Terms and Conditions
Najoomi Technologies (SMC-Pvt.) Ltd.
Effective Date: 5th April 2025
Last Updated: 5th April 2025
These Terms and Conditions (hereinafter referred to as "Terms") govern access to and use of the software platforms and services provided by Najoomi Technologies SMC-Pvt. Ltd., a company incorporated under the laws of the Islamic Republic of Pakistan, with its principal office at Block C-12, Street 43, G-7/4, Islamabad (hereinafter referred to as "Najoomi", "we", "our" or "us").
By accessing, registering for, or using our platforms QuickTalk, Xperia, or any associated service (hereinafter collectively, the "Services"), you (hereinafter referred to as "Customer", "Client", "User" or "you") agree to be bound by these Terms. If you do not agree, you must refrain from accessing or using the Services.
Definitions
For the purpose of these Terms, the following terms shall have the meanings set forth below:
- "Customer" or "User" means any individual or legal entity that accesses or uses the Services under an account, whether by direct agreement or self-registration.
- "Services" means all software-as-a-service (SaaS) platforms offered by Najoomi, including QuickTalk, Xperia, related APIs, portals, administrative dashboards, support, and any updates or new versions thereof.
- "Subscription" means the paid or free license provided to the Customer to access the Services during a defined term under agreed usage parameters.
- "Content" means any information, data, media, documentation, or communication created, uploaded, or transmitted by or on behalf of the Customer using the Services.
- "Terms" means these Terms and Conditions, as amended from time to time.
- "Force Majeure Event" means an event beyond a party's reasonable control, including but not limited to acts of God, war, strikes, natural disasters, governmental restrictions, and telecommunications failures.
Scope of Services
- Najoomi offers digital communication and productivity platforms provided solely through online access, subject to paid or authorized usage plans.
- The Services are licensed—not sold—and are provided on a subscription or custom contractual basis.
Eligibility and Registration
- You must be at least 18 years of age and legally capable of entering into contracts to use the Services.
- Registration information must be accurate, complete, and current. You are solely responsible for maintaining the confidentiality of account credentials.
License and Acceptable Use
Najoomi grants you a non-exclusive, non-transferable, revocable license to access and use the Services solely for internal, lawful, and authorized purposes.
You shall not:
- Resell, sublicense, or commercially exploit the Services without written authorization;
- Decompile, reverse engineer, or access source code;
- Transmit malware, excessive data, or offensive content;
- Use the Services in violation of applicable law or any third party's rights.
Payments and Billing
- Payment terms are as defined in your order form, service agreement, or invoice.
- Najoomi may suspend access for non-payment or failed transactions. All fees are exclusive of taxes unless stated otherwise.
Modifications and Upgrades
- Najoomi may enhance or modify Services at any time, provided such changes do not materially reduce core functionality.
- Material changes will be communicated in advance where practicable.
Intellectual Property Rights
- All rights, title, and interest in the Services, including trademarks, software, documentation, and underlying code, remain with Najoomi.
- Customers retain ownership of their own content and data uploaded to the platform.
Data Privacy
- Najoomi's collection and processing of personal data is governed by its Privacy Policy, which forms part of these Terms.
- By using the Services, you consent to such collection, storage, and use of your data in accordance with the Privacy Policy.
Termination and Suspension
- Najoomi may suspend or terminate access with or without notice for any breach of these Terms or misuse of the Services.
- Customers may cancel their subscriptions by written notice, subject to the terms of any applicable agreement.
Disclaimers
- The Services are provided "as is" and "as available." Najoomi disclaims all warranties—express or implied—including merchantability and fitness for a particular purpose.
- Najoomi does not guarantee that the Services will be error-free, uninterrupted, or meet your expectations.
Limitation of Liability
- In no event shall Najoomi be liable for indirect, incidental, special, or consequential damages, including but not limited to lost profits or data.
- Najoomi's aggregate liability under these Terms shall not exceed the fees paid by the Customer in the three (3) months preceding the event giving rise to the claim.
Indemnification
You agree to indemnify and hold harmless Najoomi and its directors, employees, agents, and affiliates from any claims or liabilities arising from:
- Your breach of these Terms;
- Your misuse of the Services;
- Your violation of any applicable laws or third-party rights.
Force Majeure
Najoomi shall not be liable for delays or failures in performance resulting from Force Majeure Events.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the Islamic Republic of Pakistan. Any dispute shall be subject to the exclusive jurisdiction of the courts of Islamabad, Pakistan.
Entire Agreement and Severability
- These Terms, together with the Privacy Policy and any separate written agreement or order form, constitute the entire agreement between you and Najoomi.
- If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Amendments
Najoomi reserves the right to update these Terms at any time. Notice of material amendments shall be provided via email or platform notification. Continued use of the Services following any updates constitutes your acceptance of the revised Terms.
Contact Us
For legal notices or general inquiries, please contact:
Legal & Compliance Department
Najoomi Technologies SMC-Pvt. Ltd.
Email: Hello@najoomi.ai
Address: Block C-12, Street 43, G-7/4, Islamabad