Terms and Conditions
1. Key Definitions
1.1 “Naeem”:
Refers to Creative Foundations Information Technology Company (أسس إبداعية لتقنية المعلومات), 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 technology solutions provided by Naeem, including but not limited to the personal care center management system, together with its software, applications, support and related documentation.
1.3 “Client”:
Refers to any person 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 enters, uploads, stores or processes using the System, such as the Client’s customer data, staff data and financial data.
1.5 “Confidential Information”:
Means any technical, commercial, financial, marketing or other information of a confidential nature disclosed under this Agreement.
1.6 “Agreement”:
Means this document with all its terms and conditions, and any appendices, policies or other notices issued by Naeem that are considered part of it, as well as any future updates.
1.7 “Core (Essential) Services”:
Means the basic and principal features and functions of the System that are necessary to enable the Client to achieve the main purpose of its subscription and use of the System, without which the System loses an essential part of its value or becomes unable to perform its main advertised function. These services include, but are not limited to, the functions explicitly listed in the core subscription invoice, such as (invoicing system, staff management, inventory management, etc.). They do not include additional or trial features or secondary functions that do not materially affect the Client’s core ability to use the System.
2. Scope of the Agreement and Acceptance
2.1 This Agreement sets out the contractual relationship between Naeem and the Client regarding access to and use of the Services.
2.2 The Client’s access to, use of, or registration for the Services constitutes the Client’s explicit and unconditional acceptance of all terms of this Agreement and full commitment to them, and the Client waives any right to object to them later.
2.3 The Client acknowledges that it has read and fully understood this Agreement and that it has the legal capacity required to accept it.
2.4 This Agreement is binding on both parties and takes precedence over any previous agreements, unless otherwise agreed in writing between the parties.
3. Amendments to the Agreement
3.1 Naeem reserves the right to amend or update any term of this Agreement at any time, in line with applicable regulations or to improve the Services.
3.2 Naeem will notify the Client of any amendments to the Agreement by registered email or through in-system notifications at least thirty (30) days before the effective date of such amendments.
3.3 Amendments are deemed effective unless the Client notifies Naeem in writing of its rejection of them within the notice period set out in clause 3.2, by sending the rejection notice to: Customers@cg.sa.
3.4 If the Client rejects the amendments:
a. The previous terms and conditions remain in force and binding on the Client until the end of its current subscription period.
b. Upon any subsequent renewal of the subscription after the effective date of the amendments, the Client is deemed to have accepted the amended terms and conditions, and the renewal will take place under them.
4. Fees and Payment Methods
4.1 The Client undertakes to pay all fees and amounts due for using the Services, in accordance with the agreed quotation and the invoices issued by Naeem, within the deadlines specified in them and using the approved payment methods.
4.2 The Services will not be activated for the Client, or continue to be provided, until all amounts due have been paid in full.
4.3 Naeem reserves the right to request any official supporting documents from the Client, such as its commercial registration or licenses, at any time it deems necessary.
4.4 If there is any calculation error in an issued invoice, the error will be settled within thirty (30) days of its discovery, and Naeem shall have no obligation to pay any compensation or additional penalties as a result of the error.
4.5 If the Client is late in paying any amount due, the procedures set out in clause 9.2.a of this Agreement apply.
4.6 Naeem is entitled to claim all amounts due for the renewal of the Services, unless the Client notifies Naeem that it does not wish to renew in accordance with the conditions set out in clause 9.1 of this Agreement.
4.7 Naeem may develop and offer additional services or features within the System, or provide additional services at the Client’s request, which may be optionally available to the Client for additional fees. The Client will be notified separately of these new services, their financial details and terms, and they will not be activated or charged to the Client without the Client’s explicit approval and request.
4.8 Naeem undertakes to provide the services and features included in the Client’s paid core subscription plan, as specified and detailed in the invoice issued to the Client, without charging additional fees for them throughout the term of that subscription. Any material updates or improvements to the Core Services will be part of the existing subscription, unless the Client is notified otherwise regarding an entirely new version of the System or different subscription plans offered in the future, to which the Client will be given the option to move.
In exceptional and justified cases — such as binding regulatory obligations, necessary technical updates, discontinued third-party support that makes continuing the service impossible, or as part of an overall development of the System to deliver a better experience or focus on more effective features for all users — Naeem may need to remove services entirely from the System for all clients. In such cases, the Client will be notified at least fifty (50) days before the effective date of the change.
If the service concerned is a Core Service, the Client may, within thirty (30) days of the notice of the change, choose one of the following two options:
a. Continue the subscription: by accepting the change, in which case the subscription continues with the remaining services in the plan.
b. Terminate the Agreement: terminate the Agreement immediately, in which case the Client is entitled to a pro-rata refund of the paid subscription fees for the unused remaining period, calculated on the basis of the days remaining in the subscription after the date on which the feature or service is actually removed from the System.
Examples clarifying the concept of a “Core Service”:
What may be considered a “Core Service”:
For example:
- Client management system
- Invoicing
- Bookings
- Payments
- Inventory
- Accounting
What may not be considered a “Core Service” (but rather an additional or secondary feature):
For example:
- Changing the interface color or icon style.
- Removing very advanced analytical reports that most clients do not use.
- Removing an integration with a third-party application.
- Notification or alert services.
5. Intellectual Property Protection
5.1 The Client acknowledges and agrees that all intellectual property rights relating to the Services and the System, including but not limited to software, code, databases, designs, trademarks, logos, domain names, patents, copyrights, trade secrets, and technical and training 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 to it under this Agreement to use the Services solely for the specified purposes in accordance with 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 of it, create derivative works from it, or allow any third party to do so.
5.4 Any developments, improvements, customizations or modifications made by the Naeem team or any of its contractors or partners at the Client’s request remain the full intellectual property of Naeem, unless explicitly agreed otherwise under 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 Line with the Standards of the Saudi Data & AI Authority (SDAIA)
6.1 Naeem’s commitment to data protection: Naeem undertakes to apply the highest standards of information security, data protection and privacy, in line with the laws, regulations and policies issued by the Saudi Data & AI Authority (SDAIA). These commitments include applying appropriate technical and organizational measures to protect data from unauthorized access, alteration, disclosure, destruction or loss.
6.2 Client’s responsibility for its data: The Client acknowledges that all data it enters, processes, stores or uses through the System is its sole property. The Client alone bears full responsibility for the accuracy, correctness, completeness and lawfulness of this data, for obtaining the consents and licenses required to process and store it, and for complying with all applicable data protection and privacy laws under 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 the SDAIA standards set out in this Agreement.
6.3 Use of data and metadata by Naeem:
a. The Client acknowledges and agrees that Naeem will process and use its data and metadata only to the extent strictly necessary to provide the agreed Services and their technical support, as well as to improve System performance and develop new features.
b. Full ownership of the data and metadata remains with the Client at all times. Naeem undertakes never to share or sell this data or metadata with any third party, except with the Client’s consent.
c. For general analysis, statistics and service improvement (such as studying the number of salons in a particular city or the volume of operations over a period of time), Naeem may use data that has been aggregated and fully anonymized. This means it is impossible to identify the Client or its sensitive data from these analyses and statistics. This use ensures the Client’s privacy is fully preserved, while allowing Naeem to develop its services based on a broader understanding of the market.
6.4 Confidentiality of login credentials: The Client undertakes to keep its login information (such as username and password) strictly confidential, to store it in a secure place, and not to share it with any unauthorized third party. Naeem disclaims responsibility for any damage or loss arising from the Client’s failure to comply with this obligation or from the disclosure of its login credentials.
6.5 Client security measures: The Client undertakes to take all necessary security measures to protect its systems, networks and devices from malware and viruses, and to ensure that its access to the System is secure and authorized.
7. Client Obligations
7.1 Appointing an account administrator: The Client undertakes to appoint an authorized account administrator to be the main point of contact with Naeem for managing the System and communicating on technical and operational matters, and must inform Naeem immediately of any change in this administrator’s details.
7.2 Regulatory compliance: The Client undertakes to comply fully with all laws, regulations and rules in force in the Kingdom of Saudi Arabia relating to its business activity and to user data, including data protection and privacy laws.
7.3 No assignment: The Client may not assign any of its rights or obligations under this Agreement to a third party without Naeem’s prior, explicit written consent.
7.4 Acceptable use: The Client undertakes to use the Services only for their intended purpose, in a manner that does not conflict with this Agreement or any applicable laws or regulations and does not cause harm to Naeem or to third parties.
7.5 Technical requirements: The Client acknowledges its responsibility for providing all technical and operational requirements on its side needed for the System to work properly, including a stable internet connection, compatible devices, up-to-date drivers, suitable operating systems, and official licenses for any necessary supporting software.
7.6 Cooperation and support: The Client undertakes to provide the necessary cooperation and support to the Naeem team when it provides technical support, resolves issues, or carries out updates or maintenance, and to submit support requests through the designated channels with sufficient information.
7.7 Training: The Client undertakes to train its staff in the safe and correct use of the System.
8. Refund Policy
8.1 The Client may request a refund of the System license fee only, and only for the first year, within thirty (30) calendar days of the account activation date, provided that the activation date is no more than sixty (60) days after the date of the initial payment.
8.2 The refund policy does not cover the value of hardware, additional services, third-party services or any costs other than the core System license fee. The Client also acknowledges and agrees that, if a refund request is approved, any fees related to processing the original payment or to refunding the amount (payment gateway fees and similar) may be deducted from the amount refunded to the Client.
8.3 A refund request must be submitted to Naeem in writing, together with all required details, and approval of the request is at Naeem’s discretion after verifying that all conditions are met. The amount due will be refunded to the Client by the same payment method originally used, unless another method is agreed in writing.
9. Termination of the Agreement and Account Suspension
9.1 Client’s right to cancel: The Client may cancel its subscription to the Services by sending written notice to Naeem at least thirty (30) days before the periodic renewal date of the subscription.
9.2 Naeem’s right to suspend the account or terminate the Agreement (with prior notice):
Naeem may temporarily suspend the Client’s account or terminate this Agreement, with prior notice to the Client by registered email or text message, in the following cases:
a. Late payment (notice, then suspension): If the Client is late in paying any fees due by more than seven (7) days from the due date. Naeem will send a prior payment reminder and, if payment is not made within the specified period, may temporarily suspend the Services. If the late payment continues for more than thirty (30) days from the due date, Naeem may terminate the Agreement immediately.
b. Remediable breaches (notice, then termination): If the Client breaches any term of this Agreement, the breach is remediable, and the Client does not remedy it within a period set by Naeem not exceeding fifteen (15) days from the date the breach notice is sent.
9.3 Naeem’s right to suspend the account or terminate the Agreement (immediately and without prior notice):
Naeem may, without prejudice to any other rights or remedies, 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 constitute a serious risk, an explicit violation, or direct harm:
a. Unlawful or harmful use: The Client using the Services for unlawful purposes, or in violation of any law or government regulation in force in the Kingdom of Saudi Arabia, misusing the System, or causing any direct security or operational harm to the System or to Naeem’s networks.
b. Sharing the account or login information: The Client sharing the account or login credentials with unauthorized parties, or allowing them to access the Services in any way.
c. Providing misleading information: The Client providing misleading, false or incorrect information or documents to Naeem at registration or at any later time.
d. Harm to reputation or quality: Any act or omission by the Client that directly and materially harms Naeem’s reputation or the quality of its services.
9.4 Effects of termination:
a. No entitlement to refund or compensation: If the Agreement is terminated because of the Client’s breach of any of its obligations set out in clause 9.3 (cases of immediate suspension), the Client may not claim any refund of fees paid or any compensation of any kind.
b. Notice of the action taken: If the Client’s account is suspended or the Agreement is terminated, whether with prior notice or immediately, Naeem will send the Client a notice of the action taken by registered email or text message.
c. Access to data after termination: Upon termination of the Agreement for any reason, the Client’s right to access the Services ends immediately. Naeem may delete the Client’s data from its servers after a reasonable retention period consistent with its internal policies and applicable regulations, unless otherwise agreed in writing. The Client may retrieve its data within thirty (30) days of the termination date, upon a request submitted to Naeem.
10. Naeem’s Obligations
10.1 Naeem undertakes to provide the Services and work to make them available in accordance with best technical and professional practice, in a way that ensures business continuity as far as possible, and to provide technical support during official working hours and in line with the agreed service levels.
10.2 Naeem undertakes to provide technical support, regular maintenance and the necessary updates to the System in accordance with its published policies and the agreed service offerings.
10.3 Naeem undertakes to install and activate the System for the Client within seven (7) working days of receiving the full amount due for the initial subscription, unless additional action is required on the Client’s side or there is a force majeure event.
11. Usage Limits and Controls
11.1 The Client is prohibited from doing any of the following, which constitutes a material breach of this Agreement:
a. Using the Services for any unlawful, unethical or fraudulent purpose, or for any purpose that violates the laws in force in the Kingdom of Saudi Arabia.
b. Infringing the intellectual property rights of Naeem or of any other third party.
c. Introducing, publishing or transmitting any viruses, malware, malicious code or any other material 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 Naeem’s prior written consent.
e. Reselling, licensing, leasing or redistributing the Services or any part of them to any third party without Naeem’s explicit written consent.
f. Interfering with the operation of the System, attempting to disable it, gaining unauthorized access to any part of it, or bypassing any security restrictions.
g. Using the Services in a way that causes disturbance, 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 that it enters, uploads, creates or processes using the System.
12.2 The Client acknowledges and warrants that it holds all rights and licenses necessary to use, store and process all data and content it enters into the System, and that this content does not infringe any laws, intellectual property rights or privacy rights of any third party.
12.3 The Client acknowledges its full responsibility for any content it publishes or makes available through the System and for its compliance with all relevant laws and regulations, and Naeem bears no responsibility for the Client’s content.
13. Confidentiality and Non-Disclosure
13.1 Both parties, Naeem and the Client, undertake to keep strictly confidential all Confidential Information they access under this Agreement.
13.2 Each party undertakes not to disclose this Confidential Information to any third party, or to use it for any purpose other than performing its obligations under this Agreement, without the prior written consent of the other party that owns the information.
13.3 This confidentiality obligation continues for five (5) years after the expiry or termination of this Agreement.
13.4 This obligation does not apply to information that: (a) was known to the receiving party before it was disclosed, (b) becomes publicly available through no fault of the receiving party, (c) is lawfully obtained from other sources not subject to confidentiality, or (d) is required to be disclosed under a court order or a binding legal or governmental requirement, provided the other party is notified in advance where possible.
14. Force Majeure
14.1 Naeem bears no responsibility for any delay, failure to perform or breach of the obligations set out in this Agreement if the delay or failure results from circumstances beyond its reasonable control, which are considered “force majeure”. Force majeure events include, but are not limited to: natural disasters, wars, acts of terrorism, labor strikes, sudden government decisions, epidemics, general outages of telecommunications or electricity services, or large-scale cyberattacks that exceed reasonable security measures.
14.2 If a force majeure event occurs, the affected party’s obligations are suspended for the duration of the event, and it is given a reasonable period to resume performance after the cause of the force majeure ends.
14.3 The party affected by a force majeure event must notify the other party in writing as soon as it occurs (and within a maximum of fifteen (15) days), and take all reasonable steps to mitigate its effects.
14.4 If the force majeure continues for more than ninety (90) consecutive days, either party may terminate the contract with thirty (30) days’ written notice, without any liability for compensation to the other party.
15. Disclaimer of Warranties
15.1 Naeem’s services are provided “as is” and “as available”, without specific warranties other than those expressly set out in this Agreement, while making every effort in maintenance and support to ensure service continuity and avoid interruptions as far as possible.
15.2 Naeem does not guarantee the stability and accuracy of the Services absolutely, but makes its best efforts, to the highest professional standards, to maintain the stability and accuracy of the Services and to address any faults or errors as quickly as possible.
15.3 Naeem bears no responsibility for errors, faults, interruptions or damage resulting from third-party services, products or software (such as telecommunications or hosting providers), unless this results from gross negligence or willful misconduct on Naeem’s part.
16. Limitation of Liability
16.1 To the maximum extent permitted by applicable laws and regulations, neither Naeem nor any of its directors, employees, agents or affiliates shall in any event be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, or the cost of replacement 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 the Client’s data, Naeem bears no responsibility for any damage, loss or claims arising from a security breach of the System or a data leak resulting from causes beyond Naeem’s reasonable control, including but not limited to sophisticated cyberattacks, malware, force majeure events, or negligence on the part of the Client or any third party. In the event of a security breach or data leak, Naeem undertakes to make its best efforts to notify the affected Client as soon as possible after the incident is discovered and verified, and to take the necessary and reasonable steps to mitigate its effects in accordance with its security policies and the laws in force in the Kingdom of Saudi Arabia.
16.3 In all cases, and regardless of the nature of the claim, Naeem’s maximum total financial liability under this Agreement shall not exceed the total actual fees paid by the Client to Naeem during the twelve (12) months preceding the date of the event that gave rise to the claim.
16.4 The Client undertakes to indemnify Naeem for any losses, claims, damages or fines resulting from the Client’s unlawful use of the Services or its breach of any term 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, for their privacy policies, or for any damage or loss that may arise from their use.
17.2 The Client acknowledges that it alone is responsible for evaluating and using any services, products or information provided by third parties, at its own risk.
18. Governing Law and Dispute Resolution
18.1 This Agreement is governed in all respects by, and shall be interpreted in accordance with, the laws and regulations of the Kingdom of Saudi Arabia.
18.2 If any dispute or disagreement arises between the parties, they undertake first to attempt to settle it amicably through good-faith negotiation.
18.3 If no amicable settlement is reached within the specified period, the parties agree that the competent courts in Riyadh, Kingdom of Saudi Arabia, shall have exclusive jurisdiction to decide any dispute arising from or relating to this Agreement.
19. General Provisions
19.1 This Agreement represents the entire understanding and agreement between the parties regarding its subject matter, and supersedes and cancels any previous agreements or understandings, whether oral or written.
19.2 If any term of this Agreement becomes void or unenforceable by a competent court, the remaining terms remain in full force and effect.
19.3 All notices and correspondence required under this Agreement must be in writing, and are deemed duly delivered when sent to the email address registered by each party with Naeem during account registration.
19.4 Any delay by Naeem in exercising any right or power under this Agreement shall not constitute a waiver of that right or power, nor prevent its later exercise.
19.5 Naeem may assign this Agreement or any of its rights and obligations under it to any of its affiliates or to any third party in the context of a restructuring, merger or acquisition, provided the Client is notified.
19.6 Exceptions: Certain exceptions to this Agreement or its general terms may be set out in the invoice issued to the Client, the quotation provided to it, or an official email from Naeem. In the event of a conflict, the exceptions stated in these documents take precedence over the terms of this Agreement.
Updated on: 20/07/2025
Effective date: 25/08/2025