Terms Of Service
Terms and Conditions
Last Updated: 10th December 2024
Welcome to Shoman Systems ("Company", "we", "our", or "us"). These Terms and Conditions govern your use of our website, software, and related services (collectively, the "Services" or the “Service”). By accessing or using our Services, you agree to be bound by these Terms. This User Agreement is effective upon acceptance. If you do not agree to be bound by this agreement please do not access, register with or use the Service.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Shoman Systems with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than Arabic, whether on the Service or otherwise, the Arabic text shall prevail.
1. Acceptance of Terms
By using our Services, you confirm that you are at least 18 years old or have the legal authority to enter into this agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Shoman Systems and you shall have no authority to bind Shoman Systems in any manner whatsoever.
2. Use of Services
You agree to use our Services in compliance with applicable laws and regulations. You may not without a written permission from Shoman Systems:
- Copy, modify, distribute, or create derivative works of our software.
- Reverse-engineer, decompile, or attempt to extract the source code of our software.
- Use the Services for illegal, harmful, or fraudulent activities.
- Interfere with or disrupt the performance, security, or integrity of our systems.
Failure to comply may result in the suspension or termination of your access to our Services.
3. User Accounts
To access certain features of the Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account. Notify us immediately of any unauthorized access to your account. In no event will Shoman Systems be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
You will provide true, accurate, current and complete information about yourself as prompted by Shoman Systems's registration form or the Service contract (the "Registration Data"), including but not limited to email addresses, telephone numbers or other personal details.
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Shoman Systems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Shoman Systems under this User Agreement or at law, Shoman Systems has the right to indefinitely suspend, limit or withdraw your access to the Service and/or your subscription of the Service.
Shoman Systems may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Shoman Systems upon such requests. You acknowledge and agree that if you do not, Shoman Systems without liability may limit, suspend or withdraw your access to the Service and/or your subscription of the Service. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
4. Fees and Payment
If our Services require a fee, you agree to pay all applicable charges in full including any banks transfer, transaction or processing fees. Payment terms, billing cycles, and fees will be specified at the time of purchase. Failure to pay may result in suspension or termination of your access to paid features. In no event will Shoman Systems be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the delayed payments. It is your responsibility to ensure timely payments to maintain uninterrupted access to the Services.
5. Intellectual Property
All rights, title, and interest in the software, platform, and related materials provided by Shoman Systems are owned exclusively by Shoman Systems or its licensors. This includes but is not limited to the source code, design, features, trademarks, and branding of the software. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms unless you have a written agreement from Shoman Systems that states otherwise.
While Shoman Systems retains ownership of the software, you are solely responsible for the content you create, upload, or publish using our platform. This includes text, images, videos, and any other materials. You represent and warrant that your content does not violate any applicable laws, infringe third-party rights, or contain illegal, harmful, or inappropriate material.
Shoman Systems reserves the right to suspend or terminate your access to the Services if we discover, or are notified of, any illegal content or illegal usage of the platform. Such action may be taken without prior notice, and Shoman Systems be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the suspension or termination.
6. Trademarks
"Shoman Systems" and related logos, and other words and logos on the Service are either unregistered trademarks or registered trademarks of Shoman Systems and are protected by international trademark and other intellectual property rights and laws. Shoman Systems's trademarks may not be used in connection with any product or service that is not Shoman Systems's nor in any manner that disparages or discredits Shoman Systems. All other trademarks not owned by Shoman Systems that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shoman Systems.
7. Abusing Shoman Systems
Please report problems of any kind or violations of this User Agreement to Shoman Systems. If you believe that your intellectual property rights have been violated, please notify Shoman Systems. Without prejudice to any other rights and remedies of Shoman Systems under this User Agreement or at law, Shoman Systems may limit, suspend or withdraw a user's access to the Service and/or a user's subscription of the Service or remove hosted content. Also Shoman Systems can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
8. Maintenance Fees
Shoman Systems provides ongoing maintenance services for websites, mobile applications and ERP systems. Maintenance fees are charged to ensure the continued performance, security and compatibility of the software. The specific terms for each service are as follows:
Standard Maintenance:
- Scope of Services: Includes regular code and design updates, security patches, bug fixes and performance monitoring. Custom feature requests, redesigns and third-party API changes are not included in the standard maintenance package.
- Data Protection: We apply strict data protection protocols to ensure the security of customer data. The standard maintenance package does not include backup work and the hosting service provider is responsible for maintaining its content and backup.
- Fees: Maintenance fees are collected monthly, quarterly or annually, as agreed in the service contract and are paid after at least one calendar year from the start of using the service.
- Fees vary according to the nature of the service and are divided into the following:
- Introductory Sites: Includes introductory sites for companies, individuals, academies, institutes and real estate marketing companies.
- Fees: $50 annually, paid annually on January 1 of each year.
- Exceptions: Sites hosted on Shoman Systems for Programming Company servers are excluded.
- Electronic magazines and newspapers:
- Fees: $100 annually, paid annually on January 1 of each year.
- Exceptions: 50% discount on the maintenance value of sites hosted on Shoman Systems for Programming Company servers, paid on the date of hosting renewal.
- Electronic stores: Single-merchant electronic stores.
- Fees: $200 annually, paid annually on January 1 of each year.
- Exceptions:
- 50% discount on the maintenance value of sites hosted on Shoman Systems for Programming Company servers, paid on the date of hosting renewal.
- Sites hosted on private servers from Shoman Systems for Programming Company are excluded.
- Sales spaces: Multi-merchant electronic stores.
- Fees: $300 annually, paid annually on January 1 of each year.
- Exceptions:
- 50% discount on the maintenance value for sites hosted on Shoman Systems for Programming servers, paid on the date of hosting renewal.
- Sites hosted on private servers from Shoman Systems for Programming are excluded.
- Educational platforms:
- Fees: $200 annually, paid annually on January 1 of each year.
- Exceptions:
- 50% discount on the maintenance value for sites hosted on Shoman Systems for Programming servers, paid on the date of hosting renewal.
- Sites hosted on private servers from Shoman Systems for Programming are excluded.
- Mobile applications:
- Fees: $200 annually, paid annually on January 1 of each year.
- Exceptions:
- 50% discount on the maintenance cost for sites hosted on the servers of Shoman Systems for Programming Company and paid on the date of hosting renewal.
- Sites hosted on private servers from Shoman Systems for Programming Company are excluded.
- Management Systems:
- Fees: $300 annually, paid annually on January 1 of each year.
- Exceptions:
- 50% discount on the maintenance cost for sites hosted on the servers of Shoman Systems for Programming Company and paid on the date of hosting renewal.
- Sites hosted on private servers from Shoman Systems for Programming Company are excluded.
- Introductory Sites: Includes introductory sites for companies, individuals, academies, institutes and real estate marketing companies.
9. Privacy Policy
Shoman Systems takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and business data and to safely store your personally identifiable information and business data. However, the Internet is not a secure medium and the privacy of your personal information and business data can never be guaranteed. Shoman Systems has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else).
By using the Services, you agree that Shoman Systems may process your personal information only that you provide to it for the purposes of providing the services on Shoman Systems and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.
10. Electronic Communications
You agree that we may communicate with you by email, phone, text or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Shoman Systems requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Service. If the send content was optional and, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
11. Warranties and Disclaimers
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Shoman Systems ensures that all software is thoroughly tested and believed to be free from issues prior to release. However, as software development is a human process, unexpected behavior may still occur during operation. To maintain the quality, security, and stability of our Services, Shoman Systems actively monitors the platform at all times to detect any bugs, vulnerabilities, or security breaches. When issues are identified, we strive to apply patches and security updates as quickly as possible to ensure uninterrupted and secure service.
We may provide updates, patches, and improvements to our software from time to time. These updates may be installed automatically or require your manual action. You agree to accept these updates as part of using the Services.
12. Limitation of Liability
The Service provides a work environment to implement your work, and you are solely responsible for how you use these tools to achieve your goals. Therefore, to the fullest extent permitted by law, Shoman Systems, its officers, employees, agents, affiliates and suppliers will not be liable for any indirect, incidental, consequential, exemplary, or special damages, including but not limited to, loss of data, revenue, or profits, arising out of your use of the Services, however arising, including negligence or otherwise and whether or not Shoman Systems has been advised of the possibility of such losses or damages.
If you are dissatisfied with the Service or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Service and its services as a result of your negligent act or omission would result in irreparable injury to Shoman Systems and Shoman Systems shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
13. Indemnification
You agree to indemnify and hold Shoman Systems and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
14. Termination and Suspension
We may suspend or terminate your access to the Services at any time, without notice, if you violate these Terms or engage in any conduct that we deem harmful. Upon termination, your right to use the Services will cease immediately.
Without prejudice to any other rights and remedies of Shoman Systems under this User Agreement or at law or otherwise, Shoman Systems may immediately and without liability: limit your activity, warn other customers or companies of your actions, temporarily / indefinitely suspend, limit or withdraw your subscription, and/or limit or withdraw your access to the Service:
- If you breach this User Agreement.
- If Shoman Systems is unable to verify or authenticate any information you provide.
- If Shoman Systems believes (in its sole discretion) that your actions may cause legal liability for you, other users or Shoman Systems.
Shoman Systems may at any time at its sole discretion reinstate suspended customers. A customer that has been indefinitely suspended or had their subscription withdrawn may not register or attempt to register with Shoman Systems or use the Service in any manner whatsoever until such time that such customer is reinstated by Shoman Systems. Notwithstanding the foregoing, if you breach this User Agreement Shoman Systems reserves the right to recover any amounts due and owing by you to Shoman Systems or any losses and damages caused by you to Shoman Systems and to take such steps including legal action and/or the initiation of criminal proceedings against you as Shoman Systems in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Shoman Systems's right to take any actions with respect to that, or subsequent or similar breaches. Shoman Systems does not guarantee that it will take action against all breaches that there may be of this User Agreement.
15. Transfer of Rights and Obligations
You hereby grant Shoman Systems the right to, and irrevocably acknowledge and agree that Shoman Systems may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Shoman Systems agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Service. You may not at any time, without the prior written consent of Shoman Systems, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Shoman Systems.
16. Changes to Terms
We may update these Terms from time to time. We will notify you of significant changes by posting them on our website or through other communication channels. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of Arab Republic of Egypt. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in Arab Republic of Egypt. This clause will survive any expiry or cancellation of this User Agreement for any reason.
18. Contact Us
If you have any questions about these Terms, please contact us using communication channels available in our “Contact us” page.