Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern access to and use of the MASAR website and MASAR platform and related services (collectively, the “Service”), operated by Anoud Mohammed Al-Qahtani Information Technology Institution (“MASAR,” “we,” “us,” or “our”).

By accessing the website or using the Service, you agree to these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

2. Description of Service

MASAR provides an AI-powered customer journey management and automation platform that enables businesses to manage and enhance customer interactions through artificial intelligence and automation.

The Service may include AI voice agents for inbound and outbound calls, voice call recording and transcription, digital conversations, WhatsApp integration, customer data capture and qualification, customer journey automation, CRM and business system integrations, reports, analytics, and automated workflows.

Specific features, service levels, usage limits, fees, and deliverables for platform customers are set out in the applicable quotation, order form, service agreement, statement of work, or other applicable commercial agreement (“Order”), which takes precedence over these Terms in the event of a conflict.

3. Eligibility

The Service is intended primarily for business and professional use.

By using the Service, you represent that you are at least 18 years old and have the legal capacity and authority to enter into these Terms.

If you use the Service on behalf of an organization, you further represent that you are authorized to act on its behalf.

4. Account Registration

Certain features of the Service may require an account.

You are responsible for maintaining the confidentiality of your account credentials and for all activity carried out through your account.

You must provide accurate information and promptly notify MASAR of any unauthorized access to or use of your account.

You are responsible for ensuring that access to your account is limited to authorized users.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful, fraudulent, or unauthorized purpose or in violation of applicable laws and regulations.
• Use the Service in violation of applicable privacy, data protection, telecommunications, or industry-specific requirements.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the platform.
• Interfere with or disrupt the integrity, security, or performance of the Service.
• Use the Service to transmit malicious code or gain unauthorized access to any system.
• Misrepresent your identity or affiliation or use the Service to impersonate another person or entity.
• Circumvent usage limits, security controls, or technical restrictions of the Service.

Where the Service is used for automated calls, recordings, messages, or other customer communications, the customer is responsible for ensuring that such use complies with applicable laws and that any required notices, permissions, or consents have been obtained.

6. Client Data and Deployed Agents

Where a client deploys a MASAR AI agent, all data submitted to or processed through that agent (“Client Data”) remains under the control and ownership of the client, subject to the rights necessary for MASAR to provide the Service.

MASAR processes Client Data solely as necessary to provide, maintain, secure, and support the Service, in accordance with the applicable Order, Data Processing Addendum, and MASAR Privacy Policy.

Client Data may include customer information, voice recordings, call transcripts, chat messages, and other information processed through the Service.

Where MASAR processes personal data on behalf of a client, the client is generally the data controller and MASAR acts as the data processor, as further described in the applicable data processing terms.

The client is responsible for ensuring that it has the necessary rights, permissions, notices, and lawful basis to provide Client Data to MASAR and to use the Service for its intended purposes.

7. Intellectual Property

MASAR retains all right, title, and interest in the Service, including the platform, software, AI technology, agents, workflows, interfaces, documentation, branding, trademarks, and all related intellectual property.

Except for the limited right to access and use the Service as permitted under an applicable Order, no ownership rights or other rights in the Service are granted to you.

Any feedback, suggestions, or recommendations you provide regarding the Service may be used by MASAR to improve its products and services without restriction or compensation.

8. Confidentiality

Each party may receive confidential information of the other in connection with the Service.

Each party agrees to protect the other party’s confidential information using at least reasonable care and to use such information solely for purposes related to the Service and applicable Order.

Neither party will disclose confidential information to unauthorized third parties except where disclosure is required by law or to professional advisors, service providers, or other parties who are subject to appropriate confidentiality obligations.

9. Fees and Payment

Fees for access to and use of the Service are set out in the applicable Order and are payable according to the payment terms stated therein.

Unless otherwise agreed:

• Fees are non-refundable once the applicable service or subscription period has commenced.
• Fees are exclusive of applicable taxes and government charges.
• Usage exceeding the limits specified in the applicable Order may be charged according to the applicable pricing or usage terms.

For usage-based services, including voice calls or other services dependent on third-party providers, applicable charges may be calculated based on actual usage.

10. Third-Party Services

The Service may integrate with or rely on third-party services, including telecommunications providers, WhatsApp, CRM systems, AI technologies, hosting providers, cloud infrastructure, and other external platforms.

MASAR is not responsible for the availability, performance, or changes to third-party services outside its reasonable control.

The customer is responsible for maintaining any third-party accounts, licenses, permissions, or subscriptions required for its integrations.

11. Disclaimers

The website content and Service are provided “as is” and “as available.”

To the maximum extent permitted by applicable law, MASAR does not warrant that:

• The Service will be uninterrupted or error-free.
• The Service will always be available.
• AI-generated outputs will always be accurate, complete, or suitable for a particular purpose.
• Third-party integrations or services will remain available or unchanged.

AI-generated outputs should be appropriately reviewed before being relied upon, particularly where they may affect legal, financial, regulatory, operational, or other material decisions.

Nothing in these Terms excludes or limits any rights or obligations that cannot legally be excluded or limited under applicable law.

12. Limitation of Liability

To the maximum extent permitted by applicable law, MASAR shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business opportunities, goodwill, or data arising out of or related to your use of the Service.

MASAR’s aggregate liability arising out of or related to these Terms or an applicable Order shall not exceed the fees actually paid by you to MASAR for the Service during the twelve (12) months preceding the event giving rise to the claim, except where such limitation is not permitted by applicable law.

13. Indemnification

You agree to indemnify and hold MASAR harmless from claims, damages, liabilities, losses, or reasonable expenses arising from:

• Your misuse of the Service.
• Your breach of these Terms.
• Your violation of applicable laws or regulations.
• Client Data or other content submitted to the Service where you did not have the necessary rights or permissions.
• Your failure to obtain any required notices, permissions, or consents for calls, recordings, messages, or automated interactions.

14. Term and Termination

These Terms remain in effect while you use the Service.

MASAR may suspend or terminate access to the Service for breach of these Terms, non-payment, security risks, legal or regulatory requirements, or other grounds specified in the applicable Order.

Where applicable, MASAR will provide notice and an opportunity to remedy the breach in accordance with the applicable Order.

Upon termination, your right to access and use the Service will end, subject to any applicable contractual provisions regarding data retention, export, or deletion.

Provisions that by their nature should survive termination, including Sections 7, 8, 12, and 15, will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws and regulations of the Kingdom of Saudi Arabia.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the jurisdiction of the competent courts of the Kingdom of Saudi Arabia, unless the applicable Order specifies an alternative dispute resolution mechanism.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service, applicable laws, or our business practices.

The “Effective date” above reflects the latest revision.

Material changes affecting active platform customers will be communicated through the Service, email, or other appropriate channels where applicable.

Continued use of the Service after the revised Terms become effective constitutes acceptance of the updated Terms, to the extent permitted by applicable law.