Terms & Conditions

1. Who We Are

Transcend Tech Est. ("Transcend", "we", "us", "our") is a software and AI engineering company registered in the Kingdom of Saudi Arabia, based in Jeddah. We build custom software, AI solutions, and digital platforms, and we develop our own products including Matjar, Jadwal, and Hudoor.

2. Definitions

• "Website" means transcend.com.sa and its subdomains.
• "Services" means custom software development, AI solutions, digital platform engineering, and related professional services we provide to clients.
• "Products" means software products developed and operated by Transcend, including Matjar, Jadwal, and Hudoor, together with any related applications and interfaces.
• "Agreement" means a signed proposal, statement of work, or contract between Transcend and a client for a specific engagement.
• "You" means the person or entity accessing the Website, using a Product, or receiving Services.

3. Acceptance and Eligibility

By accessing the Website or using our Services or Products, you confirm that you are at least 18 years old, or that you are acting on behalf of an entity you are authorized to bind, and that you have the legal capacity to accept these Terms. If you accept these Terms on behalf of a company or organization, "you" refers to that entity.

4. Services

Our Services include custom software development, AI solutions, and digital platform engineering. Client engagements are governed by a separate Agreement signed between Transcend and the client, which defines the scope, deliverables, timeline, fees, and any specific terms for that engagement.

If there is any conflict between these Terms and a signed Agreement, the signed Agreement prevails for that engagement.

5. Proposals, Fees, and Invoicing

Fees for Services are set out in the Agreement for each engagement. Unless the Agreement states otherwise:

• Proposals and quotations are valid for the period stated in them, and otherwise for 30 days from issue.
• Invoices are payable according to the schedule in the Agreement, and payment schedules are typically tied to project milestones.
• Value added tax and any other applicable taxes are added to invoices as required by the regulations of the Kingdom of Saudi Arabia.
• If an invoice remains unpaid past its due date, we may suspend work on the engagement after giving notice, and resume once payment is received.

6. Products and Early Access

Our Products, including Matjar, Jadwal, and Hudoor, are currently in alpha stage. This means they are under active development and are offered as early access software. During alpha:

• Features may be added, changed, suspended, or removed at any time without prior notice.
• Availability is not guaranteed, and interruptions, maintenance windows, or downtime may occur.
• Data created inside an alpha Product may be modified, migrated, or reset as the Product evolves. We will make reasonable efforts to give notice before any change that affects your data.
• Commercial terms for the Products have not been finalized. Any future paid offering will be presented with its own clear terms before you commit to it.
• Product-specific terms may apply when you create an account and, where they apply, they supplement these Terms.

We work hard to keep alpha Products stable and useful, but you use them with the understanding that they are pre-release software.

7. Accounts and Security

Where a Product or Service requires an account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at hello@transcend.com.sa if you suspect unauthorized access to your account. We may suspend an account that we reasonably believe is compromised while we investigate.

8. Acceptable Use

You agree not to:

• Use our Website, Services, or Products for any unlawful purpose or in violation of any applicable regulation of the Kingdom of Saudi Arabia.
• Attempt to gain unauthorized access to our systems, other users’ accounts, or data.
• Probe, scan, or test the vulnerability of our systems without our prior written authorization.
• Copy, modify, reverse engineer, decompile, or resell our software or Products without our written permission.
• Use automated tools to scrape, harvest, or extract data from our Website or Products beyond what we expressly allow.
• Upload or transmit malicious code, or interfere with or disrupt the operation of our Website or Products.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We may suspend or terminate access for violations of this section, in addition to any other remedies available to us.

9. Your Content and Data

You retain ownership of the content and data you create or upload in our Products, such as store data, schedules, records, or event information ("Your Content"). You grant us a limited license to host, process, back up, and display Your Content solely to operate, secure, and improve the Products.

You are responsible for Your Content, including having the rights and permissions needed to use it, and for ensuring it does not violate any law or the rights of any third party.

Our handling of personal data is described in our Privacy Policy.

10. Feedback

If you send us feedback, suggestions, or ideas about our Website, Services, or Products, you grant us the right to use them without restriction or compensation. This helps us improve, especially during alpha.

11. Intellectual Property

The Transcend Website, brand, product names, logos, designs, and software are the intellectual property of Transcend or its licensors, and are protected by the intellectual property regulations of the Kingdom of Saudi Arabia and international treaties. Nothing in these Terms grants you a right to use our branding or copy our software.

For client engagements, ownership of deliverables and any licensing arrangements are defined in the signed Agreement for that engagement. Unless the Agreement states otherwise, we retain ownership of our pre-existing tools, frameworks, and know-how used to produce deliverables.

12. Confidentiality

Each party agrees to protect the other party’s confidential information with at least the same care it uses for its own confidential information, and not to disclose it to third parties except as needed to perform an engagement, comply with the law, or with the other party’s written consent. This obligation survives the end of any engagement.

13. Third-Party Services and Links

Our Website and Products may reference or integrate third-party services, such as payment gateways, hosting providers, or logistics services, and may contain links to external websites. We are not responsible for the content, policies, or practices of third parties. Your use of third-party services is governed by their own terms.

14. Disclaimers

Our Website and our alpha Products are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we make no warranties, express or implied, regarding uninterrupted availability, error-free operation, or fitness for a particular purpose. Warranties for Services, where offered, are set out in the applicable Agreement.

15. Limitation of Liability

To the maximum extent permitted by the laws of the Kingdom of Saudi Arabia, Transcend shall not be liable for any indirect, incidental, special, or consequential damages, or for loss of profits, revenue, data, or goodwill, arising from your use of the Website or our alpha Products.

For paid Services, our total aggregate liability arising out of an engagement is limited to the amounts paid by you under the relevant Agreement, unless that Agreement states otherwise.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability arising from fraud or willful misconduct.

16. Indemnification

You agree to indemnify and hold Transcend harmless from claims, damages, and reasonable costs arising from Your Content, your violation of these Terms, or your violation of any law or the rights of a third party, except to the extent caused by our own breach or misconduct.

17. Suspension and Termination

You may stop using our Website and Products at any time. We may suspend or terminate your access to a Product if you materially breach these Terms, if required by law, or if we discontinue the Product. Where reasonably possible, we will give you advance notice and an opportunity to export Your Content before termination or discontinuation.

Sections that by their nature should survive termination, including intellectual property, confidentiality, limitation of liability, and governing law, survive termination.

18. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, war, civil unrest, government action, power or telecommunications failures, or widespread internet outages. The affected party shall resume performance as soon as reasonably possible.

19. Changes to These Terms

We may update these Terms from time to time. The latest version will always be published on this page with an updated date. For material changes affecting active Product accounts, we will make reasonable efforts to notify you in advance. Continued use of our Website, Services, or Products after changes take effect constitutes acceptance of the updated Terms.

20. Governing Law and Disputes

These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any dispute arising from these Terms or your use of our Website, Services, or Products shall be subject to the jurisdiction of the competent courts and authorities in the Kingdom of Saudi Arabia.

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute amicably through direct discussion.

21. Language

These Terms are published in Arabic and English. In case of any discrepancy between the two versions, the Arabic version prevails.

22. General

• If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.
• Our failure to enforce any right or provision is not a waiver of that right or provision.
• You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• These Terms, together with any applicable Agreement and product-specific terms, constitute the entire agreement between you and Transcend regarding their subject matter.

23. Contact Us

If you have any questions about these Terms, contact us at hello@transcend.com.sa.