail or prepaid mail or email or WhatsApp or phone call, to the parties at the addresses provided in this agreement or later designated by the parties by signed paper.
    All rights, remedies, and benefits provided by this agreement shall be cumulative and shall not be exclusive of any other rights, remedies, or benefits allowed by law.