TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING AMAL (MAY ALSO BE REFERRED AS “SOFTWARE”) SERVICE WHICH PROVIDES USERS (HEREINAFTER “END-USER”, “USER”, “YOU”, “YOUR”, “THEY”, “THEIR”) A SIMPLE INTERFACE FOR ACCESSING THEIR PERSONAL ACCOUNT INFORMATION BY INTEGRATING DIRECTLY WITH THE BACK-END SYSTEMS OF THE VARIOUS BANKS. AMAL IS NOT A PAYMENT SERVICE PROVIDER (HEREINAFTER “AMAL”, “WE”, “OUR”, “US”) AND IS NOT AFFILIATED WITH YOUR BANK OR ANY OTHER BANK. THE TERMS AND CONDITIONS SET FORTH IN THIS END USER LICENSE AGREEMENT GOVERN YOUR USE OF THE SERVICES OFFERED BY AMAL.

· · ·

Please note that the Amal Privacy Policy and Amal Terms and Conditions are incorporated by reference and are binding parts of the Terms of Use (collectively "Terms"). The Terms constitute the entire agreement and understanding regarding the access to and use of the Service and supersede all prior communications, proposals, representations, agreements and understandings, whether written or oral, relating to its subject matter. The Services are available for your use only on the condition that you agree to the Terms, all with the intention to form a legally binding agreement. By clicking “Accept”, accessing or using the Services, you have indicated that you are at least 18 years of age or older, and understand and accept these Terms. If you are an employee, consultant or contractor using the Services on behalf of or as part of your work ("Authorized User") for a company or other entity ("Company"), you represent that you have the authority to bind that Company to these Terms and that you are authorized by your Company to use the Services. If you do not accept these Terms, please discontinue to use the Service and do not proceed with any transaction. By using the Service, you agree to the Terms as set forth in this Agreement at the time of the Data Transfer. The Terms may be revised from time to time without prior notice and the User is therefore advised to review the Terms in each case before proceeding with a Transfer. In the event of change of the Terms, the revised version shall be published on the Amal Website. Legally binding regulatory or legal decisions and/or changes made by competent authorities may affect Amal’s business and its provision of Services. The User hereby accepts that Amal has no control over such decisions and/or changes and therefore assumes no liability for any sort of losses, damages or harm that may arise as a result.

THE SERVICES

Data Retrieval. The User can share access to their online banking accounts with Amal in order to allow Amal to deliver the service to the user. You should keep in mind that by granting Amal access to your account, you also grant Amal the ability to continuously synchronize and update their records on a persistent basis at a rate of multiple times a day.

A session represents a connection with your bank account (“Session”). Data Transfer can not be initiated unless there is an active Session. Amal does not charge Users any fees for the provision of the Service. However, User's bank may apply fees and charges for availing Online Banking access. User hereby acknowledges that he or she is solely responsible for any and all fees applied by his or her bank.

Errors encountered in the Data Transfer process will result in a decline. You must notify us if you come across any errors or system malfunctions, so that we can remedy the situation to the best of our ability.

Amal is not responsible nor liable for your contractual relationship with the Bank and thus, Amal is absolved from any claim arising out of such contracts. Please ensure that you have reviewed and consented to Bank's terms and conditions before using the Service.

Subject to the terms and options provided by the banks, as Users submit their online banking credentials to the Amal Interface, they shall be authenticated by the relevant bank, and the User shall be allowed to move to the next step. The Users’ bank credentials may be securely tokenized, as in securely stored in a compliant backend environment and replaced with a “token” reference that can then be used in future data retrieval requests in place of these credentials. Afterwards, the Data Transfer shall be initiated directly against relevant tokenized credentials. Once the Data Transfer is approved by the User, the User’s data is synchronized with the Amal backend. A confirmation is displayed on the Amal Interface to indicate that this process has begun.

Subject to the terms and options provided by the banks, additional verifications such as Two Factor Authentication or Secret Questions might be offered to you for Data Transfers and Sessions.

Amal can modify, update, suspend, or stop the provision of Services when it encounters malicious attacks or in order to meet technical requirements and to comply with legal and regulatory changes.

INFORMATION AND DATA PROVIDED BY THE USER

By using the Service, the User agrees that the entirety of the information about the User available on the Amal Interface, including but not limited to name, address, telephone number, e-mail address, sending bank account number, personal ID number, passport number (collectively “Information”) shall be utilized by Amal for the purpose of authenticating the identity of the User and/or for the purpose of executing the Data Transfer. By submitting all the required Information on the Amal Interface, you are deemed to have expressly requested and authorized the Data Transfer to take place in accordance with Section 2. In the event that you decide not to complete the Data Transfer and do not click on the Sign In button, your Information is purged from Amal’s system and Amal never receives the purged Information and/data. However, once the SIGN IN button is clicked, the authorization is final.

Any Data Transfer you make through the use of your Information shall be deemed to be carried out by the authorized owner of the account. Any and all Information provided by you during the Transfer process will be collected, stored and processed by Amal in connection with using the Service. Amal’s processing of such Information takes place in accordance with the Amal Privacy Policy.

Amal, as the data controller, will store and process data provided by the User in accordance with Emarati Personal Data Protection Law No. 30 of 2018 (“PDPL”) and other relevant UAE legislations and use the data only for the purposes and in the manner as set forth herein. Such data includes the IP-address of the User and above-mentioned Information which are collected and processed for the purposes of conducting and carrying out a secure Transfer, as well as to meet legal requirements within the field of data storage requirements, anti-money laundering measures and other relevant legal obligations of Amal, including but not limited to, for the purpose of preventing fraud and other criminal acts.

Amal, if requested by law enforcement and other relevant authorities, may hand over Information on the User in connection with investigations of criminal acts. Otherwise, Amal will undertake appropriate measures to protect the data from being released to third parties and undertakes share any such data for commercial, advertising or similar purposes.

Amal will treat all collected and stored personal data with confidentiality to the best of its abilities and will apply SSL and secure encryption procedures.

Amal stores all user information in secure databases protected in a variety of industry-standard access controls. However, no company can fully eliminate security risks associated with the transmission of personal information through online transactions, and You do so at Your own risk. You acknowledge that any data entry, conversion or storage is subject to the likelihood of human and machine errors, malicious manipulation, omissions, delays, and losses, including, but not limited to, inadvertent loss of: data or damage to media that may result in loss or damage to You and/or Your property, and/or Your detrimental reliance on maliciously manipulated data. Amal shall not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, adopting procedures to ensure the accuracy of input data, examining and confirming results prior to use, adopting procedures to identify and correct errors and omissions, replacing lost or damaged media, and reconstructing data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.

GRANT OF LICENSE

Amal grants you a non-exclusive, worldwide, revocable, non-transferable and non-sublicensable license to access and use the Services, for the duration of your use of the Services.

CONFIDENTIALITY

You agree that the Software, including, but not limited to, all source and object code components, screen shots and displays, graphical user interfaces, algorithms, formulae, data structures, scripts, application programming interfaces and protocols, and the Documentation (collectively the "Confidential Information") are trade secrets of Amal and are owned by Amal or, where applicable, its third-party licensors. You agree to retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence. You agree to: (i) only disclose Confidential Information to Your employees and agents to the extent required to use the Software under the terms of this Agreement and not to disclose or disseminate the Confidential Information to any third party without the prior written consent of Amal, (ii) use the Confidential Information solely for Your benefit as provided for herein and not to allow any third party to benefit from the Confidential Information, and (iii) bind Your employees and agents, by terms no less restrictive than those set forth herein, to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this Agreement. Notwithstanding the disclosure of any Confidential Information for any reason, such Confidential Information shall continue to be owned by Amal or its licensors. Nothing contained herein shall be deemed to prevent You from disclosing or disseminating Your data, in any format or any report, to whomever You so choose.

ACCEPTABLE USE

By accessing or using the Services, you agree to:

Use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including maintaining adequate security precautions, consistent with then current standards in the industry, the use of secure servers, protective firewalls and a user authentication system and notify us of any such unauthorized access or use promptly upon becoming aware of such access or use;

Not use the Services to engage in illegal, fraudulent or other wrongful conduct, including, but not limited to violation of any applicable local, state, national or international law, rule, regulation or order of any court;

Not transfer, distribute, sell, resell, lease, sublease, license, or sub-license access to the Services or any component thereof;

Not create, modify, distribute, transmit, display, or perform derivative works based on the Services or any components thereof;

Not copy, frame or mirror any part or content of the Services or any components thereof;

Not disassemble, decompile or otherwise reverse engineer the Services;

Not use any robot, spider, search/retrieval application, or other manual process or automatic device or application or extraction tool to access, monitor, copy, use, download, retrieve, index, extract, scrape, data mine, interact, overload, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any component thereof or otherwise defeat, bypass, or circumvent any other protections of Amal’s proprietary rights in the Service;

Not delete or alter Amal’s copyright, trademark or other proprietary notices, branding or attribution included in the Service;

Not use the Services to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or other harmful, contaminating or destructive feature;

Not intentionally interfere with or disrupt the integrity or performance of the Services or third-party data or services contained therein, by means of "hacking" or defacing any portion of the Services or otherwise impairing or overburdening them;

Not attempt to gain unauthorized access to the Services or their related systems or networks;

Not enable others to violate any of these Terms;

Not make the functionality of the Services available to multiple users through any means, including, without limitation, through any hosting, application services provider, service bureau, outsourced or value-added basis or any other type of services;

Not access the Services for the purposes of monitoring their availability, performance or functionality, or for any benchmarking against third-party services or competitive purposes.

In the event of a suspected criminal or illegal activity or suspected/detected misuse of the Services which might bring civil actions by third parties or expose Amal to any type of potential or actual harm, losses and damages, Amal shall have the unequivocal right to suspend, take appropriate measures and keep records of Data Transfers of the Users.

INTELLECTUAL PROPERTY

All right, title and interest, including all intellectual property in the Services or any part thereof are and shall remain the sole and exclusive property of Amal, and you are not by reason acquiring any rights therein, other than the limited rights expressly provided herein. No rights are granted to you hereunder other than as expressly set forth herein.

WARRANTIES AND DISCLAIMERS

SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. AMAL DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO MERCHANT AND END USERS AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMAL OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF AMAL’S OBLIGATIONS.

End User acknowledges that the Services are inclusive of a computer network-based service which may be subject to outages and delay occurrences. As such, Amal does not guarantee continuous or uninterrupted access to the Services. End User further acknowledges that access to the Amal Website or to the Services may be restricted for maintenance. Amal will make reasonable efforts to ensure that Data Transfers are processed in a timely manner; however, Amal will not be liable for any interruption, outage, or failure to provide the Services.

Limitation of Liability

IN NO UNFORESEEABLE EVENT AND/OR UNWILLFUL MISCONDUCT SHALL AMAL BE LIABLE HEREUNDER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOODWILL, LOSS OF DATA OR BUSINESS INTERRUPTION/LOSSES OF ANY CHARACTER. UNDER ANY CIRCUMSTANCES, AMAL IS NOT LIABLE FOR ANY SORT OF BUSINESS LOSSES SUCH AS LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY OR LOSS OR DAMAGE TO REPUTATION. AMAL DOES NOT LIMIT ITS LIABILITY IN CASES WHERE IT IS UNLAWFUL TO DO SO ACCORDING TO THE LAWS OF THE UAE. IN NO EVENT WILL AMAL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE ACTUAL AMOUNTS PAID BY YOU FOR USE OF THE SERVICES IN THE EVENT GIVING RISE TO ANY LIABILITY.

Indemnification

You will indemnify and hold harmless Amal and its officers, directors, employees and agents, providers from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, or (ii) your violation of these Terms.

Term and Termination

These Terms commence on the date that you first access or use the Services and will continue in effect until otherwise terminated as set forth below.

You can discontinue your use of the Services without any further notice. Amal may terminate these Terms immediately for any or no reason, without notice. Upon termination, you will cease your use of the Services.

Surviving Provisions

All sections of the Terms which by their nature survive termination shall continue in full force and effect beyond any termination of the Services and such Terms, including, without limitation, all provisions which relate to proprietary rights, disclaimers, limitation of liability, waiver and indemnification.

Relationship of the Parties.

Nothing in these Terms will be construed to create a partnership, joint venture or agency relationship between the parties.

Force Majeure

Neither Users nor Amal shall be liable to the other in any way for failure or delay in its performance under the Terms to the extent resulting from any cause or circumstance beyond its reasonable control, including the acts or omissions of the Amal and/or the User, act of God, fire, flood, or other natural disaster, malicious injury, strikes, lockouts, or other labor troubles, riots, insurrection, war or other reason of like nature not the fault of Amal and/or User in performing under the Terms.

SEVERABILITY

If any term, provision or part of this Agreement is to any extent held invalid, void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be impaired or affected thereby, and each term, provision and part shall continue in full force and effect and shall be valid and enforceable to the fullest extent permitted by the applicable law.

GOVERNING LAW

The Terms and the Agreement shall be governed by the laws of the DIFC Courts in the United Arab Emirates. Within 30 days of a User’s filing of complaint or claim, it is in Amal’s discretion to resort to mediation prior to litigation. Users and Amal jointly agree that all disputes relating to this Agreement shall be resolved exclusively in the DIFC Courts.

WAIVER

No term or provision of this Agreement shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.

If you have any questions about these Terms or the Services, please contact Amal at help@askamal.com or by postal mail at Office 8 & 9, Level 4, Gate District Precinct, Building 05, Dubai International Financial Centre, P. O. Box 507211, Dubai, United Arab Emirates.