Terms & Conditions

Introduction

Thank you for choosing CODEIT as your preferred POS partner for enhancing your sales performance and compliance with Zakat, Tax and Customs Authority of the Kingdom of Saudi Arabia. The listed terms and conditions ( hereinafter referred to as the "Terms") govern the sale and use of the CODEIT Point of Sale (hereinafter referred to as “POS”) System, which comprises of, the CODEIT POS application license and/or the POS device (hereby referred cumulatively to as the "System") provided by CODE Communications & Information Technology Co. with CR No. 1010739970 (hereinafter referred to as the “First party”) to the merchant (hereinafter referred to as the “Second Party”). The Term's validity starts from the date of activation of the System and lasts until the end of the Second Party's subscription period.

Subsequent subscription renewals will be subject to the current Terms in force at the time of renewal. From time to time, the First Party may have to make alterations to the Terms and before any alterations to the Terms are made, the First Party will advise the Second Party in good time, via email, of the alterations and the Second Party is responsible for reviewing the aforementioned alterations to the Terms.

By registering, purchasing/renewing and/or using the System, the Second Party agrees to abide by these Terms, as these Terms represent and govern a “Formal” agreement between the two parties.

Preamble

The First Party is the provider of the System that serves the Second Party for management of sales and business operations. Since the Second Party operates as a business entity and wishes to benefit from the services and solutions provided by the First Party via the System, hence both parties agree to abide by the following terms:

Subscription:

The Second Party acknowledges that the System is offered under a subscription model. The Second Party is free to choose from the subscription options provided by the First Party. The First Party reserves the right to modify the subscription offerings and pricing at its discretion, in accordance with internal company policies, promotional offers and market demands, without prior consent from the Second Party. Subscription offers are contingent upon specific conditions, which may extend to existing Second Parties upon renewal or new Second Parties upon subscribing to the System. The Second Party expressly waives the right to contest or request any reimbursement regarding subscription pricing subsequent to the subscription purchase, subject to the conditions and terms in effect at the time of purchase. This agreement and its terms shall remain in effect for the duration of the subscription, and shall start from the date of its approval by both parties.

During the trial period, which lasts for 14 days and can be extended for another 7 days, the Second Party can use the application for free. After the trial ends, they lose access to their sales data unless they sign up for a paid subscription.

If the Second Party tries the System with a POS device during the trial but decides not to continue, they must return the device. Depending on its condition upon return, part of the deposit may be deducted: 5-15% for minor scratches, 20-40% for major scratches, and 50-80% if it's significantly damaged but still works. If the device is completely unusable due to major damage, no deposit will be returned. If the device is returned in good condition, the Second Party gets their full deposit back with no deductions

System Purchase and Installation:

The Second Party hereby enters into an agreement to acquire the CODE IT POS System, encompassing hardware devices pre-equipped with the CODE IT POS application, from the First Party. The First Party undertakes to provide installation services and training to the staff for the System at the Second Party's premises at the time of license activation, ensuring the smooth operation thereof. The Second Party is responsible to provide an active internet connection at their premises for the installation of the System. The System also functions in Offline mode but an uninterrupted internet connection is required at all times for consistency with the sales data.

Ownership and License:

The First Party retains exclusive ownership of the software & hardware, subject to the Second Party's chosen subscription plan. The Second Party is granted an exclusive and non-transferable license to use the System solely for internal business operations.

Ownership of the device which is part of the overall System, will transfer to the Second Party once the device's price has been fully paid for through prior subscription payments.The ownership of the application which is part of the System provided to the Second Party will remain with the First Party, and the Second Party will be granted a limited License to use the application as per their active subscription terms.

Use of System:

The Second Party agrees to abide by all applicable laws and regulations in Saudi Arabia, including any future revisions imposed by Saudi Arabian authorities, while using the System.

They are responsible for safeguarding access credentials to ensure that only authorized individuals access the System. The Second Party is prohibited from modifying, reverse engineering, taking screenshots (unless requested by First Party's support staff) or attempting to extract the source code of the CODE IT POS application, whether directly or indirectly. The Second Party is prohibited from causing any damage to the device and is responsible to ensure that no-one tampers with the provided System (hardware or software). Any tampering with the System will result in voiding the subscription, immediate deactivation of the System and no refunds will be given to the Second Party for the breach of usage Terms.

Payment:

The Second Party must pay the designated price for the System according to the chosen subscription plan. The System will be activated only upon receipt of the agreed fee, and payment must be made at the time of signing the Terms & Service Request form.

Support and Maintenance:

The First Party will provide technical support and maintenance for the System throughout the agreement term, which may include software updates, bug fixes, and troubleshooting aid. Hardware support will be handled by the First Party and its suppliers. The Second Party will be notified of any potential service interruptions during the Support and Maintenance period. The Second Party must promptly report any System issues for timely resolution. If the First Party finds that faults or damages result from Second Party negligence and/or interference, the Second Party is responsible for the cost of repairing or replacing the POS machine.

Data Security and Privacy:

The First Party will take all reasonable measures to protect all Second Party's data processed by the System. The Second Party acknowledges that certain data, like sales transactions and inventory details, will be collected and stored by the First Party for System operation and related services, including marketing. The First Party will not share Second Party data with third parties without the explicit prior consent of the Second Party, except as required by law.

Warranty and Disclaimer:

The First Party guarantees that the System will function largely as described in its documentation. Except as expressly stated herein, the First Party denies all warranties, whether explicit or implied, regarding the System, including but not limited to its suitability for a specific purpose, merchantability, or non-infringement.

Limitation of Liability:

The First Party is not liable to the Second Party, nor any third party for direct, indirect, incidental, consequential, or punitive damages arising from the Second Party's use of the System.

Termination:

Either party may terminate this agreement immediately, with written notice, if the other party makes a major breach of these Terms and does not correct the breach within thirty (30) days of receiving written notice. Upon termination or the agreement's expiration, the Second Party must stop using the System and the First Party will deactivate access to it. If the agreement ends due to a significant breach or before its Term ends, the Second Party must immediately return the POS machine to the First Party in good condition. The Second Party may be liable for damages, not exceeding the subscription amount, for any noticeable defects. If the agreement ends naturally, the Second Party keeps the POS machine. If the Second Party wants to terminate due to a malfunction with the POS machine, the First Party may offer a free replacement in order to resolve the issue.

Governing Law and Dispute Resolution:

These Terms will be governed by and interpreted in accordance with the laws of the Kingdom of Saudi Arabia, including any future updates. Any disputes arising from or related to these Terms will first be resolved through amicable negotiations between the two parties. If an amicable resolution cannot be reached, the dispute will be settled according to the relevant local arbitration laws

Miscellaneous:

These Terms constitute the entire agreement between the parties concerning the subject matter and supersede all previous discussions, agreements, and understandings, whether written or verbal. The First Party has the authority to amend or modify these Terms in line with its policy and will communicate any changes to the Second Party via email. If any provision of these Terms is deemed invalid or unenforceable by local law, the remaining provisions will still stand. By acquiring and using the CODE IT POS System, the Second Party acknowledges having reviewed, understood, and agreed to these Terms and Conditions, and commits to regularly reviewing them for updates from the First Party.