TERMS OF SERVICE

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity) ("you", "your", "Client") and HIREWAVE AI LTD, doing business as IqdamAI ("IqdamAI", "we", "us", "our"), concerning your access to and use of our services.

By accessing or using our Services, you agree that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. SERVICES DESCRIPTION

IqdamAI provides the following services:

2.1 AI-Powered Solutions

• AI chatbots deployed across various social media channels and websites
• Intelligent automation systems utilizing artificial intelligence technologies
• Custom AI integrations tailored to client requirements

2.2 Automation & Systems

• Business process automation with and without AI components
• Custom system development and implementation
• Workflow optimization solutions

2.3 Infrastructure & Third-Party Platforms

• Comprehensive infrastructure setup and management
• Integration with third-party platforms and services
• Technical infrastructure as part of service delivery

All services are subject to availability and may be modified, suspended, or discontinued at our sole discretion.

3. PAYMENT TERMS

3.1 Payment Structure

Our payment model varies based on the specific service and client requirements. Generally, payments consist of:

a) Setup Fees

• One-time charges for initial setup, configuration, and deployment
• Non-refundable once work has commenced

b) Monthly Subscriptions

• Recurring monthly charges for ongoing services
• Billed in advance at the beginning of each billing cycle
• Subject to the cancellation and refund policies outlined in Section 4

3.2 Third-Party Charges

Certain services utilize third-party platforms and infrastructure that may incur automatic charges controlled directly by you, the Client. Examples include but are not limited to:

• Wallet top-ups
• API usage fees
• Platform-specific charges (e.g., messaging service costs)

You acknowledge and agree that:

• These third-party charges are separate from IqdamAI's fees
• IqdamAI is not responsible for third-party billing or refunds
• You are solely responsible for managing and monitoring third-party accounts and charges

3.3 Payment Processing

All payments are processed through our designated payment processor (currently Stripe). By providing payment information, you:

• Authorize us to charge the applicable fees to your provided payment method
• Represent that you have the legal right to use the payment method provided
• Agree to pay all applicable taxes and fees

4. CANCELLATION AND REFUND POLICY

4.1 General Refund Policy

IMPORTANT: Monthly subscriptions are NON-REFUNDABLE and NON-CANCELLABLE except as determined by IqdamAI at our sole discretion.

This policy exists because:

• Monthly subscriptions include third-party platform costs
• Infrastructure expenses are incurred immediately upon activation
• Third-party services cannot be reversed or refunded to us

Any refunds or cancellations granted are entirely at IqdamAI's discretion and are determined on a case-by-case basis in accordance with Islamic ethics and values.

4.2 Full Refund Eligibility

We may provide a full or partial refund in the following circumstances, subject to our approval:

a) Service Non-Delivery

If the platform, services, or deliverables are materially different from what was explicitly agreed upon during recorded meetings or documented conversations between IqdamAI and the Client.

Conditions:

• The discrepancy must relate to features, functionalities, or specifications that were specifically discussed and agreed upon
• Evidence must be available in our recorded meetings/conversations
• Features or functionalities that were never discussed or agreed upon are NOT grounds for refund
• The Client must notify us within 7 days of discovering the discrepancy

b) Project Cancellation After Commencement

If the Client cancels the project after work has begun:

• We determine whether work has officially commenced based on internal development logs, resource allocation, and infrastructure deployment
• Refund amount will be calculated based on:
  • Work completed prior to cancellation
  • Infrastructure costs incurred (servers, third-party services, tools, licenses)
  • Resources allocated to the project
  • Any non-recoverable expenses

The refund amount will be: Total Amount Paid - (Work Completed + Infrastructure Costs + Additional Fees)

4.3 Recording and Documentation

All communications are recorded for quality assurance and dispute resolution:

• Written conversations (email, chat, messaging platforms)
• Phone calls (audio recordings)
• Video meetings (video and audio recordings)

By using our services, you consent to these recordings. These recordings serve as the official record for determining:

• Agreed-upon specifications and features
• Project scope and deliverables
• Refund eligibility and calculation

4.4 Refund Determination Process

1. Client submits refund request via email to [email protected]
2. IqdamAI reviews request and examines recorded communications
3. IqdamAI determines eligibility and refund amount at sole discretion
4. Decision is communicated within 14 business days
5. If approved, refund is processed within 30 business days

IqdamAI reserves the right to deny any refund request for any reason, including but not limited to:

• Breach of these Terms by the Client
• Abusive or unethical behavior
• Requests deemed unreasonable or made in bad faith
• Situations where refund violates Islamic principles or ethical standards

4.5 Transaction Fees

In all cases where a refund is approved and processed:

• The Client is responsible for ALL transaction fees, including:
  • Original payment processing fees
  • Refund processing fees
  • International transfer fees (if applicable)
  • Currency conversion fees (if applicable)

Example: If you paid $1,000 and are eligible for a $500 refund, and total transaction fees are $50, you will receive $450.

4.6 Monthly Subscription Cancellation

• Monthly subscriptions cannot be cancelled mid-cycle
• No prorated refunds for partial months
• Services continue until the end of the current billing period
• Client may choose not to renew for the following month by notifying us at least 5 days before renewal date

5. USER OBLIGATIONS

5.1 Account Responsibilities

You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

5.2 Acceptable Use

You agree NOT to:

• Use the Services for any illegal purpose or in violation of any laws
• Violate or infringe upon the rights of others
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use the Services to harass, abuse, or harm others
• Engage in any activity that violates Islamic principles or ethical standards
• Reverse engineer, decompile, or disassemble any aspect of the Services

5.3 Content Responsibility

You are solely responsible for any content you provide, submit, or transmit through the Services. You represent and warrant that you have all necessary rights to such content.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Property

The Services, including all content, features, functionality, source code, algorithms, and technology are owned by IqdamAI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your internal business purposes
• Use deliverables provided as part of your specific service agreement

You may NOT:

• Copy, modify, distribute, sell, or lease any part of our Services
• Attempt to extract source code or reverse engineer the Services
• Remove any proprietary notices or labels
• Use our intellectual property for any purpose not expressly authorized

6.2 Client Content

You retain ownership of any content you provide to us. By providing content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing Services to you.

6.3 Deliverables

Unless otherwise specified in writing:

• Custom-developed solutions remain the property of IqdamAI
• You receive a license to use the deliverables as specified in your service agreement
• Generic code, frameworks, and reusable components remain IqdamAI property

7. THIRD-PARTY SERVICES

7.1 Third-Party Integration

Our Services may integrate with or rely upon third-party platforms, including but not limited to:

• Cloud infrastructure providers
• API services (OpenAI, Anthropic, Google Cloud AI, Grok)
• Payment processors (Stripe)
• Messaging platforms
• Social media platforms

7.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for:

• Third-party service availability or performance
• Changes to third-party APIs or services
• Third-party billing or charges
• Third-party data practices

7.3 Third-Party Costs

Certain services require third-party accounts and may incur separate charges. You are responsible for:

• Creating and maintaining third-party accounts
• Paying all third-party fees and charges
• Monitoring third-party usage and costs
• Complying with third-party terms

8. DATA AND PRIVACY

8.1 Data Collection

We collect and process personal information as described in our Privacy Policy, available at https://iqdamai.com/privacy.

8.2 Recording and Monitoring

We record all forms of communication:

• Written communications (email, chat, messaging)
• Audio calls (phone conversations)
• Video meetings (with audio and video)

Purpose of recordings:

• Quality assurance and training
• Dispute resolution
• Contract enforcement
• Service improvement
• Refund claim verification

By using our Services, you explicitly consent to such recording.

8.3 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge that:

• Internet transmission is never completely secure
• You use the Services at your own risk
• We are not liable for unauthorized access resulting from circumstances beyond our reasonable control

9. WARRANTIES AND DISCLAIMERS

9.1 Service "As Is"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of information

9.2 No Guarantee of Results

We do not guarantee:

• Specific outcomes or results from using the Services
• Compatibility with all systems or platforms
• That the Services will meet all your requirements
• That AI outputs will always be accurate or appropriate

9.3 Third-Party Disclaimer

We are not responsible for:

• Third-party service failures or interruptions
• Third-party policy changes affecting the Services
• Loss of data due to third-party issues

10. LIMITATION OF LIABILITY

10.1 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IQDAMAI'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO IQDAMAI IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10.2 Excluded Damages

IN NO EVENT SHALL IQDAMAI BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption
• Reputational harm
• Third-party claims
• Any damages exceeding the amount stated in Section 10.1

10.3 Exceptions

These limitations do not apply to:

• Liability that cannot be excluded by law
• Fraud or fraudulent misrepresentation
• Death or personal injury caused by negligence

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless IqdamAI, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Content you provide or transmit through the Services
• Your breach of any representations or warranties

12. TERM AND TERMINATION

12.1 Term

These Terms remain in effect while you use the Services.

12.2 Termination by You

You may terminate your account by:

• Ceasing to use the Services
• Requesting account closure via email to [email protected]
• Not renewing monthly subscriptions

Note: Termination does not entitle you to any refunds except as specified in Section 4.

12.3 Termination by Us

We may suspend or terminate your access immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive behavior toward our staff
• Non-payment of fees
• Any reason we deem appropriate at our sole discretion

12.4 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• You remain liable for all outstanding fees and charges
• Sections that by nature should survive termination shall survive
• We may delete your data in accordance with our data retention policies

13. DISPUTE RESOLUTION

13.1 Informal Resolution

Before initiating any formal proceedings, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Note: While our company is incorporated in the United Kingdom, our operations are conducted internationally. However, English law shall govern these Terms.

13.3 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.4 Islamic Principles

In all matters, IqdamAI reserves the right to apply Islamic ethics and principles in dispute resolution and decision-making, including but not limited to refund determinations and contract interpretations.

14. MODIFICATIONS TO TERMS

14.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date.

14.2 Notification

For material changes, we will attempt to provide notice via:

• Email to your registered address
• Prominent notice on our website
• In-app notification

14.3 Continued Use

Your continued use of the Services after changes constitutes acceptance of the modified Terms. If you do not agree to changes, you must discontinue use.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and IqdamAI.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and IqdamAI.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, or third-party service failures.

15.7 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflicts, the English version prevails.

16. CONTACT INFORMATION

For questions about these Terms, please contact us:

HIREWAVE AI LTD (IqdamAI)
71-75 Shelton Street
Covent Garden
London, England WC2H 9JQ
United Kingdom

Email: [email protected]
Website: iqdamai.com

17. ACKNOWLEDGMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You consent to recording of all communications
• You understand the refund and cancellation policies
• You accept the limitations of liability and disclaimers
• You are at least 18 years of age or have parental consent
• You have the authority to enter into this agreement