KHDMA Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Bdaya Development ("Company," "We," "Us," or "Our"), the provider of the KHDMA platform, and the individual or legal entity ("User," "Subscriber," or "You") accessing or utilizing the KHDMA platform, accessible via khdmaa.com and its associated mobile applications (collectively, the "Platform"). By accessing, browsing, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

Definitions:

Platform

The KHDMA ecosystem, encompassing the web dashboard, mobile applications, integrated ERP modules, and all related services and content.

Service Provider

Any business entity (e.g. SME, legal firm, typing center, service hub) that subscribes to and utilizes the Platform to manage its internal operations, client interactions, and service delivery.

Resident

Any individual who uses the KHDMA mobile application to discover, book, manage, or receive assisted services from Service Providers.

Services

Refers to all features, functionalities, ERP modules, and support provided by KHDMA to both Service Providers and Residents.

Content

Includes all data, information, text, graphics, images, audio, video, and other material displayed on or made available through the Platform.

2. The KHDMA ERP Ecosystem and Service Scope

KHDMA is a platform meticulously designed to serve as the "Service Operating Standard" for businesses operating in the UAE. The Platform offers a comprehensive suite of tools for managing critical business functions, including but not limited to: billing and invoicing, human resources management, smart queue and appointment scheduling, and multilingual service matching. By utilizing the Platform, Service Providers explicitly acknowledge and agree that KHDMA will process all necessary business data provided to ensure the effective management, operational efficiency, and seamless delivery of services through the integrated ERP system. Our aim is to transform fragmented, manual processes into a streamlined, digital, and transparent operational workflow.

3. Subscription and Feature Scaling

KHDMA operates on a modular basis. You are only billed for the specific features and modules you choose to activate within your plan. If your usage is limited to the core system functionalities, your monthly fee will remain at the minimum Starter Plan rate.

Annual Commitment Incentive: A 20% discount is automatically applied to the total subscription cost for all Service Providers who opt for an upfront annual payment.

4. Payment and Refund Policy

5. User Obligations and Prohibited Conduct

By using the KHDMA Platform, you agree to comply with all applicable laws and regulations of the United Arab Emirates and these Terms. You acknowledge that any violation may result in immediate suspension or termination of your account and legal action. Prohibited conduct includes, but is not limited to:

• Account Integrity: Registering or operating more than one account, or registering an account on behalf of another individual or entity without explicit authorization.
• Information Accuracy: Providing false, inaccurate, or misleading information during registration or while using the Services. You are solely responsible for the accuracy and legality of all data you input into the Platform.
• Harmful Use: Engaging in any activity that could damage, disable, overburden, or impair the Platform, or interfere with any other party's use and enjoyment of the Platform. This includes, but is not limited to, introducing viruses, malware, or other malicious code.
• Intellectual Property Infringement: Copying, modifying, distributing, or creating derivative works from any Content or proprietary technology of KHDMA without explicit written consent.
• Unlawful Activities: Using the Platform for any illegal purpose, including fraud, money laundering, or any activity that violates UAE laws or international treaties.
• Reputational Harm: Taking any action that could defame, libel, or otherwise harm the reputation of KHDMA, its affiliates, or its Service Providers/Residents.
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Platform, other user accounts, or KHDMA's systems or networks.

KHDMA reserves the right to investigate and take appropriate legal action against anyone who, in KHDMA's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

6. Intellectual Property Rights

All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the KHDMA Platform, its underlying technology, software, design, Content, and any derivative works thereof, are exclusively owned by Bdaya Development. You acknowledge that the Platform is protected by UAE and international intellectual property laws. Your use of the Platform does not grant you any ownership rights to the Platform or its Content. You agree not to copy, modify, reverse engineer, decompile, or disassemble any part of the Platform without our prior written consent.

7. Disclaimer of Warranties

The KHDMA Platform and all Services are provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. While KHDMA aims for 99.9% uptime and strives for accuracy, we do not warrant that the Platform will be uninterrupted, error-free, secure, or that any defects will be corrected. Any calculations, reports, or data visualizations generated by the Platform are provided for informational purposes and are estimates; they may differ from actual physical transactions or financial records. You acknowledge that your use of the Platform is at your sole risk. KHDMA expressly disclaims all liability for any loss or damage arising from the unavailability of the Platform, data breaches, or any other technical issues, to the fullest extent permitted by law.

8. Limitation of Liability

To the maximum extent permitted by the laws of the United Arab Emirates, Bdaya Development and its affiliates, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In no event shall the total aggregate liability of KHDMA for all claims arising out of or related to these Terms or your use of the Platform exceed the amount paid by you to KHDMA for the Services during the one (1) month preceding the event giving rise to the liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless Bdaya Development and its affiliates, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.

10. Force Majeure

KHDMA shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by an event beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, cyber-attacks, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In such an event, KHDMA's obligations will be suspended for the duration of the Force Majeure event.

11. Service Level Agreement (SLA) and Support

KHDMA is committed to providing a reliable and high-performance Platform. We aim for a 99.9% uptime for our core services. While we strive to meet this target, occasional downtime may occur due to maintenance, upgrades, or unforeseen technical issues. Support levels are tiered based on your subscription plan.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be exclusively settled by the competent courts of the United Arab Emirates.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at: