|Corporate Client||Means an entity that has contracted with Athir to acquire the System for its organization and staff.|
|Corporate User||Means an individual, except for an Individual User, who accesses or uses the System and/or Services through a User Account created and designated to a specific Corporate Client.|
|Force Majeure||Means any circumstances or causes beyond the reasonable control of either party and resulting in the delay or non-performance of that party’s obligations under these Terms, including without limitation to fire, explosion, strike, lockout, casualty or accident, epidemic, cyclone, flood, drought, or any act of God, war, revolution, civil commotion, acts of public enemies, blockade or embargo and any other causes that cannot be overcome or prevented by due diligence or acts whatsoever, similar to those above enumerated, beyond the reasonable control of a party thereto.|
|Health Care Entity||Means a Corporate Client working in the health care industry in Saudi Arabia such as, but not limited to, hospitals, clinics, laboratories, pharmacies, or radiology centers.|
|Individual User||Means an individual, except for a Corporate User, who accesses or uses the System and/or Services through a User Account.|
|Integration||Means all Athir authorized integration between the System and third-party apps or services.|
|Intellectual Property||Means source codes, object codes, user interface designs and functionalities, digital libraries, patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, domain names, trademarks, trade names, service marks, get-up and trade dress, goodwill, design rights, semi-conductor topography rights, database rights, trade secrets and all other intellectual property rights protectable in any part of the world whether registered or unregistered.|
|Athir App||Means the smart phone and tablet application through which a User can access and log into the System or part thereof and/or acquire the Services.|
|Athir Offering||Means Athir App, Athir Website, System and Services collectively.|
|Athir Website||Means the main web page and related web pages through which a User can access and log into the System or part thereof and/or acquire the Services.|
|Athir, We, Us or Our||Means Athir IT Company, a Saudi Arabian limited liability company pursuant to commercial registration number (4030366732).|
|Athir’s Confidential Information||Means (i) all non-public information related to Athir or Athir’s affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (ii) all non-public information disclosed by Athir, Athir’s affiliates, business partners of Athir or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential; and (iii) third-party information that Athir is obligated to keep confidential.|
|Saudi Arabia||Means the Kingdom of Saudi Arabia|
|Services||Means the enterprise resources planning system and/or other services offered by Athir to the User from time to time, as per the SLA or any other binding agreement with Athir.|
|Service Provider||Means an entity that provides services to the User, that is governed by a service agreement.|
|SLA||Means the Service Level Agreement signed between Athir and a Corporate Client.|
|System||Means i) Athir Website and/or Athir App used by the User to log into their User Account and all other related pages (except third party websites); and ii) the entire offering of Services.|
|Unified Health File||Means the Unified Health File of each Individual User containing all medical data submitted by various Health Care Entities about the Individual User.|
|User Account||Means the unique access to the System provided to an Individual User and/or Corporate User through a username and a password or any other method required by Athir.|
|User, You, Your or Yourself||Means i) all Individual Users who access or use Athir Offering or any part thereof whether in browsing mode or as a registered user or (ii) Corporate Users who access or use the System and/or Services through a User Account created and designated to a specific Corporate Client, including subcontractors and/or any affiliated Users of the Corporate Client.|
Withstanding other provisions in this Terms and the SLA, Athir will make the System and Services accessible for the use of the User. The User may access and use the System and/or Services in accordance with this Terms, the SLA and the laws of Saudi Arabia.
The System contains features designed to connect with third party systems or applications either: (i) as a basic offering by Athir, which the User agrees that such basic integrations will be part of the System and/or Services; or (ii) as some customized integration upon the request of the User. While Athir will practice its best reasonable efforts to maintain the continued availability of such features, Athir cannot guarantee the continued availability of such features, and may cease providing them without entitling the User to any refund, credit, or other compensation, if for example and without limitation, the provider of the third party system or application ceases to make the third party system or application available for integration with the System or Services in a manner acceptable to Athir.
Athir shall maintain the System and/or Services through Technical Support and Upgrades as follows:Technical Support:
Athir shall receive the User’s Technical Support Tickets on 24 hours, 7 days a week basis. Athir shall also practice its best effort to respond to all Tickets in a timely and efficient manner. In all cases and unless otherwise specified in the SLA, Athir will apply the following reaction times with regards to the User’s Technical Support Tickets based on priority level:
|Priority 1 - Very High||Major full System/Services down; User cannot work around the issue. Systems/Services no longer available to any Users.|
|Priority 2- High||Major full or partial System/Services down; User can work around the issue. Impacts multilabel Users.|
|Priority 3 – Medium||Service unit issues: User can work around the issue. Users workflow interrupted. Issue impacts multilabel Users.|
|Priority 4 – Low||Service unit issues: User can work around the issue. User workflow interrupted. Issue impacts a single User.|
The User initially sets the priority level when creating the Ticket, however final assessment of the actual level of priority will be subject to Athir’s discretion.
For the purposes of maintaining optimized performance and continuous improvement of the System and /or Services Athir may, from time to time and based on its sole discretion, apply a System and/or Services Upgrades, that may affect the System and/or Services across all Users or to a specific User. Athir shall practice its best effort in notifying Users of all Upgrades as far in advance as is reasonably possible and to provide Users with all relevant documentation as soon as possible after notification. Athir will use all reasonable efforts to minimize Athir’s downtime and schedule maintenance outside of Athir’s normal peak operating hours.
Athir may sometimes release products and features that are still in the testing and evaluation phase and may not be as reliable as Athir’s other Services. Beta services are made available so that Athir can collect User feedback, and by using the Beta Services, the User agrees that Athir may contact the User to collect such feedback. Beta services are considered to be part of Athir’s Confidential Information subject to the confidentiality requirements under this Terms
When You book an appointment with a Service Provider, Athir provides and is responsible for the System – but not the Experience and Quality of Services provided by the Service Provider. When You book for an appointment, You agree to pay the cost of the Services, including any charges and taxes that may apply. For some Services, You may be required to make an upfront payment and/or a payment taken at the time of the Service delivery.
You shall hold Athir’s Confidential Information in the strictest confidence and shall not, without the prior written consent of Athir, use or disclose to any third party, directly or indirectly, any of Athir’s Confidential Information, except as follows with reasonable prior notice given to Athir to allow Athir the time to take the appropriate measures: (i) is generally known to the public through no improper action or inaction by You or any of Your affiliates, agents, consultants or employees; and/or (ii) the disclosure of Athir’s Confidential Information is required by applicable laws, regulation, court order or governmental authority.
Athir and its affiliates will not be liable to You for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if Athir has been advised of the possibility of such damages. Further, neither Athir nor any of its affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with the Your inability to use the services, including any termination or full or partial suspension of these Terms or the User’s Account, use of or access to Athir Offering or any part thereof or any unanticipated or unscheduled downtime of all or a portion of the Services for any reason including but not limited to: (a) the cost of procurement of substitute goods or services; (b) any investments, expenditures, or commitments by You in connection with these Terms or Your use of or access to the Services; and/or (c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your content or other data. In any case, Athir’s liability under these Terms will not exceed the amount actually paid by You to Athir under these Terms for the System and/or Services during the 12 months before the liability arose.
Athir reserves the right, if it determines it is best, to terminate, suspend and/or deactivate Your account immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services. We may also terminate, suspend or deactivate Your account for any other reason, including inactivity for an extended period. Athir shall not be liable to You or any third-party for any termination, suspension or deactivation of Your access to Athir Offering or any part thereof. Further, You agree not to attempt to use Athir Offering or any part thereof, in any manner, after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to Your inactivity, You may be permitted to create another user account). Athir shall not be liable for the delivery of any services and/or data loss if the User Account has been terminated. Unless Athir terminates this Agreement for breach, for a period of thirty (30) calendar days following the termination or expiration date Athir we will not take action to remove from the System any Client Content and we will allow the Client to retrieve the Client Content from the System only if the Client have paid all amounts due under this Agreement and/or the Athir Service Terms; and/or Corporate Clients are obligated to ensure the validity of the SLA signed with Athir; otherwise Athir reserves the right to, if it determines it is best, to terminate, suspend and/or deactivate User accounts immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services.
All communication and notices required by these Terms from Athir to You will be deemed to have been duly given when provided by Athir to You via email at the email address registered on Your User account. You understand that Athir will send communications that are needed to provide Athir Offering or any part thereof to You, such as a response to a password reset request, customer support requests and/or educational material, You cannot opt out of these communications. You acknowledge that it is Your sole responsibility to notify Athir of any change to Your email address and/or any other contact information as soon as they are changed. All email communications and notices sent to Athir should be directed to the following email address: email@example.com.
The System is administered in Saudi Arabia and is intended for the access and use of Users located in Saudi Arabia. Any use outside of Saudi Arabia is at the Users’ own risk. Users are responsible for compliance with any other local, state or federal laws when using the System outside of Saudi Arabia.
These Terms shall be governed by the laws and regulation of Saudi Arabia. In case where a dispute arises between You and Athir, it shall be resolved amicably within fifteen (15) days from the date of notice given by one of the parties to the other party, notifying them of the existence of such a dispute. If no such amicable resolution could be reached within the designated period, then the dispute shall be referred to the relevant courts in the city of Jeddah, Saudi Arabia.
These Terms and the Service Level Agreement constitute the entire binding agreement between Athir and the User regarding the subject matter of these Terms. They supersede all prior or contemporaneous representations, understandings, agreements, or communications between You and Athir, whether written or verbal, regarding the subject matter of these Terms.
If Athir fails, at any given time, to insist on strict performance of any of Your obligations or representations under these Terms, or if Athir fails to exercise any of the rights or remedies to which it is entitled under these Terms, such failure shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations; and a waiver by Athir of any default shall not constitute a waiver of any subsequent default.
You acknowledge that the relationship between You and Athir is solely a service provider relationship and that nothing in these Terms shall constitute that the relationship between You and Athir to be a partnership, agency, employment or representation relationship.
In the case of conflicting meanings between the Arabic and English text of these Terms, the text of the Arabic language shall prevail.
If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision, condition or clause will, to that extent, be severed from the remaining provisions, conditions and clauses which will continue to be valid to the fullest extent permitted by law.
You may not assign, transfer or sublicense the provisions of these Terms, Services or access to the System in whole or in part to any person or third-party without Athir’s prior written approval and any attempt to do so in violation of this section shall be null and void.
In case there was a direct conflict between the provisions of these Terms and the provisions of the SLA: With regards to Corporate Clients and/or Corporate Users the following documents shall have priority in the order they are mentioned and shall apply only to the limited extent of the direct conflict: (i) The provisions of the SLA shall have the first priority, and (ii) the provisions of Athir Service Terms shall have the Second priority. With regards to Individual Users and/or Users, except a Corporate User, these Terms shall be the first priority when resolving a conflict in documents. For the avoidance of doubt the SLA shall not replace or prevail over these Terms as a whole.
Athir reserves the right to modify these Terms at any time by posting a revised version on Athir App, Athir Website and/or System or by otherwise notifying You as per the communication provisions under these Terms.
Information and content You provide: We collect the content, communications and other information You provide when You use Athir Offering or any part thereof, including, but not limited to, signing up for a User Account, filling any forms, creating any content, messaging or communicating within the System. This can include information in or about the content You provide (metadata), such as Your location or the date a file was created.
As described below, We collect information from and about the Devices You use to browse or access Athir Offering or any part thereof. We might use such information collected about Your use of Athir Offering or any part thereof on Your Devices to better personalize the content or features of Athir Offering or any part thereof.
Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins. Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded. Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers. Data from device settings: information You allow us to receive through device settings You turn on, such as access to Your GPS location. Network and connections: information such as the name of Your mobile operator or ISP, language, time zone, mobile phone number or IP address. Cookie data: data from cookies stored on Your device, including cookie IDs and settings.
You acknowledge and agree that Athir provides a special set of features and services for Health Care Clients and/or Individual Users, including the main features of sharing information across Health Care Clients. You acknowledge that when You visit or use the services of a Health Care Client, the Health Care Client might collect information about You such as, but not limited to vitals, medical history, medications and basic personal information, and that such information will comprise Your Unified Health File which might be shared with You and/or other Health Care Clients. The Unified Health File will be viewable by You on Athir App and/or Athir Website. The Unified Health File will be viewable and editable, to a certain extent as may be allowed by Athir from time to time, by other Health Care Clients on the System. However, if You choose to set Your privacy settings to private on Athir App, then only Health Care Clients visited or used by You will be able to view and edit Your Unified Health File. You acknowledge that Athir shall not, in any way, be liable or responsible for the quality, efficiency, accuracy or any other aspect of any diagnoses, consultancy, medical or any other services provided by Health Care Clients to You or any System inputs arising thereof.
We also use the information We collect to provide support to Athir Offering or any part thereof, in the following ways:
We may use the collected information about Your Device’s location to provide You with personalized content and services only available to Your location.
We use the information We have to develop, test and improve Athir Offering or any part thereof, including for conducting surveys and research, and testing and troubleshooting new products and features.
We use the information We have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of Athir Offering or any part thereof. For example, We use data We have to investigate suspicious activity or violations of the Terms.
We use the information We have to send You marketing communications, communicate with You about Athir Offering, and let You know about Our policies and terms. We also use Your information to respond to You when You contact Us.
If the ownership or control of all or part of Athir Offering or any part thereof changes, We may transfer Your information and data to the new owner.
We work with third-party partners who help us provide and improve Athir Offering, such as, but not limited to, Google Analytics or Payment Gateways.
We may access, preserve and share Your information with regulators, law enforcement or others in response to a legal request (like a search warrant, court order or subpoena).
Information we receive about You can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from disabled accounts for terms violations for at least a year to prevent repeated abuse or other violations.