Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of Sawda OS and related websites, applications, and services (collectively, the "Service") operated by Sawda ("Sawda," "we," "us," or "our").

By creating an account, signing in, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

If you do not agree to these Terms, do not use the Service. Our Privacy Policy explains how we collect and use personal information and is incorporated by reference.

2. The Service

Sawda OS is a trade operating system for commodity trading and brokerage. Features may include CRM and pipeline tools, trade lifecycle management, document handling, communications integrations, planning, and related workflows. We may add, change, or remove features over time.

The Service is provided for business use. You are responsible for ensuring that your use complies with applicable laws and with any contracts you have with counterparties, banks, carriers, and other third parties.

3. Accounts and eligibility

• You must provide accurate account information and keep it up to date.
• You are responsible for safeguarding credentials and for activity under your account, including actions by users you invite to your organization.
• You must promptly notify us of any unauthorized access or security incident related to your account.
• We may suspend or terminate access if we reasonably believe these Terms have been violated or if continued access would create risk to the Service, other customers, or third parties.

4. Organizations, roles, and customer data

The Service is typically used within an organization workspace. Your organization's administrators control membership, roles, and access to organization data.

You retain ownership of content and data you or your organization submit to the Service ("Customer Data"), including trade records, contacts, documents, messages, and configuration. You grant Sawda a limited license to host, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Service and to comply with law.

You represent that you have all rights needed to submit Customer Data and that doing so does not violate third-party rights or applicable law.

5. Acceptable use

You agree not to:

• Use the Service for unlawful, fraudulent, or deceptive activity.
• Upload malware, attempt to probe or breach security, or interfere with Service availability.
• Reverse engineer, scrape, or access the Service by automated means except as expressly permitted by us or by public APIs we provide.
• Misrepresent your identity or affiliation, or use another person's account without authorization.
• Use the Service to send spam or unsolicited communications in violation of law.
• Resell, sublicense, or provide the Service to third parties except as allowed under your subscription or written agreement with us.

6. Third-party services

The Service may integrate with third-party products such as identity providers, email, messaging, cloud storage, and other tools you connect. Your use of those products is governed by their terms and privacy policies. We are not responsible for third-party services and do not control their availability or practices.

7. Intellectual property

Sawda and its licensors own the Service, including software, design, trademarks, and documentation. These Terms do not transfer ownership of any Sawda intellectual property to you. You may not copy, modify, or create derivative works of the Service except as allowed by law or a separate written license.

8. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms and will protect it with reasonable care. Confidential Information does not include information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party without confidentiality duties.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAWDA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that Customer Data will never be lost or corrupted. You are responsible for maintaining appropriate backups of critical business records outside the Service where required by your policies or law.

Sawda is a software platform and does not provide legal, financial, tax, customs, or trade advisory services. Decisions you make using the Service remain your responsibility.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAWDA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAWDA'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO SAWDA FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100) IF YOU HAVE NOT HAD A PAID SUBSCRIPTION.

11. Indemnification

You will defend and indemnify Sawda against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your Customer Data, your use of the Service in violation of these Terms or law, or disputes between you and your organization's users or counterparties.

12. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access immediately if you breach these Terms, if required by law, or if continued use poses a security or operational risk.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive (including ownership, confidentiality, disclaimers, limitations of liability, and indemnification) will survive.

13. Changes to the Service or Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date and may provide additional notice for material changes. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws applicable in the jurisdiction where Sawda principally operates, without regard to conflict-of-law rules, unless a separate written agreement with your organization specifies otherwise. Courts in that jurisdiction will have exclusive venue for disputes, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Contact

Questions about these Terms can be sent to legal@sawda.app.