Terms of Service

Last updated: 3rd September, 2021

Welcome to the Shawazi Service (the "Services"). Please read these Terms of Service (the “Terms”), together with Shawazi's Privacy Policy (“Privacy Policy”), fully and carefully before accessing or using Shawazi or any other Shawazi platform, website(s) (collectively, “Website”), mobile application (“App”), or any content, products, and/or services made available by Shawazi (together with the Website and App, the “Services”). The Terms set forth the legally binding terms and conditions governing your access to and use of the Services.

By registering to use and/or using the Services in any manner, You, just as if You had done so in writing, (i) acknowledge that You have read and understood the Terms, (ii) represent and warrant that You are at least eighteen (18) years of age, and if applicable, have the authority to enter into these Terms on behalf of any person or entity for whom You are accessing or using the Services, and (iii) agree to these Terms and all other rules, policies, and procedures that may be published on the Website or App from time to time, each of which are incorporated into these Terms and each of which may be updated without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference. These Terms are binding upon any use of the Services, including by Subscribers and Invited Users (each as defined below), and apply to You from the time that Shawazi provides You with access to the Services.

The Services will evolve over time based on user feedback. Shawazi may amend these Terms from time to time. You may be required to click “accept” or “agree” to show your consent to an amended version of these Terms.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

1) Use of Software

Subject to these Terms, Shawazi grants You a non-exclusive, non-transferable and non-sublicensable (except as expressly permitted herein) license and right to access and use the Services via the Website and/or App in accordance with your role as either a Subscriber or Invited User, whichever is applicable. You acknowledge and agree that:

  1. the Subscriber determines who is an Invited User and what level of user role access to the relevant organization and Service(s) that Invited User has
  2. the Subscriber is responsible for all Invited Users’ use of the Services;
  3. the Subscriber controls each Invited User’s level of access to the relevant organization and Service(s) at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be; and
  4. if there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service(s), the Subscriber shall decide what access or level of access to the relevant Data or Service(s) that Invited User shall have, if any.

2) Shawazi is not a substitute for a lawyer, accountant or auditor

  1. You hereby acknowledge and agree that no attorney-client relationship exists, or will ever be created, between you and Shawazi under any circumstances. You acknowledge and agree that any content provided through Shawazi are presented "AS IS" without warranties, express or implied, of any kind. No information provided through the service is intended to be, and must not be taken to be, factual or accurate legal advice.
  2. You acknowledge and agree that Shawazi is not, and will not be, a party to any legla dispute that may arise between you and any other person or entity to whom you may have sent an invoice, receipt, or other document that you may have created using a form, template or other content provided by Shawazi.
  3. The Services allow You to create Your own documents with an eye towards memorializing certain details between You and Your clients. Shawazi does not review or edit the documents You create for completeness, grammar, spelling, consistency, accuracy or legal merit.
  4. You agree to review and edit for your purposes any documents or records You create using the Services and you shall be solely responsible for those documents.

3) Payment

  1. Billing: Upon registering for a Paid Subscription Plan, you acknowledge that the Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Shawazi may submit monthly charges without further authorization from you, until you provide prior notice (receipt of which is confirmed by Shawazi) that you have terminated this authorization or wish to change your payment method. such notice will not affect charges submitted before Shawazi reasonably could act. to terminate your authorization or change your payment method, please go to the settings page on the app.
  2. Invoices: An invoice for the Subscription Fee will be issued either on a monthly or annual basis (based on the chosen plan), starting on the date You registered Yourself or Your Organization to a Paid Subscription Plan. All invoices will include the Subscription Fee for a one (1) month / one (1) year period of use. Shawazi will continue invoicing You monthly and/or yearly until this Agreement is terminated in accordance with Section 11. All Shawazi invoices will be sent to You, or to a billing contact whose details are provided by You (“Billing Contact”), by email. You are responsible for payment of all taxes in addition to the Subscription Fee.
  3. Subscription Fee changes: Shawazi may change the amount of the Subscription Fee in its sole discretion from time to time subject to an advance notice to You. Shawazi may also offer users free trials, special discounts and/or waive certain Subscription Fees, subject always to Shawazi’s sole discretion.
  4. Payment Processors: Shawazi uses third-party payment processing companies (“Payment Processor”) to bill You through a payment account linked to Your account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Shawazi is not responsible for error by the Payment Processor. By choosing to register to a Paid Subscription Plan, you agree to pay Shawazi, through the Payment Processor, all charges at the prices then in effect in accordance with the applicable payment terms and You authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Shawazi reserves the right to correct any errors or mistakes that it or its Payment Processor makes even if it has already requested or received payment.
  5. Reaffirmation of Authorization. Your non-termination or continued use of the Services reaffirms that Shawazi is authorized to charge You for those Services. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Services.

4) Your Obligations and Responsibilities

  1. General obligations: You must only use the Services for Your own lawful internal business purposes, and in accordance with the Terms and any additional or amended terms and conditions posted on the Website or App and/or noticed to you by Shawazi.
  2. Registration: You must provide accurate and complete information and keep Your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in Your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete Your account, either directly or through a request made to one of our employees or affiliates.
  3. Access conditions: You must ensure that all usernames and passwords required to access the Services are kept secure and confidential. You must immediately notify Shawazi of any unauthorized use of Your passwords or any other breach of security and Shawazi will reset Your password. You must take all other actions that Shawazi reasonably deems necessary to maintain or enhance the security of Shawazi’s computing systems and networks and Your access to the Services.
  4. Prohibited Uses: As a condition of use, You promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of Your activity in connection with the Services. When accessing and using the Services, You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit, transmit, input, or otherwise distribute or facilitate distribution of any Data on or through the Services that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
    • You know is false, misleading, untruthful or inaccurate
    • is offensive, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Shawazi’s or of any third party
    • may damage Shawazi’s, or any other person or entity’s, computing devices or software or may in any way which may impair the functionality of the Services, Website, or App, or other systems used to deliver the Services or impair the ability of any other user to use the Services
    • constitutes an attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website or App except as is strictly necessary to use either of them for normal operation
    • constitutes an attempt to undermine the security or integrity of Shawazi’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks
    • constitutes an attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted
    • impersonates any person or entity, including any of our employees or representatives; or
    • includes anyone’s identification documents or sensitive financial information
  5. Usage Limitations: Your use of the Services may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Shawazi’s application programming interface. Any such limitations will be specified within the applicable Services.
  6. Affiliate Program: From time to time Shawazi may implement an affiliate program through which entities may help Shawazi obtain Subscribers in exchange for an affiliate referral fee. The terms of the affiliate program will be specified by Shawazi at the time of implementation with an affiliate.
  7. Indemnity: You agree to defend, indemnify, and hold harmless Shawazi, its affiliates, and each of its respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, including Your violation of the Terms, infringement by You or any third party using Your account or identity in the Services of any intellectual property or other right of any person or entity, and Your breach of any of these Terms or any obligation You may have to Shawazi, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses.

5) Data Protection

Shawazi shall process Subscriber Data as Controller under applicable data protection rules. The Subscriber and the Invited User may share with Shawazi and Shawazi may use Subscriber Data, in particular contact details, to perform this Agreement or in connection with it. Shawazi may wish to further use such Subscriber Data for other purposes, such as promoting and improving its Services or customer management, and to share such Subscriber Data with its affiliates. As Controller, Shawazi has set out all information in this respect for Data Subjects in its Privacy statement, available at the Shawazi Privacy Policy link. To the extent that the Subscriber Data includes Personal Data on Data Subjects other than the Subscriber itself, the Subscriber undertakes to inform such Data Subjects of Shawazi's external privacy policy prior to the sharing of such Personal Data.

6) Intellectual Property

  1. General: Except as expressly provided herein, Shawazi alone retains all Intellectual Property Rights relating to the Services. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information or documentation provided by You relating to the Services (“Feedback”) shall be assigned by You to Shawazi. Shawazi will be free to use or disseminate Feedback. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms.
  2. Ownership of Data: You shall retain all Intellectual Property Rights (if any) in Your Data. You hereby grant Shawazi a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of the Services to You. You also hereby grant Shawazi a license and right to use the Data anonymously and in the aggregate to improve the Services and provide the Services to other customers.
  3. Backup of Data: You must maintain copies of all Data inputted into the Services. Shawazi adheres to industry-standard policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of Data. Shawazi expressly excludes liability for any loss of Data no matter how caused.
  4. Third party applications and Your Data: The Services may permit You to link to certain other websites, services or resources (“Third-Party Applications”) on the Internet, and certain Third-Party Applications may contain links to the Services. If You choose to enable Third-Party Applications for use in conjunction with the Services, You do so at Your own risk. These Third-Party Applications are not under our control. You acknowledge that Shawazi may allow the providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Services. You further acknowledge and agree that Shawazi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Application, or for any disclosure, modification or deletion of Your Data by any Third-Party Applications. Shawazi is not responsible for the privacy practices of any Third-Party Applications, and urges You to read the privacy policies of any Third-Party Applications before enabling their use in conjunction with the Services.
  5. Third party content: Content from other users, suppliers, advertisers, and other third parties, including Third-Party Applications, may be made available to You through the Services. Because Shawazi does not control such content, You agree that Shawazi is not responsible for any such content. Shawazi does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and Shawazi assumes no responsibility for unintended, offensive, indecent, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. You understand that by using the Services You may be exposed to third-party websites that You find. Shawazi makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Applications accessible from the Website or App. Shawazi provides these links for Your convenience only and does not control such websites. Shawazi’s inclusion of links to such websites does not imply any endorsement of the materials on such Third-Party Applications or any association with their operators. The Services may contain links to websites that are operated by Shawazi but which operate under different terms. It is Your responsibility to review the privacy policies and terms of service of any other website or mobile application that You visit. You agree that in no event will shawazi be liable to you in connection with any websites, content, materials, or practices of any third party.

7) Warranties and Acknowledgements

  1. Authority: You warrant that where You have registered to use the Services on behalf of another person or entity, You have the authority to agree to these Terms on behalf of that person or entity and to bind that person or entity to perform any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
  2. Acknowledgement: You acknowledge that: You are also authorized to access the processed information and Data that is made available to You through Your use of the Website or App and the Services (whether that information and Data is Your own or that of anyone else).
  3. Shawazi has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website or App on behalf of or for the benefit of anyone other than Yourself (whether a body corporate or otherwise) You acknowledge and agree that:
    • You are responsible for (i) ensuring that You have the right to do so; and (ii) authorizing any person or entity who is given access to Data
    • You agree that Shawazi has no obligation to provide any person or entity access to such information or Data without Your authorization and may refer any requests for information to You to address; and
    • You will indemnify Shawazi against any claims or loss relating to:
      1. Shawazi’s refusal to provide any person access to Your information or Data in accordance with these Terms
      2. Shawazi’s making available information or Data to any person with Your authorization
    • Shawazi does not warrant that use of the Services will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Shawazi is not in any way responsible for any such interference or prevention of Your access or use of the Services.
    • Shawazi is not Your accountant and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.
    • It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used
    • You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to Your Data via the Services and the Website and App will comply with laws applicable to You (including any laws requiring You to retain records).
  4. Consumer guarantees: You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website, the App, or the Terms.
  5. Warranty Disclaimer: the services provided by Shawazi to you are provided “as is”, “as available”, with all faults and without warranties, representations or conditions of any kind. Shawazi hereby disclaims all express, implied, or statutory warranties, representations or conditions, whether written or oral, including any implied warranties of merchantability, title, noninfringement, security, reliability, completeness, quiet enjoyment, accuracy, quality, integration or fitness for a particular purpose. shawazi does not warrant that the services will operate without interruption or be error free. certain country, state or local laws may not allow limitations on implied warranties; if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights

8) Limitation of Liability

  1. To the maximum extent permitted by law, Shawazi excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), strict liability or any other legal or equitable theory with respect to the services, for any (i) loss (including loss of information, data, cost of procurement of substitute goods or services, profits and savings), (ii) bugs, viruses, trojan horses, or the like (regardless of the source of origination) or (iii) special, indirect, incidental, punitive, compensatory, consequential damages resulting from any use of, or reliance on, the services. certain country or state laws may not allow for the limitation or exclusion of liability or for the limitation or exclusion of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. In such cases, Shawazi’s liability will be limited to the fullest extent permitted by applicable law. nothing in these terms shall affect any non-waivable statutory rights that apply to you.
  2. If you suffer any direct loss or damage as a result of your use of the services, any claim by you against Shawazi will be limited in respect of any one incident, or series of connected incidents, to the fees paid by you in the previous twelve (12) months. Any reference to Shawazi in this section also includes its directors, employees, agents, partners, suppliers or content providers. The foregoing limitations will apply to the maximum extent permitted by applicable law.
  3. If You are not satisfied with the Services, Your sole and exclusive remedy is to terminate these Terms in accordance with Section 9 (Termination) below

9) Termination

  1. Shawazi reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services. Violation of Shawazi’s Terms of Service may get your account disabled permanently. Users with disabled accounts will not be able to use the Services. Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  2. Prepaid Subscriptions: Shawazi will not provide any refund for any remaining prepaid period for a prepaid Subscription Fee subscription.
  3. No-fault termination: These Terms will continue for the period covered by the Subscription Fee paid or payable by You. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates this agreement by giving notice to the other party at least thirty (30) days in advance. You may terminate this agreement at any time, however, if You terminate this agreement less than thirty (30) days before the end of your current billing period, then You shall be charged Subscription Fees on a pro-rata basis for the following month until your termination takes effect.