1. Definitions

1.1 “Naeem”: Refers to “Creative Grounds for Information Technology” Company”, a Saudi limited liability company registered in Riyadh, Kingdom of Saudi Arabia (Commercial Registration No. 1010838017).

1.2 “Services” or “System”: Means all products and technological solutions provided by Naeem, including, but not limited to, the personal care center management system, comprising software, applications, support, and associated documentation.

1.3 “Client”: Refers to any individual or legal entity that registers for, accesses, or uses Naeem’s services and agrees to these terms and conditions.

1.4 “Data”: Includes all information and content that the Client inputs, uploads, stores, or processes using the System, such as the Client’s customer data, employee data, and financial data.

1.5 “Confidential Information”: Means any technical, commercial, financial, marketing, or any other information of a confidential nature disclosed under this Agreement.

1.6 “Agreement”: Means this document with all its clauses and conditions, and any annexes, policies, or other notices issued by Naeem that are considered part thereof, in addition to any future updates.

1.7 “Essential (Core) Services”: Refers to the main and fundamental features and functionalities of the System that are necessary to enable the Client to achieve the primary purpose of their subscription and use of the System. Without these, the System loses a substantial part of its value or becomes unable to perform its primary advertised function. These services include, but are not limited to, functionalities explicitly mentioned in the basic subscription invoice such as (Billing System, Employee Management, Inventory Management, etc.). This does not include additional, experimental, or secondary functionalities that do not materially affect the Client’s fundamental ability to use the System.

2. Scope of Agreement and Acceptance

2.1 This Agreement defines the contractual relationship between Naeem and the Client regarding access to and use of the Services.

2.2 The Client’s access, use, or registration for the Services constitutes explicit and unconditional acceptance by the Client of all clauses of this Agreement and full commitment thereto, waiving any right to object to it later.

2.3 The Client acknowledges having read and fully understood this Agreement and possesses the necessary legal capacity to agree to it.

2.4 This Agreement is binding on both parties and supersedes any prior agreements, unless otherwise agreed upon in writing between the parties.

3. Amendment of the Agreement

3.1 Naeem reserves the right to amend or update any clause of this Agreement at any time, in accordance with applicable regulations or to improve the Services.

3.2 Naeem will notify the Client of any amendments to the Agreement via the registered email address or through in-system notifications, at least thirty (30) days prior to the effective date of such amendments.

3.3 Amendments shall be deemed effective unless the Client notifies Naeem in writing of their rejection of such amendments within the notice period specified in Clause 3.2, with the rejection notice sent to the email address: Customers@cg.sa.

3.4 In case the Client rejects the amendments: a. The previous terms and conditions shall remain in effect and binding on the Client until the end of their current subscription period. b. Upon any subsequent renewal of the subscription after the effective date of the amendments, the Client shall be deemed to have agreed to the amended terms and conditions, and the renewal will be subject to them.

4. Fees and Payment Methods

4.1 The Client undertakes to pay all due fees and amounts for the use of the Services, in accordance with the agreed-upon price quote and invoices issued by Naeem, within the specified deadlines, and using the approved payment methods.

4.2 Services will not be activated for the Client or continued until full payment of all due amounts is received.

4.3 Naeem reserves the right to request any supporting official documents from the Client, such as commercial registration or licenses, at any time it deems necessary.

4.4 In case of any calculation error in the issued invoice, this error shall be settled within thirty (30) days from the date of its discovery, and Naeem shall not be liable to pay any additional compensation or penalties as a result of this error.

4.5 In case of the Client’s delay in paying any due amount, the procedures outlined in Clause 9.2.a of this Agreement shall apply.

4.6 Naeem has the right to claim all amounts due for the renewal of Services, unless the Client notifies Naeem of their unwillingness to renew in accordance with the conditions specified in Clause 9.1 of this Agreement.

4.7 Naeem has the right to develop and offer additional services or features within the System, or to provide additional services upon the Client’s request. These may be available to the Client on an optional basis for additional fees. The Client will be notified of these new services, their financial details, and their terms separately, and they will not be activated or charged to the Client until after their explicit consent and request.

4.8 Guarantee of Core Service Continuity and Feature Removal from the System: Naeem is committed to providing the Essential Services included in the Client’s paid subscription package, as specified and detailed in the invoice issued to the Client, without imposing additional fees on them throughout the duration of this subscription. Any updates, enhancements, or modifications to non-essential services or secondary features will be part of the existing subscription and may occur without prior notice.

Only in exceptional and justified cases, such as binding regulatory obligations, necessary technical updates, or the discontinuation of critical third-party support that makes service continuity impossible, or as part of a comprehensive system development process to provide a better experience or focus on more effective features for all users, Naeem may be compelled to completely remove an essential (core) feature or service from the System, affecting all Clients. In such cases, the Client will be notified at least fifty (50) days prior to the effective date of this change.

If the removal of this essential feature or service materially and negatively affects the Client’s ability to utilize the subscribed services, the Client has the right, within thirty (30) days from the date of notification of the change, to choose one of the following two options: a. Continue Subscription: By accepting the change, in which case the subscription continues with the remaining services in the package. b. Terminate Agreement: Terminate the Agreement immediately, in which case the Client is entitled to a pro-rata refund of the paid subscription fees remaining for the unused period. The refunded amount will be calculated based on the remaining days of the subscription after the actual date of the feature or service removal from the System.

5. Intellectual Property Protection

5.1 The Client acknowledges and agrees that all intellectual property rights related to the Services and the System, including but not limited to, software, codes, databases, designs, trademarks, logos, domain names, patents, copyrights, trade secrets, and technical and educational documentation, are the exclusive and absolute property of Naeem or its licensors.

5.2 This Agreement does not grant the Client any ownership right or any right of use beyond the limited, non-exclusive, non-transferable, and revocable license granted hereunder to use the Services solely for the specific purposes and according to its terms.

5.3 The Client undertakes not to do any of the following: copy, modify, distribute, sell, license, lease, reverse engineer, decompile, or attempt to extract the source code of the System or any part thereof, or create derivative works from it, or allow any third party to do so.

5.4 Any developments, improvements, customizations, or modifications made by Naeem’s team or any of its contractors or partners based on the Client’s request shall remain the full intellectual property of Naeem, unless expressly agreed otherwise by a separate written agreement signed by both parties.

5.5 The Client is prohibited from using Naeem’s trademarks, logos, or any trade names without prior written consent.

6. Data Security and Protection in accordance with SDAIA Standards

6.1 Naeem’s Commitment to Data Protection: Naeem is committed to implementing the highest standards of information security, data protection, and privacy, in compliance with the regulations, laws, and policies issued by the Saudi Data and Artificial Intelligence Authority (SDAIA). These commitments include implementing appropriate technical and organizational measures to protect data from unauthorized access, alteration, disclosure, destruction, or loss.

6.2 Client’s Responsibility for Their Data: The Client acknowledges that all data they input, process, store, or use through the System is their sole property. The Client bears sole responsibility for the accuracy, correctness, completeness, and lawfulness of this data, for obtaining the necessary consents and licenses to process and store it, and for complying with all applicable data protection and privacy regulations as per SDAIA legislation. Naeem bears no responsibility for the Client’s customer data stored in the System except within the limits of its regulatory obligations and SDAIA standards specified in this Agreement.

6.3 Use of Data and Metadata by “Naeem”: a. The Client acknowledges and agrees that “Naeem” will process and use their Data and metadata only to the extent strictly necessary for the purpose of providing the agreed-upon Services and their technical support, in addition to improving system performance and developing new features. b. Full ownership of the Client’s Data and metadata remains with the Client at all times. “Naeem” undertakes not to share or sell this Data or metadata with any third party whatsoever, except with the Client’s explicit consent. c. For the purposes of general analysis, statistics, and service improvement (e.g., studying the number of salons in a specific city or the volume of operations during a timeframe), “Naeem” has the right to utilize aggregated and fully anonymized data. This means it is impossible to identify the Client or their sensitive data from these analyses and statistics. This use ensures the complete preservation of Client privacy, while allowing “Naeem” to develop its services based on a broader understanding of the market.

6.4 Confidentiality of Login Data: The Client undertakes to maintain the utmost confidentiality of their login information (such as username and password) and keep it in a secure place, and not to share it with any unauthorized third party. Naeem disclaims responsibility for any damages or losses arising from the Client’s failure to comply with this obligation or as a result of the disclosure of their login data.

6.5 Client’s Security Measures: The Client undertakes to take all necessary security measures to protect their systems, networks, and devices from malware and viruses, and to ensure that their access to the System is secure and authorized.

7. Client Obligations

7.1 Account Manager Appointment: The Client undertakes to appoint an authorized account manager to be the primary point of contact with Naeem for system administration and communication regarding technical and operational matters, and must immediately notify Naeem of any change in this manager’s information.

7.2 Compliance with Regulations: The Client undertakes to fully comply with all applicable laws, regulations, and bylaws in the Kingdom of Saudi Arabia related to their business activity and user data, including data protection and privacy laws.

7.3 Non-Assignment: The Client may not assign any of their rights or obligations under this Agreement to a third party without obtaining prior express written consent from Naeem.

7.4 Acceptable Use: The Client undertakes to use the Services only for their intended purpose, and in a manner that does not conflict with this Agreement or with any applicable laws or regulations, or cause harm to Naeem or third parties.

7.5 Technical Requirements Availability: The Client acknowledges their responsibility to provide all necessary technical and operational requirements on their part to ensure the proper functioning of the System, including providing a stable internet connection, compatible devices, updated drivers, appropriate operating systems, and official licenses for any necessary auxiliary software.

7.6 Cooperation and Support: The Client undertakes to provide the necessary cooperation and support required by Naeem’s team when providing technical support, resolving issues, performing updates or maintenance, and submitting support requests through designated channels and providing sufficient information.

7.7 Training: The Client undertakes to train their employees on the safe and proper use of the System.

8. Refund Policy

8.1 The Client has the right to request a refund of the System’s license fees only for the first year, within thirty (30) calendar days from the account activation date, provided that the activation date does not exceed sixty (60) days from the initial payment date.

8.2 The refund policy does not include the value of hardware, additional services, third-party services, or any costs other than the basic system license fees. The Client also acknowledges and agrees that if a refund request is approved, any fees related to the original payment processing or refund fees (fees related to payment gateways, etc.) may be deducted from the amount refunded to the Client.

8.3 Refund requests must be submitted in writing to Naeem, accompanied by all required data. Approval of refund requests is subject to Naeem’s discretion after verifying that all conditions are met. The amount due to the Client will be refunded using the same original payment method used by the Client, unless otherwise agreed upon in writing.

9. Agreement Termination and Account Suspension

9.1 Client’s Right to Cancel: The Client may cancel their subscription to the Services by sending written notice to “Naeem” at least thirty (30) days prior to the recurring subscription renewal date.

9.2 “Naeem’s” Right to Suspend Account or Terminate Agreement (with Prior Notice): “Naeem” has the right to temporarily suspend the Client’s account or terminate this Agreement, with prior notice to the Client via the registered email or text messages, in the following cases: a. Payment Delay (Notice then Suspension): If the Client delays payment of any due fees for more than seven (7) days from their due date. “Naeem” will send a prior payment warning, and if payment is not made within the specified grace period, Naeem has the right to temporarily suspend the Services. If the payment delay continues for more than thirty (30) days from the due date, “Naeem” has the right to terminate the Agreement immediately. b. Correctable Violations (Notice then Termination): If the Client breaches any clause of this Agreement, and this breach is correctable, and the Client fails to correct it within a period specified by “Naeem” not exceeding fifteen (15) days from the date of sending the breach notification.

9.3 “Naeem’s” Right to Suspend Account or Terminate Agreement (Immediately and Without Prior Notice): “Naeem” has the right, without prejudice to any other rights or remedies, to temporarily suspend the Client’s account or terminate this Agreement immediately and without any prior notice or compensation, in any of the following cases that pose a severe risk, constitute a clear violation, or cause direct harm: a. Unlawful or Harmful Use: The Client’s use of the Services for unlawful, unethical, or fraudulent purposes, or in violation of any applicable law or government regulation in the Kingdom of Saudi Arabia, or misuse of the System, or causing any direct security or operational harm to the System or “Naeem’s” networks. b. Account or Login Information Sharing: The Client’s sharing of the account or login data with unauthorized parties, or allowing them to access the Services in any way. c. Providing Misleading Information: The Client’s provision of misleading, false, or incorrect information or documents to “Naeem” upon registration or at any later time. d. Harm to Reputation or Quality: Any act or omission by the Client that directly and materially negatively affects “Naeem’s” reputation or the quality of its services.

9.4 Effects of Termination: a. Client Not Entitled to Refund or Compensation: In case of Agreement termination due to the Client’s breach of any of their obligations mentioned in Clause 9.3 (cases of immediate suspension), the Client is not entitled to claim any financial refund for paid fees or any compensation of any kind. b. Notification of Action Taken: If the Client’s account is suspended or the Agreement is terminated, whether with prior notice or immediately, “Naeem” will send a notification to the Client of the action taken via the registered email or text messages. c. Access to Data After Termination: Upon Agreement termination for any reason, the Client’s right to access the Services ceases immediately. “Naeem” has the right to delete Client data from its servers after a reasonable retention period in line with its internal policies and applicable regulations, unless otherwise agreed upon in writing. The Client can retrieve their data within thirty (30) days from the termination date, upon a request submitted to “Naeem”.

10. Naeem’s Obligations

10.1 Naeem undertakes to provide the Services and strive to make them available in accordance with the best technical and professional practices, ensuring continuity of operation as much as possible, and providing technical support during official working hours and according to agreed service levels.

10.2 Naeem undertakes to provide technical support, regular maintenance, and necessary updates to the System in accordance with its announced policies and agreed-upon service offers.

10.3 Naeem undertakes to install and activate the System for the Client within seven (7) working days from the date of receipt of the full initial subscription payment, unless additional procedures are required from the Client’s side or due to force majeure.

11. Usage Limits and Controls

11.1 The Client is prohibited from, and it constitutes a material breach of this Agreement, doing any of the following: a. Using the Services for any illegal, unethical, or fraudulent purposes, or for any purpose that violates applicable regulations in the Kingdom of Saudi Arabia. b. Infringing on Naeem’s intellectual property rights or the rights of any other third party. c. Inputting, publishing, or transmitting any viruses, malware, malicious code, or any other materials that may harm the System or other users’ data. d. Collecting, extracting, or copying any data from the System in an unauthorized manner or without prior written consent from Naeem. e. Reselling, licensing, leasing, or redistributing the Services or any part thereof to any third party without explicit written consent from Naeem. f. Interfering with the System’s operation, attempting to disable it, or gaining unauthorized access to any part of it, or bypassing any security restrictions. g. Using the Services in a way that causes inconvenience, harm, or interruption to any other user or to Naeem’s network or servers.

12. Client Content

12.1 The Client retains full ownership of all data and content they input, upload, create, or process using the System.

12.2 The Client acknowledges and warrants that they possess all necessary rights and licenses to use, store, and process all data and content they input into the System, and that such content does not violate any laws, intellectual property rights, or privacy rights of any third party.

12.3 The Client acknowledges full responsibility for any content they publish or make available through the System, and for its compliance with all relevant laws and regulations. Naeem bears no responsibility for the Client’s content.

13. Confidentiality and Non-Disclosure

13.1 Both parties, Naeem and the Client, undertake to maintain the utmost confidentiality of all Confidential Information accessed under this Agreement.

13.2 Each party undertakes not to disclose such Confidential Information to any third party, or use it for any purpose other than fulfilling its obligations under this Agreement, without obtaining prior written consent from the other party that owns the information.

13.3 This confidentiality obligation shall continue for a period of five (5) years after the expiration or termination date of this Agreement.

13.4 This obligation does not apply to information that: (a) was known to the receiving party before its disclosure, (b) becomes publicly available without fault of the receiving party, (c) is lawfully obtained from other non-confidential sources, or (d) is required to be disclosed by a court order or binding legal or governmental requirement, provided the other party is notified thereof in advance if possible.

14. Force Majeure

14.1 Naeem shall not be liable for any delay or failure in performance or breach of obligations set forth in this Agreement if such delay or failure is caused by circumstances beyond its reasonable control, considered as “Force Majeure”. Force Majeure events include, but are not limited to: natural disasters, wars, acts of terrorism, labor strikes, sudden government decisions, epidemics, general disruption of communication or electricity services, or large-scale cyberattacks that exceed reasonable security measures.

14.2 In case of a Force Majeure event, the affected party’s obligations shall be suspended for the duration of such event, and they shall be granted a reasonable period to resume performance after the Force Majeure event ceases.

14.3 The party affected by a Force Majeure event must notify the other party in writing immediately upon its occurrence (and within a maximum of fifteen (15) days), and take all reasonable steps to mitigate its effects.

14.4 If the Force Majeure event continues for more than ninety (90) consecutive days, either party has the right to terminate the Agreement with thirty (30) days’ written notice, without bearing any compensatory liability towards the other party.

15. Disclaimer of Warranties

15.1 Naeem’s services are provided “as is” and “as available” without specific warranties beyond what is expressly stipulated in this Agreement, with utmost effort dedicated to maintenance and support to ensure service continuity and minimize disruptions as much as possible.

15.2 Naeem is not absolutely obligated to guarantee the stability and accuracy of the Services, but rather exerts its best efforts and highest professional standards to maintain the stability and accuracy of the Services and address any malfunctions or errors as quickly as possible.

15.3 Naeem is not responsible for errors, malfunctions, interruptions, or damages resulting from third-party services, products, or software (such as telecommunications or hosting providers), unless it is a result of gross negligence or deliberate misconduct on Naeem’s part.

16. Limitation of Liability

16.1 To the maximum extent permitted by applicable laws and regulations, Naeem or any of its directors, employees, agents, or affiliates shall in no event be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, loss of profits, loss of revenue, loss of data, loss of business opportunities, or costs of replacing services, even if Naeem has been advised of the possibility of such damages.

16.2 Liability for Security Breaches and Data Leaks: Taking into account “Naeem’s” commitment to take reasonable and appropriate security measures to protect client data, “Naeem” bears no responsibility for any damages, losses, or claims arising from a security breach of the System or data leakage resulting from causes beyond “Naeem’s” reasonable control, including, but not limited to, sophisticated cyberattacks, malware, acts of force majeure, or negligence on the part of the client or any third party. In the event of a security breach or data leakage, “Naeem” undertakes to exert its utmost effort to notify the affected client as soon as possible after discovering and verifying the incident, and to take necessary and reasonable steps to mitigate its effects in accordance with its adopted security policies and applicable regulations in the Kingdom of Saudi Arabia.

16.3 In all cases, regardless of the nature of the claim, the maximum aggregate financial liability of Naeem under this Agreement shall not exceed the total amount of actual fees paid by the Client to Naeem during the twelve (12) months preceding the date of the event giving rise to the claim.

16.4 The Client undertakes to indemnify Naeem for any losses, claims, damages, or fines arising from the Client’s unlawful use of the Services or their breach of any clause of this Agreement.

17. Third-Party Links and Content

17.1 The Services may include links to third-party websites, applications, or services. Naeem bears no responsibility for the content of these websites, applications, or services, or for their privacy policies, or for any damages or losses that may arise from their use.

17.2 The Client acknowledges their sole responsibility for evaluating and using any services, products, or information provided by third parties, and this shall be at their own risk.

18. Governing Law and Dispute Resolution

18.1 This Agreement shall in all its aspects be governed by and construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia.

18.2 In case any dispute or disagreement arises between the parties, both parties shall first attempt to settle such dispute amicably through good faith negotiations.

18.3 If an amicable settlement is not reached within the specified period, the parties agree that the competent courts in the city of Riyadh, Kingdom of Saudi Arabia, shall have exclusive jurisdiction to settle any dispute arising out of or related to this Agreement.

19. General Provisions

19.1 This Agreement constitutes the entire understanding and agreement between the parties concerning its subject matter, and supersedes and cancels any prior agreements or understandings, whether oral or written.

19.2 If any provision of this Agreement becomes void or unenforceable by a competent court, the remaining provisions shall remain in full force and effect.

19.3 All notices and communications required under this Agreement must be in writing and shall be deemed properly delivered when sent to the registered email address of each party with Naeem, registered during account creation.

19.4 Naeem’s delay in exercising any right or power under this Agreement shall not be construed as a waiver of that right or power, nor shall it prevent its later exercise.

19.5 Naeem has the right to assign this Agreement or any of its rights and obligations hereunder to any of its affiliates or to any third party in the context of restructuring, merger, or acquisition, provided the Client is notified thereof.

19.6 Exceptions: Some exceptions to this Agreement or its general terms may be included in the invoice issued to the Client, the price quote provided to them, or via an official email issued by Naeem. In case of conflict, the exceptions mentioned in these documents shall take precedence over the clauses of this Agreement.

Latest Updated Date: 20/07/2025