Terms of Service

1. General

1.1. Masfoofat Shaheen Communication Equipment Software Design L.L.C (“MSHAHEEN” or “Company”) operates the ‘eDesk Travel’ software (functioning as a SaaS system) for managing tourism offices and travel agencies, providing among others, a comprehensive office management solution (the “System”).

1.2. These terms of service (the “Terms”) apply to the use of the System by a customer who subscribed for the purchase of at least one of the available licenses to use the System, without transferring ownership of the System (the “Customer”). Such subscription is made pursuant to a ‘Subscription Form’ applicable to the package selected by the Customer (the “Subscription Form”). The specific terms and fees for each package are detailed on MSHAHEEN’s website (the “Subscription”) and together with the Subscription Form and these Terms they constitute a binding legal agreement between MSHAHEEN and the Customer, governing, among other things, the grant of a right to use the System to the Customer as detailed herein.

2. Grant Of Rights; Prohibited Use

2.1. Subject to the terms herein and any applicable law, MSHAHEEN hereby grants to Customer, during the Term (as defined below), solely for the Customer’s internal business operations and for the Purpose of Use, a limited, non-perpetual, exclusive, non-transferable and non-assignable to third parties, right to access and use the System solely for the Purpose of Use (defined in Section 4.1) for the number of users as specified in the Subscription Form (the “License”).

2.2. The Customer shall not and shall not attempt to, directly or indirectly: (a) copy, modify, duplicate, imitate, reproduce, create derivative works from, frame, mirror, or download, all or any portion of the System in any form or media or by any means; (b) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code from all or any part of the System; (c) sell, rent, lease, transfer, assign, distribute, transmit, display, publish, disclose, misuse the System in any way or otherwise dispose, commercially exploit (other as permitted herein), or otherwise make the System available to any third party; (d) obtain, or assist third parties in obtaining, unauthorized access to the System; (e) create or send any viruses, worms or Trojan horses, flood or mail bombs, or engage in denial of service attacks while using the System; (f) use or launch any automated system that accesses the System in any manner, including without limitation, any “robots”, “spiders”, or “offline readers”; (g) use the System in any manner that damages, disables, overburdens or impairs the System, or Company’s systems or servers, or the cloud or other platform on which the System operates, and/or otherwise interferes with any other party’s use of the System; (h) make available through the System, any Data not in compliance with Section 8.7 below; (i) use the System in any manner that is prohibited or in violation of these Terms and/or any applicable law or regulation; (j) allow or cause any third party to do any of the foregoing; (k) circumvent or attempt to circumvent any system limitations, security measures, or usage restrictions provided by the Company; (l) misuse or infringe upon the Company’s intellectual property rights, trademarks, or any other proprietary rights relating or not relating to the System; (m) fail to implement reasonable security measures, including but not limited to, strong password practices and safeguarding access credentials; (n) upload or introduce into the System any material that may harm the operation of the System, including viruses, malicious code, or harmful data; (o) violate any data privacy and confidentiality obligations while using the System, including the improper sharing or exposure of sensitive information; (p) fail to report any breach, unauthorized access, or misuse of the System to the Company immediately upon discovery.

2.3. MSHAHEEN reserves the right, at its sole discretion without any liability to the Customer, to disable, suspend or terminate the Customer’s access to the Services, in the event of any breach of the provisions of Section ‎‎2.2.

2.4. To enable Customer’s use of the System, MSHAHEEN will create a customer admin account for the Customer (“Customer Account”) through which permissions will be granted to the number of users specified in the Subscription Form, which may be increased pursuant to Customer’s written request as authorized by MSHAHEEN (“Authorized Users”). The Customer is fully responsible for any use or misuse of the account details by each of the Authorized Users (username and password) and any activity that occurs in the Customer Account through such Authorized Users, whether approved by the Customer or not. The Customer agrees to notify MSHAHEEN immediately of any unauthorized use of the account details or any use and access to the System not through any of the Authorized Users. The Customer Account, the permissions granted to the Authorized Users, and right to use the System are personal to the Customer and are not transferable without MSHAHEEN’s prior written consent. Furthermore, the Customer agrees not to use the System (by its employees or anyone on its behalf) with the same permission more than once simultaneously.

2.5. The scope of services and/or modules and/or components that will be made available to Customer within the Customer Account will be according to the plan purchased by Customer as specified in the Subscription Form. Customer will pay MSHAHEEN the fees pursuant to Section 3 based on such selected plan. Customer may change its purchased plan at any time during the Term (as defined in Section 5) subject to MSHAHEEN’s prior written approval, in which case, additional fees may apply to cover the difference between the plans according to MSHAHEEN’s pricing then in effect (Customer acknowledges that switching from the ‘Professional’ plan to the ‘Starter’ plan is not permitted).

3. Fees

3.1. Customer will pay MSHAHEEN, during the Term, the amounts specified in the Subscription Form, including a one-time setup fee (the “Setup Fee”), license fees determined in accordance with the selected plan and the number of Authorized Users allocated to Customer as specified in the Subscription Form (the “License Fees”), and payment for any additional services purchased under the Subscription Form, all plus applicable VAT (if any) (collectively, the “Fees”). The Fees will be paid to MSHAHEEN according to the terms specified in the Subscription Form, where the License Fees will be paid at the intervals and according to the subscription term specified in the Subscription Form (quarterly, semi-annually, etc.) (the “Subscription Term”). The License Fees shall be paid no later than the first day of each Subscription Term. It is clarified that the License Fees will be paid for the entire Subscription Term whether the Customer used and/or accessed the System during the entire Subscription Term or not. Payment of the Fees will be made by credit card or bank debit order at the Customer’s choice and as approved by MSHAHEEN. For the avoidance of doubt, it is clarified that in the event of termination of the Subscription Term by the Customer according to Section ‎5 below, Customer will not be entitled to a refund of the Setup Fee and/or License Fees and/or any part thereof (or any additional payment).

3.2. It is clarified that the Fees will be paid by Customer even if the System is not used during the Term or part thereof, and if the System is not used as stated above, the Customer will not be entitled to any refund (or compensation of any kind) for such period.

3.3. Without derogating from any other remedy available to MSHAHEEN by law or under these Terms, any payment Customer is required to pay to MSHAHEEN under these Terms and/or the Subscription Form, that is not paid when due, will bear late interest from the due date until the actual payment date (for this purpose, late interest is the late interest of 12% per annum, calculated daily from the due date until the actual payment date. For ease of calculation, the daily interest rate shall be 0.033% of the outstanding amount (12% per annum divided by 365 days)). MSHAHEEN may block access to the System in case Customer of any delay in payment of the Fees (or part thereof) exceeding seven (7) calendar days.

3.4. MSHAHEEN reserves the right to update the License Fees (and/or payments for additional services) from time to time at its discretion, provided that it shall notify the Customer of such update thirty (30) calendar days prior to the end of the Subscription Term in which the update was made, and that such update will take effect and apply to Customer as of the first day of the Subscription Term following the Subscription Term during which MSHAHEEN notified the Customer of such update.

3.5. MSHAHEEN may (but is not obligated to) offer services (including training and support services beyond the standard services offered by MSHAHEEN according to Section 9) and/or additional modules and/or products (the “Additional Services and Products”) from time to time, whether for consideration or not, at its sole discretion. Customer is aware that the Additional Services and Products, if offered, may be subject to an additional fee determined by MSHAHEEN notwithstanding the terms of the Subscription Form. Without derogating from the generality of the above, MSHAHEEN may decide from time to time, at its discretion, to apply additional charges for any modules and/or components included in the System and which was originally offered to Customer at no cost at any given time, provided that it shall notify the Customer to this effect thirty (30) calendar days prior to the end of the Subscription Term in which such update was made, and that such update will take effect and apply to the Customer as of the first day of the Subscription Term following the Subscription Term during which the notice of change was given to Customer. It is hereby clarified that changes and/or additions made to the System at the Customer’s request and not included in the purchased plan will be priced separately by MSHAHEEN at its discretion.

4. Customer's Undertakings

4.1. Customer acknowledges that it has examined the System and found it suitable for its purposes and needs and decided to purchase from MSHAHEEN a license to use the System as a tourism/travel office management system (the “Purpose of Use”) according to the plan and the number of Authorized Users specified in the Subscription Form. Customer represents that there is no legal, contractual, or other impediment or restriction to it entering into the Subscription Form and these Terms and the compliance with all its obligations hereunder and thereunder, and that it has the authority and right to enter into these Terms and the Subscription Form.

4.2. Without derogating from any other obligation of Customer pursuant to these Terms, Customer undertakes to: (a) cooperate with MSHAHEEN in order for MSHAHEEN to efficiently render the System to the Customer; (b) comply with all applicable laws and regulations with respect to its activities under these Terms and its use of the System; (c) carry out all of its other responsibilities set out in these Terms in a timely and efficient manner; (d) to the extent required, obtain and maintain all necessary licenses, consents, and permissions necessary for MSHAHEEN to perform its obligations under these Terms; (e) ensure that its network and systems comply with the relevant specifications provided by MSHAHEEN from time to time; (f) be solely responsible for procuring and maintaining its network connections and telecommunications links connecting between Customer’s systems and MSHAHEEN’s data centers, MSHAHEEN’s servers, third-party external servers, cloud or other platform on which the System operates (as shall be instructed by MSHAHEEN from time to time), and be solely liable for any delays, delivery failures, and all other loss or damage arising from or relating to such Customer’s network connections or telecommunications links or otherwise caused by the internet service.

4.3. Customer undertakes to indemnify MSHAHEEN for any damage and/or expense and/or loss (including legal expenses and attorney fees) incurred by it due to or in connection with any unauthorized use of the System, including, without limitation, granting access to the System to a third party without prior written consent from MSHAHEEN.

4.4. MSHAHEEN reserves the right, at its sole discretion, without liability to MSHAHEEN, to disable, suspend or terminate Customer’s access to the System in the event of any material breach of any of the provisions of this Section 4 by Customer and/or anyone on its behalf.

5. Term and Termination

5.1. The subscription by Customer to use the System shall commence on the date s specified in the Subscription Form, and shall continue until the lapse of the Subscription Term. Thereafter, the Subscription Term shall be automatically and without any further action renewed for additional successive periods equal to the period specified in the Subscription Form (each a “Renewal Period”, and together with the Subscription Term(s) – the “Term”). Notwithstanding the foregoing, the Term: (a) may be terminated by MSHAHEEN with prior written notice to the Customer of at least thirty (30) calendar days, or by the Customer with prior written notice to MSHAHEEN of at least sixty (60) calendar days before the end of the Subscription Term or the Renewal Period (as applicable), in which case the Term shall terminate upon the expiry of such applicable Subscription Term or Renewal Period (as applicable); or (b) may otherwise be terminated in accordance with the provisions of these Terms.

5.2. If the Customer registers with MSHAHEEN for a demo or a free trial version of the System, including any related support services, to the extent provided (the “Trial Services”), MSHAHEEN will make such Trial Services available to the Customer on a trial basis only, until the earlier to occur of (i) the end of the trial period as specified upon registration; and (ii) termination by MSHAHEEN at its sole discretion (the “Trial Period”). During the Trial Period, MSHAHEEN grants the Customer a non-exclusive, non-transferable, and non-sublicensable right to access and use the Trial Services for the Customer’s internal evaluation purposes, in accordance with the Subscription Form (if applicable) and subject to the access, use restrictions, disclaimers, and limitations of liability set forth in these Terms. The Customer is authorized to use the Trial Services only for evaluation and not for any business or productive purposes unless otherwise authorized by MSHAHEEN in writing. Any data entered into the demo version of the System under the Trial Services and any configurations made thereto by or for the Customer during the term of such Trial Services will be permanently lost unless the Customer: (a) has purchased a Subscription at least in the scope covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. There is no guarantee that features or functions of the Trial Services will be available, or if available, will be the same in the general release version of the System. The Customer should review the System features and functions before purchasing a Subscription. MSHAHEEN will be under no obligation to provide the Customer with any support services concerning the Trial Services. The Trial Services are provided by MSHAHEEN on an “as is” and “as available” basis without any warranties or representations of any kind. To the extent permitted by law, MSHAHEEN disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. The Customer assumes all risks and costs associated with the use of the Trial Services. The Customer’s sole and exclusive remedy in the case of any dissatisfaction or breach by MSHAHEEN of these Terms with respect to such Trial Services is the termination of the Trial Services. MSHAHEEN and its affiliates shall not have any liability towards the Customer or any third party in connection with the use by the Customer of the Trial Services.

5.3. If Customer terminates the Subscription under Section 5.1, it will in any case be required to pay the License Fees for the Subscription Term during which the termination notice was given as stated. A notice of termination by the Customer shall be in writing and delivered to MSHAHEEN by email or registered mail according to the contact details in Section 16.10.

5.4. MSHAHEEN may, at its discretion, suspend the Term and/or the Trial Period (if given) temporarily if necessary for the maintenance or expansion of the System and/or the server farm (data centre) used by MSHAHEEN or for other technological reasons (including in the case of downtime), and will give Customer notice to this effect. Additionally, MSHAHEEN may terminate the Term or block the Customer’s use of the System (temporarily or permanently) at its discretion in the following cases:

5.4.1. Immediately if the Customer has not paid MSHAHEEN any payment they owe under these Terms on time.

5.4.2. With seven (7) calendar days’ notice to the Customer due to a reason arising from force majeure beyond MSHAHEEN’s control, including accident, war, fire, flood, and the like, or by order of a competent authority that does not allow the continued use of the System.

5.4.3. Immediately in the case of a breach of any of these Terms by the Customer that is not corrected within seven (7) calendar days of MSHAHEEN’s notice of it, and immediately in the case of a fundamental breach of these Terms.

5.4.4. Immediately if MSHAHEEN believes that the Customer has misused the System in a way that could cause harm to the public and/or MSHAHEEN and/or any of its employees and/or customers and/or any other party.

5.4.5. Immediately if liquidation, bankruptcy, or receivership proceedings are initiated against the Customer, or if a lien is placed on the Customer’s rights in MSHAHEEN.

5.4.6. Immediately if there is a legal restriction on continuing to grant the License and/or provide service to the Customer through the System.

5.5. In the event of termination of the Term as stated in Sections 5.1 to 5.4, the Customer will not be given a refund (full or partial) of the Setup Fee and/or License Fees or any other payments made by it before the termination of the Term or service blocking as stated, and the Customer will be required to pay MSHAHEEN the full Fees and payments until (and including) the Subscription Term during which the Term was terminated as stated, and MSHAHEEN will have no obligations towards the Customer except as explicitly stated in these Terms. Upon termination of the Term for any reason, the Customer (including their employees and/or representatives) shall cease any use of the System and/or any part of it.

6. Intellectual Property

6.1. MSHAHEEN shall retain all rights, titles, and interests, including without limitation all patents, copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights, in and to the System and/or MSHAHEEN’s technology, including without limitations, any improvements, updates, upgrades, error corrections, or other modifications thereof, and any work products thereof. Except for the rights expressly granted to the Customer under Section 2.1 above, these Terms do not grant the Customer any rights to or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of MSHAHEEN, its technology, its products and services (including the System) and/or any documentation ancillary thereof (except for the Customer’s content and data entered into the System by the Customer).

6.2. These Terms and/or the License do not grant the Customer any ownership rights, use rights, or exploitation rights in the System or any part thereof, including MSHAHEEN’s intellectual property rights, except as explicitly stated in these Terms. For the avoidance of doubt, the System is licensed, not sold, to the Customer. It is clarified that MSHAHEEN may change the name of the System from time to time at its sole discretion without prior notice.

6.3. Any use by the Customer (or anyone on their behalf) of the System that is not expressly permitted under these Terms constitutes an infringement of MSHAHEEN’s rights and a fundamental breach of these Terms. The Customer undertakes that they or anyone on their behalf will not copy, reproduce, translate, duplicate, modify, adapt, reverse engineer, decompile, disassemble, or attempt to derive the source code of the System or any of its components, create derivative works or improvements based on the System, or perform any other action using it, except as explicitly stated in these Terms and for the Purpose of Use only and solely during the Term and/or Trial Period (as applicable).

6.4. The Customer acknowledges that the System allows the Customer to add design elements and/or content (including images, text, etc.) and/or information and/or data to the System interfaces or parts thereof. MSHAHEEN disclaims any responsibility for any content, elements, data, or materials that will be entered or added to the System by the Customer, and the Customer will be solely responsible for any such content, data, or elements. Without derogating from the generality of the above, the Customer declares that the content, data, or elements uploaded by the Customer to the System do not infringe any rights of third parties, including intellectual property rights. The Customer confirms that the content, data, or element entered into the System are entered voluntarily by them and are fully within their right to use.

6.5. MSHAHEEN reserves the right to monitor the Customer’s usage of the System to ensure compliance with these Terms and protect its intellectual property. Any unauthorized use or breach of these Terms may result in immediate termination of access to the System, legal action, or any other remedies available under the law. The Customer agrees to indemnify and hold MSHAHEEN harmless from any claims, damages, or liabilities arising from the misuse of the System or infringement of intellectual property rights.

6.6. Any suggestions, enhancements, or other feedback the Customer provides related to the System or MSHAHEEN’s technology shall be considered MSHAHEEN’s intellectual property. MSHAHEEN may freely use, modify, or incorporate such feedback without any obligation to the Customer, including financial compensation or acknowledgment.

6.7. The Customer agrees to implement reasonable security measures to protect the System, its components, and MSHAHEEN’s intellectual property from unauthorized access, use, or disclosure. The Customer is responsible for securing any data or content uploaded to the System and ensuring that it complies with applicable data protection laws and regulations. Any data breach caused by the Customer’s failure to secure their systems shall be the sole responsibility of the Customer.

6.8. MSHAHEEN reserves the right to audit the Customer’s use of the System at any time to ensure compliance with these Terms. The Customer agrees to cooperate fully with any such audit, including providing access to relevant records and personnel. If an audit reveals any unauthorized use or violations of these Terms, MSHAHEEN reserves the right to immediately terminate access to the System and seek compensation for any damages incurred.

7. Export Compliance

7.1. Export laws and regulations of the United States, and any other relevant local export laws and regulations apply to the System. The Customer acknowledges and agrees that such export control laws govern the Customer’s use of the System, and the Customer agrees to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). The Customer agrees that no data, information, programs, and/or materials resulting from the System (or work products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

8. Confidentiality and Data Protection

8.1. Each party may be provided with or exposed to Confidential Information of the other party in connection with these Terms. “Confidential Information” includes proprietary or confidential data in any form, such as technical, business, financial, and customer information, disclosed under these Terms. MSHAHEEN’s Confidential Information includes details of the System, performance test results, and work products. Customer’s Confidential Information includes their Data.

8.2. Confidential Information does not include information that: (a) becomes public through no fault of the receiving party; (b) was in the receiving party’s possession before disclosure; (c) is lawfully disclosed by a third party without restriction; (d) is independently developed by the receiving party; or (e) must be disclosed by law or court order.

8.3. Each party shall keep the other’s Confidential Information confidential, not disclose it to third parties, and use it only to fulfil obligations under these Terms.

8.4. Confidential Information may be disclosed to a party’s officers, directors, employees, and consultants (“Representatives”) on a need-to-know basis, provided they are bound by similar confidentiality obligations. The disclosing party is liable for any breach by its Representatives.

8.5. MSHAHEEN has the right to collect and analyse data and information concerning the Customer’s use of the System during the Trial Period and/or Term (as applicable) and afterward. MSHAHEEN may use such information and data to improve the services and/or the System and for development and upgrade purposes.

8.6. The use of information collected from the Customer during the purchase of the license and the use of the System will be done in accordance with the System’s Privacy Policy, a copy of which will be provided to the Customer and is an integral part of these Terms. The Privacy Policy may also be found on the System’s website and may change from time to time at MSHAHEEN’s discretion.

8.7. MSHAHEEN and the Customer shall comply with all applicable data protection and privacy laws and regulations in the United Arab Emirates, including but not limited to Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and any subsequent regulations, guidelines, or decisions issued by the UAE Data Office (collectively, “Data Protection Laws”). MSHAHEEN may collect, process, and store personal data provided by the Customer solely for the purposes of providing the System and related services. MSHAHEEN will ensure that personal data is collected and processed lawfully, fairly, and in a transparent manner, in accordance with the Data Protection Laws. MSHAHEEN shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including protecting personal data from unauthorized or unlawful processing, accidental loss, destruction, or damage. Such measures shall be in line with industry standards and in compliance with the Data Protection Laws. MSHAHEEN acknowledges that data subjects (including Customer’s users or clients) have certain rights under the Data Protection Laws, including the right to access, rectify, erase, restrict, and object to the processing of their personal data. MSHAHEEN will assist the Customer in responding to any such requests from data subjects, as required by the Data Protection Laws. Customer data, including personal data, will not be transferred outside the UAE unless such transfer complies with the Data Protection Laws, including any restrictions or conditions imposed on international data transfers. MSHAHEEN will ensure that any transfer of personal data outside the UAE is subject to appropriate safeguards, such as standard contractual clauses or other lawful mechanisms as required by the UAE Data Office. In the event of a personal data breach that affects the Customer’s data, MSHAHEEN will notify the Customer without undue delay, and where feasible, within seventy-two (72) hours after becoming aware of the breach. MSHAHEEN will provide sufficient information to enable the Customer to meet any obligations to report or inform affected data subjects under the Data Protection Laws. MSHAHEEN shall retain personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable laws. Upon termination of the Agreement or upon the Customer’s request, MSHAHEEN will securely delete or anonymize all personal data, unless retention is required by law. MSHAHEEN may engage third-party service providers (“Sub-processors”) to assist in the processing of Customer data. MSHAHEEN shall ensure that such Sub-processors are bound by similar data protection obligations and that any processing by Sub-processors complies with the Data Protection Laws. The Customer agrees to indemnify, defend, and hold harmless MSHAHEEN, and anyone acting on its behalf, from any claims, fines, or penalties arising from the Customer’s breach of Data Protection Laws or failure to provide accurate or lawful instructions regarding the processing of personal data. 8.8. This Section 8 shall survive the termination or expiration of these Terms.

8.8. This Section 8 shall survive the termination or expiration of these Terms.

9. Training and Support Services

9.1. Shortly after the commencement of the license grant to the Customer as stated above, MSHAHEEN will provide the Customer with training on the use of the System as specified in the Subscription Form.

9.2. MSHAHEEN will offer support services for the use and operation of the System during MSHAHEEN’s business days/hours (excluding holidays, holiday eves, and public holidays) to the extent required at MSHAHEEN’s sole discretion as determined from time to time and subject to any applicable law (the “Support Services”). The Support Services can be obtained by contacting MSHAHEEN by phone at +971585431299 (or another number as updated by MSHAHEEN at any time after the start of the Subscription).

9.3. The Customer undertakes to report to MSHAHEEN immediately any malfunction, error, or problem discovered in the System and to cooperate with MSHAHEEN and its representatives to enable them to provide support services to the System as stated in Section 9.2. Without derogating from the generality of the above, the Customer undertakes to respond to MSHAHEEN’s requests as part of the Support Services and to allow MSHAHEEN representatives access to and use of the information stored on any computers, tablets, terminals, or other hardware or equipment used by Customer (or its Authorized Users) to access or interact with the System (the “End Device”). The Customer agrees that MSHAHEEN may use the technical information (not including personal or identifiable information) provided by the Customer within the framework of the Support Services for its business purposes and for improving the System.

9.4. For the avoidance of doubt, the Support Services will be provided to the Customer according to Section ‎9 only when the source of the malfunction is in the System. MSHAHEEN is not obligated to provide Support Services under this Section and, in general, when the source of the malfunction and/or problem arises from a virus in the End Devices and/or any use of the System contrary to MSHAHEEN’s instructions and/or if the malfunction was caused by the Customer (or anyone on their behalf) and/or a malfunction in the servers or cloud where the System is hosted and/or a malfunction arising from software and/or devices connected to and/or interfacing with the System, including the End Device and/or a malfunction in the System caused by a product and/or service of any other entity.

9.5. MSHAHEEN may, at its discretion, perform maintenance work from time to time, as well as changes, improvements, and repairs to the System and the content included therein without prior notice to the Customer. Without derogating from the above, MSHAHEEN may, at its sole discretion and without prior notice to the Customer, change, add or remove from the System components, features, modules, services, interfaces, structure, appearance, and design. It is clarified that certain features and/or services added to the System by MSHAHEEN from time to time may be subject to additional terms, including usage fees as determined by MSHAHEEN. Additionally, MSHAHEEN may, from time to time, release upgrade versions of the System and automatically upgrade the version of the System used by the Customer, and the Customer hereby consents to this.

10. Third-Party Services

10.1. MSHAHEEN may provide and offer Customer the ability to order services and/or products offered by third parties through the System, including accommodation, flights, tour operators, travel suppliers, and other service providers. These services/products are provided by such third parties, and MSHAHEEN bears no responsibility for their content and/or scope and/or quality, and the Customer will have no claims and/or demands against MSHAHEEN (or anyone on its behalf) in connection with such services. Furthermore, MSHAHEEN is not responsible for any such third-party’s action or omission in connection with the offering of any product or service through the System. The Customer’s use of third-party services and any transfer of information or data between Customer and such third party is solely at the Customer’s risk, and the Customer confirms that it is solely responsible for complying with all terms of the service or product offered by such third party through the System. MSHAHEEN does not endorse any service or product provided by a third party through the System.
It is clarified that MSHAHEEN may, at any time, terminate any cooperation and/or service and/or product offered by a third party through the System at its sole discretion, and the Customer waives any claims and/or demands against MSHAHEEN in this regard.

10.2. Customer acknowledges that MSHAHEEN uses third-party services to provide the System and that MSHAHEEN is not responsible for the availability, performance, or security of such services. MSHAHEEN shall not be liable for any loss or damage incurred by the Customer due to issues with these third-party services or resources. Additionally, MSHAHEEN may utilize and include third-party software, components, cookies, and/or libraries subject to open source or third-party license terms (“Third Party Software”). Customer agrees to comply with all relevant terms of such Third Party Software licenses. In case of a conflict between these Terms and any Third Party Software license, the terms of the Third Party Software license shall prevail regarding the Customer’s use of the relevant software. Other than these third-party components, the System shall not be deemed “open source” or “publicly available” software.

11. Backup Restoration

11.1. MSHAHEEN performs regular backs-up to the System and the database stored therein; however, this should not be relied upon exclusively as the sole backup means. Customer undertakes to keep an updated copy of all files, documents, communications, and data it uploads/inputs to the System, including data related to Customer’s clients and contact information with third parties, outside the System. Customer confirms that it will have no claims, lawsuits, or demands against MSHAHEEN (or anyone on its behalf) regarding any loss of such information, files, and data for any reason. In the event of data loss, MSHAHEEN will make its commercially reasonable efforts to assist in recovering the material using the then available backups but will not be responsible for any data loss which it may be unable to recover.

11.2. A prerequisite for restoring from a backup is that the Customer performs frequent backups and ensures that the backup is correct and readable. Customer shall ensure that the backup includes both the data stored in the System and the documents managed through the System. After an event or malfunction (such as a disk crash, computer theft, virus attack, or other events), the data will be restored from the last backup provided by the Customer. Performing the restoration may be subject to a fee to be paid by Customer as determined by MSHAHEEN. Restoration covers data in the System and does not include reinstallation of the System and/or its modules.

11.3. MSHAHEEN is not responsible for any damage or loss resulting from the Customer’s failure to perform backups or store information, documents, and any other content not provided by MSHAHEEN. The Customer will have no claims, demands, or rights to compensation or indemnification against MSHAHEEN (or anyone on its behalf) regarding the loss of data or information for any reason.

11.4. In the event of termination for any reason, the Customer must transfer all their data stored in the System to their own storage to continue storing it appropriately. MSHAHEEN will allow the Customer to transfer their data stored in the System in a backup file, including document and passenger details, but does not undertake to convert the data to any format. Seven (7) business days after the end of the Term, all of the Customer’s content will be deleted from the System, and MSHAHEEN will not be obligated to retain the Customer’s data after the termination of the Term, except as required by law.

12. Limitation of Liability

12.1. Notwithstanding anything to the contrary herein: (a) in no event shall MSHAHEEN be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution, or otherwise, for any loss of profits, loss of business, depletion of goodwill, loss or corruption of data or information, pure economic loss, or for any special, indirect, punitive, incidental, consequential, exemplary, or other similar loss, costs, damages, charges, or expenses, arising out of or in any way related to the use of, misuse, inability to use, or reliance upon, the System and/or otherwise in connection with these Terms; and (b) in no event shall MSHAHEEN’s total aggregate liability, in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising out of or in any way related to the use of, misuse, inability to use, or reliance upon, the System and/or otherwise in connection with these Terms, exceed the total fees paid by the Customer for the use of the System during the three (3)-month period preceding the date on which the claim leading to liability arose.

12.2. MSHAHEEN disclaims any warranties or representations provided or made to the Customer by any third party (as stated in section ‎10). Such warranties and representations are the sole responsibility of such third party.

12.3. The use of the System for managing a computerized accounting system is at the Customer’s sole and full responsibility. However, MSHAHEEN is not responsible for the accuracy of the System and/or any parameters and variables specified in it (including, but not limited to, exchange rates, tax rates, etc.), the results produced by the System, and/or the reports generated through it, in addition to satisfying the applicable tax authority requirements. The Customer bears full responsibility for the information and/or data entered into the System and is solely responsible for verifying the accuracy and correctness of the information and data included in the reports and documents produced by the System. Without derogating from the above, the Customer bears full responsibility for ensuring when using the System by Customer, the System satisfies the applicable Tax Authority requirements relating thereto. Furthermore, MSHAHEEN is not responsible for the results of using the System, including the inability to use it, loss of information, services, or content, and the Customer will have no claims against MSHAHEEN or anyone on its behalf in this regard. Without derogating from the generality of the above, MSHAHEEN is not responsible for any offense or violation of tax laws or other legal provisions by the Customer or anyone on its behalf in connection with the use of the System, including any improper use of the System or any illegal action or omission performed using the System. MSHAHEEN may, from time to time, make changes or updates to the System to adapt it to any update or change in any laws or regulation, and the Customer will have no claims or demands in this regard.

12.4. The above limitations of liability are fundamental conditions of the Subscription and the grant of the License to the Customer hereunder. The Customer’s agreement to the above limitations of liability constitutes a final, irrevocable waiver and release by the Customer of any liability limited as stated above, and of any claim and/or demand and/or lawsuit against MSHAHEEN, its shareholders, officers, employees, and representatives.

13. Disclaimers

13.1. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED UNDER THESE TERMS, THE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. ALL EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES IN CONNECTION WITH THE SYSTEM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES REGARDING SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MSHAHEEN (OR ANYONE ON ITS BEHALF) IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY, IF NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS.

13.2. Except as expressly and specifically provided in these Terms, the Customer assumes the sole responsibility for results obtained from the use of the System and for conclusions drawn from such use. MSHAHEEN shall have no liability for any damage caused by errors or omissions in any information, instructions, or scripts provided to MSHAHEEN by the Customer in connection with the System (including, without limitation, any data), or any actions taken by MSHAHEEN at the Customer’s direction.

13.3. Notwithstanding anything to the contrary herein, MSHAHEEN will not be held liable for any delay or failure in performance or non-availability of the System resulting, directly or indirectly, from acts of nature, forces, events, omissions, accidents, or causes beyond its reasonable control, including, but not limited to, electrical power failures, strikes, lockouts, or other industrial disputes, labor disputes, acts of God, pandemics, or wars.

13.4. This Section 13 shall survive any termination or expiration of these Terms.

14. Use of Payment Processing Services

14.1. The System enables the Customer to connect with payment processing services for processing credit card payments through a payment processing company that the Customer contracts with directly (the “Payment Processing Company”). The Customer acknowledges that such engagement is solely between the Customer and the Payment Processing Company, without MSHAHEEN’s involvement. Consequently, MSHAHEEN is not responsible for any actions or omissions by the Payment Processing Company or the Customer regarding the Payment Processing Company, including any services provided by the Payment Processing Company.

15. Governing Law & Jurisdiction

15.1. These Terms shall be governed by the laws of the United Arab Emirates, without regard to its conflict or choice of laws principles. The Parties agree that any and all disputes concerning these Terms shall be brought in the federal and state courts of the emirate of Dubai having jurisdiction thereof and irrevocably waive any and all objections and defences they might otherwise raise in any such court proceeding, including any claims that the court lacks personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defence.

15.2. The parties specifically disclaim the applicability of the 1980 UN Convention on Contracts for the International Sale of Goods.

16. Miscellaneous

16.1. These Terms and the Subscription Form constitute the entire agreement between the parties regarding the subject matter hereof and supersede any previous arrangement, understanding, or agreement between the parties, written or oral, relating to the subject matter hereof.

16.2. No modification to these Terms, nor any waiver of any rights, will be effective unless agreed to in writing and signed by MSHAHEEN and the Customer.

16.3. Neither party’s waiver of any breach or default of any provision of these Terms shall constitute a waiver of other provisions or any other right hereunder, or a waiver of any subsequent breach or default.

16.4. Unless expressly provided otherwise herein, any rights arising under these Terms are cumulative and do not exclude rights available by law.

16.5. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions (or the remainder of the provision) hereof shall remain in full force and effect.

16.6. These Terms do not confer any rights on any third person or party.

16.7. At any time during or following the Subscription Term, MSHAHEEN may use the Customer’s name and logo to identify the Customer as a customer of MSHAHEEN or user of the System, on MSHAHEEN’s website, marketing materials, or any other medium.

16.8. The parties expressly agree that they are independent contractors hereunder. Nothing in these Terms is intended to or shall be interpreted to create a partnership, employment, or a joint venture between the parties or authorize either party to act as agent for the other.

16.9. Customer shall not assign, transfer, or sub-contract any of its rights or obligations hereunder without the prior written consent of MSHAHEEN, and any unauthorized assignment shall be null and void. MSHAHEEN may, at any time, assign, transfer, or sub-contract any of its rights or obligations under these Terms. In the event of any assignment by the Customer, the liability shall be jointly and severally borne by both the Customer and the assignee(s).

16.10. Any notice required or permitted hereunder must be given in writing to the address of each party as specified in the Subscription Form, or to such other address as a party may notify the other party by written notice as specified in this Section 16.10, by one of the following methods: hand delivery; registered, express, or certified mail (return receipt requested), postage prepaid; or nationally-recognized private express courier. Notices will be deemed given within 5 business days from the delivery date if sent by mail, or within 1 day from the delivery date if sent by a courier or delivered by hand.

17. Effective Date

This Terms of Service was last updated on March 15 2025. It becomes effective from the date of publication on the Website and the Platform.