Terms of use
Signit is a Limited Liability Company incorporated under the laws of the Kingdom of Saudi Arabia, if you are using this service or related websites, then these Terms of Service apply to your use.
Last Modified (20/02/2022)
These Terms and Conditions describes the legal agreement between you and Signit, these Terms (the “Terms”) govern your access to and/or use of the document platform, website and Signit’s content, services and products available at and/or through the website, including, but not limited to, electronic signature services, online uploads, display, delivery, acknowledgment, and limited storage services for documents and/or electronic contracts (collectively, the “Services”) provided by us, Signit, a Limited Liability Company incorporated under the laws of the Kingdom of Saudi Arabia (“Signit”, “we,” “our” or “us”).
1. ACCEPTANCE OF TERMS
The Services are offered and provided subject to your acceptance of the Terms and Conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Signit. By accessing, using, or downloading any material from us, you agree to follow and be bound by the Terms. If you do not agree to the Terms, you are not authorized and must cease using the Services immediately.
2. CHANGES AND COMMUNICATION
We may revise the Terms and/or any additional terms and conditions that are relevant to our Services from time to time, in our sole and absolute discretion. We will post the revised terms on our website and/or Services with a “last modified” date.
It is your responsibility to review the Terms on a regular basis to obtain timely notice of any revision. If you continue to use our Services after the revisions take effect, you agree to be bound by the revised terms. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. The then-current version of the Terms will supersede all earlier versions.
By using the Services, you agree to receive all communications, agreements, and notices that we provide in connection with our Services, including, but not limited to, communications related to our Services and your purchase of or subscription to our Services, via electronic means, including by e-mail, text, in-product notifications, or by posting them on the website or through our Services. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current.
3. LICENSE TO USE OUR SERVICES
3.1 LIMITED LICENSE
Upon your acceptance of the Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the website for your internal business purposes and only as expressly permitted in the Terms, which enables registration of an Account for the use of our Service.
3.2 RESERVATION OF RIGHTS
Our Services and those of our licensors are protected by applicable intellectual property laws, and international treaties. Subject to the limited rights expressly granted hereunder, Signit reserve all rights in and to the Services, including without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
3.3 ACCOUNTS AND TRIALS
Signit will give you the opportunity to experience the Services by registering for free trials (“Free Trial”). During the Free Trial period, you will be able to subscribe to the Service at no obligation and Clause 4 will immediately apply. Note that the Free Trial version of the Services may not include or allow access to all features or functions. Thereafter, the trial period shall expire. Any configuration made by you during the Free Trial, will permanently be lost at the end of the Free Trial period. Unless you purchase a subscription plan to the Services that is equivalent to or greater than those covered by the Trial.
4. SCOPE OF USE
4.1 USE OF SERVICES AND AVAILABILITY
Signit reserves the right, in its sole and absolute discretion, to reduce the term of a Free Trial period or end it altogether without prior notice, and/or to deny access to and/or use of the Services to anyone at any time and for any reason. The Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or use of and/or access to your Account due to circumstances both within our control and outside of our control.
4.2 ACCOUNT
To use our Services, you must create an account (an “Account”). You agree that Signit will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the Services. You must provide accurate and complete information and keep your Account information updated regularly. You shall not: (I) select and/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; and/or (III) use as a username a name that is otherwise offensive, vulgar and/or obscene. You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate the Terms, we may terminate your Account immediately. You must notify us immediately of any change in your eligibility to use the Services, breach of security and/or unauthorized access to and/or use of your Account. You must never publish, distribute and/or post login information for your Account. You are responsible for safeguarding your password that you use to access your Account, and you agree not to disclose it to any third party. If you suspect your password has been compromised, you need to promptly change it. If we terminate your Account, you are not allowed to subscribe under a new Account unless we invite you in writing. Signit will not be liable for any acts and/or omissions by you, including without limitation, any damages of any kind incurred as a result of such acts and/or omissions. You hereby take responsibility for all actions taken under your Account by you or any third parties including any abuse, unauthorized use, and resulting fees.
4.3 RESTRICTIONS ON USE OF THE SITE AND SERVICES
Except as expressly specified in the Terms, you will not and will not permit any 3rd party to: (i) modify, and/or make derivative works of, disassemble, reverse compile and/or reverse engineer any part of the Services; (ii) copy, reproduce, distribute, republish, download, distribute, disclose, encumber, time-share, license, sell, distribute, display, post and/or transmit any part of the Services in any form and/or by any means use or permit the use of, reproduce or otherwise duplicate, disclose, distribute, modify, encumber, time-share, license, sublicense, sell, distribute, assign, rent, lease, or transfer any Services, any portion thereof, and/or otherwise commercially exploit the Services, in whole or in part; (iii) frame and/or utilize framing techniques to enclose any trademark, logo, and/or other portion of the Services; (iv) use Signit’s name and/or trademarks; (v) use any manual and/or automated software, devices and/or other processes to remove and/or download data from any pages contained in the Services; (vi) use and/or access the Services in order to build a similar and/or competitive website, product, and/or service; (vii) copy, reproduce, distribute, republish, download, display, post and/or transmit any part of the Services in any form and/or by any means; (viii) remove and/or destroy any copyright notices and/or other proprietary markings contained on and/or in the Services; (ix) intentionally hold SignIt and/or their employees and/or directors up to public scorn, ridicule and/or defamation; (x) promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; (xi) take any action that imposes or may impose (as determined by us in our sole and absolute discretion) an unreasonable and/or disproportionately large load on our (and/or our third party providers’) infrastructure; (xii) run any form of auto-responder and/or “spam” on the Services, or use the Services to conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, or unsolicited e-mail or multi-level marketing campaigns ; (xiii) use the Services for any unlawful purpose and/or to violate any relevant laws and regulations and/or other guidelines which may be applicable to the Services provided; (xiv) access, store, distribute or transmit any viruses, malware, or other harmful material during the course of your use of the Service; (xv) make the functionality of the Services available to multiple users through any means, including, but not limited to distribution of the Services or by uploading the Services to a network and/or file-sharing service and/or through any hosting, application services provider and/or any other type of service, and/or (xvi) circumvent or disable any security or technological features or measures of the Services. You will comply with any technical restrictions on the Services that allow you to use the Services only in certain ways. Any unauthorized use of the Services will give Signit the right to terminate your Account and all the rights granted by Signit pursuant to the Terms.
4.4 SIGNIT USE THIRD PARTIES
Signit may use third parties including partner and affiliates to sell, deploy, configure, and/or support Services. By using the Services, you consent to Signit sharing your Account data with third parties in order to enable such third-party activities.
5. MEMBERSHIP
You can purchase a paid plan. All fees due and payable by you to Signit under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind. All fees due and payable under the Terms are exclusive of applicable taxes, which will be added at the prevailing rate from time to time. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the subscription term unless you cancel as further set forth herein.
5.1 CANCELLATION POLICY
When you submit a cancellation request, no additional charges will be made. However, no refunds are provided upon cancellation. In the interest of fairness to all of our clients, no exceptions will be made.
5.2 FREE TRIAL
Signit offers a Free Trial for all of our plans. You are not required to enter payment information, but your plan will expire at the end of the Free Trial period (or earlier, at our discretion). If you choose to enter billing information, your first charge will occur after your signup date. If you elect the Free Trial and you cancel your Account before the end of the Free Trial period, you won’t be billed at all, even if you entered your billing information. If you do not purchase a plan during the Free Trial period, the data you include may be permanently deleted. Signit provides both monthly and annual plan billing. In monthly plans, charges will be made each renewal day (the same day of the month that you originally signed up for the plan). In annual plans charges will be made each renewal date (the same date of the year that you originally signed up for the plan). Plans automatically renew every month or year (as the case may be), If you cancel before an upcoming renewal day, you will have access to your Account through the end of the then-current month or year (as the case may be).
5.3 LATE FEES, DEACTIVATION AND SUSPENSION
If your Account information is changed or if – for any reason – a charge is rejected, you are obliged to immediately update your Account or add a new payment account, as appropriate.
In case you did not change your Account information, Signit will send a detailed invoice of the amount due and you will be obliged to pay the amount due in full within (7) seven days after the date of the invoice. In the event that you changed your Account information, you are obliged to notify Signit in writing – of any change – at least (7) seven days prior to the immediately next billing date. Signit may, without liability to you, deactivate your Account, disable your password, and access to all or part of the Services if any fees owed are not paid within (30) thirty days after such fees first becoming due and payable under the Terms. If valid payment information is entered and fees are paid in full, Accounts may be reactivated.
Signit reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment.
6. CONTENT
6.1 USER CONTENT
We reserve the right to, but do not have any obligation to, (I) remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason, and/or for no reason at all; and (II) remove or block any content from the Services.
You represent and warrant that: (I) you are: 18 years of age or older or otherwise of legal age in your resident jurisdiction; (II) competent to agree to the Terms; (III) any information and User Content you provide in connection with your access to and use of the Services is true, accurate and complete and you will maintain and update such information regularly; (IV) you will respect the intellectual property, other information, and all rights of Signit, others using the Services, and all third-parties; and (V) any information and/or User Content you provide in connection with your access to and/or use of the Services does not infringe on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights.
You acknowledge that you are not permitted to use the website if you cannot make these warranties and representations. If you are agreeing to the Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Terms on that organization or entity’s behalf and bind them to the Terms (in which case, the references to “you” and “your” in the Terms, except for in this sentence, also refer to that organization or entity).
You acknowledge that all content you or your users upload, create, submit, distribute, and/or post to the Services, which is or may be provided to Signit and/or placed on your Signit page, or inputted and/or uploaded by you via the Services (“User Content”) whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Signit has no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage and/or transmission of other communications originating with and/or involving use of the Services.
You acknowledge that if you post User Content, you grant us a nonexclusive, royalty-free, irrevocable, assignable, and fully sublicensable right to use, view, access, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such User Content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to view, copy, access, store, or reproduce such User Content for that user’s personal use. You represent and warrant that: (I) you own or otherwise control all of the rights to the User Content that you share; (II) the User Content you share is truthful and accurate; and (III) use of the User Content you post does not violate the Terms or any applicable laws. Notwithstanding the forgoing, you consent to give us the right to use all your information that you submit in connection with User Content.
6.2 FEEDBACK
Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Services. If you provide us with any feedback, ideas, suggestions, improvements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to Signit a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. You represent and warrant that you have all rights necessary to submit the Feedback. Any Feedback that you provide to Signit will be treated as non-confidential and non-proprietary. You represent and warrant that you have all rights necessary to submit the Feedback.
6.3 CONTENT PROVIDED BY OTHERS
You must carefully choose the information that you post on, through and in connection with the Services. You are aware of all risks associated with User Content, including and not limited to anyone’s reliance on its quality, accuracy, and/or reliability by you. Signit will not be responsible for and will not control such User Content. Signit disclaims any and all liability for your disclosure of confidential information you submit through the Services to other individuals. It is your responsibility to ensure that Services users will take appropriate security and non-disclosure measures.
7. CONFIDENTIALITY
“Confidential Information” means (a) for Signit and its affiliates, the Services, and documentation, any information disclosed to recipient either directly or indirectly, that is designated as “confidential” or “proprietary” at the time of disclosure, or that, due to the nature of the information, recipient would reasonably understand it to be confidential whether or not marked, designated, or otherwise identified as “confidential”. “Confidential Information” includes any know-how, trade secrets, or information related to Signit’s business (including pricing), technology, products and services, finances, employees, strategies, and plans. Confidential Information shall not include any information that: (I) was or becomes generally known to the public through no fault or breach of the Terms by the recipient; (II) was rightfully in the recipient’s possession at the time of disclosure without restriction on use or disclosure; (III) was independently developed by the recipient without use of the disclosing party’s Confidential Information; or (IV) was rightfully obtained by the recipient from a third party not under a duty of confidentiality and without restriction on use or disclosure.
7.1 OWNERSHIP OF PROPRIETARY INFORMATION
The Services contain copyrighted material, trade secrets and other Confidential Information of Signit and its licensors. Signit and its licensors own and will retain ownership of all right, title, and interest in Services including intellectual property rights therein (excluding your Content). You own and will retain ownership of all right, title, and interest in your Content. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
8. PROHIBITED USER CONTENT
You agree that you will not under any circumstances transmit any User Content (including software, text, images, or other information) that, in our sole discretion:
(I) is illegal and/or violates any relevant laws and regulations, and/or advocates unlawful activities;
(II) defames, harasses, abuses, threatens, or incites violence towards any individual or group;
(III) Falsely states, misrepresents, or conceals your affiliation with another individual or entity;
(IV) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of disability, religion, ethnicity, gender, sexual orientation, race, and/or age;
(V) “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else. And/or is spam, is machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation and/or any form of lottery and/or gambling;
(VI) contains and/or installs any viruses, worms, malware, Trojan horses and/or other content that is designed or intended to disrupt, damage and/or limit the functioning of any software, hardware, and/or telecommunications equipment and/or to damage and/or obtain unauthorized access to any data and/or other information of any third party;
(VII) infringes on any proprietary right of any party, including, copyright, trademark, patent, trade secret, right of publicity and/or other rights;
(VIII) impersonates any person or entity, including any of our employees or representatives; and/or
(IX) contains payment card data, including credit or debit card data; and/or
(X) violates the privacy of any individual.
9. REVIEW OF USER CONTENT BY SIGNIT
9.1 USER CONTENT LIABILITY
Signit shall not be liable for any loss, deletion, removal and/or failure of delivery to the intended recipient of user content, whether caused by computer virus, unauthorized access and/or otherwise. You may retain a back-up copy of all User Content and should you do so, you undertake that you shall do so in respect of all uploaded User Content. Signit shall reserve the right to deny access to this site and delete User Content at any time without notice.
You acknowledge and agree that Signit utilizes third-party service providers to host and provide the Services and store User Content and the protection of such User Content will be in accordance with that third-party’s safeguards for the protection of the security, confidentiality, and integrity of the User Content. You are responsible for properly configuring and using the Services, and taking appropriate steps to maintain security, protection, and backup of any User Content. Signit is not responsible for any unauthorized access to, alteration of, and/or the deletion, destruction, damage, loss and/or failure to store any of, User Content and/or other information that you submit and/or uses in connection with the Services.
You acknowledge and agree that Signit may access, preserve, or share any of your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process; and we may also share your information in events involving potential threats to the safety of any individual. This can involve the sharing of your information with government agencies, courts, and/or other organizations.
You acknowledge and agree that Signit has no obligation to monitor your – or anyone else’s – access to or use of the site for violations of the Terms, or to review or modify any content. However, except as otherwise expressly provided herein, Signit has the right to do so for the purpose of operating and improving the Services; including without limitation, fraud prevention, risk assessment, customer support purposes, and advertising, to ensure your compliance with the Terms and applicable laws.
10. SIGNIT DOES NOT PROVIDE LEGAL ADVICE
We understand that part of our Services could include providing contracts, agreements and/or other legal relations, however, we are not a law firm and we do not offer legal advice, legal opinions, recommendations, and/or counselling. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, documents, contracts, or other content available through the Service. Neither Signit nor its employee or representatives shall be liable for any errors or omissions in the content, or for the consequences of actions based on reliance on any content. You acknowledge and agree that other than the Services Signit provides, Signit plays no part in agreements between you and other users.
11. LOCAL LAWS
The use of the Services may be governed by the laws of different countries or regions, and you agree to abide by such local laws. You agree that your use of any electronic signatures will be as valid as any manual signatures if authorized by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations.
12. TERM AND TERMINATION
Subject to this Clause, the Terms will remain in full force and effect while you have access and/or use the Services. Signit has the right to terminate your Account and/or your access to and/or use of all or any part of the Services at any time, with or without cause, with or without notice, effective immediately and without liability, which may involve deletion of your User Content associated with your Account from our databases. If you want to deactivate your Account, you may do so through your Account. Signit will have no liability whatsoever to you for any termination of your rights under the Terms, including without limitation, for termination of your Account and/or deletion of your User Content.
If the Terms expire or are terminated for any reason, you will be obliged to pay all amounts due, amounts that have accrued before, and remain unpaid as of the date of the expiration or termination.
13. DISCLAIMER AND WARRANTIES
Signit is under no obligation to become involved in any dispute that you have with other users and/or in any incident that you are party to with other users, or that are affected by and/or otherwise related to the Services. Signit disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity, or inaccuracy contained in any User Content. You are solely responsible for any damage resulting from use and/or submission of any User Content and/or the Services and related transactions. Signit shall have no responsibility for unauthorized access to your Account, and/or automatic forwarding of messages and/or viruses whether it is caused by viruses or otherwise.
13.1 STORAGE SPACE
Where Signit provides web hosting or other services via the Services involving the provision of computer storage space, and/or in relation to other relevant services, Signit has the right to impose and vary limits and/or restrictions – whether temporary or otherwise – on the use of the Service, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data downloaded and/or uploaded and/or any other criteria we may specify. Any content and/or materials which exceeds any such limit may be deleted and/or not accepted for such storage without liability to Signit.
13.2 WARRANTIES
THE SERVICES, DOCUMENTATION, AND ANY CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS. YOUR USE OF THE SERVICES, DOCUMENTATION, AND SITE SHALL BE AT YOUR SOLE RISK. SIGNIT,ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (I) MAKE NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (II) EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH SIGNIT EXPRESSLY DISCLAIMS;(III) DO NOT WARRANT THAT THE SERVICES, DOCUMENTATION, OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED OR TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE OF THE SERVICES, DOCUMENTATION, OR SITE; (IV) DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; ANY CONTENT AND/OR SOFTWARE AVAILABLE AT AND/OR THROUGH THE SERVICES IS FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. SIGNIT WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM SIGNIT AND/OR AUTHORIZED REPRESENTATIVES AND/OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.3 LIMITATION OF LIABILITY
NOTWITHSTANDING THE FOREGOING, SIGNIT ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THE TERMS, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA AND/OR PROFITS, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON AGREEMENT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. EVEN IF SIGNIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, AND/OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY SIGNIT ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, SIGNIT’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. INDEMNIFICATION, OBLIGATIONS, AND WAIVER
14.1 INDEMNIFICATION AND OBLIGATIONS
You will defend, indemnify and hold Signit, our employees, representatives, consultants, suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, and assigns harmless from any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/or relate to (I) your use of the Services and/or inability to use the Services; (II) your User Content; (III) your violation of the Terms, (IV) your violation of any rights of a third party through use of the Services or User Content; (V) fraud you commit and/or your intentional misconduct and/or negligence (vi) your interaction with any other user; and/or (VII) your use of the Services that is in violation of any applicable law. Signit has the right to assume the exclusive defence 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 defences.
You agree that Signit has the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without the prior written consent of Signit. Signit will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14.2 WAIVER
You hereby forever discharge and release us, our affiliates and each of our subsidiaries and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (I) the Services; (II) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (III) the conduct, whether online or offline, of any user; (IV) any injury, loss or damage caused by another user or User Content posted on the Services, whether online or offline; and (V) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the Services users’ communications.
15. MISCELLANEOUS
15.1 ENTIRE AGREEMENT
Unless otherwise agreed to by Signit and you in writing, the Terms and Signit Privacy Policy constitutes the entire agreement between Signit and you concerning the subject matter hereof.
15.2 GOVERNING LAW
This agreement (The Terms) and any access to or use of the Services will be governed by the laws of the Kingdom of Saudi Arabia.
15.3 ARBITRATION
Any dispute arising out of, or in connection with, the Terms shall be finally settled in accordance with the Laws of the Kingdom of Saudi Arabia and shall be referred to and finally resolved by arbitration under the DIFC-LCIA Arbitration Rules as amended from time to time.
The number of arbitrators shall be Three arbitrators (“Arbitral Tribunal”) Signit shall nominate one arbitrator for appointment by the DIFC-LCIA Court. You shall nominate one arbitrator for appointment by the DIFC-LCIA Court. The DIFC-LCIA Court shall appoint the presiding arbitrator.
The seat or legal place of arbitration shall be the Dubai International Finance Centre. The language used in the arbitral proceedings shall be English.
Notwithstanding the above, each party may bring an action in any court of competent jurisdiction (a) for provisional relief pending the outcome of arbitration, including, without limitation, provisional injunctive relief or arrest or other pre-judgment attachment of assets, or (b) to compel arbitration or enforce any arbitral award.
15.4 REFERENCE
You agree that we may reference you as our customer, and that we may reasonably use, on a royalty-free basis, your trademark and/or logo for such purpose.
15.5 SEVERABILITY
If any part of the Terms is held to be invalid or unenforceable in full or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in the Terms. A waiver by either you or us of any term or condition of the Terms and/or any breach thereof, in any one instance, will not waive such term and/or condition or any subsequent breach thereof.
15.6 ASSIGNMENT
You may not assign your rights under the Terms to any other party without Signit’s prior written consent; Signit may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
15.7 FORCE MAJEURE
Except for any payment obligations, neither you or Signit will be liable by reason of any failure or delay in the performance of its obligations to perform any obligation under the Terms to the extent such failure is caused by a force majeure event (on account of events beyond the reasonable control of a party including but not limited to denial-of-service, attacks, acts of God, natural disasters, war, civil disturbance, governmental action, and/or strike).
15.8 SURVIVAL
All provisions of the Terms which by their nature should survive termination shall survive termination – including without limitation – ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
15.9 NO WAIVER
No waiver by either you or Signit of any breach and/or default and/or failure to exercise any right allowed under the Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under the Terms.
15.10 NOTICES
Any notice required or permitted to be given in connection with the Services will be effective only if it is in writing and sent using: (I) our Services; (II) by certified or registered mail; or (III) insured courier, to the appropriate party at the address set forth in your registration information, with a copy to (hello@signit.sa). You may change your address for receipt of notice by notice to Signit. Notices are deemed given upon receipt if delivered using our Services, two (2) business days following the date of mailing, or one (1) business day following delivery to a courier.
15.11 LANGUAGE AND TRANSLATIONS
Signit may provide translations of the Terms or other policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version shall prevail.
15.12 CONTACT
If you have any questions about the Services, Terms, complaints, or other inquiries, please contact us at (hello@signit.sa).