The provisions of this Agreement shall apply to the Cloud Computing Services provided to Subscribers and/or Visitors residing inside or outside the Kingdom of Saudi Arabia. These Terms and Conditions and the Privacy Policy set forth below (collectively, the “Agreement“) govern the terms and conditions applicable to the Website and the Services. In return, Subscribers and Visitors shall be bound by the provisions of this Agreement, whether or not they have reviewed or read them, and such provisions shall be legally binding.
Please read this Agreement carefully. Continued subscription to, use of, or browsing of the Website and Services, as well as submission of data and information, shall constitute acceptance of this Agreement. If you do not agree to this Agreement or to any updated version thereof, you must not use or access the Service Provider’s Website or any services related thereto and must exit immediately.
The above preamble shall constitute an integral and inseparable part of this Agreement and shall be interpreted and applied accordingly.
The following terms, wherever used throughout this Agreement, shall have the meanings assigned to them below:
1. “Service Provider”: The Service is owned and operated by Logix Information Technology Company, an existing company operating in accordance with the laws of the Kingdom of Saudi Arabia, with its headquarters in Riyadh, at: 2611 Prince Mohammed Bin Abdulaziz Road – Al Olaya 12222 – 8045.
2. “Cloud Computing Agreement”: Any agreement entered into between the cloud computing service provider and the Subscribers for the provision of such services.
3. “Logix ERP Website”: Hereinafter referred to throughout this Agreement as the “Website”, means the official website of the Service Provider, containing information and visual and audio materials introducing the Service, explaining its features and methods of use and subscription, in addition to the Subscriber login page.
4. “Services” or “Service”: The platform provided by the Service Provider, which contains enterprise resource planning software services based on the cloud computing model, as described in terms of its features and capabilities on the official Website of the Service.
5. “Optional Services”: Any additional service related to the Logix ERP Service and specified on the Website, such as implementation, setup, installation, or training services.
6. “Subscriber” or “Subscribers”: Any individual, group of individuals, entity, or its affiliates authorized by the Service Provider to benefit from the Service according to the type of subscription.
7. “Visitor” or “Visitors”: Any natural person, whether an individual or group of individuals, or any legal entity or group of entities, regardless of their type, who is not a Subscriber and accesses or browses the Website or Services.
8. “Use” or “Usage”: Any person accessing, browsing, or using the Website or any of its functions in any manner, including, by way of example, financial and accounting management systems, human resources management systems, sales management systems, procurement management systems, warehouse management systems, and other systems included in the selected package.
9. “Personal Data”: Any data, regardless of its source or form, that may specifically identify an individual or make it possible to identify an individual directly or indirectly, including, without limitation, name, personal identification number, addresses, contact numbers, license and registration numbers, personal property information, bank account and credit card numbers, still or moving images of an individual, and other data of a personal nature.
10. “Service Data” or “Cloud Data”: The databases, information, and records entered by the Subscriber into the systems or services of the Service Provider.
11. “Affiliates” or “Representatives”: Including, without limitation, all employees, authorized representatives, agents, affiliated companies, persons under the control of, or persons acting on behalf of, the relevant party.
The subscription shall commence upon acknowledgment and acceptance of this Agreement and shall remain in effect for as long as the Subscriber continues to pay the subscription fees specified on the Website, or for as long as the Visitor continues to access the Website.
1. Subscription to and use of the Services or Optional Services shall be made by accessing the Website and selecting “Subscribe,” “Add,” “Renew,” or “Upgrade.” By doing so, the Subscriber agrees to pay the selected annual service fees as specified in the Service description on the Website.
2. Service fees shall be charged immediately upon “Subscription,” “Addition,” “Renewal,” or “Upgrade” to cover use of the Service for the period specified on the Website. All fees paid are non-refundable if the subscription is cancelled.
The subscription shall not renew automatically. The Subscriber must access the Website to renew the subscription annually according to the selected package using the payment methods available on the Website.
The Service Provider shall take all measures deemed appropriate to maintain the security of the Website and Services and strengthen its platforms and systems. In return, the Subscriber and Visitor undertake to:
1. Take the necessary security precautions to prevent unauthorized access to their Service account and refrain from providing information to any person, including, without limitation, sharing login links, usernames, passwords, or payment method details associated with the account. The Service Provider shall not be liable for any responsibility or damage resulting from the Subscriber’s failure to take the necessary precautions to protect their information.
2. Under no circumstances may any attempt be made to gain unauthorized access to the Website or Services, whether directly or indirectly, for purposes including, without limitation, copying, modifying, leaking, changing the Website’s designs, damaging it, altering it, occupying its address, obstructing access to it, disrupting it, disabling it, or infringing upon it in any manner whatsoever.
3. The Subscriber shall be solely responsible for any activity occurring through the account created by the Subscriber.
4. The Subscriber must immediately notify the Service Provider upon becoming aware of any unauthorized access to or breach of their account.
5. The Subscriber or Visitor shall be solely responsible for any unauthorized access, attacks, or damage affecting their accounts or devices. Accordingly, the Service Provider encourages the correction of errors, installation of all patches or new releases, and updating of devices and security software.
6. The Service Provider shall report cybersecurity incidents in accordance with the Cloud Computing Regulatory Framework issued by the Communications and Information Technology Commission.
During the subscription period, the Service Provider shall provide technical support to the Subscriber during the working hours announced on the Website and as deemed appropriate by the Service Provider. Such support shall include, for example:
1. Assisting Subscribers in identifying technical problems and helping them resolve such problems.
2. Performing updates, improvements, or other changes related to the Service.
The Subscriber agrees that the Service Provider may perform the necessary maintenance, including, for example, upgrades, addition of new features, updates, backups, and remediation of security vulnerabilities, if any.
Such maintenance may result in temporary service interruptions. The expected maintenance period shall be communicated when necessary, depending on the type and duration of the maintenance.
1. If this Optional Service is requested, training sessions shall be scheduled according to the type of training as detailed on the Website.
2. The Subscriber agrees that if they are unable to attend the training session at the agreed time, they must notify the Service Provider and request rescheduling at least twenty-four (24) hours before the agreed appointment. If the Subscriber fails to comply with the specified time, the appointment shall be counted as one of the completed training sessions.
3. Training services may not be available at the Service Provider’s premises. The Service Provider shall have the right to refuse to provide training at the Subscriber’s premises and may provide training remotely.
1. If the subscription is not renewed, the Service Provider shall have the right to delete all Cloud Data after six (6) months from the date of subscription expiration.
2. In the case of subscribing to a trial package, the data shall be deleted immediately after the end of the trial period.
ERP Logix, Logix ERP, LogixERP, and all content, materials, artistic works, graphics, logos, images, texts, trade names, and trademarks contained in the Services and Website are exclusively owned and registered by Logix Information Technology Company. No party may use or infringe upon them, including the following:
1. Works, including, without limitation, creative works of any kind, regardless of their form of expression, importance, or purpose of creation, including, without limitation, computer software, cloud services, technical engineering, and other works.
2. Intellectual property rights, including, without limitation, any other intellectual property rights, whether registered or unregistered, relating to the Services, shall remain the property of the Service Provider, regardless of the sale or provision of the Services.
No modification, reverse engineering, removal, interference, or alteration of the Services shall be permitted in any manner whatsoever. This includes, without limitation, the software, source code, audio, video, animations, text, graphics, logos, tools, images, illustrations, the API interface provided to Subscribers, dashboards, management tools, and graphical interfaces owned by the Service Provider. Such materials may not be copied, reproduced, distributed, modified, uploaded, published, transmitted, printed in physical or electronic form, in whole or in part, or by any other means.
1. The Service Provider disclaims all warranties and liabilities of any kind toward any party, whether express or implied, in whole or in part, including, without limitation, any warranties relating to marketability, intellectual property rights, and trade names.
2. Logix Information Technology Company shall not, under any circumstances, be liable to any party for any direct or indirect consequential damages, including, without limitation, damages resulting from business losses, bankruptcy, loss of profits, damage to goodwill or reputation, business interruption or disruption, indirect or consequential financial losses, special damages, or punitive damages, whether arising from breach of contract, warranty, tort, or otherwise.
3. The Service Provider shall not be responsible for or guarantee any malfunction or errors resulting from improper use of the Services, errors caused by the Subscriber, Visitor, or their Affiliates, or any other cause not attributable to the Service Provider.
4. The Service Provider does not guarantee that the Website, Services, or emails sent to or from it will be free from viruses or harmful components and shall not be liable for any damages of any kind arising from the use of the Website or Services.
5. The Service Provider shall not be responsible for or guarantee against delays, service interruptions, or any other problems involving networks, electronic communications, the Internet, incompatibility of devices operating the Website or Service, or any causes beyond the Service Provider’s control.
The Subscriber or Visitor and their Affiliates shall be responsible for and shall indemnify Logix Information Technology Company and its Affiliates against, without limitation, the following:
1. All damages, claims, proceedings, or demands arising out of or relating to the implementation, delivery, or use of the Service and Website.
2. Any breach of any obligation, warranty, or undertaking by the Subscriber or Visitor under this Agreement.
3. Any negligence or willful misconduct by the Subscriber, Visitor, or their Affiliates.
4. Any third-party claim relating to the obligations of the Subscriber or Visitor under this Agreement.
5. The Subscriber or Visitor shall protect and indemnify the Service Provider and its Affiliates against claims, damages, judgments, expenses, and losses, including attorneys’ fees, arising from any actual or alleged infringement of any patent, intellectual property right, trade name, or other rights belonging to the Service Provider under this Agreement in connection with any Services provided or the Website.
The Subscriber or Visitor shall defend or settle any claim brought against the Service Provider or its Affiliates concerning such infringement at the Subscriber’s or Visitor’s own expense. The Service Provider shall provide the authority, information, and assistance reasonably necessary for such defense.
The term “Amendments” throughout this Agreement includes any change, modification, addition, deletion, replacement, or update related to the Service or this Agreement, regardless of the effect of such amendment.
1. From time to time, the Service Provider shall have the right, at its discretion, to amend any part of this Agreement. The Service Provider shall publish and announce such changes on the Website or through the registered email address. The Subscriber and Visitor shall be responsible for reviewing and accepting such amendments in order to continue using or browsing the Website or Services.
2. The Subscriber and Visitor shall be responsible for failing to review amendments to this Agreement periodically.
3. From time to time, the Service Provider may add additional features and functionalities to the Website or Service, such as functions, tools, content, or new reports. All such features and functionalities shall be subject to the terms and conditions set forth in this Agreement.
A. The Service Provider shall have the right to terminate this Agreement immediately at any time upon written notice, including, without limitation, if the Service Provider ceases to conduct business in the ordinary course, is acquired or merged, makes an assignment for the benefit of creditors, is liquidated, dissolved in any other manner, or becomes partially or wholly bankrupt (a “Business Transfer“).
B. Upon the transfer of the Service Provider’s business to another party, the information/data of Subscribers or Visitors shall be considered assets transferred to the new party.
C. The Subscriber and Visitor acknowledge that such transfer may occur and that the third party or new party to whom the business is transferred may use the information and data as provided for in this Agreement.
D. The Service Provider shall provide the Subscriber with access to its dedicated server for the purpose of copying their data or information for a period of thirty (30) days from the date of the Business Transfer.
This Agreement and the Cloud Computing Agreement are exclusive to the Subscriber, and the Subscriber may not transfer, assign, delegate, or otherwise convey any rights or obligations under them to any other party unless approved by the Service Provider.
Without prejudice to Clauses (1) and (3), the subscription shall terminate in the following cases:
1. If the Subscriber wishes to terminate the Service, termination shall occur by failing to pay the subscription fee or by directly notifying the Service Provider through the Website. In such case, the Subscriber’s data shall be deleted in accordance with Clause (8).
2. The Service Provider or Subscriber, at the discretion of either party, may notify the other party after the subscription period that it does not wish to renew the subscription. The Service Provider shall have the sole right, in any case, to grant the Subscriber a period of thirty (30) days to enable the Subscriber to copy its data in the event of non-renewal.
3. All provisions of this Agreement that, by their nature, are intended to survive termination shall remain in effect after termination of the Agreement, including, without limitation, indemnification, warranties, disclaimers, intellectual property rights, trade names, and representations.
4. In the event of a breach of any provision of this Agreement, the Service Provider shall have the right, at its sole discretion, to cancel the subscription and delete the Subscriber’s data.
1. The Service Provider shall have the right to refuse any Services that violate applicable laws and regulations or for any other reason attributable to the Service Provider.
2. The Service Provider shall provide Cloud Services that are free from material software defects and function effectively, provided that the Cloud Services may not be completely free from technical errors.
3. Except as provided in Clause (9), both parties, namely the Service Provider and Subscriber, acknowledge that neither party may use the other party’s trademarks except to advertise the fact that it has contracted with the other party to provide or receive the Service.
4. Nothing in this Agreement shall be construed as creating an association, joint venture, agency relationship, partnership, or any partnership obligation or liability between the parties. Neither party shall have any right or authority to enter into any agreement or undertaking on behalf of the other party, act on its behalf, or act as its agent or representative.
5. The Subscriber acknowledges and agrees that the Service Provider provides its Services to other parties that may be competitors of the Subscriber, and that such Services may be made available to them.
6. Nothing in this Agreement transfers to any party any intellectual property rights, trade names, patents, copyrights, or other proprietary rights owned by the Service Provider, as such rights are exclusive and remain owned by the Service Provider.
7. The Subscriber or Visitor shall provide, at their own expense, the devices and network connection necessary to access the Website and Services and manage their account. The Service Provider shall not be responsible for any consequences arising from failure to comply with this requirement.
8. The Subscriber shall comply with public morals and applicable laws and regulations in Saudi Arabia and shall exercise due care when using the Services.
9. The Subscriber and Visitor shall not perform or refrain from performing any act with the intention of harming the Service Provider, its Affiliates, or its Services, or damaging its reputation in any manner. Otherwise, the Subscriber and Visitor shall compensate the Service Provider for all expenses and damages that may be assessed at the time of the harmful act, and the competent court may determine the amount of such compensation.
10. This Agreement shall be subject to the policies and controls governing the general rules for transferring Personal Data outside the geographical boundaries of the Kingdom of Saudi Arabia issued by the Saudi Data and Artificial Intelligence Authority (SDAIA), first edition dated 05/05/2020.
11. This Agreement shall be subject to the policies and controls for the protection of Personal Data of children and persons of similar status issued by the Saudi Data and Artificial Intelligence Authority (SDAIA), first edition dated 05/05/2020.
12. Nothing in this Agreement grants any person any right or constitutes the granting of any license under any rights relating to the Services or any similar rights owned by the Service Provider.
13. This Agreement has been prepared in both Arabic and English. In the event of any conflict or inconsistency between the Arabic and English versions, the Arabic version shall prevail.
This Agreement shall be subject to the provisions of the Cloud Computing Regulatory Framework, version 3, issued by the Communications, Space and Technology Commission (CST), with respect to any matter not expressly addressed herein.
In the event of any dispute, God forbid, this entire Agreement shall be governed by and construed in accordance with the laws, regulations, and applicable legislation of the Kingdom of Saudi Arabia. The courts and committees located in the city where the Service Provider’s headquarters is located shall have jurisdiction over such disputes