Terms and Conditions

Whereas Party One, Bin Eyes Design Company, licensed according to the regulations and rules in force in the Kingdom of Saudi Arabia, operates in the field of creating and developing software in all its forms and owns a range of its own programs, projects, and products alone.

And whereas Party One owns the Nexus Tech platform, which allows subscribers to - for example, but not limited to - access accounting, financial management, human resources, sales, purchasing, inventory, and marketing tools, and artificial intelligence services, while ensuring secure and continuous access from anywhere, and Party One provides it as a service with the agreed-upon subscription system.

And whereas Party Two wishes to subscribe to this cloud platform and obtain the technical services provided by Party One, in accordance with the terms and conditions stipulated in this contract.

Definitions

Rights and Obligations of Party One (Service Provider)

Availability and Service Guarantee

- Party One undertakes to provide access to the platform to the customer in accordance with the terms of the selected subscription and package, with a guarantee of service availability of not less than 99.5% annually, with the exception of: periodic or emergency maintenance periods, provided the customer is notified. Force majeure events beyond the control of the service provider.

Technical Support and Backup

- Party One is committed to providing 24/7 technical support.

- A daily backup is performed for all data (including financial and personal), with it being stored in secure data centers within the Kingdom of Saudi Arabia, in accordance with the requirements of the Saudi Personal Data Protection System.

Data Protection and Privacy

- Party One is prohibited from using customer data for any commercial or marketing purpose without explicit written consent. Data is not shared with third parties except: with the customer's consent. If required by law, with written notification to the customer before disclosure (unless the law prevents this).

Statistical Disclosure

- Party One has the right to publish aggregated statistical or financial reports about the platform's performance, provided that: the data is not personal information or information that directly identifies Party Two.

Price and Subscription Modification

- Party One reserves the right to modify subscription prices, with: notifying the customer immediately of the changes and before the end of the subscription period.

Compliance with Regulatory Requirements

The platform ensures full compliance with the regulations of: the Zakat, Tax and Customs Authority (including the electronic invoice "Fatoora"). The General Authority of Zakat and Income.

Training

- Party One provides training sessions when: starting the subscription. launching new essential features (defined as changes that affect core functions or the user interface).

Data Accuracy and Operations

- Party One guarantees the accuracy of: calculations. financial reports (with the exception of those generated by artificial intelligence, which are provided "as is" without warranty). - If technical errors are discovered, they will be corrected as soon as possible.

Compensation for Interruption

- If the availability rate drops below 99.5% per month, affecting the ability to use the platform: the customer gets a subscription extension for a period equivalent to the interruption time.

Obtaining Services

By using our services, you acknowledge and warrant the following:

1- That you have never been disabled from or prevented from using the Nexus platform's services at any time.

2- That you have full power and authority to contract and that by doing so you will not be in violation of any law or contract.

Covenants and Guarantees (Customer Obligations)

The customer is committed to providing correct and accurate data and updating it continuously, and bears responsibility for damages resulting from inaccurate data. In this case, the service provider is committed to providing technical support to correct the error or limit its effects.

The customer is committed to complying with all regulations and rules in the Kingdom of Saudi Arabia, and not to use the platform for any illegal purpose or one that violates regulations.

Party Two bears full responsibility for all operations and activities that occur on their account, whether by them or by their authorized users, without any responsibility on Party One.

Party Two undertakes not to resell, rent, or sublicense the use of the platform to any third party, and in the event of a violation, the contract shall be automatically terminated without any responsibility on Party One and without prejudice to its right to take any other legal actions or claim additional compensation arising from this breach.

Party Two undertakes to maintain the confidentiality of login data (username and password) for their account and the accounts of authorized users, and not to share it with an unauthorized third party.

Review and interact with notifications sent through the Nexus platforms or its products or mentioned on the Nexus platforms regarding your use of the services provided by us or one of our partners or agents.

The customer is committed to immediately informing Party One of any malfunction or failure on the platform, or any unauthorized use of their account.

The customer is committed not to use the platform in a way that harms its performance or infrastructure.

The customer is committed to providing the information and documents that the service provider may request to fulfill its obligations.

The customer is committed not to misuse the artificial intelligence technologies on the platform in a way that violates laws, morals, or the privacy of others.

The customer is committed not to copy, modify, or reverse engineer the platform or any part of it.

Trial Period

The duration of the trial period is fourteen (14) days, starting from the date of account activation or registration on the platform.

The customer has the right to use the platform and benefit from all the features available in the trial package during this period without any fees.

The customer is committed to complying with all terms and conditions of this agreement during the trial period.

The service provider reserves the data that is entered or created by the customer during the trial period for the purpose of providing the service only, and for a period not exceeding thirty (30) days from the end of the trial period, unless the customer expressly agrees to subscribe to one of the paid packages.

The service provider reserves the right to modify the terms or cancel the trial period at any time, with a commitment to notify the customer in advance.

Invalidity of One or More Provisions

The invalidity of any provision of the mentioned user terms does not affect the validity of the other provisions contained therein. In the event that there is any invalid provision in the mentioned user terms or an unacceptable provision under certain circumstances according to the standards of reasonableness and fairness and to this extent only, a provision that is acceptable considering all circumstances and is compatible with the provisions of the invalid provision as much as possible shall be applied between the two parties, while taking into account the content and purpose of these user terms.

Modification of Service and User Terms

The service provider reserves the right, at its sole discretion, to modify or replace any of these user terms, or to change, suspend, or discontinue the service (including, for example, but not limited to, providing any feature, database, or content) at any time, by publishing a notice on the website or by sending a notice to you through the service or via email. The central wave may also place restrictions on certain features and services or limit your access to parts of the service or the entire service without notice or liability.

Notification

The service provider may send a notice by sending a general notice about the service, or by sending an email to your mailing address registered in the Nexus platform's account information, or by sending a letter by regular mail to your address registered in the Nexus platform's account information.

Scope of License

The customer is prohibited from reselling, renting, or sublicensing the use of the platform to any third party, and in the event of a violation, the contract is considered automatically terminated without liability on the service provider, while reserving its right to claim compensation.

The customer is prohibited from copying, modifying, or reverse engineering the platform or any part of it, or using it in a way that harms its performance or infrastructure.

Intellectual Property Rights

The customer acknowledges that all intellectual property rights related to the Nexus Tech platform, including software, designs, algorithms, artificial intelligence technologies, user interfaces, trademarks, logos, and all related content, are the exclusive property of the service provider or their owners, and this contract does not grant the customer any ownership rights in them.

The service provider grants the customer a personal, non-exclusive, and non-transferable or assignable license to use the platform during the term of the contract, in accordance with this agreement. This license automatically terminates upon the expiration or termination of the contract.

The customer retains all intellectual property rights related to their data and information entered into the platform, including customer and supplier data, and financial and accounting data. The service provider acknowledges that it does not own any rights to this data, except as necessary to provide the services or as expressly stipulated in this contract.

The customer undertakes not to perform any of the following acts: modifying, changing, or removing any of the service provider's intellectual property marks on the platform. reverse engineering, disassembling, or decrypting the platform or attempting to extract the source code in any way. using or registering any trademarks, domain names, or trade names similar to those owned by the service provider. The service provider may use the customer's name and logo as a reference in its list of customers for marketing purposes, unless the customer objects in writing.

Payment

The Nexus platform has the right to impose new fees on the use of the service. If the Nexus platform decides to impose new fees, you will be notified and will be allowed to continue or terminate the contract.

The Nexus platform may modify or update prices from time to time. It is your responsibility to stay informed of the current prices of the services provided through the prices page, which can be accessed from the home page.

You must pay the value of the services to the Nexus platform through bank transfers to our accounts, immediately upon the service being provided to you. You alone are responsible for paying all fees on time and you acknowledge that any amount paid cannot be refunded.

By agreeing to these user terms, you agree that your right to access the data stored in the company's systems is conditional on your account being active and your subscription being paid for, and that failure to pay the amounts due will result in your use of the service and the data stored on it being blocked.

In the event that you do not pay the subscription fee due for the company's services, the Nexus platform will grant you a grace period for payment of a maximum of thirty days before blocking your use of the service and the data stored on it, provided that this grace period is invoiced by the system service and paid by you as a user.

Indemnification

By agreeing to the mentioned user terms and using the service, you agree to defend the Nexus platform and its affiliated companies, its licensors, and all of its officials, directors, and other users, employees, lawyers, and agents and to not harm them and to absolve them of any claims, costs, damages, losses, liabilities, and expenses (including legal fees and costs) that arise from or are related to the following: 1 – Your violation or breach of any of the user terms mentioned here or any applicable laws or regulations, whether referred to in these terms and conditions of use or not. 2 – Your violation of any rights of others, including service providers regulated by the Nexus platform. 3 – Your misuse of the service.

Legal Liability

The information, recommendations, and services or any of them that were provided to you on or through the websites and the service are for general informational purposes only and do not constitute any advice. The Nexus platform will maintain the correctness and updating of the site and the service and its contents as much as possible, but it does not guarantee that the (contents of) the site or the service are free of errors, defects, malware, and viruses and does not guarantee the correctness, accuracy, and updating of the website and the service.

The Nexus platform is not responsible for any damages resulting from the use of (or inability to use) the site or services, including damages caused by malware or viruses, nor is it responsible for the inaccuracy or incompleteness of the information or the website or the service, unless this damage is caused by intentional misconduct or gross negligence on the part of the central wave.

The Nexus platform also does not bear any responsibility for any damages resulting from the use of (or inability to use) electronic communication methods with the website or with the service, such as damages resulting from the non-delivery of electronic correspondence, delayed delivery, interception, or manipulation of electronic correspondence by others or by computer programs used for electronic correspondence and virus transmission.

The Nexus platform strives as much as possible to provide its electronic services throughout the year 24 hours/7 days a week, and in all cases, it does not guarantee that the systems and services will work completely throughout the year, and that there will be interruptions for the purpose of maintenance, periodic updates, or adding new features to the service.

Modification of Services

The Nexus platform reserves the right, at its sole discretion, to do the following at any time: change the services or any materials related to them, or stop the publication of its services.

If the Nexus platform stops publishing its services, it may, at its will, replace the services with other similar materials.

Limitation of Liability

The Nexus platform provides no warranties, explicit or implicit, regarding the services, as they are all provided “as is.” It expressly disclaims, to the maximum extent possible in accordance with the law, all warranties, including: warranties of fitness for a particular purpose, suitability for specific specifications and markets, and merchantability of ownership rights. The Nexus platform 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. The Nexus platform or its agents, licensors, or affiliated companies will not be liable in any case for direct or indirect damages, penalties, special damages, or incidental or consequential damages, including: damages resulting from loss of profits, business interruption, loss of business information, or other financial losses resulting directly or indirectly from access to and use of (or failure to use) or reliance on the services.

In all cases, by agreeing to these user terms, you acknowledge that the Nexus platform's liability for data retention is three months for trial subscriptions and two years for paid subscriptions, and that the central wave then has the right to completely delete this data from its service and dispose of it in the manner that the Nexus platform deems appropriate.

Security

The customer is committed to maintaining the confidentiality of login data (username and password) and not sharing it with any unauthorized third party.

The customer bears full responsibility for all operations and activities that occur on their account, whether by them or by authorized users, without any responsibility on the service provider.

Dealings with Others

During the use of the website and services, links to websites owned and controlled by others may be provided from time to time for the purpose of corresponding with others, purchasing products or services from them, or participating in promotions they offer. These links take you outside the site and the service, and they are outside the control of the central wave.

During your use of the website and the service, you may correspond with or purchase goods or services or participate in promotions offered by service providers, advertisers, or sponsors who display their goods or services via a link on the website or through the service. These links take you outside the site and the service, and they are outside the control of the central wave. The websites you can link to have independent terms and conditions as well as an independent privacy policy. The Nexus platform is not responsible for the content of those websites and their activities and cannot be held accountable for them. Therefore, you bear all the risks resulting from visiting or accessing those sites.

Please note that those other sites may send their own cookies to users, collect their data, or request personal information, and therefore, we recommend that you check the terms of use or privacy policies on those sites before using them.

Contract Term and Termination

This contract remains in force unless one of the parties terminates it in accordance with the following provisions: If one of the parties breaches any of its essential obligations and does not correct this breach within a reasonable period. If one of the parties becomes insolvent, is liquidated, or a judicial receiver is appointed over its assets or property.

The service provider has the right to terminate the contract immediately and without prior notice, without prejudice to its right to take any legal actions, in the following cases: If the customer uses the platform in a way that violates the regulations and rules in force in the Kingdom of Saudi Arabia. If the customer performs any act that harms the reputation of the service provider or its platform. If the customer shares their account with a third party or resells, rents, or sublicenses in violation of the provisions of this contract.

Upon termination of the contract for any reason: all of the customer's rights to access and use the platform immediately terminate. The service provider is committed to deleting all customer and user data within a period not exceeding thirty (30) days from the end of the subscription, unless the customer requests in writing to receive a copy of it or to keep it for a longer period according to a separate agreement, in accordance with the best security practices and approved standards. If the customer requests to terminate the subscription before the end of the agreed-upon period, they waive their right to refund any part of the paid subscription fees. The clauses related to confidentiality, intellectual property rights, and any obligations by their nature remain in effect after termination.

The customer must take all necessary precautions to secure their data before terminating the contract, and they acknowledge that the service provider is not responsible for any loss of data after the specified deadline has passed.

Confidentiality

Each party is committed to maintaining the confidentiality of all confidential information related to the other party that is disclosed during the implementation of this contract, and not to disclose it to any third party without prior written consent from the disclosing party.

Confidential information includes, but is not limited to: technical, financial, and commercial information. operational data and business strategies. pricing plans and future plans. customer and employee data. any other information of commercial value that has been designated as confidential or can be considered as such by its nature.

Confidentiality obligations do not apply to information that: a. is or becomes publicly available by its owner without the fault of Party Two. b. is required to be disclosed by a court order or government order, provided that the disclosing party is notified in advance if legally possible.

Both parties are committed to taking all reasonable measures to maintain the confidentiality of the information, including: a. restricting access to confidential information to persons who need it only for the purposes of implementing this contract. In accordance with the Saudi Competition System, Party Two is prohibited from the following: using confidential information for illegal competition purposes. reproducing or imitating services based on these secrets. entering into any agreements that would harm legitimate competition. Party One has the right to claim full compensation for any violation of these provisions.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this contract if it results from circumstances beyond its control and that cannot be anticipated or prevented, including but not limited to: natural disasters (floods, earthquakes, hurricanes). armed conflicts (wars, terrorist acts). civil unrest (revolutions, civil disobedience). health emergencies (epidemics, pandemics). sudden government decisions. interruptions of major infrastructure (communications, electricity).

When a force majeure event occurs: the affected party must send a written notice to the other party. The notice must be sent within a maximum of 5 business days from the date of the event. The notice must include details of the event and its impact on performance.

During the continuation of the event: the obligations of the affected party are temporarily suspended. It remains obligated to make reasonable efforts to mitigate the effects. Performance must resume immediately after the exceptional circumstances cease.

If the force majeure event continues for a period exceeding sixty (60) consecutive days, either party has the right to terminate this contract by a written notice to the other party, and in this case neither party shall be responsible for any damages or losses resulting from this termination.

Force majeure events do not exempt Party Two from its obligation to pay any financial amounts due for services that were actually provided by Party One before the force majeure event occurred, provided that these amounts were actually due before performance became impossible.

Privacy Policy

Party Two acknowledges that they have reviewed the platform's privacy policy and agree to its provisions regarding the collection, use, storage, and protection of data.

The privacy policy is an integral part of this agreement, and its provisions apply alongside the provisions of the contract. In the event of a conflict between this agreement and the privacy policy, the provisions of this agreement shall prevail with respect to contractual rights and obligations.

Party One reserves the right to update the privacy policy from time to time in accordance with the regulations in force, and Party Two must be notified of any material amendment 15 days before its effective date.

Applicable Law and Dispute Resolution

The mentioned user terms are governed by and any dispute, claim, or difference that arises from or is related to the mentioned user terms or any violation, termination, performance, interpretation, validity, or use of the site or service shall be settled in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia and interpreted in accordance with them.

General Provisions

This agreement includes the full and complete understanding of the parties regarding the subject of this agreement.

All necessary notices under this agreement must be in writing and sent via email, inside the platform, or any other means agreed upon by the two parties.

In the event of a difference between the text in the Arabic language and the text in the English language, the Arabic text shall prevail.