Terms of Service

Effective date: 15 Feb 2025 Version: 1.0

These Terms of Service (“Terms”) are a binding agreement between Istithmar Altaqniyah, a company registered in the Kingdom of Saudi Arabia under Commercial Registration number 1010336999 (“Experia,” “we,” “us,” or “our”), and the business or individual using our website or platform (“Customer,” “you,” or “your”). By accessing experiaapp.com, requesting a demonstration, or using the Experia platform, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

1. Definitions

“Services” means the Experia customer-communication platform and its components (including task management, voice call, interactive surveys, community system, and request management features) as made available to Customer, together with any related support.
“Order Form” means a signed proposal, quotation, or online order that specifies the Services purchased, pricing, and term.
“Authorized User” means an individual Customer permits to access the Services under Customer’s account.
“Customer Data” means data Customer or its Authorized Users submit to or generate through the Services.
“Applicable Law” means the laws and regulations of the Kingdom of Saudi Arabia, and any other law that applies to the specific processing or activity in question.

2. Provision of the Services

We will provide the Services in accordance with these Terms and any applicable Order Form. We do not guarantee that the Services will be uninterrupted or error-free, and we may perform scheduled maintenance with reasonable advance notice where practical. Experia targets an uptime SLA of 99.9%.

3. Customer responsibilities

You agree to:

Provide accurate, current information when requesting a demo or setting up an account, and keep Authorized User access secure.
Use the Services only for lawful business purposes and in compliance with Applicable Law, including any law governing the content of messages sent through the platform (e.g., anti-spam and telecommunications regulation).
Not use the Services to send unsolicited bulk messages, or content that is unlawful, defamatory, or infringes a third party’s rights.
Not attempt to reverse-engineer, resell, or sublicense the Services except as expressly permitted in an Order Form.
Obtain any consents required from your own end users before their data is processed through the Services.
Be responsible for all activity under your account, including that of your Authorized Users.

4. Fees and payment

Fees for the Services are as set out in the applicable Order Form. Unless stated otherwise, fees are non-refundable and payable in advance for the committed term. Late payment may result in suspension of the Services under Section 9. Customer is responsible for any taxes applicable to its purchase, excluding taxes on Experia’s own income.

5. Intellectual property

We and our licensors retain all right, title, and interest in the Services, our platform, and any underlying software, including improvements or derivative works — nothing in these Terms transfers that ownership to Customer. Customer retains all right, title, and interest in Customer Data, and grants us a limited license to host, process, and display Customer Data solely as necessary to provide the Services and in accordance with our Privacy Policy.

6. Confidentiality

Each party may receive confidential information of the other in connection with these Terms. Each party agrees to use the other’s confidential information only to perform its obligations under these Terms, and not to disclose it to third parties except to its own employees, contractors, or advisors who need to know it and are bound by confidentiality obligations at least as protective as these, or where disclosure is required by law (in which case the disclosing party will, where legally permitted, give the other party reasonable notice).

7. Indemnification

We will indemnify Customer against third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe that third party’s intellectual property rights, and will cover the resulting damages finally awarded (or agreed in settlement), provided Customer promptly notifies us and allows us to control the defense. We may, at our option, procure the right for Customer to continue using the affected Service, modify it to avoid the infringement, or terminate the affected Service and refund any prepaid, unused fees.

Customer will indemnify us against third-party claims arising from Customer’s breach of Section 3 (Customer responsibilities) or from Customer Data, to the extent such claims arise from Customer’s own violation of Applicable Law or a third party’s rights.

8. Limitation of liability

To the maximum extent permitted by Applicable Law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue, arising from these Terms or the Services. Each party’s total liability arising out of or related to these Terms will not exceed the total fees paid or payable by Customer to Experia in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms limits either party’s liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under Applicable Law.

9. Term, suspension, and termination

These Terms remain in effect for as long as Customer has an active Order Form or otherwise accesses the Services. Either party may terminate for the other’s uncured material breach, on 60 days’ written notice specifying the breach, if it remains uncured at the end of that period. We may suspend access to the Services immediately if: (a) fees remain unpaid 30 days after notice; (b) Customer’s use poses a security risk to us or third parties; or (c) required to comply with Applicable Law. On termination, Customer’s access ends, and each party will return or destroy the other’s confidential information, except as needed to comply with law or as retained in routine backups subject to our standard deletion schedule.

10. General provisions

Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all assets.
Notices. Notices to Experia should be sent to info@experiaapp.com. Notices to Customer will be sent to the email address on the applicable Order Form or account.
Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions continue in effect.
Changes to these Terms. We may update these Terms from time to time; material changes will be posted here with an updated effective date, and, where required by Applicable Law, we will provide advance notice.
Entire agreement. These Terms, together with any Order Form and our Privacy Policy, form the entire agreement between the parties regarding the Services and supersede any prior agreement on the same subject.

11. Governing law and dispute resolution

These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the competent courts of Saudi Arabia, unless Applicable Law requires otherwise.

12. Contact us

Email: info@experiaapp.com Address: 8646 King Abdulaziz Road, Al Ghadeer District, Riyadh, Saudi Arabia