General Terms and Conditions of Use of the ARK47 Platform

Preamble

Welcome to the ARK47 Platform. These Terms and Conditions (the "Terms") are the contract that governs your relationship with the company that owns and operates the Platform (the "Company", whose full legal particulars are set out in Article (34) of these Terms), and governs your access to the Platform and the services it provides, your use of it, your configuration of your Applications on it, and the publishing and hosting of those Applications through it. By using the Platform, by creating an account on it, or by accepting these Terms electronically, you enter into a binding contract with the Company as set out in these Terms.

Please read these Terms with complete care before accepting them, and pay particular attention to the Basic Acknowledgement set out below; to Article (2), which sets out the nature of the relationship between us; to Article (4), which sets out the status of the Platform in its current Beta Phase; to Article (7) concerning intellectual property; to Article (8) concerning your data, its backup and its export; to Article (12) concerning hosting and publishing; to Article (19) concerning exit and data retrieval; to Articles (21) and (23) concerning the limits of warranty and the limitation of liability; to Article (31) concerning the governing law and dispute resolution; and to the Acceptable Use Policy set out in Annex (A). These provisions define the scope of each party's obligations and allocate the risks between the parties in an allocation that was taken into account when the Fees were determined, and the Fees would not be what they are without it.

If you do not agree to all of these Terms, do not create an account and do not use the Platform.

Basic Acknowledgement — What You Get, and What You Do Not Get

You get — during your Subscription Term, and provided that you comply with these Terms and pay the Fees — the right to access and use the ARK47 Platform to configure, operate and publish your Applications on the Platform alone, and the right to export your data at any time during the Subscription Term and during the Retrieval Window after its expiry, in the formats and within the scope set out in Annex (C).

You do not get — at any time and in any capacity — the source code or the executable code of any Application or of any part of the Platform, nor the infrastructure or deployment files, nor the models, templates, components or technical structures that the Platform creates, nor any technical component of the Platform, whether during the Subscription Term or upon its expiry or termination for any reason whatsoever. Nor do the Services — or their Fees — include any deposit of code with any escrow agent, any right to host the Application outside the Platform or to transfer it to such hosting, or any right to view or inspect the structure of the Platform.

Upon the expiry or termination of your subscription for any reason, your Applications cease to operate, your right is limited to retrieving your data during the Retrieval Window set out in Article (19), and your data is then permanently deleted.

The Platform is in its current Beta Phase, as set out in Article (4); it may contain errors, its features may change, it may cease to operate, and it is not yet intended for operations whose interruption your business cannot tolerate.

By accepting these Terms you acknowledge that you have read and understood this Basic Acknowledgement, that you have contracted on this basis, and that the Fees for the Services were determined on the basis of it.

Article (1) — Definitions and Rules of Interpretation

The following words and expressions shall have — wherever they appear in these Terms and their Annexes — the meanings set out against each of them, unless the context requires otherwise.

The Company: APEX Operations Company, a single-person limited liability company incorporated and registered in the Kingdom of Saudi Arabia, the owner and operator of the ARK47 Platform, whose commercial registration details, tax registration details, address and contact channels are set out in Article (34) of these Terms, and which is also referred to in these Terms in the first person plural ("we", "us" and "our").

The Customer: The person who creates an account on the Platform, accepts these Terms or uses the Platform, whether a natural person contracting for the purposes of its activity or profession, or a legal person contracting through its representative, and which is also referred to in these Terms in the second person ("you", "your" and "yours").

The Platform: The ARK47 platform available through the domain ark47.ai and the subdomains, applications and application programming interfaces associated with it, including the Studio, the hosting, operating and publishing environments, the automated generation tools, the AI Agents, and all other tools, features and services that the Company makes available through it from time to time.

The Services: Making the Platform available for access and use in accordance with the subscribed Plan, together with the related hosting, publishing and operation of the Applications and technical support, in accordance with the Published Technical Documentation and these Terms.

The Studio: The interface of the Platform that the Customer uses to enter its Inputs and to configure, review, modify and publish its Applications by itself.

The Application: The data structures, interfaces, business logic, AI Agents and settings that the Customer configures using the Platform's tools — including the automated generation tools — all of which are hosted, operated and published exclusively on the Platform, and it includes every subsequent update or modification to it. The term "Application" includes the plural "Applications" according to the context.

The Published Application: The Application after the Customer makes it available — through the Platform — to its End Users or to the public, whether on a subdomain provided by the Company or on a domain belonging to the Customer.

The Workspace: The environment dedicated to the Customer within the Platform, which contains its Applications, its data, its Authorised Users and its settings.

Customer Data: The data, information, files and records that the Customer, its Authorised Users or its End Users enter into the Workspace or into the Applications, or that are collected therein through the use of the Published Applications, including the personal data contained therein, and it includes the texts that the Customer itself writes in the Studio (such as the instructions to the AI Agents, text templates and custom field names). Customer Data does not include Company Materials, nor the generated code or technical structures, nor the usage, metering and operational data that the Platform produces; excepted from this exclusion are the acceptance records, which shall be made available to the Customer and exported in accordance with Annex (C).

Inputs: The descriptions, directions, texts and materials that the Customer enters into the Platform through the Studio or otherwise for the purpose of configuring or operating the Applications or directing the AI Agents.

Instructions: Where this term appears in Annex (B) and in Article (14), it means the instructions of the Controller to the Processor within the meaning established in the Personal Data Protection Law and its regulations. Where it appears elsewhere in these Terms, it bears its ordinary linguistic meaning according to the context. The appearance of this term in any place shall not be taken to mean that the Company has been engaged to perform a work for the Customer's account or that it is under an obligation of result.

Outputs: What the Platform's tools and the artificial intelligence systems within it produce in response to the Inputs, whether texts, suggestions, configurations, responses or actions, and it includes — for the purposes of Articles (9) and (21) and Clause 24.2 — the code, technical structures and components produced by the automated generation tools. Describing something as an Output does not create any right of the Customer in it, as the generated code, technical structures and components remain Company Materials in accordance with Clause 7.2.

The AI Agent: Any function or component in the Platform that relies on artificial intelligence technologies to perform tasks, create content, take actions or communicate with third parties on behalf of the Customer within the limits of the permissions configured by the Customer. The use of the term "agent" in these Terms does not create any legal agency between the Company and the Customer.

Company Materials: The Platform with all its components, the source code and executable code of the Platform and of the Applications, the models, templates and ready-made components, the algorithms, the working methods, the integration and interoperability layers, the technical structure and architecture, the infrastructure and deployment files, the documentation, the trademarks, every improvement, development or derivative work thereof, and all technical structures that the Platform or the Company creates for operating the Applications, regardless of whether they were created in response to the Customer's Inputs.

The Published Technical Documentation: The functional description of the Platform, its features and its technical limits, as published by the Company on its website or within the Platform, in the version in force at the start of the current Subscription Term, and its amendment is subject to Clause 27.7.

Experimental Features: The features, tools, models or integrations that are labelled within the Platform or in the Published Technical Documentation as experimental, preliminary, preview or the like, and which are subject to Clause 6.3.

The Controller and the Processor: These have the meanings established in the Personal Data Protection Law and its regulations; the Customer is the Controller of the personal data contained in Customer Data, and the Company is the Processor of such data on its behalf, as set out in Article (14) and Annex (B).

Authorised User: Any natural person whom the Customer authorises — under its own responsibility — to access its Workspace or the Studio or to manage its Applications.

End User: Any person who uses a Published Application of the Customer, whether from among its employees, its clients or others, without being an Authorised User of the Workspace.

The Plan: The package of Services subscribed to, as specified in the published Price List, including the recurring Fees, usage limits, Credits and features that it comprises.

The Price List: The page of prices, Plans and Credits published on the Platform's website or within the Platform, in the version in force at the time of subscription, renewal or purchase.

Credits: The units of consumption by which the consumption-based Services on the Platform are measured, whether included in the Plan, separately purchased or granted free of charge.

Free Services: Any Plan, Credits or features that the Company makes available without charge or for trial purposes, including the initial free balance.

The Fees: The amounts due to the Company in consideration for the Services in accordance with the subscribed Plan and the Price List, including the recurring Fees, the fees for Credits and the fees for additional services.

The Subscription Term: The initial billing period of the subscription and each subsequent renewal period.

The Beta Phase: The current phase of the Platform's operation, set out in Article (4), which continues until the Company announces General Availability of the Platform or of any part of it.

The Retrieval Window: The period set out in Article (19) during which the Customer is enabled — after the expiry or termination of the subscription — to export its data.

Model Providers: The third parties on whose artificial intelligence models or cognitive services the Platform relies, as identified in the Sub-processor List.

Sub-processors: The third-party service providers whom the Company engages in providing the Services, including infrastructure and hosting providers, Model Providers, communication channel providers and payment service providers, as identified in the list the Company maintains for that purpose (the "Sub-processor List"). The list states, for each processor: its legal name, the purpose for which it is engaged, its location, and the country in which the data is processed by it. The Company does not publish the list; it shall provide it to the Customer in writing within five (5) Business Days of its request. The list, in the version in force on the date of the Customer’s acceptance of these Terms, is deemed an integral part of Annex (B) for the purpose of the identification of sub-processors required by law.

The Privacy Policy: The privacy policy published on the Platform's website, in its version in force.

The Order Form: Any document or electronic order page that specifies the selected Plan, the Fees, the Subscription Term and any special terms, whether signed or accepted electronically, if any; the existence of an Order Form is not required for the formation of this contract.

Business Day: Any day from Sunday to Thursday other than the official public holidays in the Kingdom of Saudi Arabia. "Day", wherever it appears without qualification, means a calendar day.

Fraud: Intentional deception or an act deliberately intended to cause harm. Gross Negligence: A serious failure to exercise the minimum degree of care, of a kind that would not be committed by a person in the position and circumstances of the defaulting party, as assessed by the competent court.

Applicable Laws: The laws, regulations and decisions in force in the Kingdom of Saudi Arabia, including — by way of example and not limitation — the Civil Transactions Law issued by Royal Decree No. (M/191) dated 29/11/1444H, the Personal Data Protection Law issued by Royal Decree No. (M/19) dated 9/2/1443H and its Implementing Regulations, the E-Commerce Law issued by Royal Decree No. (M/126) dated 7/11/1440H and its Implementing Regulation, the Electronic Transactions Law issued by Royal Decree No. (M/18) dated 8/3/1428H, the Anti-Cyber Crime Law issued by Royal Decree No. (M/17) dated 8/3/1428H, and the zakat, tax and customs laws.

Rules of Interpretation: A reference to an "Article" or an "Annex" is a reference to the Articles of these Terms and their Annexes, and a reference to a "Clause" is a reference to a numbered paragraph within an Article or an Annex. Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa according to the context. The expression "including" or "among which" means by way of example and not limitation. A reference to a law or regulation includes whatever replaces or amends it. Where an amount in US dollars "or its equivalent" appears in these Terms, this means its equivalent in Saudi riyals calculated at the exchange rate published by the Saudi Central Bank on the date of the event giving rise to the claim, and, in respect of amounts due, on the due date.

Article (2) — Nature of the Relationship and Subject Matter of the Contract

2.1 The subject matter of the contract is access, not delivery. The subject matter of this contract is the grant to the Customer of a temporary, non-exclusive and non-transferable right to access and use an existing, publicly available, multi-tenant platform during the Subscription Term. The subject matter of the contract does not include making a thing or performing a particular work for the Customer's account, nor the delivery to it of any software, product or work (copyright work), nor an obligation as to a particular result in any Application configured by the Customer.

2.2 The Customer is the one who configures, and the Platform is a tool. The Customer — by itself, and through the Studio and the Platform's tools — enters its Inputs, reviews and confirms what the Platform suggests, and configures, modifies and publishes its Applications. The automated generation tools in the Platform are tools that the Customer operates with its Inputs, under its supervision and with its confirmation, in the same way as any software tool, and the Company shall not be deemed — merely by providing those tools, or by reason of the suggestions, plans or summaries that the Platform displays before execution — to be performing a work at the Customer's request, nor to be its agent, nor its subordinate. Any summary or outline that the Platform displays to the Customer of what its tools will create, before the Customer confirms proceeding, is a means of enabling the Customer to control its tools, and is neither agreed specifications nor an offer to perform a work.

2.3 No specifications, no delivery and no acceptance. The parties acknowledge that under this contract there are no agreed specifications, no scope of work, no obligation to deliver, no delivery date, and no acceptance procedures or acceptance criteria. Nothing is delivered to the Customer; rather, a right of access is granted. Any description in marketing materials of the speed of configuration, of the capabilities of the Platform or of what its tools can produce is a description of a typical experience and does not constitute an obligation as to any result, date or feature.

2.4 The Fees are in consideration for availability. The Plan Fees are in consideration for making the Platform available to the Customer during the Subscription Term, and are due whether or not the Customer creates an Application, and whether or not it publishes it, uses it or derives any benefit from it. The Credit fees are in consideration for the consumption of the Platform's resources when its tools are used, and are due upon consumption regardless of the Customer's satisfaction with the Outputs. The Fees are not linked to the completion of any particular work or to any particular Outputs.

2.5 The Company's obligation is an obligation of means (best-efforts obligation). The Company's obligation under this contract is — in its essence, and save for the specific obligations expressly provided for in Clause 20.2, Clauses 8.2, 8.3 and 11.3 and Clause C-5 — an obligation of means (best-efforts obligation) to exercise reasonable professional care in making the Platform available and operating it in accordance with the Published Technical Documentation and in a manner commensurate with its current phase, and is not an obligation of result as to any particular result in any Application configured by the Customer, nor as to the Platform being free of errors, nor as to its continued availability without interruption. Those specific obligations — which are obligations relating to the operation of the Platform and not to making a thing or performing a work for the Customer's account — do not alter the nature of the relationship set out in this Article.

2.6 Ancillary services. Any assistance with configuration, training, technical support, guidance or answers to enquiries that the Company may provide — whether free of charge or for a fee — is an ancillary service attached to the subscription, performed by way of an obligation of means, and does not alter the nature of the relationship set out in this Article, nor does it create for the Customer any right to a particular level of support except as the Price List expressly sets out. Any custom software development performed by the Company at the Customer's request — if any — shall be only under a separate written agreement that specifies its scope, fees and terms, which shall state that it is a separate, self-standing contract that is not merged into these Terms and does not alter the nature of the relationship set out in this Article, and the existence of any such agreement shall not be inferred from these Terms alone. No agreement of this kind may grant the Customer any right in the source code or executable code, in the infrastructure or deployment files, or in any component of Company Materials, nor any right to host any resulting product outside the Platform, unless this is expressly and specifically provided for in that agreement, with reference to this Clause and under the signature of an authorised representative of the Company; and any provision to the contrary shall be deemed void and of no effect.

2.7 Dependence of the Applications on the continuation of the subscription. The Customer acknowledges that the operation and publishing of its Applications is dependent on its subscription remaining in force and on payment of its Fees; that it is in the nature of the Services — and not by way of penalty — that the Applications cease to operate and to be published upon the expiry, termination or suspension of the subscription; and that it chose to contract on this basis after having been given the opportunity to evaluate the alternatives available in the market before contracting.

2.8 No employment relationship and no partnership. These Terms do not create any partnership, joint venture, employment relationship, agency or franchise between the parties, and neither party has the power to bind the other party towards third parties.

2.9 The Application is configured by the Customer and is its sole responsibility. The Customer acknowledges that the Application it configures — with its design, business logic, rules, calculations, data, interfaces, settings, permissions, security controls and the integrations it connects to it — is of its own configuration, and that the Company does not review it, approve it or verify its correctness, suitability or compliance. The Customer alone bears responsibility for every error, defect, deficiency or undesired result in the Application or in its results that is attributable to one of the following causes, exclusively: the Customer's Inputs; its configuration of the Application or of its permissions or its security controls; the Outputs of the automated generation tools or the AI Agents that it confirmed, published or did not review in accordance with Article (9); its integrations with other systems in accordance with Clause 12.12; or its use of the Application in a manner unsuited to its nature or to the phase of the Platform disclosed in Article (4). Whatever is attributable to these causes shall not be deemed a breach by the Company or a defect in the Services, and shall not create for the Customer any right to compensation, refund or reduction of the Fees. The Company's obligation is limited to making the Platform available and operating it in accordance with Clause 20.2, and does not in any case extend to the correctness of the Application or its results, or to its suitability for the Customer's business or for the requirements of the laws applicable to it. This Clause is without prejudice to the Company's obligations provided for in Clause 20.2, Clauses 8.2, 8.3 and 11.3, Clause C-5 and Annex (B), and does not apply to whatever is attributable to the Company's Fraud or Gross Negligence, nor to whatever Applicable Laws do not permit to be excluded in accordance with Article (30).

Article (3) — Eligibility, Registration and Account

3.1 Eligibility. An account may be created, and the Platform used, only by a person who has completed eighteen years of age and enjoys full legal capacity to enter into contracts, or by a legal person acting through an authorised representative. By using the Platform you acknowledge that you satisfy this condition.

3.2 Contracting for business purposes. The Services are provided to those who contract for purposes connected with their activity, business, profession or enterprise, whether an existing establishment, a start-up, a professional, or a person configuring an Application for an activity that it carries on or intends to carry on. The Customer acknowledges that it is contracting for these purposes. The provision of a commercial registration is not required for creating the account or subscribing; however, the Company may — at any time and at its discretion — request the Customer to provide a commercial registration, a professional licence, proof of its identity or of the capacity of its representative, or any other documents it considers necessary to verify its identity, its eligibility or the nature of its use, or to fulfil its legal obligations, or to issue tax invoices, and may suspend the activation or continuation of the account or of any feature in it until what it has requested has been provided and verified. This Clause is not intended to exclude any mandatory provision of the E-Commerce Law and its Implementing Regulation; those provisions shall apply to the extent that they apply to the relationship, and shall prevail over any provision of these Terms that conflicts with them.

3.3 Registration details. The Customer shall, upon registration, provide correct, complete and up-to-date details, including its name and its e-mail address and, where it subscribes to a paid Plan, its legal name or the name of its establishment, its billing details and its address, and its tax registration number if it is registered, and shall update these details as soon as they change. The Company may rely on the details provided as being correct, and shall not be liable for any consequence arising from their being incorrect or not updated.

3.4 Signing in with third-party accounts. Where the Customer creates its account or signs in to it using an account with a third party (such as the sign-in services provided by e-mail or digital identity providers), the Customer is responsible for that account and its security, its relationship with the provider is governed by the provider's terms, and the Company shall not be liable for the failure or suspension of the provider's service or for any unauthorised access resulting from the compromise of the Customer's account with the provider.

3.5 Authority of the representative. If a person accepts these Terms on behalf of an establishment or a legal person, that person acknowledges being validly authorised to bind that entity to them, and shall be liable to compensate the Company for the direct damage resulting from that person's assertion of authority if the contrary is proved, and the entity that benefited from the Services shall remain liable for the Fees for actual use.

3.6 Immediate commencement of the Service and its effect on the right of withdrawal. The Customer acknowledges that the Services commence immediately upon activation of the account, and that the following constitute making use of the Service and obtaining a benefit from it: creating, configuring or publishing an Application; consuming paid Credits or Credits included in a paid Plan; uploading actual data of its business; or sending any message or making any communication through the Platform. Merely signing in, browsing the interfaces or uploading test data does not constitute making use of the Service. The use of Free Services before a paid subscription does not constitute making use of the Service for the purposes of this Clause in respect of that subscription; only the use subsequent to the date of payment shall be taken into account in that regard. Accordingly, the right to rescind the contract established under Article (13) of the E-Commerce Law — where applicable — exists during the seven days following the date of contracting for the provision of the Service and, in respect of separately purchased Credits, during the seven days following the date of their purchase, provided that the Customer has not made use of the Service and has not obtained a benefit from it as set out above. In all cases, the Company shall refund to the Customer the full amount it has paid if it requests cancellation in writing within seven (7) days of the date of contracting, the date of activation or the date of payment — whichever is more favourable to the Customer — without having made use of the Service, and shall refund to it the value of the purchased Credits that have not been consumed if it so requests within seven (7) days of the date of their purchase. Where the subscription renews automatically, the Customer shall be deemed, for the application of this Clause, to have made use of the Service during the preceding period unless the contrary is proved, without prejudice to any mandatory provision and in accordance with Clauses 3.2 and 30.4.

3.7 Customers subject to special regulation. The Customer represents and warrants that it is not a government entity, nor an owner, operator or host of critical national infrastructure, nor a financial institution subject to the supervision of the Saudi Central Bank or the Capital Market Authority, nor a healthcare establishment that processes patient data in its Applications, unless it has disclosed this in writing before contracting and the Company has agreed in writing to provide the Services under special written terms that take account of the applicable regulatory requirements. The Customer shall notify the Company in writing within ten (10) Business Days of any change in its status in this respect. The Company may then — as soon as it becomes aware of the change in the Customer's status — restrict or stop the features or types of processing whose continuation would subject the Company to regulatory requirements that it does not satisfy, to the narrowest extent possible and upon notice to the Customer; and may terminate the subscription on thirty (30) days' notice if special written terms cannot be agreed within thirty (30) days of the notification, with a refund of the recurring Fees paid in advance for the unused period and of the value of the purchased Credits that have not been consumed, and with the Retrieval Window made available in full. The Company shall terminate the subscription immediately where the law so requires.

3.8 Multiple accounts. An account may not be created in the name of another person or under a false identity, nor may multiple accounts be created to circumvent the Plan limits, the free balances, or a decision to suspend or terminate an account. This Clause does not prevent the Customer from creating more than one Workspace or more than one account for legitimate purposes connected with its business, subject to Clause 6.5.

3.9 Security. The Customer bears responsibility for all activities carried out through its account and its Workspace, whether carried out by it, by its Authorised Users or by any person who accessed them using its users' credentials, unless it is proved that the access resulted from the Company's breach of its security obligations. The Customer shall keep the credentials confidential, enable the multi-factor authentication methods that the Platform makes available, and notify the Company immediately at the e-mail address set out in Article (34) upon suspicion of any unauthorised access.

3.10 Management of permissions is the Customer's responsibility. The Customer alone determines the Authorised Users and their roles and permissions, including which of them holds the permission to carry out data-affecting operations in accordance with Article (11), to elevate the permission level of the AI Agents in accordance with Article (10), or to publish the Applications in accordance with Article (12). The Company treats any instructions issued by an Authorised User within its permissions as instructions issued by the Customer. The Customer shall inform its Authorised Users of the provisions of these Terms and of Annex (A) that are relevant to them, and shall ensure their compliance with them.

3.11 Territorial scope of the offering. The Services are offered to Customers established in the Kingdom of Saudi Arabia and in the other States of the Cooperation Council for the Arab States of the Gulf. The Company does not direct the Services to, and does not market them in, the European Economic Area or the United Kingdom. The Customer warrants that it will not use the Platform to process personal data of data subjects located in the European Economic Area or the United Kingdom, and that it will not offer its Published Applications to such data subjects; the Company may suspend or terminate in accordance with Articles (17) and (18) where it establishes the contrary. Acceptance of a Customer established elsewhere requires the Company's prior written agreement, and does not extend to the two territories named in this Clause.

Article (4) — The Beta Phase

4.1 Disclosure. The Company discloses that the Platform is in a beta phase, in which it has been made available to Customers before the completion of its development and the stabilisation of all its features, for the purpose of enabling them to benefit from it at an early stage and of enabling the Company to improve it on the basis of actual use. The Customer acknowledges that it is aware of this, that it chose to subscribe during this phase with knowledge of its nature, and that the Fees during this phase were determined on that basis.

4.2 What the Customer acknowledges. The Customer acknowledges that, during the Beta Phase: the Platform, any of its tools or the Customer's Applications may contain errors, defects or unexpected behaviour; the features, interfaces and technical limits of the Platform, the automated generation tools and the artificial intelligence models used in it may change, and features may be added, modified or discontinued — without prior notice where technical necessity so requires — and this may affect existing Applications; the Platform or the Published Applications may be subject to interruption, stoppage or slowness, for periods that may be prolonged, and access to them or to the data may be temporarily impossible; data may be lost or corrupted in cases in which the Company has not breached its obligations; and that the Platform in this phase is neither intended nor suitable for operations whose interruption the Customer's business cannot tolerate, or whose interruption, or an error in which, would result in serious harm that cannot be remedied.

4.3 The Customer's obligations during the Beta Phase. The Customer shall use the Platform during this phase in a manner commensurate with its nature; shall test its Applications sufficiently before relying on them; shall keep independent copies of its data, exported by itself, at a frequency commensurate with the importance of its business; shall maintain alternative means of running its essential operations; and shall report to the Company the errors or vulnerabilities it discovers, at the e-mail address set out in Article (34).

4.4 The Company's obligations during the Beta Phase. The Company shall, during the Beta Phase, exercise reasonable care in operating the Platform and in protecting Customer Data in accordance with Annex (B); shall use reasonable endeavours to notify the Customer — through the Platform or its registered e-mail address — of the changes that are expected to have a material effect on existing Applications, a reasonable period before their implementation where this is practically possible; and shall make the export of Customer Data available in accordance with Clause 8.2, Article (19) and Annex (C). The Company shall not be bound during this phase by any availability percentage, nor by any deadline for the correction of errors, nor by the continued availability of any particular feature, model or integration.

4.5 Effect of the Beta Phase on the other provisions. The provisions of this Article shall apply notwithstanding any other provision of these Terms that conflicts with them, and only to the extent necessary to remove that conflict, and the warranties in Article (20), the availability obligations in Article (22) and the notice periods in Article (27) shall be read in the light of them during the Beta Phase. This Article is without prejudice to Clauses 4.8, 8.2, 16.9, 16.10 and 22.7, to Article (19) and to Annexes (B) and (C), which shall remain in full force during the Beta Phase. The Company may not, during the Beta Phase, narrow the scope of the export set out in Annex (C), even if this is done through amendment of the Published Technical Documentation. The effect of this Article does not extend to exemption from liability for Fraud or Gross Negligence, nor to that from which Applicable Laws do not permit exemption, nor to the Company's obligation to make the export of Customer Data available.

4.6 End of the Beta Phase. The Company shall announce General Availability of the Platform or of any part of it by a notice published on its website or within the Platform or sent to Customers. From the date of the announcement, the provisions of these Terms shall apply to the part whose availability has been announced without the restrictions specific to the Beta Phase, while any feature labelled as experimental or preliminary remains subject to Clause 6.3. The Company may announce General Availability in stages and for some parts and not others, subject to Clause 4.9.

4.7 Fees during the Beta Phase. The fact that the Platform is in a beta phase shall not be deemed a ground for exemption from the Fees or for their refund, save as these Terms expressly provide, since the Fees are in consideration for actual availability in its disclosed state.

4.8 Exit upon prolonged interruption during the Beta Phase. If it is impossible for the Customer — wholly impossible — to access its Workspace and to operate its Published Applications, for a period exceeding seven (7) consecutive days during the Beta Phase, for a cause attributable to the Company that does not fall within the exceptions set out in Clause 22.5, the Customer may terminate its subscription by written notice within thirty (30) days of the end of the interruption, and the Company shall refund the recurring Fees paid in advance for the unused period and the value of the purchased Credits that have not been consumed, and the Retrieval Window shall be made available to the Customer in full. This shall be — together with the limits established by Article (23) — the Customer's sole remedy for that interruption. The provisions of this Clause are without prejudice to what Clause 22.4 establishes after the restrictions specific to the Beta Phase have expired in respect of the Customer.

4.9 Time limit of the Beta Phase. The restrictions specific to the Beta Phase established in this Article and in Clause 22.1 shall expire, in respect of each Customer, upon the lapse of twelve (12) months from the start date of its first paid subscription, or upon the announcement of General Availability, whichever is earlier, even if the Company has not announced General Availability. From that date, the provisions of these Terms shall apply to it without the restrictions specific to the Beta Phase, while any feature labelled as experimental or preliminary remains subject to Clause 6.3. This period may not be extended in respect of an existing Customer except with its electronic acceptance in accordance with Article (5).

Article (5) — Formation of the Contract and Order of Precedence of Documents

5.1 Electronic acceptance. This contract is formed and takes effect upon the first to occur of: the Customer ticking the acceptance box dedicated to these Terms upon registration or subscription; the signing of an Order Form that refers to them; or the continuation of access to or use of the Platform after an acceptance documented by one of the two preceding methods. The parties acknowledge that electronic acceptance produces its legal effects in full in accordance with the Electronic Transactions Law, and that the Company's electronic records are deemed evidence of the acceptance and of the version accepted unless the contrary is proved.

5.2 Documentation of acceptance. The Company shall keep — throughout the Subscription Term and throughout the limitation period for bringing claims prescribed by law after its expiry — a record of each acceptance, containing the identity of the account and of the user who made the acceptance, the date and time of the acceptance, the Internet Protocol address, and the version number of the Terms accepted.

5.3 One acceptance, covering the whole. Acceptance under Clause 5.1 covers these Terms and their Annexes in full, including the Basic Acknowledgement, Article (4) (The Beta Phase), Article (23) (Limitation of Liability) and Article (31) (Governing Law and Dispute Resolution). The Company draws the Customer's particular attention to those provisions in the Preamble and displays these Terms to the Customer before acceptance. No separate acknowledgement is required, and the absence of one shall not be raised against either party.

5.4 Order of precedence of documents. The agreement between the parties consists of the following documents, and in the event of conflict they shall apply in the following order: first, the Order Form — if any — as to the special terms it expressly provides for; second, Annex (B) as regards the processing of personal data; third, these Terms; fourth, Annex (A) and Annex (C); fifth, the Price List; and sixth, the Published Technical Documentation. The Order Form may not grant the Customer any right in the source code, in any component of Company Materials or in hosting the Application outside the Platform, and any provision to the contrary shall be deemed void and of no effect unless it is signed by an authorised representative of the Company with express reference to this Clause.

5.5 The Customer's terms. No terms or conditions submitted by the Customer — in purchase orders, in its correspondence or otherwise — shall apply, even if the Company has not expressly objected to them.

5.6 Special terms for Platform products. Certain products or services of the Platform (such as the customer relationship management system) may be subject to additional special terms that are displayed to the Customer upon subscribing to them; those terms shall be read together with these Terms as part of them, and shall prevail over them as regards the product concerned, within the limits set out in Clause 5.7.

5.7 Upper limit on all documents. None of the documents referred to in Clause 5.4, nor the special terms for Platform products referred to in Clause 5.6, nor any subsequent correspondence or addendum, may grant the Customer any right in the source code or executable code, in the infrastructure or deployment files or in any component of Company Materials, nor any right to the deposit of the code in escrow, nor any right to host the Application or transfer it outside the Platform. Any provision to the contrary shall be deemed void and of no effect unless it is signed by an authorised representative of the Company with express reference to this Clause. The special terms for Platform products are placed, in the order of precedence of documents, in the rank immediately following these Terms, and prevail over them only as regards the description of the product concerned, its fees and its technical limits.

Article (6) — Licence and Restrictions

6.1 Licence. The Company grants the Customer — during the Subscription Term and subject to compliance with these Terms and payment of the Fees — a non-exclusive, non-transferable, non-assignable, non-sublicensable licence, revocable in accordance with these Terms, to access and use the Platform, and to use its Applications exclusively through the Platform, for the purposes of its activity and business and for serving its End Users in accordance with the Published Technical Documentation. This licence does not grant the Customer any right in the Platform or in the Applications outside the Platform, nor any right that may be exercised after the expiry of the subscription.

6.2 Restrictions. The Customer may not — and may not permit any third party, any Authorised User or any End User — directly or indirectly, to do any of the following: copy any part of Company Materials, modify it, translate it or prepare derivative works from it, other than the configuration of Applications through its tools that the Platform expressly makes available; carry out reverse engineering, decompilation or disassembly, or attempt to derive the source code, structure, algorithms, models or internal system prompts of the Platform or of any Application, or attempt to access them by any means, even by interrogating the AI Agents or the automated generation tools or by examining the Published Applications; attempt to extract the Application or any part of it from the Platform, recreate it outside the Platform in reliance on Company Materials, or transfer it to another hosting environment; sell, rent or redistribute the Services or make them available to third parties on a commercial basis as a standalone product or as a hosting or development service, other than the use of the Published Applications in serving its End Users within its activity, and other than what Clause 6.5 permits; use the Platform or the Outputs to build a competing product or service or to train artificial intelligence models, or publish benchmark comparisons that are misleading or not objective, or that were conducted otherwise than on the basis of the Published Technical Documentation or on a version that is not in force; exceed the technical limits of the Plan, or circumvent the metering, restriction, security or protection means, the confirmation gates or the filters; use automated tools to extract data from, or to crawl, the Platform or the Published Applications of other Customers outside the officially available application programming interfaces; remove, alter or conceal any proprietary rights notice; or any use in breach of Annex (A) or of Applicable Laws. This Clause does not prevent the Customer from creating for its activity — by itself or through third parties — an alternative system in reliance on its data exported in accordance with Annex (C) and on its knowledge of its business, provided that it does not use in doing so any component of Company Materials or any confidential information of the Company.

6.3 Experimental and Preliminary Features. In addition to the Beta Phase of the Platform as a whole, the Company may at any time make available features or tools labelled as experimental, preliminary or preview. These features are provided for the purpose of evaluation without warranty of any kind, and are excluded from the warranties of Article (20), from the Company's indemnification obligation set out in Clause 24.2 and from any service level, and the Company may modify, restrict or discontinue them at any time without notice and without liability.

6.4 Reservation of rights. The Company reserves all rights not expressly granted in this Article, and no implied licence shall be inferred from any provision of these Terms or from any conduct.

6.5 Use for the account of third parties. The Customer may not use the Platform to configure or operate Applications for the account of third parties except under a partner programme that the Company approves in writing and whose terms it publishes, or by the third party being the holder of the account and the Workspace and the Customer being added to it as an Authorised User. The approved partner shall be the sole contracting party with the Company and the party responsible towards it for the compliance with these Terms and with Annexes (A) and (B) of all those for whom it configures Applications, and for its being a sub-processor or a Controller, as the case may be, unless the partner programme provides otherwise. Neither the partner programme nor any arrangement under this Clause grants any right in the code, in any component of Company Materials or in hosting any Application outside the Platform.

Article (7) — Intellectual Property

7.1 The Company's ownership. Company Materials — including the Platform, the source code and executable code of the Applications, the generated technical structures, the databases as to their structure and definitions, the models, the templates, the integration and interoperability layers, the architecture, the infrastructure and deployment files, and every improvement or derivative work — are the exclusive property of the Company or its licensors, and remain so in all circumstances. The Customer does not acquire — under these Terms, by payment of the Fees, by providing Inputs, by confirming what the Platform suggests or by publishing the Application on its domain — any ownership right or any other right in them other than the licence set out in Article (6).

7.2 What the Platform creates in response to Inputs. The Customer acknowledges that the code, technical structures and components that the Platform creates automatically in response to its Inputs — even if unique or tailored to its needs — are Company Materials, and that its right is limited to the use of the resulting Application through the Platform during the Subscription Term. The Application shall not be deemed a work (copyright work) prepared on commission from the Customer, nor a joint work, and the Customer shall not be deemed its author or a co-author of it, and the Inputs or confirmations that the Customer provides do not create for it any right in the technical result other than what Clause 7.3 establishes.

7.3 The Customer's ownership. The Customer retains all its rights in Customer Data, in its Inputs, in its content, trademarks and domain names, and in its business logic and business rules as information and knowledge belonging to it — not as a technical implementation. The Customer grants the Company a worldwide, non-exclusive, royalty-free licence, sublicensable to its Sub-processors, to use Customer Data, its Inputs, its content and its marks to the extent necessary to provide the Services to it, to host and publish its Applications, to perform its obligations, to protect the Platform and its security, and for the purposes set out in Clause 9.9.

7.4 Outputs. As between the parties, the Customer has the right to use in its activity the textual and informational Outputs that it receives from the AI Agents. The Customer acknowledges that the Outputs may not be unique, that the Platform may produce similar or identical Outputs or Applications for other Customers, that the Company does not warrant the originality of the Outputs or that they do not infringe the rights of third parties, and that the Company is under no obligation towards the Customer not to make available to other Customers anything similar to its Application.

7.5 General knowledge. The Company has the right to benefit from the general knowledge, experience, patterns, components and technical methods that develop through the provision of the Services to all its Customers, and may reuse, improve and make them available to any other Customer, without this extending to Customer Data, the Customer's confidential information or its specific business logic by which it is identifiable.

7.6 No code, no escrow deposit, no inspection and no external hosting. In confirmation of the Basic Acknowledgement: the Company is not obliged — at any time or in any capacity — to deliver the source code or executable code, the infrastructure or deployment files or any component of Company Materials to the Customer or to a third party designated by it, nor to deposit them with any escrow agent, nor to make them available for inspection or audit or for review of their architecture, nor to enable the Customer to host its Application outside the Platform or to transfer it to another environment, nor to provide it with anything that would enable it to recreate the Application outside the Platform. The alternative to all of this is what the Company undertakes in Article (19) and Annex (C) by way of making the export of Customer Data available, and the certifications or independent audit reports that it provides in accordance with Clause 15.6. This is without prejudice to the limited right of verification established in Clause B-10 of Annex (B), which in no case extends to the code or the technical structure. The Customer's payment of any amount — whatever its size or designation — does not create for it any right under these Terms in anything referred to in this Clause, and no payment shall be construed as consideration for the delivery of the code, for its deposit in escrow or for making hosting outside the Platform available.

7.7 Suggestions. Any suggestions, ideas or observations for improvement that the Customer submits to the Company — including error reports during the Beta Phase — may be used by the Company and incorporated into the Platform without restriction, consideration or attribution.

7.8 Marks. Neither party may use the name, marks or logos of the other party without prior written consent; however, the Company may mention the Customer's name in its list of Customers and its promotional materials unless the Customer objects in writing, and shall not use its logo or marks except with its written consent or after notifying it and its not objecting within fourteen (14) days of the notification. The Company may display, in the Published Applications on free Plans, a brief indication that they are built on the Platform, as set out in the Price List.

7.9 Reporting infringement. If the Customer believes that any content on the Platform or in a Published Application of another Customer infringes a right of its own, it may report this to the Company at the e-mail address set out in Article (34), stating the right claimed and the evidence for it, and the Company shall consider the report in accordance with Clauses 12.8 and 12.13.

Article (8) — Customer Data and Backups

8.1 The data belongs to the Customer. Customer Data is the property of the Customer, and the Customer is the one in control of it. The Company does not claim any ownership right in it, and does not use it except in accordance with these Terms, Annex (B) and the Privacy Policy.

8.2 Continuous self-service export. The Company shall enable the Customer — throughout the Subscription Term, throughout the period during which the account is active in the Free Services, and during the Retrieval Window — to export its data by itself through the Platform, in the formats and within the scope set out in Annex (C), without additional fees for ordinary export. If self-service export is not possible for a cause attributable to the Company, the Company shall make the export available through technical support within five (5) Business Days of the Customer's written request specifying its scope, and this period shall be extended by the preparation period established in Clause C-4 where the volume of the data is large, provided that the total does not exceed ten (10) Business Days. In all cases, the Retrieval Window shall be extended by a period equivalent to the period during which self-service export was not possible for the Customer.

8.3 The Customer's own copies. The Customer shall export and retain independent copies of its data at a frequency commensurate with the importance of its business, in particular during the Beta Phase. The Company gives no warranty as to backup, its frequency, its retention period or the possibility of restoration from it, and no copy the Company may take for its own operational purposes may be relied upon as a substitute for the Customer's own independent copies.

8.4 The Customer's responsibility for the content of its data. The Customer warrants that it holds the rights and consents necessary to enter Customer Data into the Platform, to process it and to publish such of it as it chooses to publish in accordance with these Terms, and that its data and its content do not breach Applicable Laws or the rights of third parties, and it alone bears responsibility for their accuracy and lawfulness.

8.5 Retention after expiry, and deletion. The retention of Customer Data after the expiry of the subscription, and its deletion, are governed by Article (19).

8.6 Hosting location. The primary Customer Data is hosted with the infrastructure provider and in the geographical region identified in the Sub-processor List, and the Company shall notify the Customer at least sixty (60) days before any change in the primary storage region, except as required by a security or legal necessity. This Clause applies to the primary processing region as it applies to the storage region. If the change results in the transfer of the primary storage or processing region of Customer Data to a country other than the country identified in the Sub-processor List at the start of its current Subscription Term, the Customer may — within thirty (30) days of the notification — terminate its subscription by written notice, with a refund of the recurring Fees paid in advance for the unused period and of the value of the purchased Credits that have not been consumed, and the Retrieval Window shall be made available to it in full. The transfer of personal data outside the Kingdom is governed by Annex (B).

8.7 Monitoring and inspection. The Company may — without being obliged to do so — inspect Customer Data, the Customer's content and its Applications, automatically or manually, to the extent necessary for operating, protecting and securing the Platform, for verifying compliance with Annex (A), and for responding to reports and to the orders of the competent authorities, subject to the confidentiality obligations and Annex (B); this shall not be deemed monitoring that creates an obligation or liability on the part of the Company for the Customer's content.

Article (9) — Artificial Intelligence and AI Agents

9.1 Disclosure. The Platform relies on generative artificial intelligence technologies in configuring the Applications, operating the AI Agents and answering enquiries. The Customer acknowledges that it is aware of this, and that the Outputs are produced automatically on a probabilistic, not a deterministic, basis.

9.2 Nature of the Outputs. The Customer acknowledges that the Outputs — including the structures, logic, interfaces and responses produced by the automated generation tools and the AI Agents — may be inaccurate, incomplete or insecure, or inconsistent with the Customer's policies, its prices, its contractual obligations or the laws applicable to its activity; that this is a characteristic of the technology itself; and that it shall not be deemed a defect in the Services nor a breach by the Company. The Company does not warrant the accuracy, completeness or security of the Outputs, nor their suitability for a particular purpose, nor that they are free from errors or from components that may infringe the rights of third parties.

9.3 Duty of review and testing. The Customer shall review and test its Applications — including the access rules, the permissions, the business logic, the data processing and the financial calculations — before publishing them or using them in dealing with its End Users, and shall conduct an independent human review of everything relating to financial transactions, contractual obligations, activities subject to special regulation or decisions affecting individuals. The Customer acknowledges that the Company does not review its Applications, approve them or verify their suitability for its activity or their compliance with the laws applicable to it, and that responsibility for this rests with the Customer alone.

9.4 The Customer is the speaker and the operator. Everything that issues from the AI Agents in the Customer's Applications — messages, responses, offers, commitments or actions — towards its End Users or third parties shall be deemed to have been issued in the Customer's name, for its account and under its responsibility. The Customer alone bears — as between it and the Company — responsibility for those Outputs, and for honouring, or refusing to honour, the commitments they contain. The Customer acknowledges that it may be held liable towards third parties for these Outputs even if they were generated automatically, and that it may not plead against third parties that the Outputs were issued by the Company or by the Platform.

9.5 Disclosure to those who interact with the agents, and limits of permission. The Customer shall disclose to those who interact with its AI Agents — at the start of each interaction — that they are dealing with an automated system, shall make available to them a means of reaching a natural person, and shall not configure or present the agent as being a human. The Customer may not enable an AI Agent to conclude contracts, agree prices, grant discounts or refunds, waive terms, spend money or carry out anything that cannot be reversed, without human confirmation, unless the Customer has expressly configured that permission, in which case it shall bear the consequences of doing so in full.

9.6 Permission levels. The Platform enables the Customer to determine the permission level of each AI Agent, as set out in the Published Technical Documentation, ranging from the level of suggestion only or of reading and adding only, up to execution in the production environment. The Customer shall be deemed bound by what the AI Agent executes on its behalf within the permission level it has determined and the settings it has configured.

9.7 Automated contracting. The Company discloses that the Platform includes automated electronic systems — among them the AI Agents — that may create or execute acts, or send communications, without direct human intervention at the time of execution, within the permissions determined. The Customer acknowledges that it is fully aware of this, and that the acts carried out in this manner within the permissions it has configured produce their effects against it in accordance with the Electronic Transactions Law.

9.8 Model Providers and replacement. The Platform relies on models and services from Model Providers. The Customer acknowledges that its Inputs, the structure of its Applications and whatever is necessary for processing its requests — including the records that the AI Agent reads in order to generate a response — may be sent to the Model Providers identified in the Sub-processor List in accordance with Annex (B). The Company may — at any time — replace any model or provider with another, update it, change its settings or discontinue it, without this being deemed a breach, subject to Clause B-6 of Annex (B) where the replacement results in a change in the Sub-processors. The Company does not warrant the continued availability of any particular model, version or behaviour, and the Customer acknowledges that a change of model may change the behaviour of its AI Agents and the Outputs of the automated generation tools, and that it must review its Applications after each change. The Company shall notify the Customer — through the Platform or at its registered e-mail address, and a reasonable period before implementation where this is practically possible — of the changes to models that are expected to have a material effect on the behaviour of its AI Agents. Notification is not required of routine updates or of version changes that are not expected to have a material effect on that behaviour. The duty of review established in Clause 9.3 remains in force in all cases, whether or not the Customer has been notified.

9.9 Use of data to improve the Platform. The Company does not use Customer Data — including the records of the Customer's End Users, its contacts, its correspondence and the content of its calls — to train any general or shared artificial intelligence model, nor for any purpose outside the provision of the Services to the Customer itself. The Company may use the Inputs (the descriptions and directions) and the metadata of the structure of the Applications, after anonymisation such that it is not possible — by any reasonable means — to link the data to any natural person, and where this cannot be achieved the data shall not be used for this purpose, in order to improve the automated generation tools and the quality of the Platform; the Customer may object to this by written notice, whereupon the Company shall cease this use with prospective effect within thirty (30) days. The Company may use usage and performance data in an aggregated and anonymised form that cannot by any reasonable means be linked to the Customer, its users or its clients, for the purposes of performance measurement, development of the Services and statistics. The Company contracts with the Model Providers on the basis that Customer Data is not used in training their models, and activates the settings available with them for this purpose.

9.10 High-risk uses. The AI Agents or the automated generation tools may not be used to take automated decisions having a material legal, financial or health effect on individuals without human review, nor in the uses prohibited by Annex (A). The Customer shall — where its Application takes decisions based on the automated processing of personal data — comply with the requirements of the data protection laws as to express consent, notification and impact assessment.

9.11 Open-source components. The Platform and the Applications may include open-source components that are subject to their own licences. The Company warrants that it holds the right to make the Applications available through the Platform, gives no additional warranty in respect of those components, and their presence does not create for the Customer any right in the code. The Company does not knowingly include in the Platform or in the Applications components whose mere availability over a network gives rise to an obligation to make the source code available to the users of the Published Application, and it conducts a periodic review of the licences of the components for this purpose. Where the existence of such a component included by the Company is established, the Company shall undertake its replacement at its own expense and the fulfilment of what its licence requires in so far as concerns the Company, without this creating for the Customer or for any person any right against the Company in the code or in any component of Company Materials. The Customer may not introduce into its Application — through custom code, an integration or an external library — any such component, and it alone bears the consequences of breaching this.

9.12 The automated support assistant. Where the Company makes available an automated assistant for answering Customers' enquiries or for support, its answers are indicative and not binding on the Company, shall not be deemed an official interpretation of these Terms nor a contractual commitment, and only what the Company issues in writing through its official channels shall be relied upon.

9.13 Disclosure of the limits of the Outputs to the Customer's End Users. The Customer shall inform its End Users — in the terms of use of its Published Application and in the interaction interface — that what issues from the AI Agents is produced automatically and may be inaccurate, incomplete, misleading or out of date, and that the facts it contains should not be relied upon without independent verification. The Customer acknowledges that this obligation is also established in the terms of the Model Providers that apply to the Services, that breaching it may result in the restriction of the Company's access to those models, and that it shall bear the consequences of this in accordance with Clause 24.1.

Article (10) — AI Agents: Additional Provisions

10.1 Configuration and supervision. The Customer shall review and approve the instructions of its AI Agents, their knowledge sources, their controls and the limits of their permissions; shall monitor their performance continuously; shall stop any agent that exhibits unacceptable or non-compliant behaviour; and shall fulfil the disclosure and notification requirements imposed by the laws in respect of automated processing.

10.2 Reading from and writing to the records. The Customer acknowledges that the AI Agent may consult the records of its Application before responding and may write to them afterwards, that this takes place within the Customer's configuration and instructions, and that reviewing the correctness of what is written, and approving it, is its responsibility.

10.3 The attribution log. The Platform may keep a log showing the source of each message or action issued from the Customer's Applications (a user or an AI Agent), its time and the channel used. The Company gives no warranty as to the existence, content or availability of such a log.

10.4 Consumption. The Customer acknowledges that the AI Agents consume Credits when they operate — including what they do without direct intervention from the Customer within the permissions it has configured — that it must control their permissions and its spending limits in accordance with Article (16), and that the Company shall not be liable for consumption resulting from the Customer's configuration.

10.5 Attempts to manipulate the agents through inputs. The Customer acknowledges that the inputs or content received by the AI Agent from its End Users, from third parties or from external sources that the agent reads may contain disguised instructions aimed at changing its behaviour or inducing it to take an unintended action or make an unintended disclosure; that this is a characteristic of the technology; and that the Company does not warrant its prevention or its detection. The Customer shall confine the permissions of its agents to the narrowest scope necessary for the performance of their function, shall not grant them access to data or actions that cannot tolerate these risks, and shall test this periodically and after each change; and it shall bear the consequences of whatever occurs within the permissions it has configured in accordance with Clauses 9.6 and 11.3.

Article (11) — Data-Affecting Operations

11.1 Warning before data-affecting operations. The Platform endeavours to display a warning before the execution of the following operations: bulk deletion, modification of the database structure, publishing to the production environment, modification of the permission rules, and change of domain; the warning states — according to the nature of the operation — the expected scope of the effect and whether the operation is reversible. The display of a warning is not an obligation as to result, and no liability attaches to the Company by reason of its absence in any particular operation.

11.2 Confirmation constitutes binding instructions. The confirmation by an Authorised User to proceed with an operation after the warning has been displayed shall be deemed instructions issued by the Customer to execute it, and the Company shall not be liable for the results of an operation confirmed in this manner. The Customer acknowledges that the absence of a warning for a particular operation does not mean that it is safe or reversible, and that it must exercise caution in every operation that affects its data or its Published Application.

11.3 Disabling of controls. If the Customer disables any of the protection controls or confirmation gates that the Platform makes available, elevates the permission level of an AI Agent without testing in a non-production environment, or grants impactful permissions to an unqualified user, it shall bear the consequences of doing so, and the Company's liability shall be reduced to the extent of the contribution of the Customer's act to the occurrence or aggravation of the damage.

Article (12) — Hosting and Publishing

12.1 Hosting on the Platform exclusively. All Applications are hosted, operated and published on the infrastructure that the Company selects and manages, exclusively. No Application, nor any part of it, may be hosted outside the Platform or transferred to another infrastructure, and the Customer is not given access to the servers, the environments, the deployment files or the infrastructure settings. The Company may select the infrastructure providers, their regions and their technologies, and change them from time to time in accordance with Clause 8.6 and Annex (B), without this being deemed a breach.

12.2 Publishing is the Customer's decision and its responsibility. Publishing the Application and making it available to End Users or to the public is a decision taken by the Customer alone through the Platform's tools, and the Customer — not the Company — is the publisher and operator of the Published Application and the provider of whatever services or content it provides to its End Users, and is solely responsible towards them, towards third parties and towards the competent authorities for the Published Application, its content, its functions, its data and the lawfulness of its use. The Company shall not be deemed — by the mere fact of hosting and technical publishing — a publisher of the content, nor a party to any relationship between the Customer and its End Users, nor a guarantor of either of them towards the other.

12.3 Domains. The Application may be published on a subdomain provided by the Company within its domains, or on a domain belonging to the Customer. The subdomains provided by the Company are its property, are allocated to the Customer temporarily during the Subscription Term, and the Company may change them, reclaim them or refuse any name that infringes the rights of third parties, is contrary to public morals or suggests an official association that does not exist, and they lapse upon the expiry of the subscription. As for the Customer's own domain, the Customer alone is responsible for its registration, renewal, ownership and settings with the domain registrar and for the Domain Name System settings, and warrants that it holds the right to use it and that its use does not infringe the rights of third parties. The Company shall not be liable for an interruption of the Published Application resulting from the expiry of the registration of the Customer's domain, an error in its settings, a dispute over it or its suspension by its registrar. The Company shall — using reasonable endeavours — issue the encryption certificates necessary for the domains connected to the Platform and renew them through the issuing authorities that it relies on, without warranting their continued availability from those authorities.

12.4 Terms of use for End Users. The Customer shall put in place for its Published Application terms of use and a privacy notice addressed to its End Users, consistent with Applicable Laws and these Terms, in which it states that it is the party responsible for the Application, its content and its users' data; shall bind its End Users to restrictions not less than those set out in Annex (A); and shall itself undertake the support of its End Users and the response to their complaints and requests. The Company does not provide direct support to End Users, and refers whatever it receives from them to the Customer.

12.5 Resources and fair use. The Published Application is subject to the resource and usage limits set out in the Plan and the Published Technical Documentation, as to storage capacity, number of requests, data traffic, processing time and consumption. The Company may — where the Published Application exceeds those limits, imposes an unusual burden on the infrastructure, affects the experience of other Customers, or is subjected to attacks or abnormal visits — restrict its resources, slow it down or stop it temporarily, in whole or in part, while notifying the Customer of this as soon as practically possible and making an upgrade or a remedy available where possible, without this being deemed a breach, provided that the Company takes the measure in good faith, for a reasonable and documented cause and to the narrowest extent possible. If it is established that the cause of the restriction did not exist, it shall be lifted immediately and Clause 18.3 shall apply in respect of it. Consumption in excess of the Plan limits shall be charged in accordance with Clause 16.6 where the Customer has enabled this or its Plan expressly includes it; otherwise, consumption shall be restricted upon reaching the limit.

12.6 Security of the Published Application. The Company is responsible for the security of the Platform's infrastructure, the logical separation between the Customers' Workspaces, and the security updates of the Platform's components, in accordance with Annex (B). The Customer alone is responsible for configuring the security of its Published Application as to the access rules, the permissions, the authentication of its End Users, the classification of its data, its business logic and the inputs it accepts, and for reviewing and testing this before publishing and after each change. The Customer acknowledges that any application available to the public is by its nature exposed to attempts at abuse, intrusion and unlawful use by third parties, that the Company does not warrant the prevention of this, and that its liability is limited to the reasonable measures to which it commits in Annex (B).

12.7 Content and communications sent from the Published Application. The messages, e-mails, notifications or communications that the Published Application sends to End Users or third parties are issued in the Customer's name and for its account, and the Customer shall comply in respect of them with Applicable Laws, the controls of the Communications, Space and Technology Commission and the policies of the channel providers. The Company may restrict or stop the sending of messages from a Published Application if it considers, on reasonable grounds, that it breaches the foregoing or exposes the reputation of the Company's domains or of its accounts with the channel providers to classification as a source of unsolicited messages. The Company does not warrant that any message, e-mail or notification will reach the recipient or its primary inbox, nor that it will not be classified as an unsolicited message, nor the speed of its delivery, since this is subject to the channel providers, to the recipients' e-mail providers and to their policies and filters. Where the Published Application sends messages from a domain belonging to the Customer, the Customer alone is responsible for configuring and maintaining the sender authentication records with its domain provider (including SPF, DKIM and DMARC), for the reputation of its domain with the e-mail providers, and for obtaining the recipients' consents and making available a means of opting out of receipt.

12.8 Reports and removal. The Company may — upon receiving a report, a complaint, an order from a competent authority or a notification from an infrastructure provider concerning a Published Application or content in it — request the Customer to remedy the matter within a period that the Company determines according to its seriousness; block the content concerned, disable the feature or stop the publishing of the Application, in whole or in part, immediately where the seriousness of the matter or the order issued so requires; and provide the competent authority with what the law requires. The Company may also restrict access to a Published Application from a particular geographical area where this is necessary in order to comply with an order of a competent authority, with Applicable Laws or with the policies of its infrastructure providers. The Company shall notify the Customer of the measure it has taken and of its reason as soon as practically possible unless the law prohibits this, and shall restore availability when the cause has ceased. The Company shall not be liable towards the Customer for a measure it took in good faith on the basis of a report or order that subsequently proved to be unfounded, unless this was due to Gross Negligence. Reports received from third parties are subject to the procedures set out in Clause 12.13.

12.9 No warranty of continued publishing. The Company does not warrant the continued availability of the Published Application without interruption, nor any particular speed, nor its availability from all geographical areas or networks, nor that it will be unaffected by maintenance work, updates, interruption of third-party services or cyber attacks, nor its indexing in search engines. The Customer acknowledges that the Published Application ceases to operate upon the suspension, expiry or termination of the subscription in accordance with Articles (17), (18) and (19).

12.10 No export of the Application. The Customer acknowledges that publishing the Application on its own domain does not grant it any right in the Application itself outside the Platform; that what it owns is its domain, its data, its content and its marks only; that the Published Application is disconnected from its domain upon the expiry of the subscription; and that the Customer may then direct its domain to any other destination it wishes, without being entitled to obtain the Application or any component of it. The Customer shall remove the Domain Name System records directed to the Platform within five (5) Business Days of the effective date of the expiry or termination; and the Company may refuse to respond to requests received from a domain whose records have not been removed, without liability.

12.11 Data collected from End Users. The data that the Published Application collects from its End Users forms part of Customer Data, the Customer is the Controller of it, the Company processes it for the Customer's account in accordance with Annex (B), and the Customer alone bears responsibility for the lawfulness of its collection, for notifying the data subjects and for obtaining their consents where required.

12.12 Integration with other systems. Where the Customer connects its Published Application to other systems belonging to it or to third parties through the Platform's interfaces, it alone bears responsibility for the correctness of the credentials, for its authority to make the connection, and for the effect of this on those systems, in accordance with Article (25).

12.13 The reporting channel, the procedures for considering reports, and repeated infringement. The e-mail address set out in Article (34) is designated for receiving reports of infringement of intellectual property rights and reports of abuse relating to the Published Applications. The report must contain a statement of the right claimed, a description of the content concerned and its location, the details of the reporting party and the means of contacting it, and its acknowledgement of the correctness of what it contains and of its responsibility for it. The Company shall confirm receipt of the report within two (2) Business Days, and the confirmation may be automated; shall notify the Customer of the report within three (3) Business Days of its receipt unless the law prohibits this or the seriousness of the matter requires immediate intervention in accordance with Clause 12.8; and the Customer may submit a reasoned written response within five (5) Business Days of being notified. The Company shall decide on the report within five (5) Business Days of receiving the Customer's response or of the expiry of the period for the response, whichever is earlier, shall consider the Customer's response before taking a final measure, and availability may be restored when the cause of the report has ceased. Repeated established infringement by the Customer or by its End Users, in a manner indicating a pattern, shall be deemed a material breach entitling the Company to terminate in accordance with Clause 17.3.

12.14 The Company's capacity, and the Customer's legal obligations in its Published Application. The Company confines itself to providing the technical infrastructure for hosting, publishing and operation; does not carry on any commercial activity through the Published Applications of its Customers; does not act as intermediary in the sale of the Customer's products or services to its End Users; and does not display them, promote them, receive payment for them or control their terms or prices. The Customer shall — where its Published Application is an electronic store or is used in dealing with consumers — clearly state in it: its name and the means of contacting it; its commercial registration number and its trade name, where it is registered; a description of the products or services and the total price inclusive of value added tax (VAT) and all fees; the cancellation and returns policy; and all else required by the E-Commerce Law and its Implementing Regulation; and shall not display in its Application anything that suggests that the Company is a party to its dealings with its End Users or a guarantor thereof. The Company may require the Customer to add or correct these details within a period that it determines, and may stop the publishing of the Application until the Customer does so. The Customer shall indemnify the Company in accordance with Clause 24.1 for any fine, measure or blocking taken against it by reason of the Customer's breach of this Clause.

Article (13) — Acceptable Use

13.1 The Customer and its Authorised Users shall comply — and the Customer shall bind its End Users to comply — with the Acceptable Use Policy set out in Annex (A), which forms an integral part of these Terms.

13.2 Lawfulness of purpose. The Customer warrants that the purpose of every Application it configures or publishes, and every use of the Platform, is lawful under Applicable Laws and the laws of any country to which it directs its Published Application; that it holds all the licences, permits and registrations necessary for carrying on its activity, for operating its Applications and for the services it provides to its End Users; and that the Company does not verify this and shall not be liable for it.

13.3 Reporting and cooperation. The Company may report to the competent authorities any use that it suspects — on reasonable grounds — of being in breach of the Anti-Cyber Crime Law or other Applicable Laws, and may cooperate with them and provide them with what the law requires, without being liable towards the Customer for doing so.

Article (14) — Personal Data Protection

14.1 The two roles. In respect of the personal data contained within Customer Data (such as the data of its employees, its End Users, its clients and its contacts), the Customer is the Controller and the Company is the Processor that processes it for the Customer's account and in accordance with its documented Instructions. As for the personal data that the Company collects for its own purposes (such as the data of the Customer's account and its representatives, billing, support and communication data, and usage data), the Company is the Controller of it and it is governed by the Privacy Policy.

14.2 The processing addendum. The Company's processing of personal data for the Customer's account is governed by the provisions of Annex (B), which constitutes the written agreement between the Controller and the Processor required under the Personal Data Protection Law and its regulations.

14.3 The Customer's obligations as Controller. The Customer warrants that it has the legal basis for collecting and processing the personal data that it enters into the Platform or collects through its Published Applications; that it has provided the data subjects with the necessary privacy notices; that it has obtained the required consents where they are required; that it has carried out the necessary impact assessment where the law requires it; and that it alone bears responsibility for the lawfulness of its Instructions and for its obligations as Controller, including responding to the requests of data subjects and notifying the competent authority of data breach incidents concerning its data.

14.4 Sensitive data. The Customer may not enter sensitive personal data (such as health, genetic or biometric data used for identification, or data relating to beliefs, ethnic origin or security or criminal records), credit data or data of minors into the Platform or its Applications unless it has satisfied the requirements of express consent and controls imposed by Applicable Laws, and has notified the Company in writing of the nature of that data before entering it, so that the Company may assess what additional controls are necessary, or refuse this.

Article (15) — Confidentiality

15.1 Confidential information. This means every item of information disclosed by one party to the other — by any means — that is confidential by its nature or is marked as such; in respect of the Company it includes: Company Materials, the technical structure and architecture of the Platform, the integration and interoperability layers, its working methods, its development roadmap, its unpublished prices and the results of its security tests; and in respect of the Customer it includes: Customer Data, its Inputs, its business logic and its commercial and financial information.

15.2 The obligation. The receiving party shall not use the confidential information except for the purposes of this contract; shall not disclose it except to its employees, advisers and sub-processors who are bound by confidentiality, to the extent necessary; and shall exercise the same care that it exercises to protect its own confidential information, and not less than reasonable care.

15.3 Exceptions. The obligation does not extend to information that is available to the public without breach by the receiving party, that was in its possession before the disclosure by lawful means, that it received from a third party not bound by confidentiality, or that it developed independently. Disclosure is permitted of whatever is required by Applicable Laws, a judicial order or a competent authority, after notifying the other party where this is permitted, and to the narrowest extent, subject to Clause 15.8. There shall not be deemed to be confidential information of the Customer — for the purposes of this Article — whatever Clauses 7.2, 7.4 and 7.5 establish, nor the mere fact that the Company has configured an Application of a particular type, for a particular sector or with similar functions for another Customer. The confidentiality obligation in respect of the Customer's business logic is limited to the rules, prices, formulas, criteria and controls specific to it by which it is specifically identifiable, and does not extend to general patterns, structures and components. Clauses 7.2, 7.4 and 7.5 shall prevail over this Article in the event of conflict.

15.4 Duration. The confidentiality obligation continues throughout the term of the contract and for five (5) years after its expiry, and continues without time limit in respect of Company Materials and its technical structure for as long as they retain their confidential character, and in respect of personal data.

15.5 No obligation to disclose the structure. No provision of these Terms obliges the Company to disclose to the Customer, to its auditors or to any party it designates the technical structure or architecture of the Platform, the code, the automated generation methods, the manner in which the integration and interoperability layers operate, or the details of its infrastructure beyond what it publishes in the Sub-processor List.

15.6 The alternative to audit. Where the Customer needs — for the purposes of its legal or contractual obligations — to verify the Company's security and organisational controls, the Company shall confine itself to providing it with such certifications, independent audit reports or summaries of controls as it has available, as set out in Annex (B), without prejudice to Clause 15.5.

15.7 Interim measures. The parties acknowledge that a breach of the confidentiality obligations or of intellectual property rights may cause damage that cannot be remedied by compensation alone, and that the injured party may seek interim and precautionary measures from the competent judicial authority in addition to all its other rights.

15.8 Disclosure by judicial order or by order of a competent authority. Where an order is issued by a competent court or by a competent authority, or a judicial expert is appointed, in a manner that requires inspection of Company Materials, the code, the technical structure of the Platform or the automated generation methods, the disclosure shall be limited to the narrowest scope that achieves the purpose ordered; shall be made to the court, the expert or the competent authority alone, and not to the Customer, its advisers or any other party; shall take place at the Company's premises or in a secure environment determined by the Company and under its supervision; shall be made after the signing of a confidentiality undertaking where this may lawfully be requested; and shall be made without the delivery of copies, extracts or images except to the extent expressly required by the order. The Company shall request from the competent authority or from the court such measures as are necessary to protect the confidentiality of Company Materials, including restricting inspection and prohibiting their deposit in the case file. No disclosure made in this manner creates for the Customer any right to inspect what has been disclosed, to obtain a copy of it or to use it in any way, nor shall it be deemed a waiver of the confidentiality of Company Materials or of any provision of the Basic Acknowledgement or of Articles (6) and (7).

Article (16) — Fees, Invoicing and Taxes

16.1 Fees and currency. The Customer shall pay the Fees in accordance with the subscribed Plan and the Price List in force at the time of subscription, renewal or purchase. The Fees are displayed and collected in US dollars, unless the Price List or the Order Form specifies another currency. The Customer bears any currency conversion fees, bank charges or exchange rate differences imposed by its bank or its card issuer, and the Company shall not be deemed responsible for them.

16.2 Taxes. The prices in the Price List are displayed exclusive of value added tax (VAT) and of any other taxes or fees, and alongside them there is displayed, for the Customer resident in the Kingdom, the total price inclusive of tax together with a statement of its equivalent in Saudi riyals; in all cases the total amount inclusive of tax and all fees is displayed to the Customer before completion of payment. Value added tax (VAT) at the rate in force in the Kingdom of Saudi Arabia (currently fifteen percent) is added to the Fees due from Customers resident in the Kingdom or for whom the Services provided are deemed subject to tax there. The Customer shall provide the Company with its tax registration number and the details of its establishment, where it is registered, for the issuance of the tax invoice in its name. The Customer outside the Kingdom alone bears any taxes or fees imposed by its country on the Services. As for the Customer resident outside the territory of the States of the Cooperation Council for the Arab States of the Gulf, the tax treatment prescribed by law for the export of services shall apply to the Services provided to it whenever the conditions for it are satisfied, in which case the Customer warrants the correctness of its residence details and that no one benefits from the Services while located in the Council States, shall provide evidence of this, shall notify the Company in writing within ten (10) Business Days of any change in its place of residence or in the place of benefiting from the Services, and shall indemnify the Company for any tax or penalty imposed on it as a result of the incorrectness of this warranty or the breach of this notification obligation. If the laws require any tax to be withheld at source from an amount due to the Company, the Customer shall increase the amount paid to the extent necessary for the net amount received by the Company after withholding to be equal to the full amount that would have been due to it had the withholding not occurred, and the Customer shall provide the Company within thirty (30) days with evidence of the remittance of the withheld amount to the competent authority.

16.3 E-invoicing and payment. The Company issues its invoices electronically in accordance with the requirements of the Zakat, Tax and Customs Authority where applicable. Where the Company issues a tax invoice in a currency other than the Saudi riyal, the amount of value added tax (VAT) shall be stated in it in Saudi riyals as required by Article (53) of the Implementing Regulations of the Value Added Tax Law, converted at the exchange rate published by the Saudi Central Bank on the date of supply in accordance with Article (61) of the same Regulations. The Customer agrees to receive invoices and receipts by electronic means at its registered e-mail address or through the Platform. The Fees are collected through the payment service provider with which the Company contracts, and the Customer acknowledges that the payment method details are processed by the payment service provider in accordance with its terms and its policy, and that the Company does not retain full card numbers. The Customer authorises the Company and the payment service provider to debit the recurring Fees, the fees for purchased Credits and any amounts due from the registered payment method on their due dates.

16.4 Due dates and payment. The recurring Fees are paid in advance at the start of each Subscription Term, the fees for purchased Credits are paid upon purchase, and any consumption or overage fees — if any, in accordance with the Price List — are paid upon issuance of the invoice or within the period stated in it. The Customer's failure to object in writing to the invoice within ten (10) Business Days of its issuance shall be deemed a presumption of its correctness, without its right to prove the contrary lapsing.

16.5 Credits. Credits are consumed in accordance with the Platform's metering and the Price List according to the nature of each operation and the resources it requires, and the consumption of similar operations may differ according to their complexity, the volume of their data and the models used in them. Plan-included Credits are made available at the start of each Subscription Term, and those of them that have not been consumed expire upon the end of that Term and are not carried over, unless the Price List provides otherwise. Separately purchased Credits are consumed after the Plan Credits have been exhausted, and remain valid for consumption for a period of twelve (12) months from the date of their purchase unless the Price List provides a longer period. The expiry or termination of the subscription does not result in the lapse of these Credits during their validity period, and their remaining balance is made available to the Customer upon any new subscription it concludes during that period; if their validity period lapses without a subscription, those of them that have not been consumed expire. If the value of the purchased Credits that have not been consumed is refunded to the Customer in accordance with Clause 16.9, their balance lapses from the date of the refund, and the refund and the continuation of their validity may not be combined. As for Credits granted free of charge, the Company may limit their duration, restrict them or withdraw them at any time. The value of Credits is not refunded, converted into cash or transferred to another account except in the cases expressly provided for in these Terms, and Credits consumed in operations that did not achieve the result intended by the Customer are not restored where this was due to the nature of the Inputs, the technology or the Beta Phase and not to an established defect in the Platform. The Company shall restore to the Customer's balance the Credits that are shown by the metering records to have been consumed in an unjustified repetition of a single operation or in a repeated operating cycle arising from a defect in the Platform or in the automated generation tools and not from the Customer's configuration or its Inputs, upon a written request submitted by the Customer within thirty (30) days of the consumption.

16.6 Metering of consumption and alerts. Consumption fees are calculated in accordance with the Platform's metering, and the Company makes available to the Customer a means of monitoring its consumption and its balance. The metering records held by the Company shall be deemed evidence of consumption unless the Customer proves the contrary. No overage fees or automatic purchase fees are due unless the Customer has enabled this or its Plan expressly includes it.

16.7 Late payment and payment failure. If any amount due is not paid on its due date or its debit from the registered payment method fails, the Company may — without prejudice to its other rights — retry the debit, follow the suspension ladder set out in Article (18), cancel any discounts or preferential prices and revert to the list prices for the following period, and claim the actual documented costs of collection. The Company does not impose any interest or late-payment penalties on overdue amounts.

16.8 Disputing a debit and recovering amounts through the bank. The Customer shall — before disputing any debit with its bank or its card issuer — contact the Company at the e-mail address set out in Article (34) in order to address the matter. If the Customer makes a chargeback in respect of a valid debit that was due, without prior contact with the Company, the Company may immediately switch its Workspace to read-only mode as set out in the second stage of Clause 18.1, while its right to access and export its data remains, and grant it fourteen (14) days to settle the amount; if it is not settled within that period, the Company may proceed to full suspension and then termination in accordance with Clause 18.1, and claim the amount and the documented fees it has incurred by reason of it. If it is established that the chargeback was due to an error by the bank or the card issuer, or the chargeback is reversed, the Service shall be restored immediately without any fees. Repeated chargebacks in respect of valid debits, twice or more within twelve (12) months, shall be deemed a material breach entitling the Company to terminate in accordance with Clause 17.3.

16.9 No refund. The Fees paid and the purchased Credits are non-refundable except in the cases expressly provided for in these Terms, including Clauses 3.6, 3.7, 4.8, 8.6, 16.10, 17.3, 17.4, 17.5, 18.3, 19.6, 20.3, 22.4, 22.7, 24.4, 26.4, 27.3, 27.5, 29.1 and 29.2 and Clause B-6 of Annex (B). Where these Terms provide for the refund of the recurring Fees paid in advance for the unused period, the refund shall include the value of the purchased Credits that have not been consumed in every case in which the cause of termination is not attributable to the Customer's breach — including termination in accordance with Clauses 3.7, 4.8, 8.6, 17.3, 17.4, 17.5, 19.6, 20.3, 22.4, 22.7, 26.4, 27.3, 27.5, 29.1 and 29.2 and Clause B-6 — and shall not include Plan-included Credits or Credits granted free of charge. The amounts refundable under these Terms shall be refunded within sixty (60) days of the effective date of termination, or of the date on which the Customer satisfies the refund requirements — whichever is later. The Company shall notify the Customer of all the refund requirements necessary for carrying it out, at one time, within ten (10) Business Days of the effective date of termination; if it does not do so, or subsequently requests additional requirements that were not necessary, the period of sixty (60) days shall run from the effective date of termination. The refund shall be made by the original payment method where possible or by another suitable method, after deducting whatever is due from the Customer to the Company, and without any interest or increase. As for the refund established in Clause 3.6 upon the exercise of the statutory right of withdrawal, it shall be made within fourteen (14) days of the date of the cancellation request or within the period required by Applicable Laws, whichever is shorter; nothing that may be due from the Customer shall be deducted from the refund established in Clause 3.6, and the fourteen (14) day rule shall apply to that refund whether it is based on the statutory right of withdrawal or on the Company's contractual obligation in that Clause.

16.10 Amendment of prices. The Company may amend the Price List with effect from the start of the following Subscription Term, provided that it notifies the Customer in writing at least thirty (30) days before the renewal date for monthly Plans, and at least sixty (60) days before for annual Plans. The Customer may — if it does not accept the amendment — decline to renew its subscription without any penalty. The recurring Fees shall not be amended during a current Subscription Term, with the following exception: if the actual documented costs imposed on the Company by the Model Providers, the channel providers or the infrastructure providers increase by more than twenty percent (20%) during the Subscription Term, the Company may amend the rate of consumption of Credits or the consumption fees associated with those services by no more than the amount of the actual increase, on notice of not less than thirty (30) days stating the basis of calculation, and the Customer may — if it does not accept — terminate the affected Service or the subscription without penalty, with a refund of the recurring Fees paid in advance for the unused period.

16.11 Free Services. The Company may modify, restrict or discontinue the Free Services at any time, including deleting inactive free Workspaces after ninety (90) days of inactivity. Before deleting any free Workspace or discontinuing the Free Services for a particular Customer, the Company shall notify the Customer at its registered e-mail address at least thirty (30) days in advance, and access shall remain available during that period in read-only mode for the export of data in accordance with Annex (C). A free Workspace shall be given, after its closure, a Retrieval Window of thirty (30) days to which the provisions of Clauses 19.2 and 19.3 apply, and to which the provisions of Clauses 19.7 and 19.8 do not apply. The Company shall not be liable for the effect of modifying, restricting or discontinuing the Free Services or of deleting a free Workspace whenever it has complied with the notification set out in this Clause, subject to Clause 23.6.

16.12 Change of Plan. The Customer may upgrade its Plan at any time during the Subscription Term, whereupon the higher Plan applies from the date of the upgrade, the Fees are calculated as the price difference for the remaining part of the current Subscription Term, the Credits included in the higher Plan are added in proportion to that period, and the Subscription Term ends on its original date. A downgrade of the Plan takes effect from the start of the following Subscription Term without a refund for the current Term, unless the Price List provides otherwise. The application of this Clause shall not be deemed an amendment of the recurring Fees during a current Subscription Term within the meaning of Clause 16.10.

Article (17) — Term, Renewal and Termination

17.1 Term and automatic renewal. The subscription commences on the date of its activation and continues for the period set out in the Plan, and renews automatically for like periods unless the Customer cancels the renewal through the account settings or by written notice before the end of the current period, or the Company notifies the Customer of non-renewal at least thirty (30) days before its end. The Company shall notify the Customer — at least thirty (30) days before the renewal date of annual Plans, and at least seven (7) days before the renewal date of monthly Plans — of the renewal date, the Fees applicable to it and how to cancel the renewal.

17.2 Termination of the subscription by the Customer. The Customer may terminate its subscription at any time through the account settings or by written notice, and the termination takes effect at the end of the current Subscription Term unless the Customer requests its immediate termination. The Fees paid for the remaining period are not refunded in the event of termination at the Customer's initiative for a reason other than the Company's breach.

17.3 Termination for breach. Either party may terminate the contract by written notice if the other party commits a material breach of its obligations and does not remedy it within thirty (30) days of receiving a written notice specifying the breach, and the termination shall then take effect without the need for a court judgement. If the termination is due to the Company's breach, the Company shall refund the recurring Fees paid in advance for the unused period and the value of the purchased Credits that have not been consumed in accordance with Clause 16.9. This is without prejudice to the special track for non-payment set out in Clause 18.1, which dispenses with the notice established in this Clause. The following shall be deemed a material breach incapable of remedy — entitling the Company to terminate immediately by written notice: the Customer's breach of the restrictions relating to Company Materials in Clause 6.2, the serious prohibited uses set out in Annex (A), its provision of materially incorrect registration details, repeated chargebacks in respect of valid debits as set out in Clause 16.8, or repeated infringement as set out in Clause 12.13.

17.4 Termination by the Company otherwise than for breach. The Company may terminate the subscription for a reason other than breach — including upon discontinuing the Services entirely or ceasing to offer the subscribed Plan — by written notice of not less than ninety (90) days, and shall then refund the recurring Fees paid in advance for the unused period after the effective date of termination, together with what Clause 16.9 establishes in respect of purchased Credits.

17.5 Immediate termination for external reasons. The Company may terminate the contract immediately by written notice if an order or judgement is issued for the liquidation or bankruptcy of the Customer or its activity is suspended, if an order is issued by a competent authority requiring this, or if it becomes legally impossible to continue providing the Services to the Customer by reason of the sanctions laws or export controls referred to in Clause 33.5. In the last two cases, the Company shall refund the recurring Fees paid in advance for the unused period unless the law prohibits this.

17.6 Effects of termination. Upon the expiry or termination of the contract for any reason: the Customer's licence ends, and its Applications cease to operate and their publishing ceases on the effective date of termination; all amounts due from the Customer become immediately payable; the provisions of Article (19) apply in respect of the Retrieval Window and deletion; and the provisions whose nature requires their survival remain in force, including the Basic Acknowledgement, Articles (1), (2), (6) as regards Clauses 6.2 and 6.4, (7), (8), (12) as regards Clause 12.10, (13), (14), (15), (16) as regards the amounts due and their refund, (19), (20) as regards Clause 20.4, (21), (23), (24), (28), (29), (30), (31), (32) and (33), Annex (A) during the Retrieval Window, and Annexes (B) and (C). This enumeration is not exhaustive, and the omission of an Article, Clause or Annex from it shall not be understood to mean that it does not remain in force where its nature requires its survival.

17.7 No retroactive effect. Termination has no retroactive effect, and does not prejudice the rights of either party that arose before it.

Article (18) — Suspension of Service

18.1 Graduated suspension for non-payment. In the event of non-payment of any amount due on its due date or failure of its debit, the Company shall follow the following graduated sequence: first, a written notice of the delay and a period of seven (7) days for payment, with a written reminder at least two days before its expiry; second, upon the expiry of the period without payment, switching the Workspace to read-only mode, in which the Customer retains access to, and export of, its data, and in which the operation and publishing of the Applications cease; third, after a further seven (7) days without payment, suspending access entirely except for the limited export interface set out in Clause 18.4; fourth, after thirty (30) days of full suspension without payment, the Company may terminate the contract for breach, and the Retrieval Window commences in accordance with Article (19). The Customer shall be notified in writing in the Arabic language — and a translation may be attached — at each stage, and the suspension shall be lifted within two (2) Business Days of full payment.

18.2 Immediate suspension. The Company may suspend access to the Platform or to any Application, Published Application, AI Agent or feature immediately — in whole or in part, and to the narrowest extent possible — if it has a reasonable and documented cause to believe that: the use constitutes a security threat to the Platform, to other Customers or to third parties; or the use breaches Applicable Laws or constitutes one of the serious prohibited uses in Annex (A); or the continuation of the Service exposes the Company to a legal violation or to the suspension of its accounts or its domains with the infrastructure providers, the channel providers or the Model Providers; or the Published Application exceeds the resource limits in a manner that affects the Platform or its other Customers; or this is required by an order of a competent authority or of an infrastructure provider; or there is a reasonable suspicion that the account has been compromised. The Company shall notify the Customer of the suspension and its cause as soon as practically possible unless the law prohibits this, and shall lift it as soon as its cause has ceased.

18.3 Effect of suspension. Suspension does not exempt the Customer from paying the Fees for the period of suspension if the suspension was attributable to its act or its default. If it is established that the cause of the immediate suspension did not exist, the suspension shall be lifted immediately and the Customer shall be exempted from the recurring Fees for its period or they shall be refunded to it.

18.4 Access to data during suspension. The Customer may not be deprived of exporting its data by reason of the suspension, except where the export itself is prohibited by order of a competent authority or constitutes a continuation of the violation or a security risk.

Article (19) — Exit: the Retrieval Window, Deletion and Continuity of Access

19.1 The Retrieval Window. Upon the expiry or termination of the subscription for any reason, the Company shall make available to the Customer — for a period of sixty (60) days from the effective date of the expiry or termination (the "Retrieval Window") — access to its Workspace in read-only mode for the export of its data in accordance with Annex (C), without fees. The Applications are not operated or published during this window.

19.2 The two notices. The Company shall notify the Customer in writing of the commencement of the Retrieval Window, and shall then remind it at least ten (10) days before its expiry, stating on each occasion the date of final deletion.

19.3 Deletion. After the expiry of the Retrieval Window, the Company shall delete Customer Data and the Customer's Applications from its operational systems within thirty (30) days, and from the backups according to their usual expiry cycle and within a period not exceeding a further ninety (90) days. The deletion shall be deemed final and irreversible. The Company shall provide the Customer — upon its written request — with a statement of completion of the deletion.

19.4 Statutory retention. The Company may retain whatever Applicable Laws require to be retained (such as accounting records, invoices and acceptance records) for the statutory periods, and whatever is necessary for the defence of its rights or for compliance with an order of a competent authority, with this remaining subject to the confidentiality obligations.

19.5 The Customer's responsibility for export. The Customer alone bears responsibility for exporting its data during the Subscription Term and the Retrieval Window. The Company shall not be liable for any data that the Customer did not export before deletion whenever it has sent the two notices set out in Clause 19.2 to its registered e-mail address or through the Platform in accordance with Article (28), and reliance shall be placed in this regard on the deemed receipt of the notice in accordance with Clauses 28.2 and 28.3, not on actual receipt.

19.6 Discontinuation of the Services. If the Company decides to discontinue the provision of the Platform entirely, it shall notify the Customer at least ninety (90) days in advance, shall refund the recurring Fees paid in advance for the unused period and the value of the purchased Credits that have not been consumed, and shall make the Retrieval Window available in full. If it is impossible for the Company to give notice for this full period for a cause beyond its reasonable control that could not be foreseen or averted — such as an order or decision of a competent authority requiring the discontinuation of the Services, or an event to which Article (26) applies — it shall notify the Customer with the longest period practically possible, stating the cause. This exception does not extend to a mere change in a provider's terms, prices or policies, or its discontinuation, where it can be replaced in accordance with Clauses 9.8 and 25.2. A notice period shorter than ninety (90) days shall not — in any case — result in any reduction of the Customer's right to the refund established in this Clause, of the Retrieval Window in full, or of what Clause 19.7 establishes.

19.7 Continuity of access to data upon discontinuation. The Company shall make commercially reasonable arrangements — including standing instructions to its infrastructure providers — to ensure that access to the Workspace in read-only mode for export purposes remains available throughout the Retrieval Window in the event that it discontinues the provision of the Services for any reason. The Customer acknowledges that the Company does not warrant the continued operation of the Applications in the event that it ceases its activity or is liquidated; that its obligation in that event is limited to making the export of data available to the extent permitted by Applicable Laws and its arrangements with the infrastructure providers; and that the Customer must keep independent copies of its data at all times.

19.8 The transition assistance service. The Company makes available — as an optional, separate service for a fee in accordance with the Price List or by written agreement — a transition assistance package comprising: custom export files according to the Customer's request; a written description, in business language, of the business rules that the Customer configured in its Application; an inventory of the enabled integrations and external interfaces and their functions; and technical support for an agreed period for reading and connecting the exported files. This service does not include — in any case — the delivery of any of Company Materials, the source code or executable code, the infrastructure and deployment files, or a description of the technical structure or architecture of the Platform or of the automated generation methods, and does not grant the Customer any licence or right in them. All of this is within the limits of what Annex (C) covers and without exceeding what Clause C-3 excludes, and without in any case including any description of the technical structure or architecture of the Platform, of the schemas of its databases, of the automated generation methods in it or of the Platform's internal system prompts.

Article (20) — Representations and Warranties

20.1 Mutual Representations. Each party represents that it possesses the capacity, authority and licences necessary to conclude and perform this contract.

20.2 The Company's Warranties. The Company warrants: that it provides the Services with reasonable professional care commensurate with the stage of the Platform disclosed in Article (4); that the Platform shall perform in its material respects in accordance with the Published Technical Documentation in the version in force at the start of the current Subscription Term; that it does not knowingly introduce malicious code into the Platform; that it applies the security and organisational controls set out in Annex (B); and that it makes the export of Customer Data available in accordance with Article (8) and Annex (C).

20.3 Remedying a Breach of Warranty. If the Company breaches Clause 20.2, its obligation — and the Customer's right — shall be limited to the Company making reasonable efforts to remedy the defect within thirty (30) days of a written notice describing it; if the remedy cannot be achieved, the Customer may terminate the affected part of the Services and recover the recurring Fees paid in advance for it for the unused period. This is without prejudice to the Customer's right to compensation within the limits of Article (23).

20.4 The Customer's Warranties. The Customer warrants that its use of the Services and its Published Applications is lawful; that it holds the rights and consents necessary in respect of Customer Data, its Inputs, its content and its domains; that it complies with Annex (A) and Annex (B); that it and its beneficiaries are not listed on any of the sanctions lists referred to in Clause 33.5 and do not act on behalf of anyone listed on them; that its registration data is correct; that it contracts for the purposes of its activity or business; and that it has read Article (4) and understood the nature of the Beta Phase.

Article (21) — Limits of Warranty

21.1 Except as expressly stated in Clause 20.2, the Company gives no other warranty — express or implied — in respect of the Services, the Platform, the Outputs, the Applications, the Published Applications or the hosting.

21.2 In particular, and subject to Article (4), the Company does not warrant: that the Services or the Published Applications will be free from errors, interruption or delay, or that they will be secure against every intrusion, or at all times free from malicious code; or that the Applications or the Outputs will achieve any particular result or commercial return, or be fit for the Customer's own purpose or for the needs of its activity or for the requirements of the laws applicable to it; or the accuracy, completeness or originality of the Outputs, or that they do not infringe the rights of third parties; or the continued availability of any third-party service, model, communication channel or integration, or the continuance of their terms, prices or behaviour; or the time required to configure any Application or the possibility of satisfying any particular requirement; or the preservation of any particular feature, interface or technical limit; or the Experimental Features and the Free Services in any respect.

21.3 The Customer acknowledges that, in its decision to contract, it relied on its independent evaluation of the Platform, on the Published Technical Documentation and on what was disclosed to it in Article (4), and not on any statement or promise — whether oral or written, including marketing materials, website pages, presentations, examples and demonstrations — that was not recorded in the Order Form, without prejudice to the obligations that Applicable Laws impose on both parties prior to contracting.

21.4 No provision of this Article extends to what Applicable Laws do not permit to be excluded, nor to Fraud or Gross Negligence.

21.5 Consistency of Marketing Materials. The Company undertakes that its marketing materials, its website pages and its technical documentation shall be consistent with the Basic Acknowledgement and with Articles (2) and (7), and shall not contain anything implying that the Customer owns the code, the Application or the system, or has a right to obtain it or to host it outside the Platform. The Company further undertakes that the Basic Acknowledgement shall be displayed to the Customer in the registration flow before payment, and that a statement shall be displayed to it before payment containing: the total price inclusive of value added tax (VAT) and all Fees; the Subscription Term; the automatic renewal mechanism and how to cancel it; and the steps required to be taken to conclude the contract — as required by the E-Commerce Law.

Article (22) — Service Level and Availability

22.1 During the Beta Phase. During the Beta Phase the Company does not commit to any availability percentage, response time or deadline for fixing errors, and its obligations are limited to exercising reasonable care in accordance with Article (4). No credits or compensation shall be due for interruption of the Services during this phase, save as provided in Clauses 4.8 and 22.7 and save what Applicable Laws do not permit to be excluded.

22.2 After General Availability. After General Availability is announced in accordance with Clause 4.6, the Company may publish a service level policy in which it specifies a target availability level for the Platform, the exceptions to it, and the service credits to be deducted from the Customer's Fees to which the Customer is entitled where that level is not achieved. Where such a policy is published, the service credits prescribed in it shall be the Customer's sole and exclusive remedy for failure to achieve the availability level, and they shall not be combined with any other compensation for the same event, subject to Clause 23.5. Until such a policy is published, the Company's obligation remains an obligation to exercise reasonable care without a specified percentage.

22.3 Maintenance. The Company shall endeavour to announce scheduled maintenance at least forty-eight (48) hours in advance through the Platform or the service status page, and to carry it out outside peak hours where possible, and it may carry out emergency maintenance without prior notice to address a security vulnerability or a serious defect. Interruption of the service during maintenance shall not be deemed a breach.

22.4 Prolonged Interruption after the Expiry of the Restrictions Specific to the Beta Phase. By way of exception to the foregoing, if the Customer is wholly unable to access its Workspace and to operate its Published Applications for a period exceeding seventy-two (72) consecutive hours after the expiry of the restrictions specific to the Beta Phase in its respect in accordance with Clause 4.6 or Clause 4.9, for a cause attributable to the Company that does not fall within the exceptions set out in Clause 22.5, the Customer may terminate its subscription by written notice within thirty (30) days of the end of the interruption, with a refund of the recurring Fees paid in advance for the unused period and the value of the purchased Credits that have not been consumed, and the full Retrieval Window shall be made available to it. This — together with the limits prescribed by Article (23) — shall be the sole remedy for prolonged interruption.

22.5 Exceptions. The following shall not be deemed an interruption for which the Company is liable, where attributable to: scheduled or emergency maintenance; or the act of the Customer or its users, or its devices, network, domain, settings or Application; or interruption or failure of third-party services, Model Providers, channels, infrastructure, public telecommunications networks, domain registrars or issuers of encryption certificates; or cyber-attacks that cannot be repelled by exercising reasonable care; or Force Majeure; or lawful suspension in accordance with Article (18); or the Experimental Features and the Free Services.

22.6 Measurement. The records of the Company's monitoring systems shall be the reference for determining the duration of interruptions unless the Customer proves otherwise, and the Company shall make available — where possible — a service status page showing incidents and scheduled maintenance.

22.7 Outage of the Studio or the Configuration Tools Alone. The Studio, the automated generation tools and the configuration interfaces are tools for configuring and modifying Applications. Their outage, inaccessibility, slowness or change in behaviour — while the Published Applications remain operational and access to Customer Data and its export remain available — shall not be deemed an interruption within the meaning of Clauses 4.8 and 22.4, no service credits shall be due for it, and the Customer shall not be entitled to any compensation, refund or reduction of the Fees for it except as set out in this Clause, since the Fees are consideration for the availability of the Platform as a whole and not for the availability of any particular tool at all times. The Company shall in all cases exercise reasonable care to restore the availability of the Studio. If the Customer's total inability to access the Studio continues — for a cause attributable to the Company that does not fall within the exceptions set out in Clause 22.5 — for a period exceeding fifteen (15) consecutive days, the Company shall not be entitled to the recurring Fees for the days of inability following the fifteenth day, and their value shall be deducted from the Fees for the following Subscription Term or refunded to the Customer upon termination. If that inability continues for a period exceeding thirty (30) consecutive days, the Customer may — by written notice within thirty (30) days of the end of the inability — terminate its subscription with a refund of the recurring Fees paid in advance for the unused period and the value of the purchased Credits that have not been consumed in accordance with Clause 16.9, and the full Retrieval Window shall be made available to it. The periods of inability under this Clause shall be calculated from the start of the inability as shown by the Company's monitoring records or from the Customer's written notification, whichever is earlier. What is prescribed by Clauses 4.8 and 22.4 and this Clause — together with the limits prescribed by Article (23) — shall constitute the entirety of what the Customer is entitled to, within the scope of contractual liability, for any outage or interruption of the Platform, of any of its tools or of the Published Applications, and more than one remedy shall not be combined for the same event in accordance with Clause 23.7. This Clause is without prejudice to Clause 22.2 where a service level policy is published, to Clause 20.2 and the remedy prescribed in Clause 20.3, to the provisions of Article (30), to liability for Fraud or Gross Negligence, or to what Applicable Laws do not permit to be excluded.

Article (23) — Limitation of Liability

Material provision — please read carefully. This allocation of risk was taken into account in determining the Fees, and the Customer has acknowledged it by an independent acknowledgement.

23.1 Basis. The parties acknowledge that the Fees were determined on the basis of the allocation of risk set out in this Article and in Article (4), and that they would have been considerably higher without it, and that the parties agreed — following the disclosure contained in Article (4) — that the Excluded Losses below fall outside the scope of the agreed compensation, and that they were not taken into account in determining the Fees.

23.2 Excluded Losses. Neither party shall be liable to the other — within the scope of contractual liability — for: loss of profit, loss of revenue, loss of opportunity or of a transaction, anticipated savings not realised, damage to reputation or goodwill, stoppage or disruption of business, the cost of procuring substitute services or systems or of re-creating the Application with a third party, loss of or damage to data to the extent that the injured party could have avoided it by retaining an independent copy in accordance with Clause 8.3, losses resulting from Outputs of the automated generation tools or the AI Agents that the Customer did not review in accordance with Article (9), claims by the Customer's End Users against it arising from the Customer's configuration of its Application, from its content, from Outputs it did not review in accordance with Article (9), from its breach of its obligations towards them, or from a lawful suspension or termination in accordance with Articles (17) and (18); or fines and penalties imposed on the injured party by reason of its own breach of its statutory obligations. Provided that the exclusion relating to End User claims shall not extend to what the Customer is actually obliged to pay them under a final court judgement, an order of a competent authority or a settlement approved by the Company in writing, where that arises directly from the Company's breach of Clause 20.2 or of Annex (B), in which case it shall be subject to the caps set out in this Article. The Company shall not unreasonably withhold its approval of a reasonable settlement.

23.3 The General Cap. The maximum aggregate liability of either party towards the other for all claims arising out of or in connection with this contract, taken together, for all events in any twelve (12) month period, shall be the higher of: the total Fees actually paid by the Customer to the Company during the twelve (12) months preceding the first event giving rise to the claim; or five thousand US dollars (USD 5,000) or its equivalent.

23.4 The Higher Cap. By way of exception to Clause 23.3, the maximum liability for the following shall be twice the General Cap, with a minimum of twelve thousand five hundred US dollars (USD 12,500) or its equivalent: the Company's breach of the confidentiality obligations in Article (15) or of the data protection obligations in Annex (B); and the Company's indemnification obligation in respect of intellectual property claims in accordance with Clause 24.2.

23.5 What Is Not Subject to the Caps. First, neither the caps nor the exclusions in this Article shall apply to: Fraud or Gross Negligence; or death or bodily injury; or any liability that Applicable Laws do not permit to be limited or excluded. Second, the caps set out in Clauses 23.3 and 23.4 shall not apply — with the exclusions in Clause 23.2 remaining in effect, save as provided in Clause 24.1 in respect of direct losses and documented costs — to: the Customer's obligation to pay the Fees due; or the Customer's infringement of the Company's intellectual property rights or its breach of the restrictions relating to Company Materials in Clause 6.2; or the Customer's breach of the confidentiality obligations; or the Customer's indemnification obligations in accordance with Clause 24.1 and in accordance with the specific terms of any of the Platform's products, subject to the limit prescribed by Clause 24.6 on the Customer's obligation to indemnify the Company for its own losses; or the Company's breach of its obligation to make the export of Customer Data available in accordance with Clause 8.2 and Clauses 19.1, 19.2 and 19.3 and Annex (C), as set out in Clause C-5.

23.6 Free Services and Experimental Features. By way of exception to Clause 23.3, the maximum liability of the Company for Free Services or Experimental Features designated as such shall be one thousand US dollars (USD 1,000) or its equivalent.

23.7 No Multiplicity. Compensation for a single event shall not be multiplied under more than one clause or more than one document, and any Fees or credits that have been refunded to the Customer for the same event shall be deducted from any compensation.

23.8 Mitigation and Contribution. Each party shall make reasonable efforts to mitigate loss, and the liability of either party shall be reduced to the extent of the contribution of the other party or of third parties to the occurrence or aggravation of the loss, and particular regard shall be had in this respect to whether the Customer retained independent copies of its data, reviewed the Outputs of the Platform's tools, tested its Application before publishing it, and complied with what Article (4) prescribes.

23.9 Claim Period. The parties acknowledge that promptly drawing attention to any event facilitates its rectification, and the Customer shall notify the Company of any event which it considers gives rise to a claim on its part within a reasonable period of becoming aware of it, without delay resulting in the forfeiture of the right; rather, any aggravation of the loss resulting from the delay shall be taken into account in assessing compensation.

23.10 Independent Acknowledgement. The Customer acknowledges that it has read this Article and understood its effect, and that it was available to it before contracting; where the Customer contracted through an Order Form, it was given the opportunity to enquire about this Article and to negotiate it; and in all cases the Company allows the Customer — before contracting — to request a discussion of this Article via the email address set out in Article (34).

Article (24) — Indemnification

24.1 Indemnification of the Company by the Customer. The Customer shall indemnify, defend and hold harmless the Company, its directors, employees and Sub-processors from and against any third-party claims, actions or regulatory proceedings, and the resulting losses, fines and reasonable costs (including legal fees), arising from: the breach by the Customer or its users of Annex (A) or of Article (13); or Customer Data, its Inputs, its content or its Published Application, including any allegation that they infringe the rights or privacy of third parties or violate any law; or claims by the Customer's End Users or those dealing with it relating to its Applications, to what its AI Agents have produced, or to the services or content it has provided to them; or the Customer's breach of its obligations as a Controller or its breach of Annex (B); or its use of a domain to which it has no right; or its breach of sanctions laws or of the licences for its activity; or the suspension by an infrastructure, channel or model provider of the Company's accounts or domains by reason of the Customer's use, including losses incurred by the Company towards its other Customers. The exclusions set out in Clause 23.2 may not be invoked in respect of this Clause with regard to the direct losses and documented costs incurred by the Company as a result of the Customer's act.

24.2 Indemnification of the Customer by the Company. The Company shall defend and indemnify the Customer against third-party claims alleging that the Platform itself — when used in accordance with this contract — infringes a third party's intellectual property right registered or protected in the Kingdom of Saudi Arabia. This obligation does not cover the Outputs, nor the code, technical structures or components generated automatically by the Platform in response to the Customer's Inputs, nor the Applications or the Published Applications, nor open-source components, nor the logic or content configured by the Customer or the data it enters, nor the content it publishes on its domain.

24.3 Exceptions to the Company's Indemnification. Clause 24.2 shall not apply where the claim arises from: Customer Data, its Inputs, its Instructions or its content; or third-party services or materials that the Customer introduced or requested to be connected; or use of the Platform in breach of the contract; or continued use after the Customer has been notified of an alternative that removes the allegation; or the Experimental Features or the Free Services.

24.4 Right to Remedy. Upon a claim arising under Clause 24.2, the Company may — at its own expense — obtain the right necessary for continued use, or modify the Platform so as to remove the allegation without materially impairing its functionality; if that cannot be achieved by reasonable efforts, it may terminate the affected part on thirty (30) days' notice with a refund of the recurring Fees paid in advance for it for the unused period, and this — together with Clause 24.2 — shall constitute the Company's entire obligation in respect of intellectual property claims.

24.5 Procedural Conditions. Entitlement to indemnification is conditional upon: notifying the indemnifying party in writing of the claim without undue delay; enabling it to conduct the defence and settlement (provided that it does not enter into a settlement that admits the liability of the other party or imposes an obligation on it without its consent); and reasonable cooperation with it at its expense. Delay in notification shall not result in forfeiture of the right; rather, the indemnification shall be reduced to the extent that the delay is proven to have prejudiced the position of the defence.

24.6 Caps. The Company's indemnification obligation under this Article is subject to the cap set out in Clause 23.4. The Customer's obligations to indemnify for third-party claims, actions and regulatory proceedings and their consequences are not subject to any cap, in accordance with Clause 23.5. As for the Customer's obligation to indemnify the Company for its own losses arising from the suspension by an infrastructure, channel or model provider of the Company's accounts or domains by reason of the Customer's use — including losses incurred by the Company towards its other Customers — its maximum, for all events in any twelve (12) month period, shall be five times the total Fees due from the Customer for that period, or twenty-five thousand US dollars (USD 25,000) or its equivalent, whichever is higher. This limit shall not apply to what arises from: the serious prohibited uses set out in Clause A-2; or the Customer's infringement of the Company's intellectual property rights or its breach of the restrictions set out in Clause 6.2; or its breach of the sanctions laws and export controls set out in Clause 33.5; or the Customer's Fraud or Gross Negligence; or its obligation to pay the Fees due. All of the foregoing is subject to the provisions of Clause 23.5 (First).

Article (25) — Third-Party Services and Integrations

25.1 External Services. The Platform may enable connection with third-party services (such as payment gateways, e-invoicing platforms, communication and messaging channels, telecommunications providers, sign-in services, cloud services and domain registrars). Such services are subject to the terms of their providers, the relationship in respect of them is directly between the Customer and their providers, and the Company is neither a party to them, nor a guarantor of them, nor responsible for their policies, fees or availability.

25.2 No Liability for Third Parties. The Company shall not be liable for the acts or omissions of external service providers or Sub-processors, nor for changes to their terms, prices, policies or interfaces, nor for their suspension or discontinuation of the service or discontinuation of support for a particular version, unless that is attributable to the Company's breach of its own obligations. The Company may replace any external service provider, model or component with another, or discontinue any integration that is no longer available, viable or secure, on reasonable notice where possible, without this being deemed a breach; all of which is subject to Clause B-6 of Annex (B) where the replacement or discontinuation results in a change in Sub-processors, and to Clause 9.8 in respect of models.

25.3 Payment Gateways in the Customer's Applications. Where the Platform enables the Customer's Applications to be connected to payment gateways, the Company is limited to providing the technical connection between the Application and payment gateways operated by payment service providers licensed by the Saudi Central Bank, or licensed by the competent authority in the Customer's country in a manner consistent with the Applicable Laws in the Kingdom where the Customer or its End Users are located in the Kingdom. The Company is a provider of technical services; it does not execute payment transactions, does not issue payment instruments or electronic money, does not engage in the aggregation, collection or initiation of payments on the Customer's behalf, and does not hold, receive or control the funds of the Customer or its End Users at any time. The Customer contracts directly with the payment service provider of its choice and bears sole responsibility for that relationship and all that relates to it, including registration, verification, refunds, disputes, settlements and fees, and compliance with card data security standards. The Customer may not use the Services in a manner that would make the Company a payment service provider subject to licensing, and shall indemnify the Company against any claim or proceeding arising therefrom.

25.4 E-invoicing for the Customer. Where the Customer's Applications are used to issue its electronic invoices, the Customer — as the taxpayer — shall be solely responsible for its compliance with the E-Invoicing Regulation and the requirements of the Zakat, Tax and Customs Authority, for the correctness, completeness and retention of the content of its invoices, for reviewing them before issuance, and for reporting to the Authority any malfunction that requires reporting. The Company shall endeavour with reasonable efforts to keep the integration compatible with the specifications published by the Authority, without warranting continued compatibility when the requirements change, and without being licensed, accredited or designated by the Authority, and the inclusion of any solution in any indicative list shall not result in the transfer of any obligation to the Company. The Customer may not amend or delete an issued invoice except by a credit or debit note in accordance with the Authority's requirements, and invoices issued on the Platform are designed so that they cannot be amended after issuance. The Company shall not be liable for any penalty arising from data entered by the Customer, from its actions or from changes in the Authority's requirements; and the maximum liability of the Company for any defect in the e-invoicing integration attributable to it — for all events in any twelve (12) month period — shall be twelve thousand five hundred US dollars (USD 12,500) or the General Cap set out in Clause 23.3, whichever is lower.

25.5 Communication and Messaging Services. The Platform provides software functions that integrate with communication and messaging services; the Company does not provide transmission, numbers, numbering or interconnection with public networks, does not sell call minutes, and does not contract with the Customer for the provision of a telecommunications service. The Customer is responsible for obtaining telecommunications services and numbers from service providers licensed by the Communications, Space and Technology Commission. The Customer acknowledges that it is solely responsible for obtaining the licences, permits or registrations required for its activity from the Commission, including the registration of call centre services where applicable, and for providing the Commission with the data it requests. The Customer may in no event resell communication or messaging services, transmission capacity or numbers to third parties, nor use the Services to provide a telecommunications service to third parties. Where third-party messaging channels are used (such as WhatsApp Business through an approved solution provider, or SMS through approved providers), the Customer shall comply with the policies and terms of those channels as amended from time to time and with the rules on unsolicited messages and calls, and shall bear the consequences of breaching them, including the suspension of its channel or of the Company's channels and accounts by reason thereof. The details of this are subject to the specific terms of the customer relationship management system where applicable.

25.6 Regulatory Status of Hosting. The Company provides the Services as software services operated on infrastructure provided by third-party providers. The Company shall comply with the regulatory requirements applicable to it concerning the provision of cloud computing services in the Kingdom, and shall complete any registration or notification required with the competent authorities where applicable to it. No provision of these Terms shall be deemed an acknowledgement that any particular regulatory classification applies to the Company or to the Services, nor shall it create for the Customer any right to a particular classification or registration level or to its continuation. The Customer alone shall bear responsibility for classifying its data and content according to their sensitivity as required by the Applicable Laws that apply to it and to its sector, and for notifying the Company in writing before entering any data whose classification requires additional controls, in accordance with Clauses 3.7 and 14.4.

25.7 Recording of Calls and Communications. Where the Customer configures in its Application the recording of calls or the retention or transcription of their content, it shall — before recording — clearly notify all parties to the call that it is being recorded and of the purpose of the recording, obtain the consent required by Applicable Laws, allow objection to the recording, and set an appropriate retention and deletion period. The Customer acknowledges that the confidentiality of correspondence and communications is protected under Applicable Laws, and that recording or interception without a legal basis may constitute an offence punishable under the Anti-Cyber Crime Law, and not merely a contractual breach. The Company does not verify the Customer's satisfaction of these requirements and shall not be liable for them, and the Customer shall indemnify the Company against any claim or proceeding arising from breach of them in accordance with Clause 24.1.

25.8 Components and Application Programming Interfaces. Where the Company makes available application programming interfaces (APIs) or access keys, the Customer is responsible for the confidentiality of its keys and for what is done with them; the interfaces are subject to the published usage limits, and the Company may change or discontinue them on reasonable notice where possible.

Article (26) — Force Majeure

26.1 Neither party shall be liable for delay in performing its obligations or for non-performance where this is attributable to a cause beyond its reasonable control that could not be foreseen or prevented, including: natural disasters, epidemics, wars and civil disturbances, acts or orders of governmental authorities, wide-scale interruption of telecommunications or power networks, large-scale cyber-attacks that cannot be repelled by exercising reasonable care, and the cessation of third-party infrastructure, model, channel or payment service providers or the change of their policies or their suspension of service in a manner that makes provision of the Service impossible, provided that the affected party makes reasonable efforts to mitigate the effect and resume performance.

26.2 The affected party shall notify the other party of the event and its expected effect within five (5) Business Days of becoming aware of it, by any available means.

26.3 Force Majeure does not relieve the Customer from paying the Fees due for services provided to it before the event.

26.4 If the event continues for more than sixty (60) consecutive days, either party may terminate the contract by written notice, the Company shall refund the recurring Fees paid in advance for the unused period, and the Retrieval Window shall be made available to the extent practicable.

26.5 The acts of the AI Agents or of the Platform's tools themselves shall not be deemed Force Majeure, without prejudice to what Article (4) and Article (9) prescribe regarding their nature.

Article (27) — Amendment of the Terms and the Services

27.1 Amendment of the Terms. The Company may amend these Terms or their Annexes by written notice to the Customer — to its registered email or through the Platform — at least thirty (30) days before the effective date of the amendment, together with the publication of the new version, its version number and a summary change log.

27.2 Material Amendments. If the amendment is material in a manner that diminishes the Customer's rights or increases its obligations (including amendment of Articles (7), (19), (23) and (31) or of the Fees), it shall apply to the Customer only from the start of its next Subscription Term, and the Customer shall be asked to accept it electronically in accordance with Article (5) before it takes effect; save that amendment of the Price List shall be governed by Clause 16.10 alone. During the Beta Phase, the notice period for material amendments may be at least fifteen (15) days, with the Customer's right set out in Clause 27.3 remaining.

27.3 Right of Refusal. The Customer — if it does not accept a material amendment — may terminate its subscription before the effective date of the amendment without any penalty, with a refund of the recurring Fees paid in advance for the unused period, and the previous Terms shall apply to it until the date of termination.

27.4 Non-Material and Statutory Amendments. The following may take effect immediately — with notification thereof: amendments required by Applicable Laws or by orders of the competent authorities, and amendments limited to the correction of spelling or formal errors, the updating of contact details and links, the addition of a new optional feature that does not diminish an existing feature, or a clarification that does not change the meaning. The Customer may object in writing within thirty (30) days of the notification if it considers the amendment to be material, in which case it shall be treated as a material amendment in accordance with Clause 27.2.

27.5 Development of the Services. The Company may update and develop the Platform and add, modify or discontinue features, subject to Article (4) during the Beta Phase. If the Company — after General Availability — discontinues a material feature of the subscribed Plan without an equivalent substitute, it shall notify the Customer at least sixty (60) days in advance, and the Customer may terminate the subscription with a refund of the recurring Fees paid in advance for the unused period.

27.6 The entry into effect of any material amendment shall not be inferred from the Customer's mere continued use without documented acceptance in accordance with Article (5), save as provided in Clause 27.4.

27.7 Amendment of the Published Technical Documentation. The Published Technical Documentation shall apply to the Customer in the version in force at the start of its current Subscription Term. No amendment to it that diminishes an existing feature it uses, reduces the resource or Credit limits prescribed for its Plan, increases the rate of Credit consumption, narrows the scope of export set out in Annex (C) shall apply to it during that term; none of the foregoing shall apply except from the start of the next Subscription Term and after written notice of not less than thirty (30) days, and the Customer shall then have the right set out in Clause 27.3. Anything that is an addition, improvement or correction that does not diminish the foregoing, or that is required by Applicable Laws or by an urgent security necessity, may take effect immediately, with notification thereof. The Company shall retain a dated and numbered copy of each version of the Published Technical Documentation and shall make it available to the Customer upon request. The Published Technical Documentation shall be published in Arabic, a translation of it may be published, and in the event of any discrepancy the Arabic text shall prevail.

Article (28) — Notices

28.1 Notices shall be in writing in the Arabic language (a translation may be attached, or notices may be sent in English to a Customer that has chosen English as the language of its account, with the Arabic text remaining the authoritative text in the event of any discrepancy), and shall be sent to the Company at the e-mail address set out in Article (34), with an indication in the subject line of the message that it is a legal notice, or at its postal address set out therein; and to the Customer at its e-mail address registered in the account or through the notifications centre in the Platform.

28.2 An electronic notice shall be deemed received on the Business Day following its dispatch unless the contrary is proven, and a postal notice after five (5) Business Days from its deposit with a reliable carrier. A notice published within the Platform shall be deemed received upon the first login following its publication, and in all cases after five (5) days from its publication.

28.3 The Customer shall keep its registered e-mail address valid and monitored, and shall bear the consequences of neglecting to do so.

Article (29) — Assignment

29.1 The Customer may not assign the contract, or any of its rights or obligations thereunder, to a third party, nor transfer its account or its Workspace to another person, without the prior written consent of the Company. The Customer may — without prior consent, and by written notice to the Company thirty (30) days in advance — assign the contract to its universal successor or to the person to whom its business passes in its entirety by merger, acquisition or transfer of assets, provided that the assignee undertakes in writing to be bound by these Terms, and that the prices of the Price List in force shall apply to it from the beginning of the following Subscription Term. The Company may — within thirty (30) days from the date of the notice — reject the assignee by a reasoned written notice if the assignee is a competitor of the Company, or is subject to any of the sanctions lists referred to in Clause 33.5, or does not satisfy the eligibility conditions set out in Article (3); and a rejection issued without a statement of its reason, or after the expiry of this period, shall be deemed void and of no effect. The Company may terminate the subscription by notice of ninety (90) days, with a refund of the recurring Fees paid in advance for the unused period and the value of the purchased Credits that have not been consumed, if control of the Customer passes to a competitor of the Company.

29.2 The Company may assign the contract to an affiliate or to a successor to its business, or in the event of a merger, acquisition or transfer of assets, provided that the Customer is notified, and provided that the assignee undertakes to be bound by all of the Company's obligations, in particular Articles (15), (19) and (23). The Customer may terminate its subscription without penalty, with a refund of the recurring Fees paid in advance for the unused period, if the assignment results in a material adverse change in the Services within ninety (90) days of the notification.

Article (30) — Mandatory Provisions

This provision is self-standing and shall prevail over any provision in these Terms or their Annexes that conflicts with it.

30.1 Nothing in these Terms shall be deemed an exemption of any party from liability for Fraud or Gross Negligence, nor shall anything therein prejudice the liability for harmful acts which Applicable Laws do not permit to be excluded by agreement.

30.2 Nothing in these Terms shall be deemed a waiver of a right established by a mandatory provision, nor an agreement to exclude the power of the competent courts, established by law, to amend unfair terms in adhesion contracts, or to assess and adjust agreed compensation, or to reduce an onerous obligation to a reasonable level in the event of unforeseen circumstances. The parties acknowledge that they are aware of these powers, and that balance and proportionality were observed in drafting these Terms, and this acknowledgement shall not be construed as a waiver of any substantive defence of any party.

30.3 If any provision or part thereof is adjudged void, the remaining provisions shall remain in force, and the void provision shall be replaced by the closest lawful provision that achieves the common intention of the parties, in particular the survival of the Customer's obligation to pay the Fees and the survival of the limits of liability to the fullest extent permitted by the laws.

30.4 All provisions of these Terms and their Annexes shall be read within the limits of the mandatory Applicable Laws, and no provision shall be construed as detracting from a right established for the Customer by a mandatory provision in its capacity as a consumer where that capacity applies to it by law.

Article (31) — Governing Law and Dispute Resolution

31.1 Governing Law. These Terms and their Annexes — in their interpretation and performance and in all that arises from or relates to them — shall be governed by the laws of the Kingdom of Saudi Arabia.

31.2 Amicable Settlement. The parties shall — before resorting to the courts — endeavour to settle any dispute amicably within thirty (30) days from a written notice of the dispute served by one of them on the other, through an authorised representative of each party.

31.3 Jurisdiction. If amicable settlement is not reached within the said period, the Commercial Court in the city of Riyadh, Kingdom of Saudi Arabia, shall have jurisdiction to adjudicate the dispute, without prejudice to any mandatory jurisdiction established by law.

31.4 Interim Measures. This Clause shall not prevent either party from seeking urgent interim or precautionary measures from the competent judicial authority, in particular to protect intellectual property or confidential information or to stop an infringing use.

31.5 This Clause shall not detract from the right of either party to have recourse to the competent regulatory authorities.

Article (32) — Language

32.1 These Terms have been drawn up in the Arabic language, and the Arabic text is the authoritative text.

32.2 If the Company issues a translation into any other language, it is for convenience only, and in the event of any discrepancy in interpretation or performance the Arabic text shall apply. The Company shall make the full authoritative Arabic text available for review in the registration flow before acceptance, and shall allow the Customer to choose the Arabic language for its account interface and for the notices addressed to it. A Customer that has chosen to review a translation acknowledges that the Arabic text is available to it and that it is bound by it,. The Arabic text is published on the Platform and is available to the Customer at all times.

32.3 Upon each amendment, the Company shall update the authoritative Arabic text and any published translation of it at the same time where possible, and a translation that has not been updated may not be relied upon.

Article (33) — General Provisions

33.1 Entire Agreement. These Terms and their Annexes, the Order Form — if any — and the terms specific to the Platform's products constitute the entire agreement between the parties with respect to their subject matter, and supersede every prior agreement, understanding or offer in respect thereof, subject to the obligations of good faith and pre-contractual disclosure imposed by Applicable Laws.

33.2 No Waiver. The delay of any party in exercising a right, or its refraining from exercising it, shall not be deemed a waiver thereof, and the waiver of a right in one instance shall not be deemed a waiver thereof in any other.

33.3 Third Parties. These Terms do not confer any right on anyone other than the parties thereto, except as expressly provided for the benefit of the Company's directors, employees and Sub-processors in Article (24).

33.4 Dates. Periods shall be calculated according to the Gregorian calendar, with their Hijri calendar equivalents indicated for convenience, and in the event of any discrepancy the Gregorian date shall prevail.

33.5 Compliance and Sanctions. The parties shall comply with the anti-money laundering and counter-terrorism financing laws in force in the Kingdom, and with the sanctions laws and export controls in force in the Kingdom, as well as with the sanctions laws and export controls to which the Company or its Sub-processors or the providers of its infrastructure, models or channels are subject by virtue of their places of establishment or the origin of their technologies, to the extent that this affects the Company's ability to provide the Services. The Customer may not use the Services for the benefit of any person or entity listed on any of the sanctions lists referred to above, or in a territory subject to a comprehensive embargo, or to make advanced computing capabilities available in violation of those controls.

33.6 Insurance. The Company shall endeavour to maintain reasonable insurance coverage commensurate with the nature of its business, and this shall not be deemed an expansion of the limits of its liability established in Article (23) nor an undertaking towards the Customer to maintain a particular level of coverage.

33.7 Electronic Copies. This contract and the Order Forms may be concluded and documented by electronic means, and electronic copies and authenticated electronic signatures shall be deemed equivalent to the original.

33.8 Severability. Each provision of these Terms is independent of the others, and the invalidity of any one of them shall not affect the enforceability of the remainder in accordance with Clause 30.3.

Article (34) — Company Details and Contact

34.1 The contracting company under these Terms is APEX Operations Company, a single-person limited liability company incorporated and registered in the Kingdom of Saudi Arabia under the commercial registration bearing Unified Number 7051961980, registered for value added tax (VAT) under tax registration number 314285795400003, and whose address is: Riyadh, King Salman District, Ibn Zaydan Street, Postal Code 12443, Kingdom of Saudi Arabia.

34.2 The designated e-mail address for all correspondence, notices, support requests and enquiries relating to these Terms is: [email protected]. A legal notice shall be addressed to this e-mail address, stating its nature in the subject line of the message. Additional contact channels — if any — shall be published on the Platform's website.

34.3 The following shall be published on the Platform's website, in a prominent position easily accessible from every page, and in fulfilment of the requirements of Article (6) of the E-Commerce Law: the Company's legal name, its address, the means of contacting it, the name of the commercial register in which it is recorded and its number, and its value added tax (VAT) registration number. The inclusion of these details in these Terms shall not dispense with their publication on the website.

Annex (A) — Acceptable Use Policy

A-1 Scope of Application. This Policy applies to every use of the Platform, the Applications, the Published Applications and the AI Agents by the Customer and its Authorised Users, and to all content entered into the Platform, created through it or published on it. The Customer shall be responsible for the compliance of its users and its End Users with this Policy to the extent that they use its Applications, and shall bind its End Users — in the terms of use of its Published Applications — to restrictions no less stringent than those set out in this Policy.

A-2 Serious Prohibited Uses. It is absolutely prohibited — and shall entail immediate suspension in accordance with Clause 18.2 and termination in accordance with Clause 17.3 — to use the Platform, or to publish an Application that is used, for: unlawful access to any system, network, account or data, or the interception of data, or any attempt to do so; or disrupting the Platform or its networks, or obstructing access to it or to any service, including denial-of-service attacks, deliberate excessive consumption of resources, or unauthorised penetration testing; or damaging, deleting or modifying data without authorisation, or creating, disseminating or distributing malicious code; or fraud, impersonation, extortion, defamation or invasion of privacy, or the misappropriation of funds or financial data by unlawful means, or phishing; or producing, publishing or promoting material that is contrary to public morals or pornographic, or material relating to the sexual exploitation of children in any form whatsoever, including that generated automatically, or gambling, or trafficking in human beings, narcotics or weapons; or supporting, financing or promoting terrorism, or any act that prejudices the internal or external security of the Kingdom or its public order, or that offends religion or the State and its symbols; or developing weapons or hazardous materials, or promoting violence, hatred or discrimination; or violating sanctions laws or export controls. The Customer acknowledges that many of these acts constitute offences punishable under the Anti-Cyber Crime Law and other laws, and not merely a contractual breach.

A-3 Other Prohibited Uses. The following is likewise not permitted. First — in the field of advice and consequential decisions: using the Platform or the AI Agents to provide advice that requires a professional licence (such as personalised medical, legal or financial advice) without qualified licensed supervision; or making automated decisions with a material effect on the rights of individuals (such as employment, credit, insurance, treatment or access to services) without effective human review; or facial recognition, biometric identification or emotion inference without a legal basis and express consent. Second — in the field of deception and communications: presenting artificial intelligence Outputs as being produced by a human in a context that misleads the recipient, or operating an AI Agent that claims to be human; or sending messages or making communications that are unsolicited or that violate the rules of the Communications, Space and Technology Commission or the policies of messaging channels; or influencing electoral or political processes or operating disinformation campaigns. Third — in the field of content and rights: publishing content that infringes the intellectual property rights, trade secrets or personal rights of third parties, or that is contrary to public morals, the prevailing values in the Kingdom or the provisions of Islamic Sharia; or collecting personal data or crawling websites without a legal basis, or circumventing technical means that restrict access. Fourth — in the field of the Platform's security and reputation: circumventing the safety, protection or filtering controls in the Platform or in the models of the Model Providers, or using Inputs and Outputs to train competing models; or using the Published Applications as a mirror or proxy for third-party content or to conceal its source; or any use that exposes the Company to the suspension of its accounts or domains with the Model Providers, communication channels or infrastructure providers, or to the classification of its domains as a source of unsolicited messages.

A-4 Data Subject to Special Controls. Health, biometric, genetic or credit data, data of minors or any other sensitive data may not be entered, nor may the Platform be used in clinical medical activities or in financial activities subject to licensing, except in full compliance with the consents and controls imposed by Applicable Laws, and with prior written notification to the Company in accordance with Clause 14.4.

A-5 Resource Limits. The Customer shall comply with the limits of the Plan, and may not engage in use that imposes an unusual burden on the infrastructure or affects the experience of other Customers, including mining, running background processes unrelated to its business, automated use beyond the published limits, and using the Published Applications to store files or stream content unrelated to their function.

A-6 Enforcement. Upon suspicion of a violation of this Policy, the Company may — according to the gravity of the violation — issue a warning, restrict the feature concerned, remove the infringing content, cease the publication of the Application, suspend in accordance with Article (18), or terminate in accordance with Article (17), and report in accordance with Clause 13.3. The Company shall observe gradation and proportionality where the gravity of the violation does not require immediate intervention.

A-7 Reporting Violations and Vulnerabilities. Any violation of this Policy or any security vulnerability shall be reported to the e-mail address set out in Article (34), and the Company shall consider the report within a reasonable period. A person who discovers a vulnerability may not exploit it or disclose it publicly before it has been remedied.

Annex (B) — Personal Data Processing Addendum

B-1 Preamble. This Annex sets out the provisions governing the processing by the Company (the "Processor") of the personal data contained within Customer Data on behalf of the Customer (the "Controller"), in implementation of the requirement of the Personal Data Protection Law and its Implementing Regulations for a written agreement between the Controller and the Processor. This Annex shall prevail over the rest of the Terms with respect to the processing of personal data.

B-2 Details of Processing. The purpose of the processing is to make the Platform and the Services available to the Controller, to host, operate and publish its Applications, to carry out its documented Instructions, to store, back up and restore data, and to provide technical support. The categories of data subjects are the Controller's employees and its Authorised Users, its End Users, its customers and its contacts, and the persons whose data are entered into the Applications. The categories of data are whatever the Controller enters or collects through its Applications, and may include identity and contact data, dealings and transaction data, correspondence, interaction logs, and any other categories determined by the Controller through its configuration of its Applications; sensitive data shall not be processed except in accordance with Clause 14.4. The duration of the processing is the Subscription Term, the Retrieval Window and the deletion period set out in Article (19). The nature of the processing is collection, storage, organisation, retrieval, display, transfer, copying and deletion according to the Controller's configuration and Instructions.

B-3 Instructions. The Processor shall process personal data only in accordance with the Controller's documented Instructions, and these Instructions consist of these Terms, the Order Form if any, and the Controller's configuration of its Applications, its settings and its use of the Platform. The Controller acknowledges that configuration choices are deemed Instructions, and that the Processor is not obliged to assess their lawfulness. If the Processor considers that particular Instructions violate Applicable Laws, it shall notify the Controller in writing without undue delay, and may cease carrying them out until the matter is resolved.

B-4 Obligations of the Controller. The Controller warrants that it has the legal basis for collecting and processing the data; that it has provided the necessary privacy notices to the data subjects; that it has obtained consents where required; that it has carried out the necessary impact assessment where the Law so requires; and that its Instructions are lawful. It alone shall bear responsibility for this.

B-5 Obligations of the Processor. The Processor shall comply with the following. First — Confidentiality: to maintain the confidentiality of the personal data, and to restrict access to it to those of its employees and Sub-processors who need it and who are bound in writing by confidentiality. Second — Security Measures: to apply the appropriate organisational, administrative and technical measures to protect the data, guided by recognised practices, including the Essential Cybersecurity Controls issued by the National Cybersecurity Authority to the extent applicable — without this creating an obligation of full compliance with a framework that does not apply to the Company by law — and these measures include encryption in transit and at rest, access control and multi-factor authentication, logging and monitoring, logical separation between the Workspaces of Customers, backup, and vulnerability management. Third — Assistance: to assist the Controller — with reasonable effort — in fulfilling its obligations towards the data subjects, in impact assessment, and in the periodic verification of the Processor's compliance, at the Controller's expense to the extent that this exceeds the usual assistance. Fourth — Data Subject Requests: to refer to the Controller — within five (5) Business Days — any request received by it directly from a data subject concerning their data held by the Controller, without responding to it except by directing the requester to the Controller or to the extent required by the Law. Fifth — Incident Notification: to notify the Controller of any incident of leakage, destruction or unlawful access affecting personal data without undue delay, and in no case later than forty-eight (48) hours from the time at which the security contact designated at the Processor became aware of the incident following initial verification of its occurrence, and thereafter to provide it with any additional information as soon as it becomes available, so as to enable the Controller to fulfil its obligation to notify the competent authority and the data subjects within the statutory periods; provided that the Processor shall not notify the competent authority or the data subjects on behalf of the Controller unless instructed to do so in writing. Sixth — Record of Processing Activities: to maintain a record of the processing activities that it carries out on behalf of the Controller and to make available to the Controller such part of it as is necessary for the fulfilment of its obligations. Seventh — Notification of Breach of Instructions: to notify the Controller in writing without undue delay if it has breached its Instructions or Applicable Laws in the processing of its data.

B-6 Sub-processors. The Controller gives its general consent to the Processor's engagement of the Sub-processors set out in the Sub-processor List referred to in Article (1), which states the location of each of them and the country in which the data are processed by it, and which, in the version in force on the date of acceptance of these Terms, forms part of this Annex. The Processor shall notify the Controller of any addition or replacement at least thirty (30) days in advance (and during the Beta Phase at least fifteen (15) days in advance), and the Controller may object in writing on reasonable grounds relating to data protection within that period; if no solution can be reached, the Controller may terminate the Service affected by the addition without penalty, with a refund of the recurring Fees paid in advance for it for the unused period, and this shall be its sole right in respect of the objection. If an urgent security or legal necessity, or the sudden cessation of an existing processor, requires its replacement without waiting for this period, and waiting would expose the personal data or the continuity of the Service to an actual risk, the Processor shall notify the Controller before contracting with the replacement processor and before transferring any personal data to it, with the shortest notice practicable, stating and documenting the reason and retaining that documentation. The Controller shall retain the right of objection and termination set out in this Clause within thirty (30) days of the notification. This route may not be taken in cases other than those. The Processor shall bind its Sub-processors in writing to data protection obligations of a level no lower than the obligations set out in this Annex, and shall remain liable to the Controller for their performance within the limits of Article (23).

B-7 Disclosure of Subjection to Foreign Laws. The Processor discloses that some of its Sub-processors — in particular the Model Providers and the providers of messaging channels and infrastructure — may be subject to the laws of other countries which may affect compliance with the Personal Data Protection Law, and that it has contracted with them for appropriate contractual safeguards.

B-8 Transfer outside the Kingdom. The Processor shall not transfer personal data outside the Kingdom, nor disclose it to any entity outside the Kingdom, except to the extent required by the Services activated by the Controller in the form of processing by the Sub-processors set out in the List, with the country of processing stated, within the limits of the minimum data necessary for the purpose, under the mechanisms permitted by the Regulation on Personal Data Transfer outside the Kingdom, including the standard contractual clauses issued by the competent authority, binding common rules or certifications, and in a manner that does not prejudice the national security or the vital interests of the Kingdom. It is incumbent on the Controller — as the party obliged to do so by law — to carry out the risk assessment required under that Regulation where required; and the Processor shall provide the Controller, with reasonable effort and upon its written request, with the information it holds on the Sub-processors, the countries of processing and the safeguards applied, so as to assist it in doing so. The Controller acknowledges that its activation of Services that rely on a Sub-processor outside the Kingdom is deemed an Instruction from it to transfer within the limits of this Clause, and that it is the party responsible for informing the data subjects of this.

B-9 Use for the Processor's Purposes, Mandatory Disclosure and Requests of Competent Authorities. The Processor shall not use personal data for its own purposes, nor to train any artificial intelligence model, and shall not disclose it to third parties except in accordance with this Annex or by order of a competent authority. This prohibition does not extend to data that has been anonymised in such a way that it cannot — by any reasonable means — be linked to any natural person, as set out in Clause 9.9, since it thereby falls outside the scope of personal data; and the Processor shall, when carrying out anonymisation for this purpose, verify that the re-identification of any natural person is not possible, assess the risks of re-identification, take the necessary organisational, administrative and technical measures, and periodically review the effectiveness of those measures and align them with technological developments. The Processor's mandatory disclosure of personal data under the laws in force in the Kingdom, or in execution of an order of a competent authority, shall not be conditional on obtaining the prior consent of the Controller; provided that the Processor shall notify the Controller of that disclosure and its scope, before it takes place where possible, and otherwise after it without undue delay, unless the law or the order of the competent authority prohibits such notification. The Processor shall limit the disclosure to the narrowest scope required by the request, and shall endeavour with reasonable effort to object to any request that appears to exceed its legal scope.

B-10 Verification and Audit. The Processor shall make available to the Controller — for the purpose of verifying its compliance with this Annex — such certifications, independent audit reports or summaries of the controls applied as it holds. If this is not sufficient to fulfil a legal obligation incumbent on the Controller, the Controller may — once in each subscription year, on notice of not less than thirty (30) days, and at its own expense — carry out an audit through an independent auditor bound by confidentiality, during working hours, without the audit extending in any case to the code, the technical architecture or the systems of other Customers, and in accordance with Clause 15.5.

B-11 Upon the End of Processing. Upon the end of the subscription, the Retrieval Window shall be made available, and thereafter the personal data of the Controller held by the Processor — including copies — shall be deleted in accordance with Article (19), unless Applicable Laws require their retention. The Processor shall direct its Sub-processors to delete the copies they hold and shall verify that this has been done.

B-12 Treatment of the Processor as a Controller. If the Processor is deemed — under the Law or its regulations — a controller with respect to the Controller's data, and this is attributable to Instructions issued by the Controller, to its configuration of its Applications or to a breach by it of its obligations as a controller, the Controller shall bear full responsibility for this and shall indemnify the Company in accordance with Article (24). This Clause shall not apply where the treatment of the Processor as a controller is attributable to the Processor's own breach of the Controller's documented Instructions or of the provisions of this Annex.

B-13 Communications concerning Data Protection. Correspondence relating to data protection shall be addressed to the e-mail address set out in Article (34), with an indication in the subject line of the message that it concerns data protection, and the details of the data protection contact — and of the data protection officer where appointed — shall be published in the Privacy Policy.

Annex (C) — Scope of Data Export

C-1 Principle. The export of Customer Data means enabling the Customer to obtain a complete copy of its data in machine-readable and commonly used formats, without any component of Company Materials. What is excluded from the export is limited to what is exhaustively set out in Clause C-3, and the export of any item covered by Clause C-2 may not be refused on the basis of its potential effect. This Annex does not prevent the Customer from using its exported data and its knowledge of its business to build a replacement system for its activity in accordance with Clause 6.2, without the export including anything that would enable it to re-create the Application itself outside the Platform in reliance on Company Materials.

C-2 What the Export Includes. The export includes, first, the records and structured data, namely all records of the Applications' databases that belong to the Customer in CSV or JSON format, together with a data dictionary file limited to the names and types of the fields and the relationships necessary to read and link the exported files, and not including table definitions, indexes, triggers, schemas or any description of the technical structure or architecture of the Platform; second, the files and attachments in their original formats as uploaded; third, the correspondence and interaction logs, including conversation logs, messages, and the content and recordings of calls where applicable, in standard formats; fourth, the texts written by the Customer itself, namely the texts of the AI Agents' Instructions, the text templates and the custom field names entered by the Customer, in text or JSON format, not including any setting, structure or configuration file produced by the Platform; and fifth, the acceptance and consent records kept in the Applications — where applicable — in machine-readable format.

C-3 What the Export Does Not Include. The export does not include source code or executable code, nor infrastructure and deployment files, nor models, templates and components, nor the Platform's internal system prompts, nor any component of Company Materials, nor the data of other Customers, nor the Platform's internal operational data, nor the interfaces, designs or screens as a technical implementation.

C-4 Mechanism. The export shall be self-service through the Platform, and may be divided into packages according to size, and its preparation may take a reasonable period commensurate with the volume of data not exceeding five (5) Business Days for large packages, subject to the maximum aggregate period established by Clause 8.2 for export through technical support. Export through technical support shall be made available where self-service export is not possible for a reason attributable to the Company, in accordance with Clause 8.2.

C-5 Completeness. The Company undertakes that the export shall be complete according to the state of the data at the time of export, and that it shall rectify any deficiency notified to it in writing by the Customer during the Retrieval Window. The Customer's right, upon breach of the completeness obligation set out in this Clause, is limited to the rectification of the deficiency, the re-provision of the export and the extension of the Retrieval Window by a period equivalent to the period of disruption, without prejudice to its right to compensation within the limits of Article (23); Clause 23.5 does not apply to this obligation, but applies to the Company's refusal to make the export available at all. This obligation does not alter the nature of the relationship set out in Article (2), and neither it — nor any other obligation in these Terms — shall be understood to mean that the Company has undertaken to make a thing or perform a work on behalf of the Customer or to deliver a work (copyright work) to it.

Acknowledgement and Acceptance

By ticking the acceptance box or by signing the Order Form, the Customer acknowledges that it has read these Terms and their Annexes — including the Basic Acknowledgement (What You Get, and What You Do Not Get), Article (4) (The Beta Phase), Article (23) (Limitation of Liability) and Article (31) (Governing Law and Dispute Resolution) — understood their provisions and accepted them. With every acceptance, the identity of the account and the user, the date and time, the Internet Protocol address and the number of the version accepted shall be recorded electronically.