• Last updated 11/10/2024

Definitions

Subscription: A subscription is created for each Business that a User associates with their Naqood account.

Application: The accounting program Naqood and selected additional modules.

Application Data: Data belonging to the User and processed in the Application, such as customer databases, invoices, and other forms of production data and documents.

User: The person who has created a Naqood account.

Usage Data: A type of data generated by using the Application, including technical information and traffic information (operating system, browser type, keyboard language, IP address, and the like) and aggregated Application- or user-generated data (session duration, feedback, number of submitted invoices, accounting year created, and the like).

Data Controller: The entity that determines for what purposes and by what means the processing of Personal Data may take place.

Data Processor: The entity processing Personal Data on behalf of the Data Controller.

Naqood Account: Upon creating a User, access is granted to the User's Naqood account, where the User can create one or more companies.

Personal Data: Any information related to an identified person or data that can directly or indirectly identify a person.

Business: The business whose accounts are processed in the Application.

Acceptance of the terms

1.1 These Terms are accepted by checking "I accept the terms." on the signup form.

1.2 The terms are applicable between Naqood LLC, license number: 2433159.01, Shams Business Center, Sharjah Media City free Zone, Al Messaned, Sharjah, United Arab Emirates, and you as the User.

1.3 The Application is exclusively offered to businesses, hence this service is business to business. Therefore, there is no right of withdrawal for the purchase of subscriptions to your Naqood account.

Duration of the Naqood Account

2.1 The agreement between you as the User and Naqood comes into effect upon creation and lasts until the User relationship ceases in accordance with these Terms.

Application Usage

3.1 Naqood provides the User with non-exclusive access to the Application. This access is exclusively for the User and their advisors, and the Application must not be used by others or for processing data or services for others. As a User, you guarantee and are fully responsible for those to whom you grant access to the Application or who use your login.

3.2 When creating Businesses under a User's Naqood account, the User personally guarantees that they can lawfully accept these terms on behalf of the Business.

3.3 The User cannot transfer their Naqood account to a third party. It is possible to transfer a Business associated with your Naqood account to another User with prior written consent from Naqood.

3.4 The User must ensure that the Application is not used in a way that can harm Naqood's name, reputation, or goodwill or violate applicable laws or regulations.

3.5 The User is solely responsible for the content and legality of their data and must not transfer or process harmful code, data, or similar (such as viruses) to the software or with the software.

Price and Payment Terms for Subscriptions

4.1 The current prices are available on naqood.ae. Prices are stated excluding VAT and in Arab Emirates Dirham (AED).

4.2 Naqood reserves the right to change the composition, content, and prices of products and subscriptions with notice by email or by posting on our websites.

4.3 A subscription is automatically renewed at the end of the subscription period unless termination has occurred.

4.4 Unless explicitly agreed otherwise or specified in the subscription terms, the subscription amount is invoiced in advance of the chosen subscription period.

4.5 By entering into a subscription arrangement, the User automatically allows Naqood to continuously charge the subscription amount on their payment card. If the User uses additional services or extended features, the User also accepts that separate payment is required for these additional services or extended features. For payment in connection with subscription renewal and/or additional services, an invoice for the purchase will be sent to the User's provided email address.

Application Data

5.1 The User is the Data Controller concerning any Personal Data entered and processed in the Application (Application Data) and owns and can freely dispose of their content in the Application. In this regard, reference is made to the separately concluded data processing agreement (hereinafter "Data Processing Agreement") regarding additional conditions for processing Personal Data.

5.2 Naqood may use Application Data to maintain, offer, price, and develop the Application.

5.3 After the user relationship has ceased, Naqood can only process Application Data as described in 5.2.

5.4 Naqood may grant third parties and authorities access to Application Data, but only in accordance with relevant legislation, in connection with court orders, authority requirements, the User's bankruptcy, death, or similar.

Usage Data

6.1 Naqood is the Data Controller regarding Usage Data to the extent it contains Personal Data (e.g. CVR number).

6.2 Naqood may use Usage Data for statistics and analysis of the Application.

6.3 To the extent that a Licens number is associated with Personal Data, Naqood processes such Personal Data for statistics and analysis of the Application in the role of Data Controller. Such statistics may be combined with publicly available data, Usage Data, and Application Data. After the User's termination, Application Data will be anonymized.

Operational Stability

7.1 Naqood aims for the highest possible operational stability but is not responsible for breakdowns or disruptions, including disruptions caused by factors beyond Naqood's control. This includes, among other things, power outages, equipment failures, internet connections, telecommunication connections, or similar. The Application and service are provided as is, and Naqood disclaims any warranty, assurance, representation, claim, or other conditions, whether direct or indirect.

7.2 In case of breakdowns or disruptions, Naqood strives to restore normal operation as soon as possible.

7.3 Planned interruptions will primarily be scheduled between 21:00-06:00 GST. Should it be necessary to interrupt access to the Application outside the specified period, this will be notified in advance to the extent possible.

Termination

8.1 The User can contact support@naqood.dk at any time to have their Naqood account deleted. This will also be considered as termination of the underlying Subscription(s) associated with the underlying Businesses.

8.2 If there is termination or deletion of a Naqood account during a subscription period for a created Business, the User is still obligated to pay for the Service until the Subscription expires. The User's obligations under this agreement apply throughout the subscription period.

8.3 If a Business is associated with a Naqood Starter subscription and there has been no activity in that Business for 15 months, the Business will be considered inactive. In this case, Naqood reserves the right to delete the Business. The User will be notified by email one month before access to the Business is closed.

8.4 Termination of a Subscription must be done through the Application and no later than the day before a new subscription period begins.

8.5 If a User does not make payment for their subscription, for example, due to insufficient funds in a payment account, Naqood reserves the right to close access to the Business associated with the Subscription immediately after the lack of payment is registered until payment has been made.

8.6 Naqood reserves the right to terminate a subscription with 3 months' notice.

8.7 Naqood reserves the right to terminate a User's subscription without notice in the event of the bankruptcy or insolvency of the Business associated with the subscription.

8.8 In the event of a material breach of these terms, Naqood may terminate subscriptions with immediate effect and also close the User's Naqood account.

Changes

9.1 Naqood is entitled to continuously make updates and improvements to the Application. Naqood is also entitled to change the composition and structure of the Application and services. Such updates, improvements, and changes may occur with or without notice and may affect services, including information and data uploaded to or provided by the Application.

9.2 The User is obliged to keep their contact details updated to receive necessary information about changes, etc.

Intellectual Property Rights

10.1 The Application and information provided from the Application, except Application Data, are protected by copyright and other intellectual property rights and belong to or are licensed to Naqood. Individually developed software also belongs to Naqood unless otherwise agreed in writing. The User must notify Naqood of any actual or potential infringement of Naqood's intellectual property rights or unauthorized use of the Application that the User becomes aware of.

10.2 No intellectual property rights are transferred to the User for the Application or other material on the website or Application.

10.3 Regarding material uploaded by the User and all Application Data, the User grants Naqood and its suppliers permission and a global license sufficient for Naqood to properly run and operate the Application and fulfill its obligations. The User guarantees that the uploaded material does not infringe on the rights of third parties and does not contain material that may be offensive or violate relevant laws or other regulations.

Assignment

11.1 Naqood reserves the right to freely assign our rights and obligations to the User to a group company or third party.

Liability

12.1 Naqood disclaims any liability in relation to these terms, services, or the use of the service, whether arising in contract or out of contract, including consequential damages or other indirect losses and losses arising from simple negligence.

12.2 Naqood is not responsible for third-party solutions available and/or integrated with the Application. Therefore, Naqood cannot be held responsible for the accuracy, completeness, quality, and reliability of the information and nor the results obtained through these third-party solutions. Similarly, Naqood cannot be held responsible for the availability, security, or functionality of third-party solutions, including possible damages and/or losses caused by third-party solutions. It is your responsibility to prove that any loss you suffer cannot be attributed to third-party solutions.

12.3 Regardless of the type of loss or basis of liability, Naqood's total liability is limited to the User's payment in the 12 months before the occurrence of the liability event, but in all cases, a maximum of DKK 10,000. The User undertakes to indemnify Naqood for product liability damages, third-party losses, and other claims from third parties arising from your use of the Application.

12.4 The User agrees to indemnify Naqood against any claim or loss arising from product liability, third-party losses, or liability to third parties to the extent it arises from your use of the Application.

12.5 Naqood is not responsible for breakdowns or temporary interruptions in the Application, power supply breakdowns, or internet connection breakdowns, vandalism to the system (both physical and computer viruses and hacking), or other conditions and circumstances beyond Naqood's control.

12.6 The use of the Application, including features such as automatic scanning of receipts, suggested accounting entries, and assistance from Naqood support and other communication with Naqood, should only be considered as indicative. Naqood cannot be held accountable for this.

12.7 Information on our website, in our Application, or in our additional products/services should not be considered as legal, tax, accounting, or any other form of advice or service.

Confidentiality and Data Security

13.1 Regarding the processing of Personal Data where the Business is the Data Controller, reference is made to the provisions of the Data Processing Agreement between Naqood and the Business. Regarding Naqood's processing of Personal Data in the role of Data Controller, reference is made to the privacy policy.

13.2 Naqood has a duty of confidentiality about all information that Naqood may come into possession of about the User.

13.3 To the extent the User uses information, usernames, or passwords related to third-party information or services in relation to Naqood, the User guarantees that the disclosure of such information and Naqood's processing of such information does not violate rights or agreements with third parties. The User must indemnify Naqood for any loss in connection with this provision.

Changes to the Terms

14.1 Naqood can change and update these terms and information about rights at any time. The applicable terms will always be available on our websites. Use of the Application and/or our websites after a change in these terms is considered your acceptance of the amended terms.

Disputes

15.1 If a dispute arises between the User and Naqood, the dispute shall be settled under the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).

Validity

These terms are valid from October 11th, 2024, and replace all previous versions.