Terms and Conditions
These are the Terms and Conditions governing the use of Afzina and the Agreement that operates between You (the "User") and Afzina Limited (the "Company"). These Terms and Conditions set out the rights and obligations of all users regarding the use of Afzina and any other related Agreement or legal relationship with the Company.
Your access to and use of Afzina is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use Afzina. By accessing or using Afzina, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, you may not access Afzina.
Your access to and use of Afzina is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes Our policies and procedures for collecting, using, and disclosing Your personal information when You use the Service. It also tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Afzina.
Although the entire contractual relationship relating to these Products is entered into solely by the Company and Users, Users acknowledge and agree that, where Afzina has been provided to them via or in combination with an independent party, that third party may enforce these Terms as a third-party beneficiary.
Afzina is provided by:
A Sayedmoahmed Trade & Invest Holding company
Unit 187/1, Al mouj St., Seeb, Muscat, Sultanate of Oman
Contact Email: [email protected]
"Afzina" refers to:
- This website, including its subdomains and any other website through which the Company makes its Service available;
- Applications for mobile, tablet, and other smart device systems;
- The Application Program Interfaces (API);
- The Service;
- Any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service and any related documentation.
1. Terms of Use
Unless otherwise specified, the terms of use detailed in this section generally apply when using Afzina. Single or additional conditions of use or access may apply in specific scenarios and are indicated within this document.
1.1 User Requirements
By using Afzina, Users confirm to meet the following requirements:
- Users represent a Business and have the necessary authority to act on behalf of the Business.
- Users must be recognized as adults by applicable law (at least 18 years old).
- Users can enter into this legally binding Agreement and assume full responsibility for all activities undertaken through their account.
- Users aren't located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist-supporting" country.
- Users aren't listed on any U.S. Government list of prohibited or restricted parties.
1.2 Account Registration
To use the Service, Users must register or create a user account, providing all required data or information completely and truthfully. Failure to do so may result in unavailability of the Service, and the User may be unable to create or access their account.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Afzina (a combination of uppercase and lowercase letters, numbers, and symbols).
By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users must immediately inform the Company via the contact details indicated in this document if they believe their personal information, access credentials, or personal data have been violated or compromised.
1.3 Conditions for Account Registration
Registration of User accounts on Afzina is subject to the conditions outlined below. By registering, Users agree to meet such conditions:
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account. Multiple accounts for the same user are prohibited.
- Unless explicitly permitted, a user account may not be shared with other individuals.
1.4 Account Termination
Users can terminate their account and stop using the Service at any time by:
- Using the tools provided for account termination on Afzina.
- Contact the Company directly at the provided contact details ([email protected]).
However, termination of the account will not be possible until the subscription period paid for by the User has expired. The User will remain liable for any outstanding fees incurred until the end date of the subscription period.
1.5 Account Suspension and Deletion
The Company reserves the right, in its sole discretion, to suspend or delete User accounts at any time and without prior notice in case it deems the account inappropriate, offensive, or in breach of these Terms. The suspension or deletion of User accounts shall not entitle Users to claims for compensation or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from the obligation of payment of whatever fees or prices might apply.
Users whose accounts are suspended or deleted will be notified of the reasons for such a decision. If an account was suspended, Users may be allowed to make amends before deletion.
1.6 Content Provided by Company
Unless specified otherwise, all content available on Afzina is owned or provided by the Company or its licensors. The Company takes utmost effort to ensure that the content provided on Afzina does not infringe any applicable legal provisions or third-party rights. However, it may not always be possible to guarantee compliance.
Users are encouraged to report any content that they believe infringes their rights or is otherwise inappropriate using the contact details provided in this document.
All Rights Reserved
The Company holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share beyond the limits set forth below, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on Afzina, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Afzina, the User may download, copy, and/or share some content available through Afzina for its sole personal and non-commercial use, provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.
Any applicable statutory limitation or exception to copyright shall not be affected.
1.7 User Content
Users are allowed to upload, share, or provide their content to Afzina. By providing content to Afzina, Users confirm that they have the legal right to do so and that they are not infringing any statutory provisions or third-party rights.
Rights Relating to User-Generated Content
By uploading their content through Afzina, Users acknowledge and agree that they grant the Company a non-exclusive, fully paid-up, royalty-free license to process such content solely for the operation and maintenance of Afzina as contractually required.
To the extent allowed by applicable law, Users also waive any moral rights in connection with the content they provide to Afzina.
Users hereby acknowledge, accept, and confirm that all content they provide through Afzina is provided subject to the same general conditions set forth for content on Afzina.
1.8 Liability for Provided Content
Users are solely liable for any content they upload, post, share, or provide through Afzina. The Company does not filter or moderate such content. However, the Company reserves the right to remove, delete, block, or rectify such content at its sole discretion without prior notice in cases where:
- A complaint based on such content is received;
- A notice of infringement of intellectual property rights is received;
- Upon order of a public authority;
- The Company becomes aware that the content poses a risk to Users, third parties, or the availability of the Service.
Removal, deletion, blocking, or rectification of content shall not entitle Users who have provided such content or who are liable for it to any claims for compensation, damages, or reimbursement.
Users agree not to hold the Company liable for and against any claim asserted and/or damage suffered due to content they provided to or through Afzina.
1.9 Content Backups
Although the Company performs regular backups of User Content, it does not guarantee that there will be no loss or corruption of data. Users are recommended to maintain a complete and accurate copy of any Content in a location independent of the Service and are responsible for backing up their data externally to mitigate loss.
The Company will support and attempt to troubleshoot any known or discovered issues that may impact the backups of Content. However, you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
1.10 Access to External Resources
Through Afzina, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their contents and availability.
Any applicable conditions relating to third-party supplied resources, including but not limited to conditions relating to any potential grant of rights in content, will be the subject of the particular third party's terms and conditions or, where those are silent, relevant statutory law.
1.11 Acceptable Use
Afzina and the Service shall exclusively be used as provided, subject to the Terms and applicable law.
Users are exclusively responsible for warranting that their use of Afzina and/or the Service infringes no applicable law, regulation, or third party's right.
Therefore, the Company reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to Afzina or the Service, by terminating contracts, by reporting any misconduct performed through Afzina or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected of engaging in any of the following activities:
- violate laws, regulations, and/or these Terms;
- infringe any third-party rights;
- considerably impair the Company’s legitimate interests;
- offend the Company or any third party.
1.12 Software License
Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to Afzina are the property of the Company and/or its licensors.
Subject to Users' compliance with and notwithstanding any divergent provision of these Terms, the Company licenses Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for Afzina and the Service offered.
This License does not grant Users any rights to access, use, or disclose the source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related are the Company's or its licensors' sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
1.13 API Usage Terms
Users can access their data, as related to Afzina, via the Application Program Interface or API. By using the API, or by using any service or product that utilizes access to Afzina through the API, the User is bound by these Terms and, further, the User expressly understands and agrees that the Company bears no responsibility and shall not be held liable for any damages or losses resulting from the User's use of the API or their use of any third-party products/services that access data through the API.
2. Subscription Terms
The fees, duration, and conditions applicable to any subscriptions are described in the below sections.
2.1 Free Trial
Users may have the option to test Afzina during a limited, non-renewable trial period at no cost. Certain features or functions of Afzina may not be available during the trial period.
The duration of the free trial will be specified at the time of registration. The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such a Product at the trial's conclusion.
The company is entitled at any time at its discretion to vary the terms and conditions of the Free Trial offer or withdraw any Free Trial offer at any time without notice.
2.2 Product Description
Prices, descriptions, or availability of Products are outlined in the respective sections of Afzina and are subject to change without notice.
The Company strives for accuracy in the description but does not warrant that the characteristics, descriptions, or images of any Products or Services are complete, reliable, current, or error-free.
2.3 Order Submission
Users must choose a Product and verify their selection before placing an order. The submission of an order determines the contract conclusion and, therefore, creates an obligation for the User to pay the price, taxes, and possible additional fees specified on the order page.
2.4 Prices
Users will be informed during the purchasing process and before order submission about any fees, taxes, and costs to be charged. Prices displayed may exclude taxes and other additional charges, which will be indicated at checkout.
Prices may be modified by the Company at any time, with the modification taking effect at the end of the then-current Subscription period. Users will receive reasonable prior notice of any change in Subscription fees.
2.5 Refunds
Except when required by law, paid Subscription fees are non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods. The Company may consider certain refund requests on a case-by-case basis at its sole discretion.
2.6 Methods of Payment
Means of payment accepted can be given in the purchasing process. Some payment methods may only be available above certain values or subject to additional conditions or fees. In these cases, related information can be found in the dedicated section of Afzina.
Payments are handled by the Company directly if the relevant payment method is marked as "managed by the Company." The Company collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of Afzina to learn more about the data processing and Users' rights regarding their data.
Other payment processors - if applicable - are provided by third-party services. Where this is the case, no payment details, such as credit card numbers, are collected by Afzina, but rather, a notification from the third-party provider notifies that the payment transaction has been successfully processed.
Should these payment methods fail, the Company will have no obligation to carry out the purchase order. Any eventual costs or commission due to the payment refusal or failure will be charged to the User.
2.7 Subscription Period
Subscriptions are a mechanism through which Users can receive a continuing or periodic Product during a set period of time. Unless otherwise provided in the Order Form, Paid subscriptions are
Some parts of the Service are not included in the Subscription, as described fully within the Service.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly, quarterly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
To create and maintain subscriptions, Users must pay the required recurring fee in a timely manner. Non-payment may cause service interruptions.
Automatic Renewal
Subscriptions are automatically renewed, and unless the User notifies termination within the deadlines for termination established in the relevant section of these Terms and/or Afzina using the tools made available in this regard, they shall renew for a renewal period equal in length to the original subscription period.
Should, for any reason, auto billing fail to occur, the Company will issue an electronic invoice indicating that the User must proceed with the manual payment. The Company reserves the right to withhold User access to Afzina until such time as all outstanding invoices are paid in full.
Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document or — if applicable — by using the corresponding controls inside Afzina. It cannot be terminated prematurely and shall run until the expiration of the subscription term.
If such notice of termination is received by the Company prior to renewal, termination shall be effective upon expiration of the then-current period; otherwise, termination shall not affect the automatic renewal of this Subscription.
2.8 Additional Charges
Users may incur additional charges if their usage exceeds the limits of their Subscription. Subscription limits are detailed during the purchasing process and in the respective sections of Afzina. Users agree to pay any additional charges incurred at the end of each billing month.
2.9 Late Payment
Any failure to make a payment of any Fees or taxes entitles the Company to suspend, in whole or in part, access to Services until such payment is received. The Company reserves the right to charge a late fee equal to the lesser of 10% of the outstanding balance per month or the maximum rate permitted by law in the jurisdiction where the User is located.
2.10 Applicable Taxes
Unless otherwise provided, charges exclude all taxes, levies, imposts, duties, tariffs, and exactions imposed on or by the Company for any sales, use, consumption, or other taxes now in force or imposed hereafter by any governmental body upon or concerning any amounts payable hereunder; and User will pay all such amounts and, if paid by the Company, User will reimburse the Company therefore, and User will indemnify and save harmless the Company from all such taxes.
2.11 Third Party Fees
Also, the Afzina Fees do not include any charges that may be levied by any Third Party, including but not limited to the Messaging Platforms, from access to or use of their services. The same shall be the User's responsibility, whether directly paid to the Third Party or such access is resold through Afzina - with Afzina advising the User in writing as to the applicable charges and the User having the right to accept such charges or decline them and not use the associated channel. If a Third Party is to impose special requirements for services of Afzina than what is normally offered by Afzina, then Afzina has a right to charge the User provided the User has the full right to either accept such charge or to decline and not to use an associated channel.
3. Additional Services
3.1 Terms and Conditions Applying to Extra Features
Users who have an active subscription may also purchase single extra add-ons or features as described in the relevant section of Afzina or the Order Form.
Prices, duration, terms of use, and termination of such extras may differ from those of the main Product and, unless otherwise specified, do not affect the prices, duration, terms of use, and termination of the latter.
3.2 Performance Additional of Services
The service to be purchased shall be performed or made available within the time frame prescribed on Afzina or otherwise notified to the Buyer before the submission of the order. Additional services shall be provided on a paid basis.
4. Right of Withdrawal
Unless mandated by law, the right to withdraw does not apply to Afzina. Users recognize and agree that this right does not pertain to agreements made through Afzina, given the unique nature of its services.
5. Liability and Indemnification
5.1 Indemnification
Users agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims or demands arising from or related to:
- User's use of and access to the Service, including any data or content transmitted or received by User;
- User's violation of these Terms, including, but not limited to, User's breach of any of the representations and warranties outlined in these Terms;
- User's violation of any third-party rights;
- User's violation of any applicable statutory law, rule, or regulation;
- Any content that is submitted from the User’s account.
5.2 Limitation of Liability
The Company shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or relating to the use of, or inability to use, the Service. In any event of liability, the compensation may not exceed the total payments made by the User to the Company based on the contract for 12 months or the period of the duration of the Agreement if shorter.
5.3 Disclaimer of Warranties
The Service is provided strictly on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, either express or implied, regarding the operation of the Service, the information, content, or materials included in the Service.
6. Common Provisions
6.1 No Waiver
Any failure by the Company to exercise any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be a further or continuing waiver of such term or any other term.
6.2 Service Interruption
The Company reserves the right to temporarily interrupt the Service for maintenance, system updates, or other changes, informing the Users accordingly to ensure the best level of service.
Within the limits of law, the Company also reserves the right to suspend or terminate the Service at any time. In case of termination of the Service, the Company will cooperate with the Users to enable them to withdraw, upon request, Personal Data or information by applicable law.
The Service may also be unavailable for other reasons beyond the Company's reasonable control, such as events of "force majeure" (strikes, infrastructure failures, blackouts, etc.).
6.3 "As Is" and "As Available" Disclaimer
The Service is provided to you "As Is" and "As Available," with all faults and no warranties of any kind. To the fullest extent allowed by law, the Company disclaims all express, implied, statutory, or other warranties regarding the Service, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not guarantee that the Service will meet your needs, be error-free, operate without interruption, or be compatible with other software or systems. Furthermore, it makes no representations about the accuracy, reliability, or safety of the Service or its content. Some jurisdictions may not allow such warranty exclusions, so these limitations may not apply to you, but they will be enforced to the maximum extent permitted by law.
6.4 Service Reselling
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of Afzina and of its Service without the Company's express prior written permission, granted either directly or through a legitimate reselling program.
6.5 Intellectual Property Rights
All intellectual property rights in and to Afzina are proprietary to the Company or its licensors and protected by applicable law and international treaties. All trademarks, trade names, service marks, images, and logos of Afzina remain the exclusive property of the Company or its licensors and are protected by applicable law and international treaties.
6.6 Trademark License
The User hereby grants to the Company a worldwide, non-exclusive, non-transferable, royalty-free license to use the User's trademarks and logos during the Term solely for marketing, advertising, and promoting the Company's solution, including listing the User and their application on the Company's website, provided that such use is in conformance with User's reasonable trademark guidelines as updated from time to time. The User can ask the Company to stop using their trademarks and logos if, in their reasonable opinion, such continued use would be detrimental to their image or goodwill.
6.7 Changes to these Terms
The Company is entitled to modify these Terms from time to time. In respect of material changes, the Company will use reasonable endeavors to notify the User in advance, provided that the Company, in its sole discretion, deems the change material. Changes will not apply retrospectively. Continued use of the Service after the revised Terms have come into effect indicates the User's acceptance of the revised Terms. If the User does not agree to the changes, they must stop using the Service, as failure to accept the revised Terms may allow either party to terminate the Agreement. The previous version of the Terms will govern the relationship before the User's acceptance, and the User can request any prior version from the Company.
6.8 Contact Information
For any inquiries regarding these Terms, Users must contact the Company through the following means: Email: [email protected]
6.9 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
6.10 Governing Law
These Terms shall be governed by and construed by the laws of the Sultanate of Oman, without regard to its conflict of law principles.
6.11 Venue of Jurisdiction
Any dispute related to or arising from these Terms shall be decided solely and exclusively by the Courts of the place where the Company has its registered office, as indicated in the proper section of this document.
6.12 Privacy Policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Afzina.
6.13 Fair Use Policy
You hereby undertake not to prejudice the quality of any Service to other Users, and you agree to observe the Company's fair use policy. The Company may, at its sole discretion and without notice, limit specific features or aspects of the Service, including messages, contacts, properties, snippets, files, or any future features. Users shall not use the System in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
7. Dispute Resolution
7.1 Amicable Resolution
Users may bring any disputes to the Company, and will try to resolve them amicably. Users should provide a detailed description of the dispute to the Company’s email address for prompt assistance.
7.2 Governing Jurisdiction
Any legal disputes arising from these Terms shall be handled in the competent courts in the jurisdiction where the Company is based.
8. Definitions
- "Afzina": The platform provided by the Company, including all associated services and content.
- "Company (or We)": Indicates the natural person(s) or legal entity that provides Afzina and/or the Service to Users.
- "User (or You)": Any individual or entity using Afzina.
- "Service": The services provided through Afzina as described in these Terms and on Afzina.
- "Product": Any good or service available for purchase through Afzina.
- "Term": All provisions that apply to the use of Afzina and/or the Service according to this document, including all other related documents and agreements, as updated from time to time.
- "Agreement": Any legally binding or contractual relationship between the Company and the User, governed by these Terms.