Welcome to Me’kaaz.. These Terms and Conditions (“Terms”) govern your use of the Me’kaaz. website, applications, devices, and other services (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms and affirm that you are over the age of 18 and are able to form legally binding contracts.

1. Agreement to Terms

1.1 Acceptance of Terms

By accessing or using the Me’kaaz. platform, including but not limited to browsing the website, using any of our services, or setting up an account, you signify that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”) as they are presented to you at the time of your access or use. These Terms apply to all visitors, users, and others who wish to access or use the Service.

1.2 Capacity to Accept Terms

You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Me’kaaz. platform is not intended for children under 13. If you are under 13 years of age, then refrain from using the Me’kaaz. platform.

1.3 Legal Compliance

You agree to comply with all local laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported to our servers in Saudi Arabia.

1.4 Modifications to Terms

Me’kaaz. reserves the right, at its sole discretion, to modify or replace these Terms at any time as outlined in Section 13 “Changes to Terms”. By continuing to access or use our platform after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Me’kaaz. platform.

1.5 Entire Agreement

These Terms constitute the entire agreement between you and Me’kaaz. regarding the use of the Me’kaaz. platform, superseding any prior agreements between you and Me’kaaz. regarding your use of the platform. Any additional terms agreed upon between you and Me’kaaz. shall be considered incorporated into these Terms.

1.6 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect.

1.7 No Waiver

The failure of Me’kaaz. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

1.8 Contact Information

If you have any questions about these Terms, please contact us at info@mekaaz.com.

1.9 Acknowledgment

By using the Me’kaaz. platform, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. You further agree that these Terms represent a complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of these Terms.

2. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy by clicking here, which explains how we handle personal and health-related information you provide to us.

2.1 Commitment to Privacy

Me’kaaz. is committed to protecting the privacy and security of our users. Our Privacy Policy, which forms part of these Terms, outlines our practices concerning the collection, use, and disclosure of personal and health-related information provided by users of the Me’kaaz. platform.

2.2 Information Collection

Personal Information: We collect personal information that you voluntarily provide to us, including but not limited to, your name, email address, and contact details. This information is necessary for providing personalized services and support.

Health Information: As part of our services, we may collect health-related information that you provide directly or through the use of our devices, such as blood pressure readings, glucose levels, and other relevant health data.

Technical Data: We automatically collect certain information when you visit our platform, such as IP address, device type, and browser type. This information helps us understand how our platform is being used and provides insights into how we can improve.

2.3 Use of Information

The information we collect is used in various ways, including:

To Provide Services: To administer our platform, provide customer support, and deliver the services you request effectively.

To Improve Services: To perform research and analysis about your use of, or interest in, our products, services, or content.

To Communicate: To communicate with you about updates, technical notices, security alerts, support, and administrative messages.

2.4 Sharing of Information

With Consent: We will share personal information with companies, organizations, or individuals outside of Me’kaaz. when we have your consent to do so.

For External Processing: We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and other applicable laws, including those regarding data protection and confidentiality.

For Legal Reasons: We will share personal information if we believe that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process, or enforceable governmental request, enforce applicable Terms, including investigation of potential violations, detect, prevent, or otherwise address fraud, security or technical issues, or protect against harm to the rights, property or safety of Me’kaaz., our users, or the public as required or permitted by law.

2.5 Data Security

We implement a variety of security measures designed to maintain the safety of your personal information when you enter, submit, or access your personal information. These include using encryption where appropriate, having physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

2.6 Data Retention

Me’kaaz. retains personal information for as long as necessary to provide the services, support your use of the Me’kaaz. platform, comply with our legal obligations, resolve disputes, and enforce our agreements.

2.7 User Rights

You have certain rights regarding your personal information, including the right to access, correct, update, or request deletion of your personal information. Me’kaaz. complies with national laws regarding data protection and will provide mechanisms for you to exercise these rights.

2.8 International Data Transfers

Personal information collected by Me’kaaz. may be stored and processed in the Kingdom of Saudi Arabia, or in any other country where Me’kaaz. or its affiliates, subsidiaries, or service providers maintain facilities. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

2.9 Changes to the Privacy Policy

Our Privacy Policy may change from time to time. We will post any privacy policy changes on this page and,

3. Services Provided

Me’kaaz. offers a comprehensive range of digital health services and connected devices designed to assist users in monitoring and managing their health. These services are provided under the following terms:

3.1 Health Monitoring Devices

Me’kaaz. provides various Internet of Things (IoT) devices, including but not limited to:

SOS Bands: Devices designed to send alerts to caregivers or emergency services.

Smart Bands: Multi-functional devices that monitor vital health metrics such as blood pressure, heart rate, glucose levels, and oxygen saturation.

Dedicated Health Monitors: Includes blood pressure monitors, glucose monitors, oximeters, and weight scales that sync data to the Me’kaaz. cloud platform.

These devices are intended to support, not replace, the relationship that exists between a patient and their healthcare provider. The devices provide data that can be critical in managing health but are not intended to diagnose or treat conditions without professional oversight.

3.2 Software Solutions

Patient and Caregiver Apps: Applications that allow for the management of device data, including viewing data history, setting reminders for medication, and scheduling doctor appointments.

Data Integration: Our platform integrates data from various devices and presents it through the apps to provide users and authorized caregivers with a comprehensive overview of the user’s health status.

3.3 Virtual Consultation Services

Me’kaaz. facilitates virtual consultations with healthcare providers through its platform. These services are intended to allow users to discuss their health data and concerns with certified professionals from the comfort of their home. It is important to note:

Professional Advice: The advice provided during virtual consultations is based on the information available to the healthcare provider at the time of the consultation and does not substitute for in-person healthcare services.

Scheduling and Availability: Availability of virtual consultations may vary based on the user’s location, the availability of participating healthcare providers, and other factors.

3.4 Cloud-Based Data Services

Data Storage and Management: User data collected from Me’kaaz. devices are stored and managed securely on our cloud platform, ensuring data integrity and confidentiality.

Data Sharing: Data can be shared with healthcare providers and designated caregivers, subject to user consent and in accordance with our Privacy Policy and applicable laws.

3.5 Compliance and Standards

Regulatory Compliance: Me’kaaz. strives to commit to compliance with all applicable health regulations and standards in the Kingdom of Saudi Arabia. This includes data protection laws, health device certification standards, and telemedicine regulations.

Continuous Monitoring: We continuously monitor our compliance with these standards and adjust our protocols and services as necessary to maintain the highest levels of safety and regulatory adherence.

3.6 Limitations of Service

Not for Emergencies: The Me’kaaz. Platform and its devices are not designed to handle medical emergencies. In the event of an emergency, users should contact their local emergency services immediately.

Technology Limitations: While we strive to ensure reliability, technological limitations such as interruptions in internet service or device failures can occur, and such interruptions may impact the functionality of our services.

By using the services provided by Me’kaaz., you acknowledge and agree to these terms, and you commit to using these services only for their intended purposes and in accordance with all applicable laws and guidelines.

4. Account Registration and Use

4.1 Account Creation

To access and use certain features of the Me’kaaz. Platform, users must create a personal account. Here’s what is required during the registration process:

Personal Information: You must provide valid and accurate personal information, such as your name, contact information, and date of birth, to ensure your identification and to facilitate the services we provide.

Account Security: You are responsible for creating a secure password. Me’kaaz. recommends a password that includes a mix of letters, numbers, and symbols and is unique to our platform.

Verification: In some cases, we may require additional information to verify your identity, such as a government-issued ID or health insurance details. This is to ensure the security and confidentiality of your health data.

4.2 Account Responsibilities

When you register and maintain an account with Me’kaaz., you agree to:

Update Information: Keep your contact details and any other provided information up to date and accurate.

Account Security: Maintain the security and confidentiality of your account credentials and not share these with others. You are responsible for all activities that occur under your account, whether or not you have authorized such activities or actions.

Notify Me’kaaz.: Immediately notify us if you suspect or become aware of any unauthorized use of your account or any other breach of security.

4.3 Account Use

Compliance with Laws: You agree to use your account and the Me’kaaz. Platform in compliance with all applicable laws and regulations, including but not limited to privacy laws and regulations governing the use of medical devices and health services.

Prohibited Activities: You are prohibited from using your account for any unlawful or fraudulent purpose, to solicit others to perform or participate in any unlawful acts, to violate any international or regional regulations, rules, laws, or local ordinances.

4.4 Suspension and Termination

Me’kaaz. reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, fraudulent, or in violation of these Terms of Use:

Suspension: Account suspension will restrict access to your account temporarily while issues are investigated and resolved.

Termination: Account termination will result in the permanent deletion of your account and all associated data, subject to our data retention policies.

4.5 Re-Registration

If your account has been terminated by Me’kaaz., you may not re-register for the Me’kaaz. Platform without our explicit permission. This prevents circumvention of account termination and maintains the integrity and security of our platform.

4.6 Rights Reserved

Me’kaaz. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

By registering for an account, you agree to comply with and be legally bound by these terms, as updated from time to time. We encourage you to review these Terms regularly to ensure that you are aware of any changes and how they may affect you.

5. User-Generated Content

5.1 Definition of User-Generated Content

“User-Generated Content” (UGC) includes all forms of content such as text, images, audio, and video that users may upload, publish, or otherwise make available to Me’kaaz.. Specifically, this includes but is not limited to:

Personal Health Data: Clinical and health-related data entered manually by users or captured automatically through Me’kaaz.’s devices, including but not limited to measurements related to blood pressure, heart rate, glucose levels, and medication adherence.

Posts and Comments: Any text or multimedia content that users submit to forums, blogs, comment sections, or other interactive areas of the platform.

Feedback and Surveys: Responses and submissions to surveys or feedback mechanisms initiated by Me’kaaz..

5.2 User Rights and Responsibilities

Ownership and Responsibility: You retain ownership of any intellectual property rights that you hold in the UGC you post on Me’kaaz.. You are solely responsible for the UGC that you upload, publish, display, link to, or otherwise make available on the platform, and you agree that you are responsible for any repercussions or liabilities related to such UGC.

Accuracy of Content: You affirm that all clinical and health-related data you provide is accurate, not misleading, and entered honestly to the best of your knowledge. Misrepresentation of any health data can lead to incorrect health advice and is strictly prohibited.

5.3 Consent to Use Clinical Data

Purpose of Use: Clinical data provided by you is primarily used to enhance your experience on the platform by providing personalized health insights and improving health outcomes. It may also be used for research and development purposes to enhance Me’kaaz.’s offerings, subject to applicable regulatory requirements.

Sharing with Healthcare Providers: With your consent, such data may be shared with healthcare providers to facilitate better clinical support and healthcare outcomes.

5.4 License Grant to Me’kaaz.

By posting any UGC on the Me’kaaz. platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Me’kaaz. a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such UGC and your name, voice, and/or likeness as contained in your UGC, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Me’kaaz. service and Me’kaaz.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Me’kaaz. services (and derivative works thereof) in any media formats and through any media channels.

5.5 Monitoring and Enforcement

Moderation: Me’kaaz. reserves the right to review and, if necessary, remove any UGC that violates these Terms or that is deemed harmful to the community.

Automated Processes: We may use automated systems that analyze your content to help detect infringement and other potential violations of these Terms and our policies.

5.5 Prohibited Content

Users are prohibited from posting UGC that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;

Contains any type of unauthorized or unsolicited advertising;

Imitates any person or entity, including any Me’kaaz. employees or representatives.

5.6 No Obligation to Publish

Me’kaaz. may decide, in its sole discretion, to refrain from publishing, and to remove, or to require you to remove, any UGC. Reasons for refusing to publish, removing, or requiring the removal of UGC include, but are not limited to, the potential violation of these Terms or the detriment of the user experience on the platform.

5.7 Indemnification

You agree to defend, indemnify, and hold harmless Me’kaaz. and its licensee and licensors, and their employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:

Your use and access of the Me’kaaz. platform, by you or any person using your account

A breach of these Terms, particularly as it relates to your UGC.

5.8 Changes to UGC Policy

Me’kaaz. reserves the right to make changes to this UGC policy at any time. Changes will be communicated through the platform, and continued submission of UGC following such changes constitutes your agreement to those changes.

6. Platform Use Restrictions

The Me’kaaz. platform is designed to provide users with trusted and safe digital health services and devices. To maintain the integrity and security of our services, all users must adhere to the following usage restrictions:

6.1 Prohibited Actions

Users of the Me’kaaz. platform are strictly prohibited from:

Illegal Activities: Engaging in any illegal activities, including but not limited to fraud, money laundering, illegal gambling, or terrorist activities.

Infringement of Rights: Posting or transmitting content that infringes on any intellectual property or other proprietary rights of any party.

Harmful or Malicious Activities: Introducing viruses, worms, harmful code, or any software intended to damage or alter a computer system or data.

Unauthorized Access: Attempting to gain unauthorized access to the platform’s backend systems or any other user’s account, or providing assistance to others’ attempting to do so.

Interference with Operations: Engaging in any activity that interferes with or disrupts the platform’s operations or the servers and networks connected to the platform.

Data Mining: Unauthorized use and aggregation of data from the platform for data mining or any other commercial use not expressly permitted by Me’kaaz..

Impersonation or Misrepresentation: Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

6.2 Content Restrictions

Users must not upload, post, or otherwise transmit any content that:

Is Unlawful or Promotes Unlawfulness: Content that encourages conduct that would constitute a criminal offense or give rise to civil liability.

Is Harmful or Offensive: Content that is harmful, abusive, racially or ethnically offensive, defamatory, harassing, humiliating to other people (publicly or otherwise), threatening, or otherwise objectionable.

Involves Bullying and Abuse: Content that promotes bullying or harassment of another person.

Sexually Explicit Material: Posting or distributing content that is pornographic or sexually explicit in nature.

False Information and Misrepresentation: Content that contains false statements, misrepresents your identity, or manipulates identifiers to disguise the origin of any content transmitted through the platform.

Advertising and Solicitation: Using the platform to send unsolicited advertisements or promotions, other forms of solicitation, or any form of lottery or gambling.

6.3 Compliance with Laws

You must use the platform in compliance with all applicable local laws and regulations, including but not limited to those governing online conduct, acceptable content, and the transmission of technical data exported to the Kingdom of Saudi Arabia.

6.4 Reporting Violations

We encourage you to report any violations of these restrictions to Me’kaaz.. We reserve the right to investigate and take appropriate legal action against anyone who, in Me’kaaz.’s sole discretion, violates this provision, including without limitation, removing the offending content from the platform, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

6.5 Enforcement

Failure to comply with these Platform Use Restrictions may result in the immediate termination of your access to the Me’kaaz. platform and its services, legal action, and/or notification to law enforcement authorities as deemed appropriate by Me’kaaz..

7. Intellectual Property Rights

The Platform and its original content, features, and functionality are and will remain the exclusive property of Me’kaaz. and its licensors.

7.1 Ownership of Platform and Content

All content on the Me’kaaz. platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Me’kaaz. or its content suppliers and protected by domestic and international intellectual property laws. The compilation of all content on the Me’kaaz. platform is the exclusive property of Me’kaaz., with copyright protection extending to all content provided by Me’kaaz..

7.2 Trademarks

The Me’kaaz. name and all related logos, product and service names, designs, and slogans are trademarks of Me’kaaz. or its affiliates or licensors. You are not permitted to use these marks without the prior written consent of Me’kaaz.. All other names, brands, and marks are used for identification purposes only and may be the trademarks of their respective owners.

7.3 Patent Rights

Me’kaaz. products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. Me’kaaz. reserves all such rights. You may not copy, modify, replicate, reverse engineer, or create derivative works from any technology or proprietary method used in the development and deployment of Me’kaaz. services without the express written permission of Me’kaaz..

7.4 Copyrighted Material

Me’kaaz. respects the intellectual property of others and asks that users of our platform do the same. In connection with our platform, we may use and promote services or products from third parties and provide links to third-party websites. The mere use of these third-party services does not imply an endorsement of these services, and you should gain permission to use any copyrighted materials from the copyright owner directly.

7.5 User-Generated Content License

As detailed in Section 5, by posting content on the Me’kaaz. platform, you grant Me’kaaz. a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the platform and Me’kaaz.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the platform (and derivative works thereof) in any media formats and through any media channels.

7.6 Infringement Claims

If you believe that your intellectual property rights have been violated in any way that constitutes copyright infringement or infringement of your trademark, patent, or other intellectual property rights, please provide the following information to Me’kaaz.:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the platform;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

7.7 Modifications and Enforcement

Me’kaaz. reserves the right to enforce its intellectual property rights to the fullest extent of the law. Me’kaaz. may take any actions it deems necessary to protect its intellectual property rights and the intellectual property rights of others, including, but not limited to, legal action.

8. Third-Party Links & Content

The Platform may contain links to third-party web sites or services that are not owned or controlled by Me’kaaz.. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

8.1 Third-Party Services and Content

The Me’kaaz. platform may include links to other websites, services, and applications that are not operated or controlled by Me’kaaz. (“Third-Party Services”). These links are provided for your convenience and do not imply endorsement by Me’kaaz. of the Third-Party Services. Me’kaaz. makes no representations or warranties about the content, completeness, quality, legality, or accuracy of these Third-Party Services. The content on linked sites is not under the control of Me’kaaz., and we are not responsible for the content of linked sites, including without limitation any link contained in a linked site, or any changes or updates to a linked site.

8.2 Use at Your Own Risk

Your interactions with organizations and/or individuals found on or through the Third-Party Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

8.3 No Liability

Me’kaaz. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Me’kaaz. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Me’kaaz., its officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services.

8.4 Disclaimer of Endorsement

The inclusion of a link to a third-party site on the Me’kaaz. platform does not imply endorsement of the site by Me’kaaz. or any association with its operators. Such links are provided as a convenience to users and are not sponsored by or affiliated with this site or Me’kaaz.. The inclusion of any link does not imply endorsement of the site, nor is there any warranty made regarding the content or accuracy of information contained on the site.

8.5 Intellectual Property

Any content you access from third-party sites remains the intellectual property of those sites. You should respect the intellectual property rights of others when you access such content.

8.6 Changes to Third-Party Services

Third-Party Services may have their own terms and conditions and privacy policies, and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Me’kaaz. does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Service or for any transaction you may enter into with the provider of any such Third-Party Services, nor does Me’kaaz. warrant the compatibility or continuing compatibility of the Third-Party Services with the Me’kaaz. platform.

9. Termination

We may terminate or suspend access to our Platform immediately, without prior notice or liability, for any breach of these Terms.

9.1 Termination by Me’kaaz.

Me’kaaz. reserves the right to terminate or suspend your account and access to the Me’kaaz. platform and its services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Reasons for termination may include:

Breach of Terms: Violation of any of the terms under these Terms and Conditions, including but not limited to violation of the rights of others, unauthorized use of the Me’kaaz. platform, or actions that cause liability or harm to any user or third party associated with Me’kaaz..

Legal Compliance: If termination is necessary to comply with legal requirements or law enforcement requests.

Security and Technical Issues: If your actions cause security or technical issues or complications on the platform.

Inactive Accounts: Me’kaaz. reserves the right to terminate unused accounts that remain inactive for an extended period of time.

Upon termination, your right to use the platform will cease immediately. You should be aware that termination of your account may involve deletion of your account information from our live databases as well as any content that you uploaded to the Me’kaaz. platform using such account.

9.2 Termination by User

You may terminate your account and discontinue your use of the Me’kaaz. platform at any time by following the instructions on the Me’kaaz. platform or by directly contacting customer support to deactivate your account. Upon voluntarily terminating your account:

Data Retention: We may continue to store archived data including your account information and user-generated content as required by law or for legitimate business purposes.

No Refunds: You acknowledge that all fees paid by you for services accessed through Me’kaaz. are final and non-refundable, unless otherwise determined by Me’kaaz..

9.3 Effects of Termination

Upon termination of your account, you lose all access to the platform and any data associated with your account. Me’kaaz. reserves the right to keep, delete, or otherwise modify any content or information stored on its servers. The following provisions of these Terms survive any termination:

Intellectual Property Rights

User-Generated Content License

Disclaimer of Warranties

Indemnification

Limitation of Liability

Governing Law

9.4 Post-Termination

After termination, you are not permitted to attempt to register a new account or access the Me’kaaz. platform through other accounts without Me’kaaz.’s express permission.

9.5 Legal Actions

Me’kaaz. reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Me’kaaz. platform.

10. Indemnification

You agree to defend, indemnify, and hold harmless Me’kaaz. and its licensee and licensors, and their employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the Platform.

10.1 Scope of Indemnification

You agree to defend, indemnify, and hold harmless Me’kaaz., its parent, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (each, an “Indemnified Party” and collectively, “Indemnified Parties”) from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs, or expenses (including reasonable attorneys’ fees and other litigation expenses) incurred by any Indemnified Party arising out of or relating to:

Your use or misuse of, or access to, the Me’kaaz. platform, services, content, or otherwise from your User-Generated Content;

Your violation of these Terms and Conditions;

Your violation of any rights of another party, including any users;

Your violation of any applicable laws, rules, or regulations;

Any misrepresentation made by you.

10.2 Cooperation and Assistance

As a condition of your use of the Me’kaaz. platform, you agree to cooperate with any reasonable requests assisting our defense of such matters. Cooperation may include providing documents, giving testimony, and other similar activities. You further agree to assist us in the enforcement of any applicable agreements, policies, terms, and conditions as may be necessary or requested.

10.3 Notification

You agree to promptly notify Me’kaaz. of any third-party claims, cooperation with any defense organized by Me’kaaz., and not to settle any claim without Me’kaaz.’s prior written consent.

10.4 Defense and Control

Me’kaaz. reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Me’kaaz. and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Me’kaaz.. Me’kaaz. will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10.5 Limitation on Indemnification

Notwithstanding any provisions contained herein, the indemnification obligation according to this Section 10 shall not apply to incidents, claims, or charges arising as a result of Me’kaaz.’s own negligence or willful misconduct.

10.6 Indemnification by Third Parties

You acknowledge that certain third-party providers providing certain services and/or content on the Me’kaaz. platform may require you to agree to additional or different indemnity or liability terms as a condition of accessing such services or content.

11. Limitation of Liability

In no event shall Me’kaaz., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Platform.

11.1 General Limitation

In no event shall Me’kaaz., nor its directors, employees, agents, partners, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Me’kaaz. platform;

Any conduct or content of any third party on the Me’kaaz. platform;

Any content obtained from the Me’kaaz. platform;

Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

11.2 Specific Limitations

Caps on Liability: Me’kaaz.’s total liability to you for all claims arising from or relating to the use of or any inability to use any portion of the Me’kaaz. platform or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the amount you paid to access the Me’kaaz. platform or SAR 1000, whichever is greater.

Exclusions: Liability does not cover any loss or damage which is not directly caused by Me’kaaz. or which is caused by your failure to comply with these Terms and Conditions.

11.3 Disclaimer of Certain Damages

Me’kaaz. and its service providers are not liable for any personal injury, including death, caused by your use or misuse of the platform, content, or public areas (as defined below).

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, Me’kaaz.’s liability will be limited to the greatest extent permitted by law.

11.5 Basis of the Bargain

You acknowledge and agree that Me’kaaz. has offered its products and services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Me’kaaz., and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Me’kaaz..

11.6 User Acknowledgement

You understand and agree that Me’kaaz. would not be able to offer its services to you on an economically feasible basis without these limitations.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Kingdom of Saudi Arabia without regard to its conflict of law provisions.

12.1 Choice of Law

These Terms and Conditions, and any dispute arising out of or related to these Terms or the Me’kaaz. platform, will be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without regard to its conflict of law provisions.

12.2 Jurisdiction

You agree that any legal action or proceeding between you and Me’kaaz. relating to these Terms or your use of the platform will be brought exclusively in the high courts located in Riyadh, Saudi Arabia. You hereby agree to submit to the exclusive jurisdiction and venue of these courts and waive any objections based on inconvenient forum or any other basis.

12.3 Compliance with Local Laws

Users are responsible for compliance with all local laws applicable to their access to and use of the Me’kaaz. platform. Access to the Me’kaaz. platform may not be legal by certain persons or in certain countries. If you access the Me’kaaz. platform from outside Saudi Arabia, you do so on your own initiative and are responsible for compliance with local laws.

12.4 Legal Effect

This governing law provision applies to all users of the Me’kaaz. platform, including but not limited to browsing the website, contributing content, participating in discussions, or initiating transactions on the platform.

12.5 Enforcement

If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Me’kaaz. to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Me’kaaz. must be in writing and shall only apply to the specific instance identified in such writing.

12.6 Modifications to Governing Law

Me’kaaz. reserves the right to make changes to this section at any time. Changes will be communicated through the Me’kaaz. platform, and you are advised to check this section from time to time for any updates that may impact you.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 10 days’ notice prior to any new terms taking effect.

13.1 Right to Modify Terms

Me’kaaz. reserves the right, at its sole discretion, to modify or replace these Terms at any time. Such modifications may be necessary due to changes in the law, new regulatory requirements, improvements or enhancements made to our services or devices, or other reasons deemed appropriate by Me’kaaz..

13.2 Notification of Changes

Notification Method: When we make changes that we believe are material, we will provide you with notice of such changes by posting them on the Me’kaaz. platform or by sending you an email or other communication before the changes become effective. The form of such notice is at our discretion.

Review Period: The notice will designate a reasonable period after which the new terms will take effect. We encourage you to review the updated Terms whenever such changes are posted.

13.3 User’s Acceptance of Changes

Implicit Acceptance: Your continued use of the Me’kaaz. platform after the changes to the Terms have taken effect will constitute your acceptance of such changes. If you do not agree to the new terms, you should discontinue your use of the Me’kaaz. platform and services.

Explicit Acceptance: In some cases, we may seek your explicit consent to the updated terms, either through the use of an electronic agreement or other means.

13.4 Archival of Previous Terms

Me’kaaz. will archive previous versions of the Terms for your review. Upon your request, we can provide access to any earlier version of our Terms.

13.5 User Responsibility

It is your responsibility to check the Terms periodically for changes. We understand the Terms govern your use of the Me’kaaz. platform and services, and it is important for you to review them carefully before you continue to access or use the Me’kaaz. platform after changes have been made.

13.6 No Retroactive Changes

Changes to the Terms will not be applied retroactively and will only apply to disputes or to issues that arise after the changes become effective.

13.7 Language of the Terms

If Me’kaaz. provides you with a translation of the English version of these Terms, the English version of the Terms will control if there is any conflict.

13.8 Legal Compliance

All changes will be made in compliance with applicable laws and regulations under the jurisdiction of Saudi Arabia. This compliance includes ensuring that users are informed of new terms in a manner consistent with legal requirements.