Terms of Use
 

This website (Mysolutions) is made available to you by the Arabian Internet and Communication Services Co., a company incorporated and existing under the laws of the Kingdom of Saudi Arabia, whose address is at Riyadh 11652, PO Box 87912, King Abdulaziz Complex, Riyadh, Kingdom of Saudi Arabia, (referred to in these Terms of Use as ‘Mysolutions’, “Platform’ 'we', 'us' and 'our'). When we refer to 'you' and 'your', we mean the user or anyone who accesses the Marketplace.

These Terms of Use, the Mysolutions Policies and all other terms and conditions and documents referred to herein govern your use of the Marketplace and are designed to protect you and us. Please take the time to read them carefully.

By accessing and continuing to use this platform, you will be deemed to agree to these Terms of Use and shall be bound by them. If you do not agree to these Terms of Use, then you must stop using or accessing the platform immediately.

Where you are acting as an appointed representative of a partnership, company, or other business you confirm that you have the authority to enter into these Terms of Use on behalf of the business you represent and that your business agrees to be bound by these Terms of Use. We reserve the right to verify such authority, for example by requesting a copy of the relevant power of attorney under which you are authorized to act.

Mysolutions reserves the right to modify or amend these Terms of Use, the platform or any service listed on the platform from time to time. As a user, you should receive a notification in the form of a pop-up message to ensure that you are aware of and are complying with the new version. Changes are binding on users of the platform and will take effect immediately from accepting the revised documentation on the platform.

All Mysolutions Services (including Connectivity) are provided by Arabian Internet and Communication Services Company (Solutions by stc).To find out more about how we handle your personal information please see our privacy policy attached at Annex 1.

1. Use of the platform

   1. Through the platform, we aim to provide you with a fast and effective means to follow up on all your projects and provided by Arabian Internet and Communication Services Company (Solutions by stc).
       
   2. You acknowledge that these Terms of Use set out the basic terms that shall be applicable to any consent order you may make or modification request while using the platform.
      
       

2. Eligibility

   1. You may join the platform if you meet the following criteria:
       
      1. are 21 years old or older based on the age of majority in your jurisdiction.
          
      2. have not previously used the platform and had your Account suspended or terminated due to a breach of these Terms of Use; and
          
      3. have not defaulted in any payments due to or had any payment disputes with Mysolutions.
          

3. Account set-up and activation

   1. To access the Platform, you must have a personalised password secured account. You can have an account by receiving an invite to the platform either from the solutions admin or the super-user from your organization.
       
   2. Your account will allow you to manage and monitor your projects and services request and to perform other administrative functions.
       
   3. The first time you use the Platform, you will receive an invite, set log-in details and select a secure password. We will ask you to provide a range of information during the registration process, including a valid email address. All information you provide should be accurate and correct at the time of registration. Under no circumstances should you establish an account using a false name or any other information you know to be false.
      
       

4. Your Responsibilities

   1. Use of your Account. You are responsible for all activities that occur in connection with your Account or any Access Details provided in connection with your account, regardless of whether those activities are carried out by you, your employees or any third party. You should take steps to protect the confidentiality of your Access Details and you must notify us immediately if you become aware of any disclosure, loss, theft, or unauthorised use of your Access Details.
       
   2. Keeping your information up-to-date. It is your responsibility to ensure that the information we hold on record for you is up-to-date.
       
   3. Backing-up your data. It is your responsibility to take appropriate steps to safeguard and backup your data stored on the platform. We shall have no obligation to back-up any data related to your use of the platform.
       
   4. Compliance with the law. You assume full responsibility for compliance with all Applicable Laws of the country from which you access the platform.
       
   5. End user services. If you are using the platform on behalf of a wider group of users, including any Affiliate you agree to comply with, and shall procure that those users and Affiliates comply with our Agreement including these Terms of Use. You acknowledge and agree that you shall be responsible for all acts and omissions of your Affiliates and users as thought they were your own.
       
   6. Mysolutions reserves the right to vary the Mysolutions from time to time, including in order to implement improvements to functionality, changes in technology, changes in modes of operation or patterns of use, changes in industry practice or changes in the availability of third-party content.
      
       

5. Authorised users

   1. You shall be responsible for identifying and authenticating all Authorised Users. You shall ensure that your Authorised Users are made aware of the obligations in connection with these Terms of Use through training and notification and shall take reasonable steps to ensure that no unauthorised person accesses the Platform. You shall remain responsible for the acts and omissions of the Authorised Users under our Agreement as if they were your own as well as the acts and omissions of any individual who is not authorised to access Platform but who is able to do so due to any failure of you or your employees, including any failure to terminate access in a timely manner.
       
   2. You shall and shall procure that your Authorised Users shall:
       
      1. Keep their Access Details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them;
      2. Not disclose, share, or permit their Access Details with any third party, without obtaining your prior consent; and comply with these Terms of Use.
          
   3. We reserve the right that we may have under our Agreement to terminate your Account and the agreement.
      
       

6. Unauthorised use

   1. Users of Platform are prohibited from engaging in the following activities: (a) accessing the platform through automated means not provided by us, including but not limited to, scripts, bots, or web crawlers; (b) circumventing or attempting to breach any security or authentication measures; (c) using the platform to send spam or other unsolicited messages; (d) infringing on the intellectual property rights of others; (e) posting or transmitting content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable. Violation of this provision may result in immediate termination of your account and legal action.
       
   2. In any way reproduce or circumvent the navigational structure or misuse the platform knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful; or
       
   3. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the platform; or
       
   4. Attempt to attack the platform via a denial-of-service attack or a distributed denial-of-service attack; or
       
   5. Reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the platform.
      
       

7. Linking to the platform

   1. The platform may contain links or references to other websites maintained by third parties. Such links are provided solely as a convenience to you and we do not endorse those sites. We are not responsible for the content of any such websites that have links with the platform, or for the legal consequence of your entering into any contracts with third parties and you rely on the information available on those websites at your own risk. To the fullest extent permitted by the Applicable Laws, we exclude liability for all Losses incurred by you as a result. You may not link to the platform without Mysolutions's prior written approval. You agree to remove or cancel any such link to the platform at Mysolutions’s request.
      
       

8. Intellectual Property Rights

   1. All Intellectual Property Rights in or relating to the content of the platform, including any trademarks, or copyright in the text, graphics, logos, button icons, images, operating software and in the form, arrangement and design of the platform belong to Mysolutions, unless otherwise stated.
       
   2. To the extent required by Mysolutions ,  you grant to Mysolutions, or shall procure the grant to Mysolutions of, a non-exclusive, royalty-free, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt and translate all data, information, applications, software, text, sound, photos, images, graphics, code or any other material, in any format, provided by or on behalf of you or your Authorised Users that are stored in or run through the platform from time to time in order to allow Mysolutions to provide the services you utilize from time to time via the platform. You agree to do all things and execute all documents required to allow Mysolutions to take full advantage of the rights granted pursuant to this Clause.
       
   3. Except as expressly prohibited by Mysolutions in the applicable terms and conditions, you may make copies of the platform to the extent reasonably necessary for the following purposes: back-up, mirroring (and similar availability enhancement techniques), security and disaster recovery. You shall record the number and location of all copies of the platform and take steps to prevent unauthorised copying.
       
   4. Nothing contained in these Terms of Use or on the platform should be construed as granting any licence or right to use any of the Intellectual Property Rights incorporated in the platform. In particular, the trademarks, names, and logos of Mysolutions may not be used by you in any way without Mysolutions's prior written approval. Copying and printing of web pages is permitted within the scope of the licence contained below.
       
   5. We reserve the right to withdraw this licence at any time by notice on the platform.
       
   6. Any unauthorised use of the platform contents may result in legal action being taken against you.
       
   7. By submitting any Content to the platform by electronic mail, postings on the platform, through our 'contact us' portal or otherwise, you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
      1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Content throughout the world in any media, now known or hereafter devised; and
      2. use the name that you submit in connection with such Content. You also grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Terms of Use. You acknowledge and agree that all such Content is non-confidential and non-proprietary.
          
   8. You agree to do all things and execute all documents required to allow us to take full advantage of the rights granted to us by this clause.
      
       

9. Exclusion of Liability

   1. Except to the extent expressly agreed in an SLA Mysolutions does not warrant or make any representations regarding the use of the platform, or the results achieved through use of the  platform in terms of their availability, accuracy, timeliness, reliability or otherwise and to the fullest extent permitted by the Applicable Laws you release Mysolutions, its Affiliates and licensors from all claims arising in connection with the same, whether in contract, by virtue of any wrongful act (including negligence) or otherwise and for any loss or damage however caused (including direct, indirect, consequential and special losses), including loss of profits, business opportunities, goodwill, use, revenues, customers or data, even if a party has been advised of the possibility of such damages.
       
   2. Subject to any SLA to the contrary, neither we nor our Affiliates or licensors will be required to pay any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the platform, including as a result of: (i) termination or suspension of these Terms of Use or your use of or access to the platform; or (ii) without limiting any obligations under any SLAs, any unanticipated or unscheduled downtime of all or a portion of the services for any reason; (b) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your data.
       
   3. The platform are made available to you on an "as is" basis and Mysolutions gives no warranty of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties, including any warranty of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by the Applicable Laws.
      
       

10. Release and Indemnity

    1. You agree to defend, indemnify, and hold harmless the Mysolutions Parties from all costs, expenses and damages suffered in connection with any claim arising directly or indirectly out of your breach of any of these Terms of Use and any claim in respect of your activities conducted on the platform.
        
    2. To the extent required by the Applicable Laws, we agree to defend, indemnify and hold you harmless from all costs, expenses and damages suffered by you in connection with any direct claim that your use of an Mysolutions Product, as expressly permitted by these Terms of Use or the associated Mysolutions Product terms and conditions infringes any third-party Intellectual Property Rights.
       
        

11. Suspension and termination

    1. You acknowledge that violation of any of the terms of our Agreement may result in suspension of service meaning that you will not be able to use the platform. Where possible, Mysolutions will try to provide notice before suspending your account.
        
    2. Mysolutions reserves the right to terminate our Agreement at any time on giving you not less than thirty (30) days' written notice.
        
    3. Termination or expiry of our Agreement for any reason will:
       1. Be without prejudice to any obligation or right of any Party which has accrued prior to such termination (or shall thereafter accrue in respect of the period before such expiry or termination); and
       2. Not affect any provision of our Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after such termination.
           
    4. On expiry or termination for whatever reason of your access to the platform you acknowledge and agree that the data that is held for you in that Platform by us, as the case may be, may be lost unless you expressly request a copy of that data prior to the expiry or termination access. In the event that due to the circumstances of termination you do not have an opportunity to do so prior to termination, such a request must be made as soon as reasonably possible and in any case within thirty (30) days of the date of termination.
       
        

12. General

    1. Mysolutions’s failure to enforce the strict performance of any provision of our Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of our Agreement.
        
    2. Mysolutions reserves the right to appoint outsourced service providers to perform certain of its operations carried out in connection with the platform, neither we nor you shall be liable to the other for any delay or non-performance of its obligations under our Agreement arising from any Force Majeure Event.
        
    3. If any of the provisions of our Agreement are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such provision shall be struck from our Agreement and such invalidity or unenforceability will not affect the other provisions of our Agreement which shall remain in full force and effect and the parties agree to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. Notwithstanding the above, if the invalid or unenforceable provision would be valid or enforceable if some part of it were deleted or modified, it shall apply with such modifications as may be necessary to make it valid and enforceable.
        
    4. Our Agreement constitutes the entire agreement and understanding between you and Mysolutions in respect of the matters dealt with in them. We and you acknowledge and agree that in entering into our Agreement, and the documents referred to in it, neither we nor you rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to our Agreement or not) other than as expressly set out in our Agreement as a warranty. The only remedy available to us and you for breach of the warranties shall be for breach of contract under the terms of our Agreement.
        
    5. The Platform is offered by Mysolutions from and entered into by you in the Kingdom of Saudi Arabia. Our Agreement and any non-contractual obligations arising out of or in connection with our Agreement and your use of the Platform, shall be governed by and interpreted in accordance with the laws of the Kingdom of Saudi Arabia. You submit to the exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia over any claim or matter arising under or in connection with this Agreement.
        
    6. Nothing in our Agreement prevents or prohibits either party from seeking urgent interim relief in any court of competent jurisdiction, including pre-arbitral attachments, temporary restraining orders, temporary injunctions, permanent injunctions and/or orders of specific performance, as may appear reasonably necessary to preserve the rights of either party.
        
    7. In the event of any conflict or ambiguity, the End Customer Agreement shall take precedence over these Terms of Use, the Terms of Use shall take precedence over the Mysolutions Policies and the Mysolutions Policies shall take precedence over any other documents referred to in these Terms of Use.
        
    8. If you have any questions, concerns or complaints in relation to the Platform or our Agreement please contact us at CX@solutions.com.sa
       
        

13. Definitions and Interpretation

    1. Access Details means the unique username and password provided by Mysolutions to you for the purpose of allowing a specific number of category of Authorised User to access the platform.
        
    2. Affiliate in relation to an entity, means and includes any partnership, corporation or other legal entity, directly or indirectly Controlling, Controlled by or in common Control with that entity.
        
    3. Agreement means our agreement with you which includes these Terms of Use, , any Confidentiality Agreement and all Mysolutions Policies.
        
    4. Applicable Laws means all applicable laws, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or awards of any government or any government agency or department of competent jurisdiction, including those of the Kingdom of Saudi Arabia.
        
    5. Authorised Users means those individuals (whether employees, contractors or end users) who are designated by you from time to time as being permitted to access and use a particular Cloud Product on behalf of you.
        
    6. Confidentiality Agreement means any confidentiality agreement entered into between Mysolutions and you in connection with the Marketplace, as the same may be amended from time to time in accordance with its terms.
        
    7. Content means any business or personal data, whether in the form of software, text, audio, video or image files, workloads or in any other form provided or generated by you or on your behalf that is stored on the platform.
        
    8. Control means the possession, directly or indirectly, of the power to direct or cause the direction of the management, business, or policies of another, whether through the ownership of shares, by contract or otherwise, or the power to elect or appoint at least fifty percent (50%) of the directors, managers, partners, or other individuals exercising similar authority, and Controlling and Controlled shall be construed accordingly.
        
    9. Force Majeure Event means any event which prevents the performance by a party of all or a material part of its obligations under our Agreement and which the party so affected is unable to overcome by the exercise of reasonable diligence, and shall include acts of God, storm, fire or flood, acts of government or a public agency or authority of competent jurisdiction, riot, insurrection, war, threat of or preparation for war (whether or not declared), invasion, hostilities, civil war, rebellion, revolution, insurrection, interruption or failure of electricity or telephone service, terrorist or military action or any threat of the foregoing, strike, labour dispute or supply chain failure or pandemic or other widespread outbreaks of infectious disease.
        
    10. Intellectual Property Rights means any patent, copyright, database right, design right, trade mark, trade name, know-how, right of confidence and any other intellectual property right of any nature whatsoever, in each case whether registered or unregistered, and including all applications (or rights to apply) for, and renewals and extensions of, such rights and all similar or equivalent rights or forms of protection which subsist in any part of the world.
    11. Losses means losses, damages, payments, costs (including reasonable legal costs and expenses), expenses, awards, charges, fines and/or other liability (as the case may be).
         
    12. SLA means a service level agreement incorporated in the terms and conditions for any of Mysolutions services.
         
    13. Mysolutions Policies means all Mysolutions policies that apply to your use of the platform or Mysolutions's services, including the Privacy Policy, in each case as the same may be amended from time to time in accordance with their terms and as may be notified to you by Mysolutions or as may be made available on the platform from time to time.
        
         

14. References

    Unless the context otherwise requires references in these Terms of Use to:
    1. The singular includes the plural (and vice versa) and use of any gender includes the other genders.
        
    2. Persons includes individuals, corporations, and unincorporated bodies or associations that are recognised at law (whether or not having a separate legal personality and irrespective of their jurisdiction or origin, incorporation or residence);
        
    3. Time shall be construed by reference to the Gregorian calendar; "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
       
        

15. Headings

    1. The headings in these Terms of Use are for convenience only and shall not affect the construction or interpretation of these Terms of Use.