Ghaymah Systems

Terms and Conditions

1. Acceptance of Terms

By accessing, registering for, or utilizing the comprehensive suite of cloud services provided by Ghaymah Systems, a Canadian Corporation ("Ghaymah Systems," "we," "us," or "our"), you ("User," "You," or "Your") unequivocally agree to be bound by these detailed Terms and Conditions ("Terms"). These Terms meticulously govern your access to, and use of, the Ghaymah Systems cloud platform, encompassing all services, features, and infrastructure offered on or through the platform. Should you disagree with any part of these Terms, you are strictly prohibited from accessing or using the Service in any capacity.

Furthermore, by engaging with the Service, you explicitly represent and warrant that you possess the full legal capacity and authority to enter into these Terms and to adhere to all the stipulated terms and conditions set forth herein. This includes ensuring that your use of the Service complies with all applicable local, provincial, federal, and international laws, rules, and regulations.

2. Changes to Terms

Ghaymah Systems retains the exclusive right, at our sole discretion, to modify, amend, or replace these Terms at any given time without prior notice. In the event that a revision constitutes a material change, we commit to providing a minimum of thirty (30) days' notice prior to the implementation of any new terms. This notification will be effectuated by updating the "Last Updated" date prominently displayed at the beginning of these Terms and, where appropriate, by offering additional notice through other suitable channels, including email.

Continued access to or use of our Service subsequent to the effective date of such revisions unequivocally signifies your acceptance and agreement to be bound by the updated Terms. Should you choose not to accept the new Terms, you must discontinue your use of the Service immediately, as you will no longer be authorized to utilize it.

It is incumbent upon you to regularly review these Terms to remain informed of any changes or updates. Your ongoing use of the Service following the posting of any modifications constitutes your explicit acceptance and acknowledgment of those changes.

3. Definitions

  • Services: Refers to the cloud computing services offered by Ghaymah Systems, including but not limited to container deployments, static website hosting, compute instances, database services, and storage solutions.
  • Infrastructure: The hardware, software, and network components that underpin the Services.
  • Content: Any data, text, files, information, applications, or other materials you upload, transmit, or otherwise make available through the Services.
  • User Submissions: All Content submitted, posted, transmitted, or otherwise made available by you through the Services.
  • Account: Your registered account with Ghaymah Systems allowing access to the Services.
  • Resources: The compute, storage, network, and other infrastructure allocated to your use of the Services.

4. Use of the Service

You hereby agree to utilize the Service in strict accordance with these Terms and all applicable laws, regulations, and standards at the local, provincial, federal, and international levels. Ghaymah Systems grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your personal or internal business purposes, all of which are subject to compliance with these Terms.

Conduct: You bear sole responsibility for all Content that you upload, submit, or display through the Service. You agree to adhere to all applicable laws and regulations in connection with your use of the Service. Any use of the Service for unlawful or prohibited activities is strictly forbidden. This specifically includes, but is not limited to, the following:

  • Infringing or violating the intellectual property rights or any other rights of anyone else (including Ghaymah Systems).
  • Violating any law or regulation.
  • Being dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
  • Jeopardizing the security of your Ghaymah Systems User ID, account, or anyone else's.
  • Attempting to obtain the authorization information, account, or other security information from any other user.
  • Violating the security of any computer network, or cracking any passwords or security encryption codes.
  • Running Maillist, Listserv, any form of auto-responder or "spam" on the Services.
  • "Crawling," "scraping," or "spidering" any page, data, or portion of or relating to the Services or Content.
  • Decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Services.

Restrictions – Prohibited Content & Activities: Beyond the above, you agree not to provide or contribute any Content that:

  • Contains sexually explicit content or pornography.
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group.
  • Exploits, abuses, or endangers minors.
  • Depicts unlawful acts or extreme violence.
  • Depicts animal cruelty or extreme violence towards animals.
  • Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures.
  • Promotes the use of alcohol or tobacco.
  • Violates general Islamic principles. (This includes, but is not limited to, content that promotes haram activities, excessive display of wealth, or unethical business practices.)
  • Is otherwise inconsistent with ethical and moral principles.

Usage Limits: Ghaymah Systems reserves the right to implement and adjust usage limitations, which may include restrictions on the number of deployments, allocated Resources, data transfer, and storage capacities. These limits are subject to change at our discretion. We maintain the authority to suspend or terminate your access to the Service should you exceed these limits or engage in activities that adversely affect the functionality or integrity of the Service.

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and are fully accountable for all activities that occur under your account. You agree to promptly notify Ghaymah Systems of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security.

5. Pricing, Payment & Billing

Do the Services cost anything?

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

Paid Services. Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please see our Pricing page [insert link to pricing page] for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR WHEN YOUR USAGE REACHES A THRESHOLD) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR ACCOUNT INFORMATION. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR Ghaymah Systems ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, Ghaymah Systems WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

6. Privacy Policy

Your privacy is of paramount importance to Ghaymah Systems. Our comprehensive Privacy Policy [Insert link to Privacy Policy] delineates how we collect, utilize, disclose, and safeguard your personal information when you engage with our Service. By using the Service, you provide explicit consent to the practices and procedures outlined in the Privacy Policy.

7. Limitation of Liability and Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Ghaymah Systems EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. General Terms

Governing Law: These Terms and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the Alternative Dispute Resolution Institute of Canada (ADRIC) in Toronto, Ontario, Canada. The arbitration shall take place in Toronto, Ontario, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ghaymah Systems's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms constitute the entire agreement between you and Ghaymah Systems regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Assignment: Ghaymah Systems may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. You may not assign, transfer, or delegate any of your rights or obligations under these Terms without Ghaymah Systems's prior written consent.

Contact Information: For any questions about these Terms, please contact us at team@ghaymah.systems.

9. Termination

You're free to stop using the Services at any time by cancelling the Services in your account settings or by deleting your Ghaymah Systems account at [insert link to account deletion page]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Ghaymah Systems is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Ghaymah Systems has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. To the extent any of your User Submissions are source code, Ghaymah Systems will delete such source code following account termination or as otherwise instructed by you.

If you have deleted your account by mistake, contact us immediately at team@ghaymah.systems – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.