Terms and conditions of subscription

These terms and conditions govern the relationship between [the company's legal name], registered in the commercial registration under number [the commercial registration number], with its address at [the national address], referred to in these terms as "Sahl", and the business that signs up for or subscribes to the service. These terms are a binding contract between the two parties from the date they are accepted.

Please read these terms carefully before signing up. The data processing agreement, the service level agreement and the acceptable use policy each form part of these terms. The privacy policy explains how Sahl processes personal data.

1. Parties and definitions

Wherever they appear in these terms, the following words and phrases have the meanings set out next to them, unless the context requires otherwise:

Sahl: [the company's legal name], the provider of the service.
Customer: the business that signs up for or subscribes to the service, represented by the person who accepts these terms on its behalf.
Service: Sahl's cloud HR service, including the customer's site, the phone app and the related features, tools and updates.
Customer's site: the separate site that Sahl creates for the customer on a subdomain of Sahl's domain, with its own database.
Users: the people the customer allows to access its site, including HR staff, managers and employees.
Customer data: all data that the customer or its users enter into the service or that results from their use of it, including the personal data of employees, former employees, candidates, dependants and users.
Order: the sign up form on Sahl's website, or any subscription request or written quote the customer accepts, with the package, price and billing cycle it sets out.
Package: the set of features and the pricing method the customer chooses, as shown on the prices page or in the order.
Active employee: an employee whose status is active on the customer's site on the day of the count.
Paid period: the month or year the customer has paid for in advance. It ends on the paid-until date shown on the customer's payment page.
Working days: Sunday to Thursday, except official holidays in Saudi Arabia.

2. Acceptance and electronic contracting

The customer accepts these terms by ticking the consent box at sign up, by accepting an order that refers to them, or by using the service.
Electronic acceptance binds the customer in the same way as a signature.
The person who accepts these terms confirms that they are authorised to bind the customer, and that the customer is a business using the service for its work.
A person who is not so authorised may not sign up for or use the service on the business's behalf.

3. Account, customer's site and users

Sahl creates for each customer a separate site with its own database. Customer data is not kept in another customer's database.
The customer must give correct and complete sign up details, including the business name, its commercial registration number and contact details, and must update them when they change.
The customer decides its users, their roles and their permissions inside its site, including the roles of HR manager, HR specialist and payroll specialist. Permissions can be limited to specific branches or departments.
Managers approve their teams' requests. Employees use the service in a web browser or the phone app.
Employees sign in with a one-time code sent by email, or by text message or WhatsApp through the customer's own account with a messaging provider. Each phone signs in with its own key, which the person or HR staff can remove.
The customer is responsible for keeping its users' accounts safe and for everything done through them. It must tell Sahl at once when it becomes aware of any unauthorised access.

4. Free trial

A new customer receives a free trial of 14 days, with no payment card needed.
The free trial exists so the customer can try the service before paying. For this reason, amounts are not refunded after subscribing, as set out in section 8.
These terms apply to the free trial, except the provisions on fees and payment.
Use of the service does not continue after the free trial ends unless the customer subscribes to a package and pays for it.

5. Packages and prices

The prices page or the order shows the available packages and their prices. A package may be priced per active employee a month, as a fixed monthly amount, or both.
Each package has a minimum number of employees on which the invoice is calculated, and may have a maximum, as shown on the prices page or in the order.
Active employees are counted on the customer's site every day, and the invoice follows that count. The counted number is never below the package's minimum.
Billing is monthly or yearly, as the customer chooses, and the subscription is paid in advance. The prices page or the order shows the price of a yearly subscription.
Prices exclude value added tax. VAT is added at the legal rate once Sahl is registered for it.
Sahl issues an invoice with every payment.

6. Payment and automatic renewal

The customer pays by card, mada, Visa or Mastercard, through the payment form of Moyasar, or by bank transfer, which Sahl records once received.
The customer enters the card details directly in Moyasar's form. Sahl never sees the card details. It keeps only the token Moyasar issues for the card and the card's last four digits.
The card is saved at Moyasar, and the subscription renews from it automatically on the paid-until date, for a period of the same length, at the price in force on that date.
The customer authorises Sahl to collect the renewal amount from the saved card until the customer removes the card or cancels the subscription.
If a renewal fails, collection is tried again after 3 days and after 6 days, and the customer is emailed a payment link.
The customer may remove the card at any time from its payment page, which stops automatic renewal.
Where the customer pays by bank transfer, it must pay for the next period before the paid-until date.

7. Late payment

If the next period is not paid on the paid-until date, the following stages apply:

The customer's site works as usual for 7 days after that date.
The site then becomes read only for 23 days. During this time, data can be viewed and exported, but not added or changed.
The site is suspended when this time ends.
Customer data is kept for at least 90 days from the date of suspension, and section 24 then applies.
The site opens again as soon as the amounts due are paid.

8. No refunds

Amounts paid are not refundable, in whole or in part. This includes cancellation before the end of the paid period and not using the service or some of its features.
This also applies to ending the subscription under section 24 because the availability target was not met.
Sahl may, at its sole discretion, refund all or part of a payment in a particular case. Doing so creates no obligation for other cases.

9. Cancellation

The customer may cancel the subscription at any time by removing the card from its payment page, or by a notice sent to Sahl at [the email address].
Cancellation takes effect at the end of the paid period, monthly or yearly, and automatic renewal stops. The site stays available to the customer until the end of that period.
The customer should export its data before the end of the paid period. Section 24 then applies to the data.

10. Price changes

Sahl may change its prices or packages by notifying the customer by email at least 30 days in advance.
The new price applies from the first period that starts after the notice period ends. The price of a current paid period does not change.
If the customer does not accept the new price, it may cancel the subscription under section 9 before the new price applies.

11. Customer's obligations

The customer must:

Use the service for lawful purposes and in line with the laws in force, including the Labour Law and the Personal Data Protection Law.
Make sure the data it and its users enter is correct and complete, including contract, payroll and leave data and the business's settings.
Keep users' accounts, sign-in codes and phone keys safe, and remove the access of anyone whose relationship with the customer ends.
Take responsibility for what its users do in the service.
Review payroll, end of service amounts, leave, GOSI contributions and deductions before paying or approving them.

The service calculates leave, end of service benefits, GOSI contributions and deductions from the customer's settings and the rules of Saudi labour law as built into the service. These calculations are a tool to help the customer, not legal advice. The customer alone makes the decisions on labour law matters and in its relationship with its employees.

12. Ownership and export of customer data

Customer data belongs to the customer. Sahl gains no right in it except as far as needed to provide, support and protect the service.
The customer may export its data, including people, requests, payroll and reports to Excel, and documents, while its site is active or read only.
Sahl's staff do not open the customer's site except to give support the customer asks for, or to keep the service running and secure.
The service keeps a history of every request showing who sent it, who approved it and when. Changes made through the AI are noted on the record of the person concerned.

13. Personal data protection

The customer is the controller of the personal data of its employees and other data subjects under the Personal Data Protection Law, issued by Royal Decree No. M/19 dated 9/2/1443H, and its amendments. Sahl is the processor that processes this data on the customer's behalf and on its instructions.
The customer confirms that it has the legal basis to collect and process this data, and that it has informed the people concerned.
The data processing agreement forms part of these terms. It sets out Sahl's obligations as processor, including sub-processors, notice of personal data breaches and help with data subject requests.
Customer data is kept in Saudi Arabia. The data processing agreement shows what may be sent outside the Kingdom, including the title and short text of a phone notification.
Sahl tells the customer of any breach affecting customer data without undue delay and within 48 hours of becoming aware of it, so the customer can notify the Saudi Data and AI Authority (SDAIA) and the people affected as the regulations require.
The privacy policy explains how Sahl processes the data for which it is the controller, such as sign up, contact and billing data.

14. Availability and support

The service level agreement sets out the availability target, maintenance windows and how they are announced, support channels and hours, and response targets.
Support is given by email at [the email address] and by WhatsApp at [the phone number], on working days and at the hours set out in the service level agreement.
The availability and response targets are targets Sahl works to meet. Missing them gives no right to compensation or a refund, except the customer's right to end the subscription under section 24.

15. Acceptable use policy

The acceptable use policy forms part of these terms. The customer must comply with it and make sure its users comply with it. A breach of it is a breach of these terms and allows Sahl to take the measures set out in it and in section 23.

16. Changes to the service

Sahl develops the service continuously and may add, change or withdraw features.
Updates are applied after a backup is taken, and planned maintenance is announced under the service level agreement.
If a change materially reduces the main features of the customer's package, Sahl notifies the customer by email, and the customer may cancel the subscription under section 9.

17. Intellectual property and licence to use

For the term of the subscription, Sahl grants the customer a non-exclusive licence, which cannot be transferred or sublicensed, to use the service for its internal business purposes through its users, under these terms.
The service and its related software, designs, marks and content remain the property of Sahl or its licensors. No right in them passes to the customer other than this licence.
The service is built on open-source software, including Frappe HR and ERPNext. These components are subject to their own licences, and these terms do not restrict any right those licences grant.
If the customer gives feedback or suggestions about the service, Sahl may use them without any obligation to the customer.

18. Confidentiality

Each party must keep confidential the non-public information it receives from the other party because of these terms. It may use that information only to perform these terms, and may disclose it only to its staff and advisers who need it and are bound by confidentiality.
Customer data is confidential information. Sahl's staff who have access to it are bound by confidentiality.
This obligation does not cover information that became public without a breach by the receiving party, that the receiving party lawfully had before receiving it, that it lawfully received from a third party, or that it developed independently.
Confidential information may be disclosed where a law or an order of a competent authority requires it, provided the disclosing party notifies the other party where the law allows.
This obligation continues after the subscription ends.

19. Third-party services

The customer may connect its site to third-party services using its own keys or accounts, including:

Google Gemini for AI features.
Unifonic or Msegat for text messages.
The accounting system the customer chooses, such as Odoo, Qoyod, Daftra, Wafeq and Zoho Books.

The following applies to these connections:

Use of these services is governed by the customer's own contract with their provider, and the customer bears their fees. Sahl is not a party to that contract and is not responsible for the availability, performance or data processing of those services.
The service sends the provider only the data the feature the customer turned on needs, such as the text or picture the AI is asked to read, the phone number and sign-in code, or payroll journal totals and payments.
The keys for these services are stored encrypted and are never shown again once saved.
AI results are suggestions the customer reviews before confirming them. Sahl does not guarantee their accuracy.

20. Disclaimer of warranties

Sahl uses reasonable care in providing the service under these terms and the service level agreement.
Except as these terms expressly state, and as far as the law allows, the service is provided as is and as available. Sahl gives no express or implied warranty, including any warranty that the service is fit for a particular purpose, free of errors or uninterrupted.
Sahl does not warrant that the results of calculations or reports match what the law requires in the customer's situation. Checking this remains the customer's responsibility under section 11.

21. Limitation of liability

Sahl's total liability for all claims relating to these terms or the service, whatever their cause, does not exceed the total the customer paid Sahl in the 12 months before the event that gave rise to the claim.
Sahl is not liable for indirect or consequential losses, including lost profit, revenue, opportunity or reputation, and loss of data beyond restoring the latest available backup.
The limits in this section do not apply in cases of wilful misconduct or gross negligence, or where the law does not allow liability to be limited.

22. Indemnity

The customer must indemnify Sahl against any claim, fine, damage or reasonable expense, including legal fees, arising from any of the following:

Use of the service by the customer or its users in breach of the law, these terms or the acceptable use policy.
The customer's processing of personal data without a legal basis, or its entering into the service data it has no right to enter.
The customer's decisions in its relationship with its employees that breach the Labour Law.

Sahl notifies the customer of the claim without delay and cooperates reasonably in its defence at the customer's expense.

23. Suspension

Sahl may suspend the customer's site in whole or in part, or suspend a particular user, in any of the following cases:

Late payment under section 7.
A breach of these terms or the acceptable use policy.
A risk to the security of the service or its data, to other customers or to third parties.
An order of a competent authority.

Sahl notifies the customer before suspending and gives it a reasonable time to fix the cause where possible. This does not apply to late payment, to which the stages of section 7 apply, or to urgent cases that require immediate suspension to protect the service or data or to comply with the law. In those cases Sahl notifies the customer without delay after suspending. Suspension is limited to what is needed and is lifted once its cause is removed. Data is kept during suspension under section 24.

24. Term, termination and what happens to data

These terms apply from the date they are accepted, continue through the free trial and every paid period, and renew when the subscription renews.
The customer may end the subscription by cancelling under section 9.
The customer may end the subscription at once, without waiting for the end of the paid period, if availability is below the target for three months in a row, under the service level agreement.
Either party may end the subscription by written notice if the other party materially breaches these terms and does not fix the breach within a reasonable time set in the notice.
The customer can export its data while its site is active or read only, and should do so before that ends.
After the subscription ends or the site is suspended, Sahl keeps customer data for at least 90 days. Sahl may then delete it after notifying the customer by email. Backups roll off on the hosting provider's schedule.
The provisions on confidentiality, limitation of liability, indemnity and governing law, and any provision that by its nature should survive, continue after the subscription ends.

25. Force majeure

Neither party is liable for a delay in or failure of performance caused by events beyond its reasonable control. These include natural disasters, epidemics, wars and unrest, failures of public power or telecommunications, failures of infrastructure providers, decisions of government authorities, and cyber attacks that reasonable care could not prevent.
The affected party notifies the other party without delay and makes reasonable efforts to limit the effect and resume performance.
Force majeure does not release the customer from paying amounts due for periods in which the service was provided.
If force majeure lasts long enough to make performing these terms impractical, either party may end the subscription by written notice.

26. Notices

Sahl sends notices to the email address registered in the customer's account. A notice is treated as received on the day it is sent, unless a message shows it could not be delivered.
The customer sends its notices to Sahl at [the email address].
The customer must keep its registered email address up to date. Sahl is not responsible for a notice not arriving because the address was not updated.
Sahl may also send operational notices inside the service.

27. Changes to these terms

Sahl may change these terms. It notifies the customer of a change by email at least 30 days before the change takes effect, and publishes the changed text on this page with the date of the update.
Continuing to use the service after the effective date means the customer accepts the change.
If the customer does not accept the change, it may cancel the subscription under section 9.

28. Governing law and disputes

These terms are governed by and interpreted under the laws in force in the Kingdom of Saudi Arabia.
The parties will try to settle any dispute arising from these terms amicably within 30 days of one party notifying the other of the dispute in writing.
If the dispute is not settled within that time, it is referred to the competent courts in the city of Riyadh.

29. Language

These terms are written in Arabic, with a translation into English. If the two texts differ, the Arabic text prevails.

30. General provisions

Whole agreement: these terms, together with the order, the data processing agreement, the service level agreement and the acceptable use policy, are the whole agreement between the parties on the service, and replace any earlier understanding about it.
Order of precedence: if a provision in a written order accepted by both parties conflicts with these terms, the order prevails on the matter it expressly deals with.
Severability: if a provision of these terms is found invalid or unenforceable, only that provision is affected, and the rest remain in force.
Assignment: the customer may not assign its rights or obligations under these terms without Sahl's written consent. Sahl may assign them to a successor to its business after notifying the customer.
No waiver: a delay by either party in using a right is not a waiver of it.
Independent parties: the relationship between the parties is an independent contractual one, and creates no partnership or agency between them.

31. Contacting Sahl

To ask about these terms or to send a notice, contact Sahl by:

Email: [the email address]
Phone and WhatsApp: [the phone number]
Address: [the national address]

You can also use the contact page.

This English text is a translation. The Arabic text prevails. العربية