Note This is the first published edition of the Strategia Terms and Conditions. It is a good-faith draft prepared for the platform and must be reviewed by qualified legal counsel before it is relied upon in production. Nothing here is legal advice.
1. Who these terms are between
Strategia ("the Platform", "the Service") is a strategy and performance management platform operated by Nudom Systems ("we", "us", "our"), a company registered in the Kingdom of Bahrain.
These Terms and Conditions ("Terms") form a binding agreement between us and:
- the organisation that subscribes to the Platform (the "Customer"), and
- each individual the Customer authorises to use the Platform (a "User", "you").
If you are using the Platform with an account issued by your employer or another organisation, that organisation is the Customer, and you are accepting these Terms both for yourself and on behalf of that organisation to the extent you are authorised to do so.
If a separately signed subscription agreement, master services agreement or purchase order exists between the Customer and Nudom Systems, that document prevails over these Terms wherever the two conflict.
2. Accepting these terms
You accept these Terms by clicking to accept them when prompted, or by continuing to use the Platform after being notified of them. If you do not accept them, you must not use the Platform.
We record the date, time, document version and originating IP address of each acceptance, so that both parties have a reliable record of what was agreed and when.
3. Accounts and access
Accounts on the Platform are provisioned by administrators, not created by self-registration. The Customer decides who receives an account, what role each account holds, and what data each role can see.
You agree that you will:
- keep your credentials confidential and not share them with anyone;
- use multi-factor authentication where your organisation requires it;
- notify your administrator or
[email protected]promptly if you believe your account has been compromised; and - use the Platform only for the Customer's legitimate business purposes.
You are responsible for all activity carried out under your account, other than activity resulting from our own failure to keep the Platform secure.
4. Your organisation's data
All strategy, goal, KPI, metric, risk, report and user data that the Customer or its Users enter into the Platform ("Customer Data") remains the property of the Customer. We do not claim ownership of it.
We process Customer Data only in order to:
- provide, operate, secure, support and improve the Platform;
- comply with a legal obligation; and
- carry out written instructions from the Customer.
Each Customer's data is held in a separate tenant database. We do not pool Customer Data between tenants, and we do not sell it, rent it, or use it to build advertising profiles.
How we handle personal data specifically is described in our Privacy Policy, which forms part of these Terms.
5. Acceptable use
You must not:
- attempt to access another tenant's data, another User's account, or any part of the Platform you have not been granted access to;
- probe, scan, load-test or penetration-test the Platform without our prior written permission;
- upload malware, or content that is unlawful, defamatory, or infringes someone else's rights;
- reverse-engineer, decompile or attempt to derive the source code of the Platform, except to the extent that restriction is unenforceable under applicable law;
- resell, sublicense or provide the Platform to a third party as a service; or
- use the Platform to store data it was not designed for — in particular, payment card numbers or medical records.
We may suspend an account or a tenant immediately where we reasonably believe this section has been breached and the breach presents a risk to the Platform or to other customers. We will tell the Customer why, and restore access once the risk is resolved.
6. Availability, maintenance and support
We aim to keep the Platform available at all times, but we do not warrant uninterrupted availability. Planned maintenance is announced in advance where practical; emergency maintenance may be carried out without notice.
Any service-level commitment (uptime target, response time, support hours) applies only if it is stated in a signed subscription agreement with the Customer.
Support is provided in English and Arabic via [email protected].
7. Intellectual property
The Platform itself — its software, design, documentation, trademarks and all improvements to it — belongs to Nudom Systems and its licensors. These Terms grant the Customer a non-exclusive, non-transferable, revocable right to use the Platform during the subscription term, and nothing more.
Feedback you send us about the Platform may be used to improve it without obligation or payment to you. Feedback is not Customer Data.
8. Fees
Fees, billing frequency and payment terms are set out in the Customer's subscription agreement or order form. Unless that document says otherwise, fees are exclusive of any applicable VAT or other taxes, which are payable by the Customer.
We may suspend access to a tenant whose fees are materially overdue, after giving the Customer written notice and a reasonable opportunity to pay.
9. Term, termination and data return
The subscription runs for the term agreed with the Customer and renews as set out in that agreement.
Either party may terminate for material breach that is not remedied within 30 days of written notice.
On termination:
- the Customer's access to the Platform ends;
- for 30 days afterwards, the Customer may request an export of its Customer Data in a machine-readable format; and
- after that window, we delete or irreversibly anonymise Customer Data in line with the retention schedule in our Privacy Policy, except where the law requires us to keep it.
10. Warranties and disclaimers
We warrant that we will provide the Platform with reasonable skill and care, and in line with the security measures described in our Privacy Policy.
Beyond that, and to the fullest extent permitted by law, the Platform is provided "as is". In particular, the Platform's dashboards, achievement calculations, forecasts, narratives and reports are decision-support tools based on the data you enter. We do not warrant that any output is accurate, complete or fit for a particular decision, and you remain responsible for the decisions you take.
11. Limitation of liability
To the fullest extent permitted by law:
- neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings; and
- our total aggregate liability arising out of or in connection with these Terms in any twelve-month period is limited to the fees paid by the Customer for the Platform in that period.
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
12. Confidentiality
Each party will keep the other's confidential information confidential, use it only for the purposes of these Terms, and protect it with at least the same care it applies to its own confidential information. This obligation survives termination for three years, and indefinitely for anything that is a trade secret.
13. Changes to these terms
We may update these Terms — for example, to reflect new Platform functionality or a change in the law. When we make a material change we will increase the version number of this document and ask you to accept the new version the next time you sign in. The current version and its effective date are shown at the top of this page.
Continuing to use the Platform after accepting a new version means you are bound by it. If you do not accept a new version, you should stop using the Platform and contact your administrator.
14. Governing law and disputes
These Terms are governed by the laws of the Kingdom of Bahrain. The parties submit to the exclusive jurisdiction of the courts of the Kingdom of Bahrain, without prejudice to either party's right to seek injunctive relief in any competent court.
The parties will attempt to resolve any dispute in good faith, through escalation to senior representatives, before starting proceedings.
15. General
- Assignment. Neither party may assign these Terms without the other's written consent, except to a successor of substantially all of its business.
- Severability. If a provision is held unenforceable, the rest of the Terms remain in force.
- No waiver. A failure to enforce a provision is not a waiver of it.
- Entire agreement. These Terms, the Privacy Policy and any signed subscription agreement are the entire agreement between the parties on this subject.
16. Contact
Nudom Systems
Kingdom of Bahrain
Email: [email protected]
Support: [email protected]
Web: nudomsystems.com