Customer Agreement of use

1. General

This Customer Agreement of use (“Agreement”) applies to all agreements between Mojarib Platform, owned by Luma for Information Technology, which is registered with the Ministry of Commerce with CR No: 1010841501 (“Mojarib” or “The Platform”), and the customer (“The Customer”) for the purpose of conducting surveys. Please read this Agreement carefully before using the Platform. Your access to and use of the Platform is considered acceptance of and compliance with this Agreement.

This Agreement applies to all visitors, customer employees, users, and others who access or use the Platform. The terms of service described below represent a contract between the customer and the platform. The contract becomes binding when the customer successfully signs up on the platform. By using the Platform, you agree to the terms of this Agreement. If you disagree with any part of the Agreement, you must not access the Platform.

2. Subscription Plans, Response Limits, and Overage Fees

Mojarib offers subscription-based Services with set response limits:

• Paid Plans: If you exceed the response limit, and overage billing is enabled, additional fees will apply for each response beyond the limit. If overage billing is not enabled, any responses collected over the limit will not be viewable and will be deleted 60 days after receipt unless you upgrade to the appropriate paid plan.

• Free Plan: Any responses collected beyond the free response limit will not be viewable and will be deleted 60 days after receipt unless you upgrade to an appropriate paid plan.

Mojarib reserves the right to change subscription fees, which will apply at the end of the current billing cycle. You will be notified in advance of any price changes and may cancel if you do not agree.

3. Rewards for Survey Participation

Customers using the Mojarib platform have the option to offer various types of rewards to participants for completing surveys. The type and value of the reward will depend on the specific survey and will be communicated to the participant before they agree to participate. There are five types of rewards that may be offered:

1. Discount coupons (provided by the customer)
2. Gift cards (provided by the customer)
3. Free products (provided by the customer)
4. Loyalty points (provided by the customer)
5. Mojarib points (provided by the Mojarib platform)

3.1 Reward Distribution

• After successful participation in a survey, any earned rewards will be credited to the participant’s wallet on the Mojarib platform or issued directly by the customer for rewards under their responsibility (discount coupons, gift cards, free products, loyalty points).
• Mojarib points will be managed within the platform, while other rewards are the responsibility of the customer to deliver directly to participants.

3.2 Withdrawal Requests

• For Mojarib points, participants must accumulate a specified threshold amount before requesting a withdrawal or redeeming points. The threshold may vary depending on the participant's country and will be displayed in their Mojarib wallet.
• For rewards such as discount coupons, gift cards, free products, or loyalty points, customers are responsible for delivering the reward directly to the participants.

3.3 Changes to Rewards

Mojarib, in its sole discretion, may modify the type, value, or terms of the rewards related to Mojarib points. Any changes will apply only to new responses and will not affect responses in which the participant has already completed participation.

For rewards provided by the customer (discount coupons, gift cards, free products, or loyalty points), the customer may adjust or change these rewards, but must notify participants of any changes prior to their participation in the survey.

4. Electronic Communications

You consent to receive communications from Mojarib in an electronic form, including communications through notifications on Mojarib Platform and/or email. You agree that all terms, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. This consent does not affect your statutory rights.

5. Acceptable Use Policy

By using the Services, you agree to the following guidelines. Violating this policy may result in the suspension or termination of your account or removal of content. The following are considered prohibited activities:

5.1 Legal Compliance

You must use the Services in compliance with all applicable laws.

5.2 Unacceptable Uses

You may not:

• Commit unlawful activities using the Services.
• Use the Services to endanger any minor (under the age of 16 or higher where local law dictates).
• Use the Services for competitive purposes without permission.
• Interfere with or circumvent any limitations or restrictions on the Services.
• Access or attempt to access systems without authorization.
• Use automated tools to extract data from the Services without permission.
• Transmit viruses, malware, or other malicious software.
• Engage in activities that infringe intellectual property rights.
• Engage in abusive or excessive usage that affects the performance of the Services for others.

5.3 Phishing, Security, and Violations

You may not use the Services to engage in fraudulent activities, phishing, or any behavior that misleads or harms respondents or the public.

5.4 Email and Text Message Compliance

When sending communications through the Services, you must comply with applicable laws and regulations. This includes obtaining proper consent for sending messages, ensuring opt-out functionality, and avoiding deceptive subject lines.

5.5 Violence, Hate Speech, and Bullying

Content that incites or promotes violence, harassment, hate speech, or harm to others is strictly prohibited.

6. Confidentiality and Security

6.1 Confidentiality

Mojarib will treat your content as confidential information and only use and disclose it in accordance with these Terms (including the Mojarib Privacy Policy). However, your content will not be considered confidential if:

• (a) It becomes public through no fault of Mojarib;
• (b) Mojarib lawfully knew of it before receiving it from you;
• (c) It is received from a third party without Mojarib knowing of any breach of obligation owed to you;
• (d) It is shared in the context of your account being identified as a business-owned account or migrated to an organization’s Enterprise account, if registered using a work email address within that organization; or
• (e) It is independently developed by Mojarib without reference to your content.

Mojarib may disclose your content when required by law or legal process but will, if permitted by law, use commercially reasonable efforts to notify you so you can challenge the requirement to disclose.

6.2 Security

The security of your data is a top priority for Mojarib. We follow industry-standard security protocols and will notify you if a security incident affects your account.

Mojarib will store and process your content in a manner consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures to safeguard your content.

If Mojarib becomes aware of any unauthorized or unlawful access, acquisition, alteration, use, disclosure, or destruction of personal data related to your account (“Security Incident”), we will take reasonable steps to notify you without undue delay.

7. Limitation of Liability

You agree that Mojarib shall not be liable for any direct, indirect, incidental, special, consequential, or severe damages, including but not limited to damages arising from loss of profit, reputation, use, data, or other intangible losses resulting from the use of or inability to use the Services. Mojarib and its distributors are not responsible for the loss of profits or any special, incidental, or consequential damages arising from their services or these Terms of Use, including those caused by negligence. You agree to indemnify and hold harmless Mojarib and its affiliates, partners, officials, managers, agents, employees, and suppliers from any claims or demands, including attorney fees, arising from your breach of these Terms of Use.

8. Disclaimer

The services are provided "as is" and "as available" without any warranty, express, implied, or statutory. Mojarib does not warrant that the service will be uninterrupted or error-free, or that any defects will be corrected. Mojarib also does not warrant the quality of any products, services, or materials obtained through the Services.

9. Your Content

9.1 You Retain Ownership of Your Content

In the course of using the Services, you may submit content to Mojarib (including your personal data and the personal data of others) or third parties may submit content to you through the Services. All such content will be referred to as your “Content.” You retain ownership of all intellectual property rights in your Content. Mojarib does not claim ownership over your Content.

9.2 Limited License to Your Content

You grant Mojarib a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, and otherwise exploit your Content, but only for the limited purpose of providing and improving the Services and as permitted by Mojarib’s Privacy Policy.

10. Entire Agreement

These Terms, along with Mojarib’s Privacy Policy, constitute the complete and exclusive agreement between you and Mojarib. Any waiver, modification, or amendment to these Terms must be made in writing and signed by an authorized representative of both parties. If there is any conflict between these Terms and any other documents, these Terms will govern.

11. Non-Waiver

Mojarib’s failure to enforce any provision of these Terms will not be considered a waiver of its right to enforce that provision or any other provision in the future.

12. Assignment and Survival

You may not assign your rights or obligations under these Terms without Mojarib’s prior written consent. Mojarib may assign its rights and obligations under these Terms at its discretion. The sections on Limitation of Liability, Indemnification, and other provisions will survive any termination of these Terms.

13. Idea Submission

Mojarib does not accept unsolicited ideas, including but not limited to product enhancements or names. If you submit ideas, you agree that they will become the property of Mojarib without compensation and that Mojarib has no obligation to review or keep the submissions confidential.

14. Governing Law

These Terms are governed by the laws of the Kingdom of Saudi Arabia. You agree to submit to the jurisdiction of the courts of Saudi Arabia.

15. Changes to Terms

Mojarib reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Mojarib will provide at least 30 days’ notice before any new terms take effect. By continuing to access or use the Services 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 Services.