Terms of service

1. Who we are and what these terms are

1.1 Madar is a cloud service for running sports academies provided by Kifaya Telecommunications and IT Solutions (commercial registration 7054438085, address: Ibn Muqlah, Qurtubah District, Riyadh), "Kifaya" or "we".

1.2 These terms govern the use of Madar by the academy (the organisation that signs the order form, "the academy" or "you"). Our agreement consists of the order form, these terms and the data processing agreement. If they conflict, the order form prevails on prices and term, the data processing agreement on personal data, then these terms.

1.3 By signing the order form or using Madar, the academy accepts these terms. Whoever accepts them on its behalf confirms they are authorised to do so.

2. Definitions

• Madar: the academy app, its public pages (the registration form and the parent page) and the files it produces.
• Order form: the document that sets the plan, prices, license period and numbers of users and players.
• License period: the period set in the order form, recorded in Madar as a start and an end date.
• Users: the academy's staff to whom it gives accounts in Madar.
• Academy data: everything the academy, its users or guardians enter in Madar.

3. The service

3.1 We provide Madar as described on our website and in the order form, and we keep improving it. During the license period we will not remove a core function the academy relies on without reasonable notice.

3.2 Madar works in the browser and needs an internet connection. Madar does not include a connection to the second phase of e-invoicing or online payment for parents, unless the order form says otherwise.

4. Accounts and security

4.1 We create the academy's account and a first administrator, who adds the other users within the limits of the order form.

4.2 The academy is responsible for what happens through its users' accounts. It keeps passwords and recovery codes secret, keeps two-step verification on where Madar requires it, and turns off the account of anyone who leaves.

4.3 The academy tells us at once if it suspects unauthorised use of any account.

5. Acceptable use

The academy and its users will not:

• use Madar for anything that breaks the law or the rights of others;
• enter data they have no lawful basis to collect, or health or other sensitive data in free-text fields;
• try to reach another academy's data, get around permissions or test Madar's security without our written permission;
• deliberately overload Madar or use automated tools to scrape data from it;
• sell, rent or make Madar available to anyone other than the academy.

6. Academy data

6.1 Academy data belongs to the academy. The academy is its controller and we are its processor under the data processing agreement.

6.2 The academy is responsible for the accuracy of its data, the lawful basis for collecting it, and obtaining guardians' consent where required, including photo consent.

6.3 We use academy data only to provide Madar; we do not sell it and do not use it for advertising.

6.4 We may use aggregated statistics that identify no person and no academy to improve and run Madar.

7. Children's data

Madar is used to manage data about children. The academy enters only what it needs about a child, obtains the guardian's consent where required and respects their decision when it is withdrawn. Clause 14 of the data processing agreement says how we treat this data.

8. Fees and payment

8.1 The fees and when they are due are set in the order form and exclude VAT unless stated otherwise.

8.2 We issue a tax invoice for every amount due. If a payment is late we send a written notice; if it is not paid within fourteen (14) days of the notice we may suspend the service under clause 10. We charge no interest on late payments.

8.3 Fees paid for a period that has started are not refunded, except where these terms or the data processing agreement say so.

8.4 We tell the academy of any price change at least sixty (60) days before renewal; a change never applies during a running license period.

9. Availability and support

9.1 We make reasonable efforts to keep Madar available around the clock. We carry out planned maintenance at quiet times where possible and announce it in advance if it will interrupt the service.

9.2 We back up the data every night and test a restore every month.

9.3 Support is given through the channels and at the hours on the support page. Any guaranteed service level must be written in the order form.

10. Suspension

10.1 We may suspend the access of the academy or of some of its users: for non-payment under clause 8.2, for a serious security risk, for a material breach of these terms, or where a law requires it.

10.2 We give notice in advance where we can, limit the suspension to what is needed and lift it when its cause is gone. Suspension never deletes data.

11. Term and termination

11.1 These terms apply for the license period and renew as the order form says.

11.2 Either party may end the agreement if the other breaches a material obligation and does not remedy it within thirty (30) days of written notice.

11.3 When the agreement ends for any reason, the academy's account stays read-only for thirty (30) days so it can export its data, which is then deleted under clause 13 of the data processing agreement.

12. Intellectual property

12.1 Madar, its software, design and name belong to Kifaya. Kifaya grants the academy a non-exclusive, non-transferable right to use Madar during the license period.

12.2 The academy grants Kifaya the right to show its logo and name inside Madar and in the documents Madar produces for it.

12.3 If the academy suggests improvements to Madar, we may use them without any obligation to the academy.

13. Confidentiality

Each party keeps confidential the non-public information it learns about the other, uses it only to perform this agreement, and continues to do so after the agreement ends.

14. Warranties and their limits

14.1 We will provide Madar with reasonable care and skill and in line with its description.

14.2 Madar helps the academy issue invoices under the first phase of the requirements of the Zakat, Tax and Customs Authority, but the academy remains responsible for its tax obligations and for its settings. Madar is not tax or legal advice.

14.3 Except as these terms say, Madar is provided without other warranties, as far as the law allows.

15. Limits of liability

15.1 Neither party is liable for indirect losses, or for loss of profit, revenue or reputation.

15.2 Each party's total liability under this agreement is limited to the fees the academy paid in the twelve (12) months before the event that gave rise to the claim.

15.3 These limits do not apply to fraud, wilful misconduct, gross negligence, the academy's obligation to pay the fees, or anything the law does not allow to be limited.

16. Force majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control, provided it tells the other party and makes reasonable efforts to limit the effect.

17. Changes to these terms

We tell the academy of any change to these terms at least thirty (30) days before it takes effect, by e-mail to its administrator and by publishing it on our website. If a change materially harms the academy, it may end the agreement before the change takes effect and receive a refund of fees paid in advance for the remaining period.

18. Notices

Notices are sent by e-mail: from us to the academy administrator's address recorded in Madar or in the order form, and from the academy to support@kifaya-it.com.

19. Governing law and disputes

19.1 This agreement is governed by the laws of the Kingdom of Saudi Arabia.

19.2 The parties try to settle any dispute amicably within thirty (30) days of one notifying the other; failing that, the competent courts in Riyadh hear it.

20. General

20.1 This agreement is the whole agreement between the parties on its subject.

20.2 Neither party may assign it without the other's written consent, except Kifaya in a merger or a transfer of its business, with notice to the academy.

20.3 If any provision is invalid, the others stay in force.

20.4 These terms are written in Arabic and English; if they differ, the Arabic text prevails.