Terms and Conditions

OVERVIEW

Thank you for using Shopzy.
The following (Terms and Conditions) are a legal agreement between you, as a current or prospective customer of Digital Window for Information Technology Company, otherwise known as (Shopzy), the user (“you,” “your”) and Shopzy, an affiliate of Digital Window Strategy for Information Technology.

These terms of service (“Terms of Use“) cover your use and access to our services, web application software, downloadable apps and websites (“Services“). By using our Services including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”), you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Use agreement, including Privacy Policy, and, if applicable. If you do not agree to any of these terms and conditions, you may not use our Services.

Shopzy reserves the right to update and change the Terms of Use by posting updates and changes to the Shopzy website. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you and your Shopzy Account.

Activation and Use of Your Account

1. This Terms of Use is a legal service agreement between Shopzy (“Shopzy”, “Us”, “We”), and the individual or organization (“Customer”, “Account Owner”) who registers to use the Shopzy Services by creating a Shopzy account. If an individual creates an account on behalf of their employer/organization, then the employer/organization will be deemed to be the Account Owner, and will be bound by these Terms of Use.
   
   
2. Shopzy offers a cloud-based management system to enable restaurants, coffee shops, food trucks, retail shops (Customers) to manage, assess, track, optimize, and scale their business operations and meet their needs accordingly. You must open an account with us (a “Shopzy Account”) to use the Services. During registration, we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information up-to-date. You are fully responsible for all activities pertaining to your Shopzy Account, including any actions taken by persons to whom you have granted access to said Shopzy Account. We reserve the right to change the account type, suspend or terminate the Shopzy Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements, when it comes to both offline and online sales processes.
   
   
3. Shopzy grants Account Owner the right to access and use the Service via the Website, web-based application and downloadable apps. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
   
   
4. The Account Owner can invite individuals to access its Account as authorized users (“Authorized User”). The Account Owner determines who is Authorized User to use the Shopzy Service on its behalf. This includes the individual who creates an Account on behalf of the Owner (Super Admin) and other employees, sub-contractors and individuals who are authorized to use the Shopzy Services on the Account Owner’s behalf. You acknowledge and agree that:
   
   
   • 2.3.1 the Account Owner determines who is an Authorized User and what level of user role access to the relevant organization and Service that Invited User has;
   • 2.3.2 the Account Owner is responsible for all Authorized Users’ use of the Services.
   • 2.3.3 the Account Owner controls each Authorized User’s level of access to the organization’s Account and Services at all times and can revoke or change an Authorized User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorized User or shall have that different level of access, as the case may be.
   • 2.3.4 If there is any dispute between an Account Owner and an Authorized User regarding access to any Account or Services, the Account Owner shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
   • 2.3.5 At this time, Shopzy Services are offered only to users residing in the Kingdom of Saudi Arabia.

Termination

1. You can stop using our Services at any time. Should you decide not to use Shopzy Services, please ensure to cancel your Account and Subscription. Failure to do so will result in Subscription renewal on its periodic renewal date.


2. We reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms of Use in a manner that would cause us legal liability, disrupt our Services or disrupt others’ use of the Services.


3. We reserve the right to terminate and delete your Account, including all the Data and information stored on it, if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.


4. You can close your account by contacting [email protected].


5. All Free Trial Accounts where the Account Owner did not opt for a Subscription at the end of their trial, we’ll delete those Accounts and Data and information stored in the Accounts within 30 days.

No Malicious or Illegal Use

Account Owner and any Authorized User shall not (and shall not allow any third party to):

1. distribute viruses or other harmful or malicious computer code via or into the Products.
2. engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Shopzy Services
3. use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement.
4. use the Shopzy Services for any use other than Customer’s internal business use.
5. use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or Services or for the purpose of obtaining unauthorized access to the Services.


6. use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.


7. Shopzy retains all titles to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof and all related documentation and materials.


8. If you become aware of an unauthorized login from an unknown user, you agree to notify Shopzy immediately by email at [email protected].

Fair Use Policy

1. It is important to Shopzy that all Shopzy Customers are able to access our Services. Accordingly, We have devised a Fair Use Policy. Fair use limits apply to all Shopzy Services, including any Services advertised as ‘unlimited’


2. We may limit, suspend or terminate your Shopzy Services if you unreasonably exceed such limits or excessively use the capacity or resources in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our systems and service quality.


3. Limit on your Shopzy Services may include (but not limited to) the volumes of the following parameters per store: (a) outlets, registers, customers, products and users; (b) storage space required to host and backup your data on our servers; (c) frequency of API (application programming interface) calls per hour; (d) page views per minute period; (e) bandwidth usage per six (6) hours period.

Fees and VAT

1. You agree to pay the applicable fees listed on our Website (‘Fees’) for use of the Services.


2. Subject to the terms of this Agreement, we reserve the right to change our Fees at any time by giving you an advance notice. The new Fees or pricing/package terms will automatically apply to your Account from expiry of that notice, unless you choose to cancel your account before the changes take effect. Continuity in account is considered as your consent. To withdraw your consent to the changes in Fees, you must close your account with Shopzy (‘Account’).


3. All Balances and all Fees, charges and payments are denominated in (SAR). For all Accounts in Saudi Arabia, the fees, charges and payments are denominated in (SAR) and include VAT. Subscription plans with option to pay in (SAR) are available only to customers with business locations within (SAR). If your retail outlets are located outside of KSA, you must opt for Shopzy subscription plans charged in either USD or your local currency, if available.


4. You can register a Shopzy Account on a free trial (“Free Trial”) as advertised on Shopzy website. The Free Trial allows Account Owner full access to the Services for free for 14 days, starting from the day of Account registration. The Free Trial is for evaluation purposes and Account Owners must activate their paid subscription to start using Shopzy Services to serve their customers.


5. If you wish to continue to use the Shopzy Services at the end of the Free Trial, you will need to opt for a paid Shopzy subscription plan (“Subscription”) and provide payment Bank Deposit details. If you choose not to continue with the Shopzy Services at the end of the Free Trial, then your Account and all data associated with it will be deleted after 30 days following the end of your free trial.


6. Account Owner shall pay Shopzy the annual or monthly fees as specified in the selected Subscription. Fees are charged in advance on a monthly or annual basis. We’ll automatically bill you from the date you activate a paid Shopzy Subscription and on each periodic renewal until cancellation.


7. You’re responsible for all applicable VAT, and we’ll charge VAT when required to do so.


8. All payments by Account Owner to Shopzy under this Agreement are non-refundable, including if you only use part of a month or year’s Subscription for the Shopzy Services. Unless required by law, we will not provide refunds in connection with the Shopzy Services.


9. All Subscription payments are made via the automatic payment method specified by Account Owner in the Subscription, or as otherwise agreed by the Customer and Shopzy.


10. Your Account will remain in effect until the date of its Subscription renewal date. If you don’t pay for your Subscription or Subscription renewal on time, we reserve the right to suspend, downgrade or delete your Account.

Upgrade/Downgrade Service Plan

1. You may upgrade or downgrade your Shopzy Subscription plan at any time. The Subscription plan upgrade/downgrade changes will become effective immediately so please read and understand following prior to making any such changes to your Account:


2. Please be aware that you are actually switching your existing service plan. Some services that you currently enjoy may be unavailable to you depending on the new service plan selected. Please make sure to carefully read the plan descriptions for each Subscription option.


3. Upon downgrade, all features are directly reduced to the numbers covered under the new plan. Downgrading your service plan may result in loss of data, features, resources, allowed products limit, allowed users limit, allowed outlet and registers limit and reduction of any other capacity based on the new service plan allocations. You are responsible for any loss and results of Service plan downgrades. Shopzy does not accept any liability for any kind of loss resulting from your account service plan downgrade.


4. No refunds will be paid in respect of any unused portion of your higher Subscription plan when you downgrade to a cheaper Subscription plan.


5. When you upgrade your Subscription plan, we will only charge the difference by crediting your account for the unused amount paid towards your existing plan. You can transfer or bank deposit for any net amount due as a result of the upgrade. You can provide the payment details and the plan will be upgraded only after the receipt of payment.


6. If you are currently on a yearly Subscription plan, you can downgrade or upgrade to a Subscription plan with a yearly payment option only.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, Shopzy and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services.

1. Shopzy cannot guarantee the results generated through the service, or that the service will be continuously available for use without interruption, and


2. the services are provided “as-is”, on an “as available” basis without any representation, warranty or condition of any kind, and Shopzy hereby disclaims all conditions, representations and all warranties whether express or implied, arising by law or otherwise with respect to the products, including, but not limited to, any

1. implied warranty of merchantability or fitness for a particular purpose,


2. implied warranty arising from course of performance, course of dealing, or usage of trade,

Limitation of Liability & Privacy

To the fullest extent permitted by law, in no event will Shopzy, its affiliates, suppliers or distributors be liable for

1. any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not Shopzy has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; The privacy and security of your personal information is important to us. Shopzy’ Privacy Policy describes and defines the types of personal information we collect about you, and the means in which we use them, in compliance with International comparative Law. We encourage you to read the Privacy Policy carefully, as it forms a binding part of these Terms and Conditions and contains important information about your rights.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, and posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.