Terms of Service

These Terms of Service ("Terms") govern your access to and use of the EYalla platform (the "Service") operated by Perfect Design Marketing and Advertising Co., a company registered in the State of Kuwait under commercial registration number 483926 and hereby referred to by its brand name ("EYalla", "we", "us", "our"). By creating an account, subscribing to a plan, or otherwise using any part of the Service, you ("you", "your", the "Subscriber") agree to be bound by these Terms.

These Terms are issued in accordance with the laws of the State of Kuwait, including Law No. 20 of 2014 concerning Electronic Transactions and Law No. 39 of 2014 on Consumer Protection.

1. The Service

EYalla provides software-as-a-service technology that lets merchants in Kuwait and the wider GCC launch branded online storefronts, accept payments through licensed local gateways, manage inventory and orders, and use built-in marketing and AI tools.

The Service is delivered as a hosted subscription. We do not sell physical goods. We are not a party to the transactions that take place between you and your end customers — those transactions are between you (the merchant) and your customer directly. You remain solely responsible for the goods or services you sell, including their description, pricing, fulfilment, refunds, customer support, and legal compliance.

2. Eligibility and Account Registration

EYalla sells only to licensed business entities. We do not provision accounts for individuals operating without a valid commercial licence, and we do not provision accounts for the goods or services of a third party who is not the account holder.

To activate a paid account, you must submit the following documents at onboarding, and you must keep them current for as long as your account is active:

a. Business documents

• A valid commercial licence ("الرخصة التجارية") or commercial registration ("السجل التجاري") issued by the Ministry of Commerce and Industry of Kuwait, or the equivalent authority in your country of operation;
• The name of the person authorised to sign on behalf of the business ("المفوّض بالتوقيع");
• The official signature authorisation document ("اعتماد التوقيع") issued by the relevant chamber of commerce or licensing authority.

b. Identity documents

• A copy of the civil ID (front and back) of the authorised signatory. Where ownership or signing authority is shared between multiple individuals, civil IDs for each are required.

We may, at our discretion, request additional documents to verify identity, ownership structure, or licensing status, including but not limited to: tax registration, beneficial-ownership disclosures, or proof of address.

We reserve the right to refuse registration, suspend, or terminate any account where the documents above are not provided, are expired, appear forged or tampered with, or where the business activity declared at sign-up does not match the licensed scope. Verification is part of our compliance with Kuwait's commercial-licensing regime and anti-money-laundering obligations; refusing to provide the documents is a refusal of these Terms.

Your business activity declared to EYalla must fall within the licensed scope of your commercial licence. Selling goods or services outside that scope through your EYalla storefront is a breach of these Terms and may also constitute a breach of Kuwaiti commercial law.

In addition to the above, you must also confirm that you:

• Are at least 18 years of age and have the legal capacity to enter into a binding contract under Kuwaiti law;
• Provide accurate, current, and complete information during registration, and keep that information current at all times;
• Notify us within fourteen (14) days of any material change to your licensing status (suspension, lapse, change of legal form, change of authorised signatory, etc.).

3. Subscription Plans, Fees, and Payment

3.1 The Service is offered under tiered subscription plans (such as Starter, Pro, and Elite). The features, monthly resource allowances, and prices for each plan are published on our website and may be updated from time to time. The plan you subscribe to determines the limits applicable to your account.

3.2 Subscription fees are stated in Kuwaiti Dinars (KWD). Fees are billed in advance on a monthly or annual cycle. All fees are non-refundable except as expressly stated in these Terms or as required by Kuwaiti law.

3.3 Payments are processed through licensed payment service providers operating in Kuwait. By providing payment information, you authorise us to charge the applicable fees on each renewal date.

3.4 If a payment fails, we may suspend access to the Service until the outstanding amount is paid. Continued non-payment for more than fourteen (14) days may result in account termination.

3.5 We may modify plan pricing or features with at least thirty (30) days' prior notice. If you do not accept the change you may cancel before it takes effect; no further charges will apply.

4. Trials and Promotional Offers

Free trials, where offered, are provisioned only via a manually-approved waitlist and are not available on a self-service basis. We may modify, suspend, or withdraw any promotional offer at any time and may impose reasonable limits on its duration and scope.

5. AI Credits ("Azoz AI")

The Service includes AI-powered features under a separate KWD-denominated credit system. Each plan includes a monthly free allowance. Additional credits may be purchased in bundles. Credits are non-refundable, are tied to your active subscription, and expire thirty (30) days after subscription cancellation (re-activating during that grace window preserves the remaining balance). Credits have no cash value and cannot be redeemed for cash, transferred, or exchanged for any other benefit.

6. Acceptable Use

You agree not to use the Service to:

• Sell, promote, or distribute goods or services that are illegal under Kuwaiti law, including but not limited to: alcohol, pork products, gambling services, narcotics, counterfeit goods, weapons, content prohibited under public-morals legislation, or any item requiring a licence you do not hold.
• Engage in fraudulent, deceptive, or misleading business practices.
• Infringe the intellectual-property rights of any third party.
• Distribute malware, attempt to bypass platform security, scrape platform data without authorisation, or engage in any activity that disrupts the Service or other users.
• Send unsolicited marketing communications in violation of the Communications and Information Technology Regulatory Authority ("CITRA") rules.
• Process payments through any gateway other than those officially supported by EYalla.

We may investigate and, where appropriate, suspend or terminate accounts that breach this section.

7. Your Customers and End-User Transactions

7.1 You are the merchant of record for every sale made through your storefront. You are responsible for:

• The accuracy and legality of every product listing, price, and piece of content you upload.
• Compliance with Kuwait's Consumer Protection Law (Law No. 39 of 2014), including clear disclosure of total price, any taxes or fees, the right of withdrawal where applicable, refund and exchange policies, and disclosure of your identity and contact details.
• Customer service, dispute resolution, fulfilment, and after-sales support.
• Maintaining any commercial licence and tax registrations required in Kuwait or the country in which you operate.

7.2 We provide the technology to display your refund and shipping policies. The substantive content of those policies, and compliance with them, is your responsibility.

7.3 Contracts with your end customers are between you and them. EYalla is not a party to those contracts and accepts no liability for them.

8. Data, Content, and Intellectual Property

8.1 You retain ownership of all content, data, branding, and product information you upload to the Service ("Subscriber Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Subscriber Content solely as required to provide the Service to you.

8.2 The Service — including its software, design, brand, and documentation — is the exclusive property of EYalla and its licensors. Nothing in these Terms transfers ownership of the Service to you. You receive a limited, non-transferable, revocable right to use the Service during your active subscription.

8.3 You represent that you have all rights necessary to upload your Subscriber Content and that the content does not infringe any third-party right or violate any applicable law.

9. Privacy and Data Protection

Our handling of personal data is governed by our Privacy Policy, which forms part of these Terms by reference. We process personal data in accordance with CITRA's Data Privacy Protection Regulation (Resolution No. 26 of 2021) and other applicable Kuwaiti rules.

10. Availability and Maintenance

We aim to keep the Service available 24 hours a day but do not guarantee uninterrupted access. Scheduled maintenance will, where practicable, be announced in advance. Unscheduled downtime, security patches, and emergency maintenance may occur without notice. We are not liable for any loss resulting from temporary unavailability of the Service.

11. Cancellation and Termination

11.1 You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of the then-current billing cycle. Fees already paid are not refunded.

11.2 We may suspend or terminate your account immediately if we believe you have breached these Terms, engaged in unlawful activity, or pose a security risk to the Service or other users.

11.3 Following cancellation or termination, your data remains available for export for a period of thirty (30) days, after which we may permanently delete it. AI credits expire on the same thirty-day schedule (see Section 5).

12. Limitation of Liability

To the maximum extent permitted by Kuwaiti law, EYalla's total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the total subscription fees you paid in the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall we be liable for indirect, incidental, consequential, special, or punitive damages, or for loss of profit, revenue, goodwill, or data.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Kuwaiti law.

13. Indemnity

You agree to indemnify and hold EYalla, its officers, employees, and contractors harmless from any third-party claim, loss, or liability (including reasonable legal fees) arising out of (a) your use of the Service in breach of these Terms, (b) Subscriber Content you upload, (c) goods or services you sell through the Service, or (d) your violation of any applicable law.

14. Modifications

We may amend these Terms from time to time. Material changes will be notified at least fourteen (14) days before they take effect, by email and through a prominent notice in your account dashboard. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Kuwait. The courts of Kuwait City have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, except where a different forum is required by mandatory consumer-protection law.

16. Contact

For questions about these Terms please contact us at [hello@eyalla.com] or through the in-app support channel.