sccc platform terms of use

please read these terms and conditions carefully

These terms of Use (this “agreement”) describe the terms and conditions applicable to your access and use of the Saudi Cloud Computing Company website, currently located at URL: https://www.sccc.sa/ and the access and use by registered users of Saudi Cloud Computing Company’s products and services offered through the platform (the “sccc by stc platform”). This document is a legally binding agreement between you as a user of the sccc by stc platform (referred to as “you” or “your” hereinafter) and the Saudi Cloud Computing Company (referred to as “we”, “our”, “sccc by stc” hereinafter). Registered users of the sccc by stc platform, including you and other registrants, are referred to as “User” hereinafter. By using the sccc by stc platform, the platform services and product services (as each are defined below), you acknowledge and agree that you have read, understood, and agreed to be bound by the terms (as defined below).

1. application and acceptance of the terms

1. Your use of the sccc by stc platform (the “platform services”) and its ancillary products and services (the “product services”) (platform services and product services shall collectively be referred to as “services” hereinafter) is subject to the laws and regulations of the Kingdom of Saudi Arabia (the “Kingdom”) and the terms and conditions contained in this agreement as well as those provided in the following (collectively, the “terms”): a. sccc by stc product terms and Conditions; b. Privacy policy; c. the marketplace End-User agreement and any other agreements that apply to use of the sccc by stc marketplace; d. third-party terms and conditions that apply to certain services; and e. Any other website or service rules and policies as adopted and published on the sccc by stc platform from time to time.
2. By accessing the sccc by stc platform or using the services, you agree to accept and be bound by the terms. please do not use the services if you do not agree to and accept all of the terms. You acknowledge and agree that sccc by stc may amend any terms at any time by posting the relevant amended and restated terms on the sccc by stc platform. Unless otherwise noted by sccc by stc, material changes to the terms and any addendum will become effective 15 days after they are posted, except if the changes apply to new sccc by stc services, new functions or for compliance of applicable law in which case they will be effective immediately or at a date as specified by sccc by stc. By continuing to use the services, you agree to be bound by the amended and restated terms.
3. You may be required to enter into a separate agreement or agree to other terms and conditions, whether online or offline, with sccc by stc, its affiliates, or third parties for the services or any other services ancillary to the use of the sccc by stc platform (“additional agreements”). If there is any conflict or inconsistency between the terms and the additional agreements, the additional agreements shall take precedence over the terms only in relation to the portion of the services governed by the conflicting additional agreements.
4. sccc by stc shall have the right to assign or novate any part of or all of the terms (including any of our rights, titles, benefits, interests, and obligations and duties in the terms, including this agreement) to any person or entity (including any affiliates of sccc by stc). sccc by stc may by written notice to you (which may be posted on the sccc by stc platform) require such assignment or novation of the terms or any part thereof, and you hereby irrevocably agree and consent to any such assignment or novation, whereupon sccc by stc shall be released and discharged from all of its obligations under these terms, as well as all claims, actions and demands arising under these terms up to the time of such assignment or novation.
5. You may not assign, in whole or part, any of the terms, including this agreement, to any person or entity.

2. provision of services

1. You must register as a member on the sccc by stc platform in order to access and use the product services.
2. sccc by stc has the right to restrict, suspend or terminate your access to or use of the sccc by stc platform or certain services (or any features within the services) if in sccc by stc’s sole and absolute opinion you are in breach of the terms.
3. The services (or any features within any Service) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available in all countries and regions or for all users. sccc by stc may in its sole discretion limit, deny or create different levels of access to and use of any services (or any features comprised therein) with respect to different users.
4. Some products, services, promotions, campaigns, service level agreements, guarantees, or other forms of offerings may only apply to selected customers in particular locations (including as may be described in the regional pages of sccc by stc platform) (the “Regional Offerings”). these Regional Offerings may be offered or provided by entities other than sccc by stc. these Regional Offerings and the terms related thereto may not apply to you or be available through the services. Unless otherwise specified, these Regional Offerings are not offered or provided by sccc by stc and sccc by stc is not liable for any matters related to the Regional Offerings. Likewise, certain products, services, promotions, campaigns, service level agreements, guarantees, or other forms of offerings of the services may not be available to you if you are eligible for Regional Offerings. You are responsible for reviewing the terms and conditions for each Regional Offering carefully before agreeing to participate, purchase, or use any of the Regional Offerings as the terms and conditions for each offering may differ. You agree that you shall be bound by our determination as to whether a particular offering constitutes a Regional Offering or part of the services and the relevant terms applicable thereto. If you do not agree to the applicable terms and conditions, you shall cease your participation in, use, or purchase of the relevant offerings.
5. sccc by stc may, at its discretion, provide you with a purchase credit limit for making purchases of services (“virtual credits”). virtual credits may be used to purchase services by placing a purchase order online on the sccc by stc platform or offline (a “purchase Order”), subject to the terms and pricing conditions as published on the sccc by stc platform. Each purchase Order shall identify the customer, quantity, products or services purchased, and amount of virtual credits to be used. You are responsible for ensuring that all information provided in the purchase Order is accurate and complete. In the case a discount is being provided to you, you shall also include the opportunity number and a signed virtual credit purchase form upon submission to sccc by stc. virtual credit allocations will be invoiced in your upcoming billing cycle.

3. use of the sccc by stc platform or services

1. As a condition of your access to and use of the services, you agree that you will comply with any and all applicable laws and regulations, and will not engage in fraudulent or deceptive practices, when using the services.
2. With respect to content made available via the services, you agree that you will not: a. copy, reproduce, download, re-publish, sell, distribute or resell any services or any information, text, images, graphics, video clips, sound, directories, files, databases, or listings made available via the services (the “Content”); b. without limiting the generality of the foregoing, copy, reproduce, download, compile or otherwise use any Content for the purposes of operating a business that competes with sccc by stc, or otherwise commercially exploit the Content. systematic retrieval of Content from the services to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from sccc by stc is prohibited; or c. upload, post, make available, use, encourage, promote, facilitate the use or submission or copy, reproduce, download or compile any Content or materials: i. that are defamatory, obscene, abusive, invasive of privacy, or offensive, including but not limited to content related to child pornography, bestiality, or other types of illegal sexual content; ii. obtained from or via the services for any purpose not expressly permitted in the terms or the additional agreements; or iii. that infringe or misappropriate the Intellectual Property Rights (as defined below) or proprietary rights of sccc by stc or others.
3. You agree that you will not: a. undertake any action to undermine the integrity of the computer or communication systems, network, software application, or networks and computing devices used in connection with the services or any other User (each a “system”) or to gain unauthorized access to any system; b. monitor data or traffic on any system without the express permission of sccc by stc; c. probe, test, or scan the vulnerability of any system or attempt to breach any security or authentication measures used in connection thereto; d. falsify your original, including the forging of TCP-IP packer headers, e-mail headers, or any part of any message describing its origin or route; or e. otherwise do any act or thing which, in the sole opinion of sccc by stc, may undermine the security of any system.
4. You agree that you will not: a. conduct any monitoring or crawling of any system; b. engage in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; c. engage in any behavior that may interfere with the proper functioning of any system, including mail or news bombing, broadcast attacks, flooding, and any other relevant network interference techniques; d. operate any network services, such as open proxies, open mail relays, or open recursive domain name servers; or e. otherwise do any act or thing which, in the sole opinion of sccc by stc, constitutes network abuse of any system.
5. You agree that you will not distribute, send, or facilitate the sending or any unsolicited electronic commercial messages, or engage in any form of spamming activities that are in breach of the laws and regulations of any relevant jurisdiction or otherwise do any act or thing which, in the sole opinion of sccc by stc, constitutes promotion and marketing message abuse.
6. You acknowledge and agree that by disclosing or submitting any information to us, you warrant that you have the full power, legal capacity and authority to disclose or submit such information, and that the use of such information in accordance with these terms shall not expose us to any claim, liability, or prosecution.
7. In addition to the matters set out in the privacy policy in relation to personal data, you agree as follows in relation to any data or information (other than personal data) that you provide to us for processing, storage, hosting or any other purposes in connection with your purchase and use of our services (collectively, “Information”). a. Except as provided below and as prohibited by the laws and regulations of the Kingdom, Information that you provide to us may be transferred to, stored and processed in the country in which we, our affiliates, or our sub-contractors maintain facilities for the services. This may be in a different jurisdiction from where you are located, and accordingly, such Information may, if permitted by applicable law, be transferred to an overseas jurisdiction. b. You acknowledge and agree that any such processing of such Information is necessary to process and administer your customer account and to provide the services and you consent to the same. You further agree and consent to sccc by stc processing such Information on your behalf pursuant to the terms and you appoint us to store and process such Information, and if permitted by applicable law, to perform any such transfer of such Information to any such country, to provide our services. c. You acknowledge and agree that Information related to your payment instruments (such as credit cards), including Information about your payment instrument organisation, the last few digits of your payment instrument number, the security code, and the expiration date of your payment instrument will be transferred to, stored and processed by our third-party payment service provider directly in order to process your payment transactions. d. With respect to any other Information that you provide to us or is collected by us, including Information provided at registration, Information we record pertaining to your activities, and Information provided voluntarily by you, you acknowledge and agree that we may in our commercial discretion store and transfer such Information to any of our affiliates, including those located in other countries if permitted by applicable law. e. We will not disclose your Information outside of us, our affiliates or our third-party service providers unless: i. You request us to do so; ii. Your end user has provided consent for us to do so; iii. As provided in the terms, or iv. As required by and to comply with applicable law, legal process or lawful government requests, or in respect of any claims or potential claims brought against us or our shareholders, subsidiaries or affiliates.
8. You also acknowledge and agree that Information you provide shall comply with the terms.
9. You agree and acknowledge that we have the sole discretion to designate from time to time the domain names or URLs through which you may permitted access to the services and the sccc by stc platform. You shall be solely responsible for implementing any changes necessary from time to time to your systems at your sole cost and expense.
10. You agree that you will, as soon as you are aware and to the extent practicable, notify sccc by stc of any unauthorized use, suspected or actual, or breach of the above by you or anyone who uses or has used your account.

4. breaches by Users

1. sccc by stc shall have the right at its sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the sccc by stc platform, including any which in our sole opinion is unlawful, violates the terms, or could subject sccc by stc or our affiliates to liability. sccc by stc shall have the right to take any enforcement actions it deems appropriate at sccc by stc’s sole discretion, including but not limited to giving a written warning to you, removing any Content submitted or published by you, recovering damages or other monetary compensation from you, suspending or terminating your account with sccc by stc, or suspending your subscription of any Service. sccc by stc shall also have the right to restrict, refuse or ban you from any and all future use of any other services provided by sccc by stc.
2. sccc by stc reserves the right to pursue legal action for any and all breaches of the terms, including this agreement.

5. limitation of liability

1. To the maximum extent permitted under applicable law, the services are provided “as is”, “as available” and “with all faults”, and sccc by stc hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement, or as to the services being uninterrupted, error free, free of harmful components, secure, or not otherwise causing damage or loss of functionality or data. To the maximum extent permitted under applicable law, sccc by stc makes no representations or warranties on the validity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided on or through the services; sccc by stc does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale or use of products or services offered or displayed via the services does not violate any third party rights; and sccc by stc makes no representations or warranties of any kind concerning any product or service offered or displayed via the services. Any material downloaded or otherwise obtained through the services is done at your sole discretion and risk and you are solely responsible for any damage to the system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from sccc by stc or through or from the services shall create any warranty not expressly stated herein. Except for any warranties and representations by sccc by stc expressly set forth in the terms, including this agreement, sccc by stc hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.
2. You hereby agree to indemnify and hold sccc by stc, its respective affiliates, directors, officers and employees harmless from and against any and all losses, damages, claims, and liabilities, including attorneys’ fees, which may arise from your use of the services (including but not limited to the display of your Information or Content on the sccc by stc platform, the submission of unlawful materials to the sccc by stc platform or the relevant ancillary features of any services) or from your breach of any of the terms. You hereby further agree to indemnify and hold sccc by stc, its affiliates, directors, officers and employees harmless from and against any and all losses, damages, claims, or liabilities, including attorneys’ fees, which may arise, directly or indirectly, as a result of any claims asserted by any third parties relating to products displayed on the sccc by stc platform. You hereby further agree that sccc by stc is not responsible and shall have no liability to you, for any Content posted or submitted by others, including defamatory, offensive or illicit materials, and that the risk of damages from Content rests entirely with you. sccc by stc reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with sccc by stc in asserting any available defenses. To the maximum extent permitted under applicable law, sccc by stc shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: a. your use or inability to use the services or any defect in goods, samples, data, information or services purchased or obtained from you or any other third party through the services; b. your violation of any third-party rights, or claims against you by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by any third parties; c. unauthorized access by third parties to your Information, including personal data; d. your statements or conduct; or e. any matters relating to services however arising, including negligence. Notwithstanding any of the foregoing provisions, unless otherwise provided in the terms of the relevant services, the aggregate liability of sccc by stc and its respective employees, agents, affiliates, representatives or anyone acting on its or their behalf with respect to you for any and all claims arising from or in connection with the services or any use or inability to use the same during any calendar year shall be limited to, in aggregate, the greater of (a) the amount of fees you have paid to sccc by stc or its affiliates for the services during the calendar year; or (b) USD100 or the equivalent thereof. All claims against sccc by stc in respect of any of the matters referenced in this Clause 5.2 must be filed within one (1) year from the date the cause of action arose, otherwise they are forever barred.
3. The limitations and exclusions of liability to you under the terms shall apply to the maximum extent permitted by law and shall apply whether or not sccc by stc has been advised of or should have been aware of the possibility of any such losses arising.

6. force majeure

Unless otherwise provided in the terms, under no circumstances shall sccc by stc be held liable for any delay or failure or disruption of the content or the services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, pandemics, epidemics, orders of domestic or foreign courts or tribunals or non-performance of third parties.

8. intellectual property rights

1. sccc by stc is the sole owner or licensee of the sccc by stc platform. All title, ownership and Intellectual Property Rights in and to the sccc by stc platform shall remain with sccc by stc, its affiliates or licensors of our Content, as the case may be. All rights not otherwise claimed under the terms or by sccc by stc are hereby reserved. “ALIBABA”, “ALICLOUD”, ‘ALIYUN”, “ALIEXPRESS”, “ALIMAMA”, “TAOBAO”, “TMALL” and related icons and logos are registered trademarks or service marks of Alibaba Group Holding Limited in various jurisdictions and are protected under applicable copyright, trade mark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
2. “Intellectual Property Rights” shall mean: a. all rights, title and interest in and to all intellectual property rights, including any and all copyrights, patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, rights in computer software, database rights, semi-conductor topography rights, utility models and rights in know-how, in each case whether registrable or not, and including any applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and across all platforms and mediums whether now known or in the future invented; b. all rights under licenses, consents, orders, statutes or otherwise in relation to any of the rights referenced in sub-paragraph (a) above; c. all rights of the same or similar effect or nature as or to those in sub-paragraphs (a) and (b) which now or in the future may subsist; d. all rights to income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto; and e. all rights at law or in equity to sue for past or future infringements of any of the foregoing rights.

9. general

1. The terms, including this agreement and any additional agreements, constitute the entire agreement between you and sccc by stc and govern the use of the services, overriding any prior written or oral agreements in relation to the same subject matter herein.
2. You and sccc by stc are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
3. If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.
4. sccc by stc’s failure to enforce any right or failure to act with respect to any breach under this agreement will not waive that right nor waive sccc by stc’s right to act with respect with subsequent or similar breaches.
5. You shall not delegate, assign, sub-license or sub-contract any of the rights and obligations under this agreement to any third party without our prior written consent.
6. Unless a right or remedy of you or sccc by stc is expressed to be an exclusive right or remedy, the exercise of it by either party is without prejudice to either party’s other rights and remedies at law or in equity.
7. You shall complete all such further acts, deeds, things and documents as may be necessary to give effect to this agreement.
8. Except for sccc by stc and its affiliates, a person who is not a party to this agreement has no right to enforce any term of this agreement.

10. governing law and dispute resolution

The terms shall be governed by the laws of the Kingdom of Saudi Arabia. The parties to the terms hereby submit to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia.