Terms of Service
ALHISAB Inc. (“Alhisab”, “we”, “us”, and terms of similar meaning) provides this website [www.Alhisab.app] and the services provided by or through this website (collectively, the “Services”) subject to these terms and conditions of use. These terms and conditions of use, together with the Alhisab Privacy Policy (collectively, the “Terms”), govern your use of this website and the Services.
In these Terms, we call this website, any successor websites (together, the “Site”) and the software we provide the “Application”. The Application includes using the Alhisab API and the Alhisab API by third parties authorized through your Alhisab account to use your User Content (as defined below) through the Alhisab API.
We refer to the services provided by or through the Application as the “Services”. Users of the FB Pay service agree and are bound by the WePay Terms of Service , and for users of the Alhisab Card Reader, “Services’ ‘ includes the services provided by or through the Card Reader. Users of the Alhisab Card Reader also agree to and are bound by our Alhisab Card Reader and Card Transactions Terms of Use, which are available here. By accepting these Terms, you authorize us to store payment credentials, send payment instructions to the issuing bank, and take payment (one-time or recurring) from a user’s credit/debit/bank account.
Alhisab may also provide other websites and software, including, without limitation, freeinvoicecreator.com and the services provided by or through such websites and software. These Terms also apply to the websites, programs, and services that are included in the definitions of “site,” “application,” and “services” for purposes of these Terms (and the Alhisab Privacy Policy referred to in Section 1 below).
Please read these and the Connected Bank Account Terms carefully before using the Services. By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. You may not use the Services if you disagree with being bound by these Terms.
Alhisab reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information if any, or we will post a notice in the Application.
You should, from time to time, review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. Unless specified, any changes or modifications will be effective immediately upon posting the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. Your Terms will always show the ‘last updated date at the top.
You must stop using the Services if you do not agree to the modified Terms. You can cancel your account with us without further obligation, except for the amount due for the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have questions about the Terms, please email us at contact@alhisab.app.
In these Terms, our customers and the persons to whom they give “staff” or “advisor” access to their alhisab account are called “Subscribers”, and our customers’ customers who use the Services (for example, to view or pay Subscribers’ invoices) are called “Customers”. In these Terms, users of the Services, whether they are Subscribers, Customers, members of the Alhisab forum, people who post comments on the Alhisab blog, or casual browsers of the Site, are called “Users”.
The Services are for your use only. You may not resell, lease or provide them in any other way to anyone else except as expressly permitted through the Application.
The Services are not intended to be used by children. You must be eighteen (18) years old to use the Services. If we determine that a User is under eighteen (18), we will terminate that User’s use of the Services.
1. Privacy Policy
By using Alhisab’s Services, you consent to the collection, use, and disclosure of your personally identifiable information in accordance with our Privacy Policy, which is available on our website. We strive to ensure that your personal information is secure and handled according to our standards.
These Service Terms incorporate the Data Processing Agreement (“DPA”), when the GDPR applies to your use of the Alhisab Services to process Customer Data (as defined in the DPA).The DPA is effective as of Apr 29, 2021 and replaces and supersedes any previously agreed data processing addendum between you and Alhisab relating to Regulation (EU) 2016/679 and/or the Directive 95/46/EC.
You agree that Alhisab may collect, use, and disclose Usage Data in order to support, maintain, and improve its Application, and to enforce its rights under the Terms. You consent to Alhisab’s collection, use, and disclosure of such Usage Data for these purposes. You also represent and warrant that you have obtained the consent of any individuals to whom such Usage Data relates to Alhisab’s collection, use, and disclosure of such Usage Data, or that the consent of any such individuals is not required to be obtained under applicable law.
2. Registration Data; Account Security
You agree that Alhisab may collect, use, and disclose Usage Data in order to support, maintain, and improve its Application, and to enforce its rights under the Terms. You consent to Alhisab’s collection, use, and disclosure of such Usage Data for these purposes. You also represent and warrant that you have obtained the consent of any individuals to whom such Usage Data relates to Alhisab’s collection, use, and disclosure of such Usage Data, or that the consent of any such individuals is not required to be obtained under applicable law.
You are solely responsible for keeping your access credentials (such as passwords, API keys or other information required to access the Service) secure and confidential. You must inform Alhisab immediately if you suspect any unauthorized use of your credentials. All activity and charges incurred on your Alhisab account are your responsibility. The access credentials are the property of Alhisab and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, if you violate the Terms or if Alhisab terminates the API Terms.
Further, as a condition of using the Services, you must:
- not attempt to undermine the security or integrity of Alhisab’s computing systems or networks or, where the Application or Services are hosted by a third party, that third party’s computing systems and networks;
- not use, or misuse, the Application or Services in any way which may impair the functionality of the Application, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Application;
- not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Application or Services are hosted;
- not use the Services or Applications to transmit any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.
3. Fees; Charges; Taxes
Subscription fees and any other charges related to the use of the Application may be subject to change. We will provide you with at least 30 days’ notice of any changes. Your continued use of the Application after the effective date of the change indicates your agreement with the new fees and charges. Any changes to fees and other charges will not apply to the billing period in which the change occurs. Fees for payment transactions may also be subject to change without notice, unless otherwise prohibited, at the discretion of our payment platform partners. The most up-to-date pricing information can be found on our website.
All “snail mail” postage stamps purchased are non-transferable and non-refundable. You will not receive repayment for stamps you do not use.
Although we take great care in the production of the Site and describing the Services, typographical, illustrative or pricing errors may occur. We reserve the right to correct any errors at any time. All prices are quoted in United States Dollars and, unless stated otherwise, are quoted before any shipping charges, GST, PST, QST, HST or other applicable taxes are added. These taxes will be added to the quoted price and itemized separately. You are responsible for any taxes that may apply to the fees and charges in the applicable jurisdiction.
4. Ownership, Copyright and Trademarks
The Content available through the Services comprises information, data, logos, marks, designs, graphics, pictures, sound files, and other files, which are all arranged in a particular way. User Content, which comprises of data provided by Subscribers, Customers, and other Users (e.g. data about its Customers and timesheet entries provided by a Subscriber or data about payments provided by a Customer) as well as Content entered into the Alhisab forum or as a comment on the Alhisab blog, is also considered part of the Content.
User Content is that User’s property. Alhisab’s only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 17 of these Terms.
Other than User Content, all Content, software, and Services related to or used in the creation and operation of Alhisab (including, but not limited to, the Application and the Alhisab API) are the property of Alhisab or its licensors, and are protected by Canadian and international copyright laws. All rights to the Services, Content, and software are expressly reserved. All trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners. Mention of any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Alhisab.
You are solely responsible for all of your User Content. We are not responsible or liable for any User Content, nor for any loss or damage it may cause. We may, but are not obligated to, remove, screen, or edit your User Content at any time and for any reason, without notice. It is your responsibility to maintain copies of and replace any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, including through the Alhisab API, you agree that we are allowed to provide them with the User Content and that we have no responsibility or liability for their use of such User Content.
5. Your Limited License of Your User Content to Alhisab
We do not claim any ownership interest in your User Content, but we do need the right to use it for the purpose of operating the Site and providing the Services, now and in the future. For example, if you leave comments on the Alhisab blog or posts on the Alhisab forum, we need your permission to display that User Content on the Services, and we also need the right to grant other Users access to that User Content. If you are a Subscriber and enter timesheet data in relation to a Customer, and configure your account to display timesheet data to your Customers, we need your permission to use that User Content for the operation of the Services, and we need the right to grant your Customers access to that User Content for that purpose.
By posting or distributing User Content to or through the Services, you grant Alhisab and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, for the purposes for which the Services use them. Furthermore, you represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense your User Content to other Users for their use in connection with their use of the Services, if your User Content is intended for the use of other Users (e.g. if you issue invoices to Customers or authorize third parties to access your User Content through the Alhisab API). This is as described in these Terms.
You retain the right to use your User Content elsewhere, and we are not required to pay you any royalties for its use on the Services. We may also transfer these non-exclusive, royalty-free licenses to any successor operator of the Services. Furthermore, our right to modify, adapt, translate, and create derivative works from your User Content is necessary for the normal operation of the Services.
6. Our Limited License of Content to You
Alhisab grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
Unless expressly and specifically allowed in this Agreement, any use of any Content without the prior written permission of its rightful owner is strictly prohibited. This will void the license granted here, terminate the Agreement, and cancel your account with us. Unauthorized use may also be a violation of applicable laws, such as copyright and trademark laws. This Agreement does not grant any license to intellectual property rights, by implication or otherwise. Alhisab reserves the right to revoke the license in this Section at any time.
You guarantee that your use of the Services and the Content will be in accordance with this license and will not violate or infringe the rights of any other person or breach any contract or legal obligation to any other parties, or violate any applicable law in Canada, the United States, or any other country in which you are using the Services. These laws include economic sanctions. “Economic sanctions” refers to United Nations Security Council Resolutions that require countries to restrict or prohibit business activities with certain foreign states, entities, individuals, and non-state actors, as well as laws, regulations, and policies that restrict or prohibit business activities with certain foreign states, individuals, entities, and non-state actors.
To request permission for uses of Content not included in this license, you may contact Alhisab at the address set out at the bottom of these Terms.
7. Providing a Reliable and Secure Service
We are committed to reliability and security, and strive to make sure our service never fails and is a safe place for your data. To achieve this, we utilize top-notch hosting services and security technologies. For more information on these technologies, please visit our website.
For example, to safeguard credit card information, Alhisab handles all cardholder data (credit card number, cardholder name, expiration date, service code) in a secure manner that is consistent with the PCI DSS requirement. We use restrictive firewalls to protect stored data and use 256 bit SSL certificates to encrypt data transferred between you and the Services.
When using Alhisab, you accept the risks that come with using the Internet, as it is an inherently insecure medium. Additionally, the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be fully assured. Those who choose to enable auto-billing and store their customers’ credit card information are further accepting these risks to the security of this data. If you choose to do so, you acknowledge that you are aware of and accept Alhisab’s credit card protection procedure. Ultimately, Subscribers and their Customers are responsible for the protection of their credit card data.
Alhisab provides the Alhisab API to facilitate the integration of its Services with other services on the Internet. However, if you choose to grant a third party access to your User Content through the Alhisab API, we cannot be held accountable for how that third party will use your User Content.
8. Advertisements and Promotions
Alhisab may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Alhisab , and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Alhisab is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
9. Electronic Signature
Alhisab requires your consent to use your electronically recorded signature in the Application. Your electronically recorded signature will constitute your acknowledgment that you accept the terms herein and will be used to create a legally binding agreement.
This recorded confirmation by you will constitute your signature.
10. Warranty Disclaimer
YOUR USE OF THE SITE, SERVICES, SOFTWARE (INCLUDING WITHOUT LIMITATION, THE APPLICATION AND THE ALHISAB API), AND CONTENT (COLLECTIVELY, THE “ALHISAB SOLUTION”), AND ANY THIRD PARTY MATERIALS OR THIRD PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALHISAB , ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE ALHISAB SOLUTION OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR WILL (A) BE FIT FOR A PARTICULAR PURPOSE, (B) BE OF GOOD TITLE, (C) BE OF MERCHANTABLE QUALITY; OR THEY DO NOT OR WILL NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE ALHISAB SOLUTION. ALHISAB , ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE ALHISAB SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.
SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
ALHISAB , ITS SUBSIDIARIES AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
11. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Alhisab, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Alhisab Solution or any Third Party Materials or Third Party Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Alhisab Solution or any Third Party Materials or Third Party Services. You use the Alhisab Solution or any Third Party Materials or Third Party Services at your own risk.
Without limitation of the foregoing, neither Alhisab nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Alhisab Solution or any Third Party Materials or Third Party Services, including without limitation any damages caused by or resulting from your reliance on the Alhisab Solution or any Third Party Materials or Third Party Services or other information obtained from Alhisab or any other Released Party or accessible via the Alhisab Solution or any Third Party Materials or Third Party Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Alhisab or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Alhisab , whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Alhisab Solution exceed any compensation paid by you for access to or use of the Alhisab Solution during the three months prior to the date of any claim. In no event shall Alhisab have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of any Third Party Materials or Third Party Services.
You shall defend, indemnify and hold harmless Alhisab and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Alhisab Solution or any Third Party Materials or Third Party Services, and if you are a Subscriber, from your Customers’ use of the Services and from the use of the Alhisab Solution or any Third Party Materials or Third Party Services by any person to whom you give access to your account (including staff or advisors), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). Alhisab reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by Alhisab in the defense of any Indemnified Claims.
12. Communications
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
Subject to the Privacy Policy, if you send to Alhisab or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Alhisab can use the User Submissions without acknowledgment or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.
If you have any questions regarding privacy, please read our privacy policy.
13. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Alhisab reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof and the rights of any third party to which you have granted access to your User Content through the Alhisab API; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access to your User Content through the Alhisab API; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
14. Inactive Accounts; Termination of Agreement
If your account is inactive for at least two months (as determined by Alhisab), we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at contact@alhisab.app . Alhisab reserves the right to charge a data storage fee for storage of the information associated with deactivated accounts. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and Alhisab may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. When your Alhisab account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 4, 9, 10, 12, 14, 16, 18, and 19, and any representation or warranty you make in these Terms, shall survive indefinitely.
15. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Alhisab may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Alhisab, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Alhisab regarding your use of the Site, the Content, the Add-ons and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Alhisab regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only.
16. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Alhisab
House 1, Road 2, Metro Housing
Boshila, Mohammadpur
Dhaka, Bangladesh
(+880) 1877756677
Contact@alhisab.app
