Article (1): Introduction and definitions

1. The introduction above, together with all annexes, policies, package descriptions and work orders referred to in this document, forms an integral and complementary part of it, and is read and construed with it.

2. Wherever they appear in these terms, the following words and expressions have the meanings assigned to them below, unless the context indicates otherwise:

• "The Establishment", "the service provider" or "we": Madar Al-Ibtikar for Software, a sole establishment registered in the Hashemite Kingdom of Jordan under number (618018) and with establishment national number (101071876). This definition includes its owner, its representatives, employees, sub-contractors, agents and legal successor.
• "The platform" or "Shofni": the software provided on a subscription basis over the internet, including the dashboard, interfaces, tools, smart applications, programming interfaces (API) and any other technical component the Establishment makes available to the subscriber.
• "The subscriber" or "you": every natural or legal person who creates an account on the platform or subscribes to any of its packages. They are the sole contracting party with the Establishment and the person addressed by these terms.
• "The subscriber's store": the site, store or application that the subscriber creates and runs themselves using the platform's tools. The subscriber is its owner, operator and the party responsible for it.
• "The shopper" or "the end customer": any person who visits the subscriber's store or buys from it. No contractual relationship binds them to the Establishment, and they are not a party to these terms.
• "The subscription": the right to use the platform for a specified period (monthly, annual or otherwise) in return for the published fee, in accordance with the package chosen.
• "The package": the level of service the subscriber chooses, with the features and technical limits it contains, such as storage space, number of products, number of users, bandwidth and number of orders.
• "The restaurant and café module": the specialised set of tools and software modules the Establishment makes available within separate subscription packages, or as an add-on to existing packages, to enable the subscriber to run their restaurant, café or food outlet themselves, as set out in Article (8).
• "Prohibited products": every item, product or service whose display, sale or promotion through the platform is prohibited under Articles (20) and (21), whether the prohibition is imposed by law or under the Establishment's policy as adopted in these terms.
• "The subscription fee": the consideration the subscriber pays the Establishment for the right to use the platform. It is the only consideration the Establishment receives, and it does not include any commission on the subscriber's sales unless otherwise agreed in writing.
• "The trial period": a free or discounted period the Establishment may grant for trying the platform, subject to published special conditions.
• "The subscriber's data": everything the subscriber uploads or enters on the platform, or that is generated through their store, including products, descriptions, images, prices, shopper data and orders.
• "Third-party services": any service, tool or integration the Establishment neither owns nor operates, such as payment gateways, shipping companies, domain and hosting providers, and analytics and messaging tools.
• "Work order": a separate document concluded when the subscriber requests bespoke development or design services outside the scope of the subscription, specifying the scope of work, the deliverables, the duration, the fee and the payment schedule.
• "Applicable laws": the legislation of the Hashemite Kingdom of Jordan, and in particular: the Jordanian Civil Code No. (43) of 1976, the Electronic Transactions Law No. (15) of 2015, the Consumer Protection Law No. (7) of 2017 and the instructions issued under it, the Personal Data Protection Law No. (24) of 2023, the Copyright Protection Law No. (22) of 1992 and its amendments, the Cybercrime Law in force, and the Commercial Code; together with such mandatory provisions of the legislation of your country of residence as apply to you.

3. The singular includes the plural and vice versa, and the headings of articles do not affect the construction of their provisions.

Article (2): Acceptance of the terms and their scope

1. Creating an account on the platform, subscribing to any package, or using any of its tools — including during the trial period — constitutes express and unconditional acceptance of these terms and of the Privacy Policy, the Acceptable Use Policy and the Cookie Policy associated with them.

2. If you do not agree to any provision of these terms, you must stop using the platform immediately and not complete any subscription.

3. These terms constitute a binding electronic contract under the provisions of the Jordanian Electronic Transactions Law No. (15) of 2015. The parties expressly acknowledge the evidential weight of the electronic record, the electronic message, the electronic signature and click-through acceptance (Click-Wrap), and that they produce the same legal effects as a written instrument.

4. These terms apply to all subscriptions and supersede any prior understandings, correspondence or promises. No conditions, purchase orders or contract forms added by the subscriber are of any effect unless the Establishment has agreed to them in writing and under the signature of the authorised signatory.

5. Where these terms conflict with a signed work order, the work order prevails within the limits of its subject matter only, and these terms remain in force as to everything else.

6. Additional special terms may be published for certain packages, features or promotional campaigns, and are read as complementary to these terms.

Article (3): Legal capacity and standing

1. The subscriber acknowledges and undertakes that they have reached eighteen (18) years of age and that they have full legal capacity to contract under the law applicable to them in their country of residence, and that they are not under interdiction for prodigality, inadvertence or any other cause.

2. If the subscriber is a legal person, whoever contracts in its name acknowledges that they are validly and sufficiently authorised to bind it, and bears personal and joint liability in full should the contrary be established.

3. The subscriber acknowledges that the commercial activity they will carry on through their store is duly licensed and registered with the competent authorities, and that they alone bear responsibility for obtaining any licence or approval required by the nature of their activity or products and for keeping it valid.

4. The Establishment bears no responsibility for a subscription made on the basis of an incorrect declaration as to capacity, standing, age or licensing, and reserves the right to recover from the subscriber compensation for the full damage.

Article (4): The nature of the service and the scope of what the Establishment provides

1. The Establishment provides a software service on a subscription basis (Software as a Service), consisting of making technical tools available over the internet that enable the subscriber to create, design, manage the content of, and run their own store or website themselves.

2. The Establishment's obligations are confined exclusively to the following:

• Providing access to the platform and its tools within the limits of the package subscribed to.
• Operating, maintaining and updating the platform's technical infrastructure.
• Providing technical support relating to the performance of the platform itself, within the limits set out in Article (24).

3. The subscription service does not include, and the Establishment is in no case obliged to provide, the following:

• Entering products, writing their descriptions, pricing them, photographing them or updating them.
• Managing orders, packaging, shipping, delivery or installation.
• Serving the subscriber's customers, answering their enquiries or handling their complaints.
• Collecting or holding sales proceeds, refunding them, or handling returns and exchanges.
• Issuing tax invoices for the subscriber's sales or filing their tax returns.
• Marketing the store, guaranteeing its appearance in search engines, or achieving sales or visits.

4. The Establishment undertakes to exercise the care of an ordinary professional in operating the platform. Its obligation is an obligation of means and not of result, unless expressly agreed otherwise in writing.

5. The Establishment may engage sub-contractors or infrastructure or cloud service providers to perform all or part of its obligations, while remaining liable to the subscriber within the limits of its agreed obligations.

6. Prototypes, templates, demonstrations (Demos) and the indicative images displayed are for illustration only. The final appearance may differ according to the subscriber's settings, the display screen or the browser, and such a difference is not a defect.

Article (5): Disclaimer of the capacity of seller, intermediary, agent and payment provider

1. The Establishment acts solely as a provider of software on a subscription basis. It is in no case to be regarded as, and no provision of these terms may be construed as making it: a seller, supplier, manufacturer, importer, distributor, commercial agent, commercial intermediary, carrier, bailee of goods, payment service provider, or collector of funds on behalf of others.

2. The Establishment does not hold the products displayed on subscribers' stores, does not own them, does not store them, does not inspect or examine them, and does not verify their conformity, safety or legality or the accuracy of their descriptions or prices.

3. These terms create no relationship of agency, partnership, joint venture, employment or joint liability between the Establishment and the subscriber; each party contracts in its own independent capacity.

4. The Establishment is not a party — neither as principal, agent, guarantor nor jointly liable party — to any contract of sale or service the subscriber concludes with any shopper. That contract is concluded directly and exclusively between the subscriber and the shopper.

5. No contractual relationship binds the Establishment to shoppers, and it owes them no contractual obligation, warranty, after-sales service, return or compensation.

6. The Establishment's not monitoring the content of stores in advance is not an approval, consent or endorsement of any product, service or content. Any step the Establishment takes voluntarily — such as removing infringing content or answering an enquiry — is in no case an acceptance of the capacity of seller or intermediary, nor an admission of liability.

7. The appearance of the platform's name or logo within the interface or footer of the subscriber's store is a technical reference to the tool being used only, and is not to be construed as an admission of the capacity of seller or of participation in the subscriber's commercial activity.

Article (6): The account, login details and access permissions

1. The subscriber undertakes to provide correct, accurate, complete and up-to-date information on registration and throughout the subscription, and bears alone the full legal and financial consequences of providing incorrect, incomplete or misleading data.

2. The subscriber is solely responsible for keeping confidential the username, password, verification codes (OTP), access keys (API Keys) and dashboard login details, and for all activity and changes made through their account, whether made with or without their knowledge and with or without their authorisation.

3. The subscriber bears full responsibility for the permissions they grant to their employees, collaborators or any third party on the dashboard, and for withdrawing them as soon as their relationship with them ends.

4. Sharing the account with others, assigning it, selling it, renting it or sub-licensing it is prohibited. More than one account may not be created for the same person for the purpose of benefiting from offers, discount codes or trial periods.

5. The subscriber undertakes to notify the Establishment immediately and in writing on suspecting any unauthorised use of their account or any security breach. The Establishment is not answerable for any losses occurring before it receives that notice and is actually able to take appropriate action.

6. The Establishment may suspend or stop any account on suspicion of fraud, misuse, breach of these terms or of the applicable laws, or late payment, without that constituting a breach giving rise to compensation.

Article (7): Packages and technical limits

1. The platform is offered in several packages. The features, technical limits and fee of each package are set out on the pricing page published on the platform, which forms an integral part of these terms.

2. The subscriber undertakes to observe the technical limits of the package subscribed to, including: storage space, number of products, number of users, bandwidth, number of orders or transactions, number of messages, and number of API calls.

3. Where the limits are exceeded, the Establishment may — at its discretion and on notice through the dashboard or the registered email — apply any of the following: charge an additional fee for the excess at the published tariff; restrict the feature exceeded; upgrade the package after notifying the subscriber; or suspend the service if the excess harms the stability of the platform or the other subscribers.

4. The Establishment reserves the right to modify the components or limits of packages, to add new packages or to discontinue an existing package, provided that the subscriber is notified thirty (30) days before any material change affecting their package takes effect, in which case they may decline to renew their subscription at the end of its current period.

5. Features described as experimental (Beta) are provided without any warranty, and the Establishment may modify or withdraw them at any time without notice and without any obligation.

Article (8): The restaurant and café module — specialised subscription packages

1. Within separate subscription packages, or as an add-on to existing packages, the Establishment makes available a specialised software module for running restaurants, cafés, patisseries, juice bars and food outlets of every kind. This module is provided on a subscription basis (SaaS) as a technical tool only, and is subject to all the provisions of these terms, and in particular Articles (4) and (5).

2. Depending on the package subscribed to and what is published on the pricing page, the module may include all or some of the following tools:

• Digital menus and QR code menus (QR Menu), and management of items, add-ons, options, prices and availability times.
• A point-of-sale system (POS), issuing and printing invoices, and managing shifts, tills and payment methods.
• Managing orders of every kind (dine-in, takeaway and delivery), the kitchen display screen (KDS), and tracking order status.
• Managing tables, reservations, floor plans and waiting lists.
• Managing stock, raw materials, cost recipes, waste, purchase orders and suppliers.
• Managing multiple branches, users and permissions.
• Loyalty programmes, discount codes, promotional offers, reports and analytical statistics.
• Optional technical connection points with payment gateways, delivery applications, accounting systems, printers and scales. All of these are third-party services to which the provisions of Article (23) apply.

3. The fee for the restaurant and café module and its technical limits — such as the number of branches, the number of connected points of sale or devices, the number of users, and the number of monthly orders or invoices — are set out on the published pricing page, and the provisions of Articles (7), (10), (11), (13) and (14) apply to them.

4. Hardware and equipment are not included: unless otherwise agreed in writing in a work order, the subscription does not include the supply, installation, maintenance or warranty of any hardware or equipment (computers, screens, printers, cash drawers, barcode readers, tablets, internal networks); the subscriber alone bears their cost and their fitness for use.

5. Licences and requirements: the subscriber acknowledges that they alone bear responsibility for obtaining and renewing every licence or approval required to carry on a restaurant or café business, including the vocational licence, health certificates for staff, health and environmental requirements, civil defence requirements, and the approvals of the competent regulatory authorities. The Establishment verifies none of these and is not answerable for their absence or expiry.

6. Food safety and food information: the Establishment is not a producer, preparer, seller or carrier of food or drink. The subscriber alone bears full responsibility for the safety, quality, source, storage methods, temperatures and shelf life of food, and for the accuracy of every statement published through the module, including: ingredients, allergens, nutritional values, and any description such as "halal", "organic" or "gluten-free". This information is entered by the subscriber directly; the Establishment neither verifies nor warrants its accuracy.

7. Tax obligations and invoicing: the subscriber alone bears responsibility for complying with the income tax law and the general sales tax law and the instructions issued under them, including national invoicing requirements and any tax or charge imposed on restaurant and café activity. Any invoice template the platform makes available is a technical tool, editable by the subscriber, and is not an acknowledgement by the Establishment of its tax correctness or its legal sufficiency.

8. Order and customer data: shopper and order data managed through the module is "the subscriber's data" within the meaning of Article (1). The subscriber is its controller within the meaning of the Personal Data Protection Law No. (24) of 2023, and the Establishment acts as its processor in accordance with Article (28).

9. Offline operation: any feature that works without an internet connection (Offline) is made available as a technical convenience only. The Establishment does not guarantee the completeness of the synchronisation or recovery of data recorded during the period of disconnection, and the subscriber undertakes to verify that synchronisation is complete and that their records reconcile.

10. Delivery applications and intermediaries: where the subscriber's store or restaurant is connected to any delivery application or order intermediary, the relationship between them remains direct and exclusive, and the Establishment is not answerable for that application's commissions, terms, delays, suspension of service, or disputes with the subscriber.

11. Activity managed through this module is subject to all the provisions of Articles (20) and (21), and in particular the absolute prohibition on displaying, selling or delivering alcoholic drinks and religiously or legally forbidden products.

Article (9): The trial period and promotional offers

1. The Establishment may grant a free or discounted trial period, subject to the duration and conditions published at the time it is granted. The Establishment may modify it, cancel it, or refuse to grant it without giving reasons.

2. Unless the subscriber cancels their subscription before the trial period ends, the subscription converts automatically into a paid subscription under the package chosen, and the fee falls due from the date of conversion.

3. More than one trial period may not be taken by the same person, establishment, payment method or domain, and the Establishment may cancel offending accounts without notice.

4. Discount codes and vouchers are subject to the conditions published when they are issued; they are not exchangeable for cash, no unused part of them is refunded, and more than one code may not be combined on a single subscription unless expressly stated otherwise.

5. The Establishment may cancel any code or offer at any time, and cancel the subscriptions benefiting from it, on discovering an error in its issue, a fraudulent use or an unauthorised circulation.

Article (10): Subscription fees, prices and taxes

1. Prices are shown in the currency displayed to you on the packages page at the time you complete your subscription, and are exclusive of sales tax or value added tax unless expressly stated otherwise.

2. Unless otherwise stated, the subscription fee does not include any of the following: domain registration or renewal fees; security certificates; licences for templates, add-ons or third-party services; payment gateway fees and commissions; shipping charges; digital marketplace fees; or bespoke development work.

3. Any taxes, charges or deductions imposed by official authorities are added to the invoice value and borne by the subscriber. If a withholding tax is imposed on the subscriber at source, they undertake to gross up the amount paid so that the Establishment receives the full net agreed fee.

4. The Establishment reserves the right to amend package prices, provided the subscriber is notified at least thirty (30) days before the change takes effect. The new price does not apply to the current paid period but from the following renewal cycle.

5. Manifest pricing error: where there is a clear and obvious error in the price or in the description of a package, whether a typographical error or the result of a technical fault, the Establishment may cancel the subscription connected with it even if it has been confirmed or its value collected, refunding the full amount paid within a reasonable period, with no obligation to perform and no further compensation.

6. The subscriber bears any fees, transfer commissions or exchange differences imposed by their bank or payment service provider, and the fee is treated as paid when the net amount reaches the Establishment's account.

Article (11): Invoicing and automatic renewal

1. The subscription fee falls due in advance for the whole period at the start of each cycle, and is not calculated on the basis of actual usage.

2. Automatic renewal: the subscription renews automatically for a like period on expiry, unless the subscriber notifies the Establishment of their wish not to renew at least seven (7) days before the expiry date, through the dashboard or the official channels.

3. Where the subscriber chooses to pay by card or electronic wallet, they authorise the Establishment to collect the renewal fee automatically from the registered payment method on the due date, and undertake to keep it valid and up to date.

4. If automatic collection fails, the Establishment may retry within a reasonable period, and apply the provisions of Article (14) if the failure continues.

5. Invoices are issued electronically and sent to the subscriber's registered email in a manner consistent with the requirements of the national invoicing system adopted in the Kingdom, and sending them to the registered email constitutes valid delivery. The subscriber undertakes to review the invoice and to object to it in writing within fourteen (14) days of the date it was sent, failing which it is treated as accepted.

Article (12): Means of paying the subscription fee

1. The accepted means of paying the subscription fee are: [ payment and credit cards / electronic wallets / bank transfer ]. The Establishment may add or discontinue any means at any time.

2. Payments are processed through licensed and regulated third-party payment gateways, and the Establishment does not store full card data on its systems. The Establishment bears no responsibility for any fault, delay, error or security breach occurring at the level of the payment gateway, the issuing bank or the payments network.

3. The subscriber acknowledges that the payment method used belongs to them or that they are duly authorised to use it, and bears alone full civil and criminal liability for any unlawful use.

4. The fee is treated as paid only when actually collected into the Establishment's account or when collection is confirmed by the payment service provider.

5. If the subscriber raises a dispute over a payment (Chargeback) without right, the Establishment may suspend their account and services immediately and claim from them the full fee together with the charges, expenses and legal fees incurred.

Article (13): Upgrading, downgrading and changing package

1. The subscriber may upgrade their package at any time. The difference is calculated pro rata for the remaining part of the current cycle and falls due immediately.

2. The subscriber may downgrade their package. The downgrade takes effect from the following renewal cycle only, and no difference is refunded for the current period.

3. The subscriber alone is responsible for verifying — before downgrading — that their data and content fall within the limits of the lower package. The Establishment is not answerable for the loss or disabling of any feature, content or data that exceeds the limits of the new package.

Article (14): Late payment and suspension

1. Where the subscription fee is not paid on its due date, the Establishment grants the subscriber a grace period of seven (7) days to settle the amount owed, with notice by registered email or through the dashboard.

2. Where the grace period expires without payment, the Establishment may suspend the account, stop access to the dashboard and take the subscriber's store offline, without being answerable for any damage, interruption, loss of profit or lost sales resulting from that.

3. Amounts overdue bear late payment interest at nine per cent (9%) per annum, or at the maximum rate the law permits, whichever is lower, without prejudice to the Establishment's right to terminate the contract and to claim compensation, legal fees and actual expenses.

4. If the suspension continues for thirty (30) days without settlement, the Establishment may terminate the subscription and delete the subscriber's data in accordance with Article (34), and the subscriber remains liable for all amounts owed up to the date of termination.

5. The Establishment is not answerable to shoppers or to any third party for any consequence of the subscriber's store being suspended or taken offline because of their late payment.

Article (15): Cancellation and the refund policy

1. The subscriber may cancel their subscription at any time through the dashboard or the official channels. Cancellation takes effect at the end of the current paid period, and the subscriber keeps the right of use until that date.

2. The subscription fee is non-refundable in whole or in part for the current period or for any unused period, because the fee is paid for making the service available and reserving technical resources, not for actual usage.

3. By way of exception to the above, within the first fourteen (14) days from the date of their first paid subscription on the platform the subscriber may request cancellation and a refund of the fee paid for that cycle, provided they have not consumed substantial technical resources, have not actually launched their store, and have not benefited from setup or bespoke development services. This exception does not apply to subsequent renewal cycles.

4. The following are in no case refunded: domain registration or renewal fees; licences for templates, add-ons or third-party services; fees for setup, development or bespoke design work carried out in whole or in part; and advance payments stipulated in work orders.

5. The subscriber's not using the platform, or not using part of its features, is not a ground for cancellation, for a refund, or for a reduction of the fee.

6. Refundable amounts are returned by the same original payment method within five (5) working days of the date the request is approved. Banks or payment service providers may need additional time for the amount to appear, and the Establishment is not answerable for that delay.

7. On cancellation or termination for any reason, the provisions of Article (34) apply as to the effect of termination and the recovery of data.

Article (16): The subscriber's obligations

Throughout the subscription, and after it ends as regards its consequences, the subscriber undertakes as follows:

• To use the platform for lawful purposes only and in accordance with the laws in force in the Hashemite Kingdom of Jordan and in any country whose customers they target.
• To obtain all licences, approvals and registrations required by the nature of their activity and products, and to keep them valid.
• To display their full commercial identity clearly on their store, including their trade name, register number and means of contacting them, consistent with the requirements of consumer protection law.
• To publish their own terms and conditions, privacy policy, return and exchange policy and shipping policy on their store, governing their relationship with their shoppers, entirely separate from these terms.
• That everything they publish by way of products, descriptions, images, prices and specifications is correct, accurate and current, and does not contravene the law or mislead the consumer.
• To perform their obligations towards their shoppers in full, including delivery, warranty, after-sales services, exchange, returns and handling complaints.
• To issue tax invoices for their sales, file their returns, and pay the taxes and charges due from them.
• To keep independent, regular backups of their data and content outside the platform.
• Not to use the platform in a way that harms its stability or security or the rights of other subscribers.
• To notify the Establishment in writing and immediately of any claim, action or regulatory procedure relating to their activity that may affect the platform.

Article (17): The relationship between the subscriber and their shoppers, and the absence of the Establishment's liability

1. The contract of sale or of provision of a service is concluded directly and exclusively between the subscriber and the shopper. The subscriber is the supplier, the seller and the party legally responsible within the meaning of the Consumer Protection Law No. (7) of 2017 and the instructions issued under it.

2. The subscriber bears alone, and with no liability whatsoever on the Establishment, full responsibility for:

• The legality and safety of the products and services and their conformity with approved specifications and standards.
• The accuracy of descriptions, images, prices, offers and marketing claims.
• Delivery and shipping and their timing, and the risk of loss and the passing of risk.
• Warranty, after-sales services, maintenance, exchange, returns and refunds of price.
• Handling shoppers' complaints and disputes and responding to the regulatory authorities about them.
• Tax, customs and invoicing obligations.
• Protecting shoppers' personal data in their capacity as its controller.

3. The Establishment does not receive shoppers' complaints, does not examine them, and does not mediate in settling them. Any complaint reaching it is referred to the subscriber to deal with on their own responsibility, and that referral is neither an intervention nor an acceptance of any liability.

4. The subscriber acknowledges that they will make clear to their shoppers — through the terms published on their store — that they are the seller and the only responsible party, and that the platform is not a party to the dealing. They undertake not to give shoppers any contrary impression, nor to suggest that the Establishment is a guarantor or is liable.

5. If any claim, action or regulatory complaint is brought against the Establishment because of the subscriber's activity, products or dealings with their shoppers, the subscriber must intervene and defend it at their own expense, and indemnify the Establishment for everything it incurs in accordance with Article (32).

Article (18): Payments inside the subscriber's store

1. The subscriber contracts for themselves with the payment gateway or payment service provider of their choice. The accounts are opened in their name and for their account and on that provider's terms, and an independent contractual relationship arises between them to which the Establishment is not a party.

2. Sales proceeds pass directly from the shopper to the subscriber's account with the payment provider. The Establishment does not hold those funds, does not retain them, does not collect them, does not transfer them and exercises no disposition over them.

3. The Establishment takes no commission on the subscriber's sales. What it charges is confined to the subscription fee provided for in these terms, unless otherwise agreed in writing and within the necessary legal and licensing frameworks.

4. The Establishment is not answerable for any fault, delay, refusal, hold, reversal or dispute (Chargeback) occurring at the level of the payment gateway, the bank or the payments network, nor for any fees or commissions the payment provider imposes on the subscriber.

5. The subscriber alone bears responsibility for complying with the payment provider's requirements, the card network rules, the card data security standards (PCI DSS) and the anti-money-laundering and counter-terrorist-financing instructions in force.

6. The Establishment provides no service requiring a licence from any central bank or regulatory authority, and no provision of these terms may be construed as its carrying on the business of payment, money transfer or collection on behalf of others.

Article (19): The subscriber's content and data

1. The subscriber remains the owner of the content and data they upload to the platform, and the Establishment claims no ownership of it.

2. The subscriber grants the Establishment a non-exclusive, royalty-free licence, limited to the duration of the subscription, to host, copy, store, process, display and transmit their content, solely to the extent necessary to operate, provide, secure and back up the service.

3. The subscriber acknowledges that they are the lawful owner of their content or licensed to use it, that it infringes no third party's rights, and that they bear alone full legal responsibility for it.

4. The Establishment is not obliged to monitor content in advance. Even so, it may — without prior notice and upon becoming aware — remove or disable access to any content that contravenes the law, public order or morals, infringes the rights of others, or harms the platform's security.

5. Reporting an infringement: anyone who considers that content published through the platform infringes their rights should notify the Establishment in writing at the intellectual property email, stating the content, its location and the basis of the right. The Establishment undertakes to examine the notice and take appropriate action within a reasonable period.

6. The Establishment may refer to the subscriber's name and logo and display screenshots of their store within its portfolio and marketing materials, unless the subscriber objects in writing.

Article (20): Activities and products prohibited on the platform

The subscriber is prohibited from using the platform to display, sell or promote any of the following, and the Establishment may stop the account immediately and without notice upon breach:

• Products or services prohibited or restricted by law, or requiring a licence the subscriber does not hold.
• Alcoholic drinks and religiously or legally forbidden products, as detailed in Article (21).
• Narcotics, controlled substances, medicines and medical preparations without a licence.
• Weapons, ammunition and explosive or hazardous materials.
• Counterfeit or forged products, or products infringing intellectual property rights.
• Pornographic content, content offending public morals, or content exploiting children.
• Content inciting hatred, violence, discrimination or terrorism.
• Gambling, betting and lottery services, and pyramid schemes and unlawful network marketing.
• Virtual assets, cryptocurrencies, and unlicensed exchange and financing services.
• Selling personal data or databases of individuals without a legal basis.
• Any activity aimed at fraud, money laundering or financing prohibited activities.

Article (21): Prohibition of alcoholic drinks and of religiously or legally forbidden products

1. Absolute prohibition: the subscriber is absolutely prohibited from using the platform or any of its tools or modules — including the restaurant and café module — to display, market, price, sell, take orders for, deliver or promote any alcoholic or spirituous drinks of any kind, name or strength, whether manufactured or home-made, and whether offered on their own or as part of a meal, package, promotional offer, basket or gift.

2. The prohibition extends to the following:

• Beer of all kinds, cocktails and mixed drinks containing alcohol, and any food product or confectionery containing added alcohol.
• Materials, yeasts, equipment, tools and supplies intended or marketed for manufacturing or distilling alcohol.
• Pork, its derivatives and fats, and any product containing them.
• Tobacco and its products, molasses tobacco, shisha (hookah), electronic cigarettes and the like, unless the subscriber holds a valid licence permitting this and complies with all the legal restrictions imposed on selling and advertising them and on the prohibition of selling them to persons under the legal age.
• Every product or service forbidden by religious law or prohibited by law or contrary to public order and public morals in your country of residence or in the Hashemite Kingdom of Jordan.
• Expired products, products of unknown origin, smuggled products, or products not conforming to the specifications and standards approved in your country.

3. The prohibition is independent of any licence: this prohibition applies regardless of whether the subscriber holds a legal licence to sell or serve alcoholic drinks or other restricted materials, as it represents an independent contractual policy adopted by the Establishment having regard to the nature and identity of its service. The subscriber may not invoke any licence or permit to escape its provisions.

4. Prohibition of circumvention: circumventing the provisions of this article by any means whatsoever is prohibited, including: using misleading names, descriptions, symbols or images; listing the prohibited item under an alternative name or within another item; displaying it on the platform and completing its sale outside the platform; referring the shopper to another channel, number or application to complete the purchase; or making it available through an external link, file or attached menu.

5. Consequences of breach: where a breach is established or there are serious indications of one, the Establishment may — unilaterally, at its sole discretion, without prior notice and with no liability whatsoever — take any or all of the following steps: remove the offending items or content; disable the feature connected with it; suspend the account; terminate the subscription immediately in accordance with Article (34) without refunding any part of the fee paid; or report the matter to the competent authorities if the act constitutes a punishable contravention or offence.

6. Indemnity: the subscriber undertakes — in accordance with Article (32) — to indemnify the Establishment for every damage, fine, claim, complaint, regulatory procedure, expense or legal fee it incurs because of their breach of the provisions of this article.

7. Specific acknowledgement: the subscriber acknowledges that they have read this article specifically, understood its content and accepted it, and that it was among the material considerations on the basis of which the Establishment agreed to contract.

Article (22): Prohibited technical uses

The subscriber is prohibited from doing any of the following, in respect of which the provisions of the Cybercrime Law and the penal laws in force apply, without prejudice to the Establishment's right to claim compensation:

• Hacking the platform or attempting unauthorised access to its systems or servers or to other subscribers' accounts or data.
• Reverse engineering, decompiling, disassembling or attempting to extract the source code of the platform or any of its components.
• Using automated programs, bots or scripts to flood the system, affect its performance, or consume its resources in an unusual manner.
• Extracting the platform's data automatically (Scraping / Crawling), aggregating its content, or using it to train automated models without written permission.
• Uploading or publishing malware or viruses, or using the platform for phishing or impersonation.
• Sending bulk unsolicited or marketing messages without the prior consent of their recipients.
• Manipulating discount codes or trial periods, or creating multiple accounts to benefit from them.
• Reselling access to the platform, sub-licensing it, or making it available to others as a service without the Establishment's written authorisation.

Article (23): Domains, hosting and third-party services

1. Domain registration and renewal take place with independent registrars and on their terms and policies. The burden of tracking renewal dates and paying their fees falls on the subscriber alone, and the Establishment is not answerable for the loss or suspension of any domain through failure to renew or breach of the registrar's policies.

2. Where the subscriber chooses to connect the platform to any third-party service — a payment gateway, a shipping company, an analytics tool, a messaging tool, an accounting integration — they contract with it directly and on its terms, and the Establishment's responsibility is confined to making the technical connection point available.

3. The Establishment does not warrant the continuity, availability, performance or security of third-party services, and is not answerable for any fault, interruption, change, discontinuation or breach occurring at their level, nor for any damage arising from that.

4. The Establishment may change the infrastructure providers, cloud services or technical tools used to operate the platform at any time, without that constituting a breach, provided a comparable level of service is maintained.

Article (24): Technical support and service availability

1. The Establishment provides technical support through the published channels during official working days and hours: Sunday to Thursday, from nine o'clock (9:00) in the morning until five o'clock (5:00) in the afternoon, Amman time, excluding Fridays and Saturdays and official holidays in the Kingdom.

2. Response and handling times are counted during those working hours only, and any period falling outside them begins from the first following working hour.

3. Technical support is confined to matters relating to the performance of the platform itself. It does not include: data entry, content design, marketing, business advice, support for the subscriber's shoppers, or resolving faults in third-party services.

4. The Establishment endeavours to maintain reasonable availability of the platform, but does not warrant continuous, uninterrupted operation. The following are not counted within periods of unavailability: scheduled maintenance notified in advance, cases of force majeure, and faults attributable to third-party services, to the subscriber's own network, or to their misuse.

5. Where a particular package specifies a defined service level (SLA), the sole and exclusive remedy for failing to meet it is a service credit added to the subscription period as published by the Establishment, with no monetary compensation.

Article (25): Updates, maintenance and modification of the platform

1. The Establishment reserves the right, at any time and with or without notice, to modify, update or develop the platform or any feature, interface or component of it, for maintenance, development, security or legal compliance purposes.

2. Substantial maintenance work is carried out — wherever possible — outside peak hours, with reasonable prior notice through the dashboard or the registered email.

3. The Establishment may discontinue or withdraw any feature, provided it notifies the subscriber thirty (30) days in advance where the discontinuation affects a material feature of their package.

4. The subscriber agrees that the Establishment will not be liable to them or to any third party for any modification, update or maintenance as set out above, nor for any consequences arising from it.

Article (26): The platform's intellectual property and the licence granted

1. All components of the platform — marks, logos, trade names, designs, interfaces, texts, images, graphics, program code, databases, templates, tools, arrangement and layout — are the exclusive property of the Establishment or licensed to it, and are protected under the Copyright Protection Law No. (22) of 1992 and its amendments, the Trademarks Law and the international conventions.

2. The trade name "Madar Al-Ibtikar for Software" and the mark "Shofni", and any logo or mark associated with them, are owned by the Establishment. Using them, or using anything confusingly similar to them, without prior written permission is prohibited.

3. The subscriber is granted a personal, limited, non-exclusive, non-assignable, non-sub-licensable and revocable licence to use the platform for the purpose of running their own store only, and solely for the duration of the subscription in force.

4. The licence in no case includes the right to access the platform's source code, to modify or copy it, to create derivative works from it, or to remove proprietary notices from it.

5. The tools, components, libraries, general code, templates, frameworks and software solutions that pre-exist or are developed internally, together with the methodologies and technical know-how, remain the absolute property of the Establishment, which may use them in other projects without restriction.

6. Feedback: any suggestion, observation or development idea the subscriber provides is treated as non-confidential, and the Establishment may use it, develop it and incorporate it into the platform without any consideration or obligation.

Article (27): Bespoke development and design services (optional)

1. Where the subscriber requests bespoke development, design or integration services outside the scope of the subscription, these are governed by a separate work order, signed or accepted electronically, specifying the scope of work, the deliverables, the duration, the fee, the payment schedule and the number of revision rounds.

2. Unless otherwise stated, an advance payment of not less than fifty per cent (50%) of the value of the work falls due before work begins, and is treated as non-refundable, being consideration for reserving execution capacity and commencing work.

3. Final deliverables are not handed over and no rights of use in them pass until the full fee due has been paid.

4. Rights to use the deliverables made specifically for the subscriber pass to them within the limits of the agreed purpose alone. This does not include delivery of the source code or open working files unless agreed in writing and for separate, published consideration.

5. Subjective dissatisfaction with the design, the colours or the style is not a defect giving rise to rejection or to a refund of the fee; comments are addressed within the agreed revision rounds.

6. Where the subscriber terminates the work from their side without fault on the Establishment's part, the Establishment is entitled to the full fee for the work completed together with the expenses and the commitments it has entered into with third parties, and nothing paid in respect of them is refunded.

Article (28): Protection of personal data

1. The Establishment processes personal data in accordance with the provisions of the Personal Data Protection Law No. (24) of 2023 and the regulations and instructions issued under it, and in accordance with the Privacy Policy published on the platform, which forms an integral part of these terms.

2. Determining the capacities: the Establishment is the "controller" of the personal data belonging to the subscriber themselves, such as their account, billing and platform usage data. As for the personal data belonging to the subscriber's shoppers or their store's visitors, the subscriber is its "controller" and the Establishment acts as its "processor" on their account, within the limits of their written instructions and to the extent necessary to provide the service.

3. The subscriber acknowledges and undertakes that they have obtained the legal bases necessary to collect their shoppers' data, to process it and to transfer it to the platform, and that they have notified them of this as the law requires. They undertake to indemnify the Establishment against any claim arising from their breach of this undertaking.

4. The subscriber enjoys the rights granted to them by law, including: the right to be informed of and to access their data, to request its correction or updating, to object to its processing, to withdraw their consent, and to request its deletion within the limits the law permits. These rights are exercised by writing to the published data protection email. Requests from the subscriber's shoppers are directed to the subscriber as controller.

5. The Establishment may engage third-party processors — hosting and cloud service providers, payment gateways, analytics and messaging tools — to the extent necessary to deliver the service and under arrangements that secure the protection of the data.

6. Personal data may not be transferred outside the Kingdom except under the conditions the law permits, and the subscriber consents to such a transfer within those limits where the service requires it, such as the use of servers or cloud services outside the Kingdom.

7. The Establishment takes reasonable and appropriate technical and organisational measures to protect data, and undertakes to notify the competent authority and the data subjects — as the law requires — in the event of a personal data breach likely to cause them harm.

8. The subscriber undertakes to notify the Establishment within a period not exceeding twenty-four (24) hours of becoming aware of any breach occurring within their area of responsibility that affects data processed through the platform.

Article (29): Confidentiality

1. Each party undertakes to keep confidential the information it learns by virtue of the contract, not to disclose it and not to use it for any purpose other than performing the contract. These obligations remain in force for three (3) years after the contractual relationship ends.

2. Confidentiality does not cover information available to the public without breach, information the receiving party held before disclosure, or information the law or a judicial or regulatory authority requires to be disclosed, provided the other party is notified wherever legally possible.

Article (30): Warranties and disclaimer

1. The platform and its services are provided "as is" and "as available". The Establishment gives no express or implied warranty that they will be free of errors, interruptions or viruses, that they will operate continuously and without stoppage, or that they will be compatible with every device, browser, operating system or future version.

2. The Establishment does not warrant the achievement of any commercial or marketing result, any particular search engine ranking, or any volume of sales, visits or profits resulting from use of the platform, as these outcomes depend on factors beyond its control.

3. Save for warranties mandatorily imposed by the applicable laws, the Establishment disclaims any implied warranty of the platform's fitness for a particular purpose of the subscriber that was not disclosed in writing at the time of contracting and agreed to by the Establishment.

4. Any guidance, descriptive content, comparisons, or technical or marketing advice the Establishment publishes is for general purposes only. It does not constitute a warranty of any particular result, and is not accredited legal, financial, tax or security advice; the subscriber alone bears the decisions they base on it.

Article (31): Limitation of liability

1. The Establishment is in no case liable for indirect, consequential, incidental or punitive damages, including — by way of example and not limitation — loss of earnings, loss of profits, opportunities or anticipated savings, loss of data or the cost of recovering it, business interruption, or damage to reputation, however arising and whether or not the Establishment was aware of the possibility of their occurrence.

2. The Establishment's maximum aggregate liability to the subscriber for any claim or set of related claims, whatever its legal basis — contractual, tortious or otherwise — is limited to the value of the subscription fee actually paid during the three (3) months immediately preceding the event giving rise to the claim.

3. The Establishment is in particular not answerable for:

• Any claim or damage arising from the relationship between the subscriber and their shoppers, or from their products or services or the descriptions or prices of them.
• Any claim brought by a shopper or a third party because of the subscriber's activity.
• Any fine, penalty or regulatory measure imposed on the subscriber because of their breach of the law, of consumer protection instructions or of tax legislation.
• Interruption or malfunction of internet, telecommunications, electricity, hosting, payment gateway or third-party services.
• Damage resulting from systems being hacked by a third party despite reasonable and appropriate technical and organisational measures having been taken.
• Loss of or damage to data resulting from the subscriber's own act, or from their failure to keep independent backups in accordance with Article (16).
• The content, practices or policies of any third-party site, application or service reachable through links or integrations, as these are provided for convenience only.
• Any governmental or regulatory decision that prohibits or restricts the provision or circulation of a particular product or service.

4. Any claim against the Establishment lapses unless submitted in writing within ninety (90) days of the date the subscriber became aware of the event giving rise to it, to the extent the law permits.

5. Express exception: the limits in this article do not apply to liability arising from fraud, deceit or gross negligence, or from death or physical injury, nor to any right granted by a mandatory provision of the Jordanian laws in force that may not be contracted out of. The remaining provisions of this article continue in force to the fullest extent the law permits.

Article (32): The subscriber's obligation to indemnify the Establishment

The subscriber undertakes to indemnify and hold harmless the Establishment, its owner, representatives, employees and contractors from any claims, actions, regulatory complaints, losses, damages, fines, expenses or legal fees arising from or relating to the following:

• Their breach of these terms, of a work order, or of any of the laws and instructions in force.
• Their commercial activity, their products or services, or their dealings with their shoppers, including any claim relating to a defect, non-conformity, late delivery or refusal of a return.
• Any content, data or materials they upload to the platform, and any infringement they commit of others' intellectual or personal rights.
• Any third-party claim relating to personal data the subscriber processed or supplied to the Establishment without a legal basis.
• Their provision of incorrect information or their use of a payment method they are not authorised to use.
• Their giving any third party the impression that the Establishment is a seller, a guarantor, or responsible for their dealings.

Article (33): Force majeure

The Establishment is not treated as being in breach of its obligations and is not answerable for any delay or non-performance attributable to causes beyond its reasonable control, including: natural disasters; epidemics and public health lockdown decisions; wars and civil unrest; labour strikes; governmental decisions and instructions and import and export restrictions; interruption of telecommunications, electricity or internet networks; the failure or discontinuation of hosting providers' or cloud platforms' services; and large-scale cyber attacks. The affected obligations are suspended for as long as the cause persists; if it continues for more than sixty (60) days, either party may terminate the contract by written notice, with the fee for the period performed settled and whatever was paid for the period not performed refunded, with no further compensation.

Article (34): Suspension, termination and its effect

1. The Establishment may suspend or terminate the subscriber's access to the platform, or cancel their account, immediately and without warning if they breach these terms or the applicable laws, carry on a prohibited activity under Articles (20) and (21), or are late in payment, without prejudice to its right to claim compensation.

2. Either party may terminate the contractual relationship without cause on thirty (30) days' prior written notice, with termination taking effect from the end of the current paid period.

3. Effect of termination: the subscriber's right to use the platform ceases immediately and their store is taken offline. It falls to them alone to notify their shoppers and settle their outstanding obligations towards them, and the Establishment bears no responsibility in this regard.

4. Recovering data: the Establishment allows the subscriber thirty (30) days from the date of termination to export their data and content in the formats the platform supports, unless the termination was because of unlawful activity or pursuant to an order of a competent authority. Once that period has passed, the Establishment may delete the data permanently with no liability whatsoever.

5. Termination does not prejudice obligations existing and due before its date, and no part of the subscription fee paid is refunded to the subscriber where the termination was because of their breach.

6. The articles relating to disclaimer of capacity, limitation of liability, indemnity, intellectual property, confidentiality, data protection, evidence, governing law and jurisdiction remain in force and continue to produce their effects after termination.

Article (35): Amendment of the terms

1. The Establishment reserves the right to amend or update these terms at any time, and the amended version takes effect from the date it is published on the platform.

2. Where a material amendment is made that affects the subscriber's rights or financial obligations, the Establishment notifies them at least thirty (30) days before it takes effect, by registered email or through the dashboard, and they may then decline to renew their subscription at the end of its current period.

3. The subscriber's continued use of the platform, or their renewal of their subscription, after the amendment takes effect is treated as their acceptance of it, and the burden of reviewing the terms periodically falls on them.

Article (36): Notices, evidence and electronic records

1. Correspondence sent to the subscriber's registered email address or telephone number, or published on the dashboard, constitutes valid legal notice producing its effects, and the subscriber undertakes to keep their details up to date and to monitor them.

2. The parties agree that the Establishment's electronic records and entries — subscription and billing records, login and usage records, electronic messages, technical support records, and call recordings where these exist — constitute valid and admissible evidence and are binding on the subscriber in accordance with the provisions of the Electronic Transactions Law.

3. The Establishment retains these records for the periods required by the applicable laws or the periods necessary for the purposes for which they were collected, whichever is longer.

Article (37): Complaints, governing law and jurisdiction

1. The parties undertake to seek to settle any difference amicably within thirty (30) days of the date of written notice of the difference.

2. These terms are governed by, and construed in accordance with, the laws of the Hashemite Kingdom of Jordan. This does not prejudice any stronger right or protection granted to you by a mandatory provision of the law of your country of residence, and those rights remain available to you.

3. The regular courts of Amman have exclusive jurisdiction over any dispute arising from or relating to these terms, without prejudice to any right granted by a mandatory provision to apply to the legally competent court in your country of residence.

4. Any complaint relating to a product or service a shopper purchased from a subscriber's store is directed to that subscriber as the seller, or to the Consumer Protection Directorate at the Ministry of Industry, Trade and Supply, and the Establishment is not a party to it.

Article (38): General provisions

1. Severability: if any provision of these terms is held void or unenforceable, the remaining provisions remain valid and in force, and the void provision is replaced by a valid one achieving the closest possible economic and legal effect to the original.

2. No waiver: the Establishment's forbearance in claiming any right, or its delay in exercising it, is not a waiver of that right or of any other, and does not prevent it from claiming the right later.

3. No assignment: the subscriber may not assign this contract or any right or obligation arising from it to a third party without the Establishment's prior written consent. The Establishment may assign it in the event of restructuring, merger or transfer of the business.

4. Entire agreement: these terms, together with the Privacy Policy, the Acceptable Use Policy, the package descriptions and any work order or published special terms, constitute the entire agreement between the parties, and supersede any prior understandings, promises or correspondence, whether oral or written.

5. Independence of the parties: these terms create no relationship of agency, partnership, joint venture or employment between the parties.

6. No third-party rights: no third party — including the subscriber's shoppers — acquires any right under these terms and may not rely on them.

7. Headings: the headings of the articles are for organisation only and do not affect the construction of their provisions.

8. Language: these terms were drawn up in Arabic. Where a translation into any other language exists, the Arabic text alone prevails in the event of a difference of interpretation.