1. About These Terms
These Terms of Service (the “Terms”) govern access to and use of Avyna Catalog (the “Service”), provided by AlgoCreed Co L.L.C-FZ (“AlgoCreed”, “we”, “us” or “our”), a company established in Meydan Free Zone, Dubai, United Arab Emirates. “Organization” means the entity that registers for the Service and on whose behalf an administrator completes onboarding.
2. Acceptance
These Terms take effect when an authorized administrator of the Organization accepts them during onboarding. By accepting, that administrator confirms they are authorized to bind the Organization to these Terms. If the Organization does not agree to these Terms, it must not use the Service.
3. The Subscription
Access to the Service is provided under a subscription plan the Organization selects at checkout. Plans are distinguished primarily by the number of users the Organization may onboard to the Service. AlgoCreed may introduce, modify or retire plans; an Organization whose needs exceed the largest published plan may arrange a custom offer directly with AlgoCreed's sales team.
The subscription is scoped to the Organization's own Microsoft tenant. The Organization is responsible for the accuracy of the information it provides and for the administrative decisions its authorized users make within the Service.
4. Billing and Renewal
For its subscription, the Organization chooses one of two billing options (each an “offer type”): the monthly offer, or the commit12 offer described in Section 5. Both offer types are billed monthly: fees are charged automatically to the Organization's payment method on each monthly billing date, for the plan and offer type then in effect.
Moving to a plan with a higher user limit (an “upgrade”) takes effect immediately, with the difference prorated for the remainder of the then-current billing period. Moving to a plan with a lower user limit (a “downgrade”) takes effect at the end of the then-current billing period, and is only available where the Organization's usage already fits within the lower plan's user limit.
The monthly offer has no minimum term. The Organization may cancel it at any time; cancellation takes effect at the end of the then-current billing period, and no refund is issued for the remaining days of that period.
AlgoCreed may change its fees for future billing periods. A fee change applies prospectively and is communicated in advance, in the same manner as other changes to these Terms described in Section 9.
5. The commit12 Commitment
The commit12 offer is a 12-month commitment, billed monthly. Choosing commit12 does not change how often the Organization is charged: it is still invoiced every month. It fixes the length of the commitment and, in exchange, is offered at a reduced monthly rate compared with the monthly offer. The Organization is never charged for the whole 12 months at once.
While a commit12 term is running, the Organization may not downgrade to a lower plan or move to the monthly offer until the exit window described below opens. Upgrades remain available at any time, as described in Section 4.
The exit window opens at the start of the term's final monthly billing period and stays open until the term ends. A downgrade or a move to the monthly offer requested during the exit window takes effect at the end of the term. AlgoCreed will notify the Organization when the exit window opens.
If the Organization does not request a change during the exit window, the commit12 term automatically renews for a further 12 months, billed monthly, under the same plan. AlgoCreed will notify the Organization before the term renews.
6. Acceptable Use
The Organization, and every user it authorizes, must not:
- use the Service unlawfully or to violate a third party's rights;
- attempt to access data, accounts or systems belonging to another organization;
- attempt to circumvent, probe or disable the Service's security or access controls;
- reverse engineer, decompile or attempt to extract the source code of the Service, except where applicable law permits it despite this restriction;
- resell, sublicense or make the Service available to a third party outside the Organization, except as the selected plan expressly allows; or
- use the access the Service is granted to the Organization's Microsoft tenant for a purpose other than operating the Service on the Organization's behalf.
The Organization is responsible for keeping its administrative accounts secure and for the acts of every user it authorizes to access the Service.
7. Liability
To the extent applicable law permits, the Service is provided “as is” and “as available”, without warranties of any kind beyond those this agreement expressly states.
To the extent applicable law permits, neither party's aggregate liability arising out of or relating to these Terms will exceed the fees the Organization paid for the Service in the 12 months preceding the event giving rise to the claim. Neither party will be liable for indirect, incidental, consequential or punitive damages, or for lost profits or lost data. This limitation does not apply to a party's payment obligations, to either party's breach of confidentiality, or to liability that cannot be limited under applicable law.
8. Governing Law and Forum
These Terms are governed by the laws of the United Arab Emirates, without regard to conflict-of-laws principles. The courts of Dubai, United Arab Emirates, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
9. Changes to These Terms
AlgoCreed may revise these Terms from time to time. AlgoCreed will give the Organization at least 30 days' notice before a revised version takes effect. Continued use of the Service after that notice period constitutes acceptance of the revised Terms. If the Organization does not agree to a revision, it must stop using the Service before the revised Terms take effect.