These Terms of Service ("Terms") govern your access to and use of the Mowafeq website at mowafeq.com (the "Site") and the Mowafeq document control and communication management platform at app.mowafeq.com (the "Platform"), each operated by Cyt Software QFZ LLC ("Cyt Software", "we", "us", or "our").
By accessing or using the Site or the Platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree, do not use the Site or the Platform.
Where a separate written agreement (such as a subscription or master services agreement) exists between your organization and Cyt Software, that agreement governs and prevails over these Terms to the extent of any conflict.
1. Definitions
- "Service" means the Site, the Platform, and related features, content, and services provided by Cyt Software.
- "Customer" means the organization that subscribes to or is authorized to use the Platform.
- "User" means an individual authorized to access the Platform under a Customer account.
- "Customer Content" means the documents, correspondence, metadata, attachments, and other data uploaded to or generated on the Platform by or on behalf of a Customer.
2. Eligibility and Accounts
You must be at least 18 years old and capable of forming a binding contract to use the Service. Accounts on the Platform are provisioned for authorized Users of a Customer. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at info@mowafeq.com of any unauthorized use.
3. The Service and License to Use
Subject to these Terms and any applicable subscription, Cyt Software grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service for the Customer's internal business purposes. We may update, enhance, or modify the Service from time to time.
4. Acceptable Use
You agree not to, and not to permit any User or third party to:
- use the Service in violation of any applicable law or regulation;
- upload or transmit unlawful, infringing, defamatory, or harmful content;
- attempt to gain unauthorized access to the Service, other accounts, or our systems or networks;
- interfere with or disrupt the integrity or performance of the Service;
- reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law;
- resell, sublicense, or make the Service available to third parties except as expressly permitted;
- introduce malware or use the Service to send unsolicited communications.
5. Customer Content and Data
As between the parties, the Customer retains all ownership of its Customer Content. The Customer grants Cyt Software a limited license to host, process, transmit, and display Customer Content solely to provide and support the Service.
The Customer is responsible for the accuracy, legality, and appropriateness of its Customer Content and for obtaining all rights and consents necessary to upload and process it through the Platform. Our handling of personal data within Customer Content is described in our Privacy Policy and any applicable data processing agreement.
6. Subscriptions, Fees, and Payment
Access to the Platform may require a paid subscription. Fees, billing frequency, and payment terms are set out in the applicable order, quote, or subscription agreement. Unless otherwise stated, fees are non-refundable, and you are responsible for any applicable taxes. [CONFIRM: align with your actual billing terms or reference the order form/quote].
7. Intellectual Property
The Service, including all software, designs, text, graphics, logos, and trademarks (including "Mowafeq"), is owned by Cyt Software or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you. You may not use our trademarks without our prior written consent.
8. Third-Party Services
The Service may interoperate with or link to third-party services. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.
9. Service Availability
We aim to provide a reliable Service but do not guarantee that the Service will be uninterrupted or error-free. Any service-level commitments, if applicable, are set out in a separate service level agreement. We may suspend access for maintenance, security, or operational reasons.
10. Confidentiality
Each party may have access to the other's confidential information. The receiving party will protect such information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
11. Warranty Disclaimer
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by law, Cyt Software will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts paid by the Customer to Cyt Software for the Service in the twelve (12) months preceding the event giving rise to the claim. [CONFIRM: align the liability cap with your subscription agreement].
13. Indemnification
You agree to indemnify and hold Cyt Software harmless from any claims, damages, liabilities, and expenses arising out of your use of the Service, your Customer Content, or your breach of these Terms, to the extent permitted by applicable law.
14. Term, Suspension, and Termination
These Terms remain in effect while you use the Service. We may suspend or terminate access if you breach these Terms, fail to pay applicable fees, or use the Service in a manner that poses a risk to us or others. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination will survive. Handling of Customer Content upon termination is governed by the applicable customer agreement.
15. Modifications to the Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws applicable in the Qatar Free Zones and, where relevant, the State of Qatar, without regard to conflict-of-laws principles. The courts and dispute-resolution bodies competent for the Qatar Free Zones will have jurisdiction over any dispute arising out of or relating to these Terms, subject to any binding arbitration the parties may agree. [CONFIRM: confirm the exact governing law and forum (QFZ courts / arbitration) with counsel].
17. Force Majeure
Cyt Software is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, power or internet failures, or third-party service outages.
18. General
- Entire agreement — these Terms, together with any applicable subscription agreement and our Privacy Policy, constitute the entire agreement between you and Cyt Software regarding the Service.
- Severability — if any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver — our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment — you may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Notices — we may provide notices to you by email or through the Service.
19. Contact Us
Questions about these Terms? Contact us:
- Cyt Software QFZ LLC
- Email: info@mowafeq.com
- Phone: +974 5511 5972
- Qatar / GCC Region