Essaly Terms & Conditions
We started by rethinking the receipt, turning proof of purchase into searchable, useful data and real rewards. That foundation grew into a broader platform that helps retailers win loyalty, operate efficiently, and meet compliance with confidence.
Effective date: September 29, 2025
Applies to: Essaly’s products and services in the Kingdom of Saudi Arabia, including the Essaly mobile app (“Essaly App”) and Essaly POS (collectively, the “Services”). “Essaly,” “we,” “us,” and “our” refer to Essaly and its Saudi entities and branches.
If you are a merchant using Essaly POS, see Sections 11–14 (Merchant Terms).
If you use the Essaly App as a consumer, see Sections 6–10 (Consumer/App Terms).
1) Acceptance of Terms
By creating an account, installing or using any part of the Services, or clicking “I agree,” you accept these Terms & Conditions (“Terms”). If you do not agree, do not use the Services.
2) Eligibility
You must be legally capable under applicable Saudi law to use the Services. If you are using the Services on behalf of a business, you represent you have authority to bind that business to these Terms.
3) Changes to the Terms
We may update these Terms from time to time. We will indicate the effective date above and, for material changes, take reasonable steps to notify you (e.g., in-app or email). Continued use after changes constitutes acceptance.
4) Your Account
You are responsible for the accuracy of information provided, keeping your credentials secure, and all activity under your account. Notify us promptly of any unauthorized use.
5) Privacy
Our Privacy Policy explains how we collect, use, and share personal data. By using the Services, you agree to the Privacy Policy. Where consent is required, you may withdraw it at any time through available settings or by contacting support.
6) Consumer/App Terms (Essaly App)
6.1 Features
The Essaly App may provide: digital receipt storage, loyalty points and redemptions, targeted offers, purchase history, and optional notifications.
6.2 Loyalty & Offers
Loyalty points, vouchers, and offers are provided by participating merchants under their own rules and availability. Expiry dates, exclusions, or branch limitations may apply. Essaly may facilitate accrual/redemption but is not the seller of merchant offers.
6.3 Digital Receipts
Digital receipts reflect transaction information provided by merchants. For disputes about goods/services, contact the merchant first. Essaly is not a party to the sale between you and the merchant.
6.4 App Stores
If you downloaded the App from an app store (e.g., Apple App Store or Google Play), the store’s terms also apply. The store is not responsible for maintenance or support of the App.
6.5 Notifications & Preferences
You can manage marketing and system notifications within the App or device settings. Some service messages (e.g., security, receipt delivery) are necessary.
7) Acceptable Use
You agree not to misuse the Services, including by:
(a) breaching laws or regulations; (b) infringing IP or privacy rights; (c) introducing malware or interfering with security; (d) attempting to access non-public areas; (e) reverse engineering except to the extent permitted by law; (f) misrepresenting affiliation; or (g) using the Services to send spam or fraudulent communications.
8) Content & Feedback
You retain rights in content you submit. You grant Essaly a worldwide, royalty-free license to host, store, use, and display your content solely to operate and improve the Services. If you submit feedback, Essaly may use it without restriction or compensation.
9) Intellectual Property
The Services, including software, interfaces, logos, and content, are owned by Essaly or its licensors and are protected by law. No rights are granted except as expressly stated.
10) Suspension & Termination (Consumers)
We may suspend or terminate access if we reasonably believe: (a) you breached these Terms; (b) it’s needed for security, compliance, or legal reasons; or (c) you request deletion. You may stop using the App at any time. Some obligations survive termination (see Section 20).
11) Merchant Terms (Essaly POS)
11.1 Merchant Account & Verification
Provide accurate business, tax, and contact information. We may require documents for identity, ZATCA, or risk checks. You are responsible for staff access and role permissions.
11.2 POS Use & Compliance
You are responsible for your catalog, pricing, tax configuration, and legal compliance (including ZATCA e-invoicing rules). Essaly provides tools and configuration options; you must ensure your setup meets your legal obligations.
11.3 Receipts, Invoices & Records
Essaly POS generates receipts/e-invoices based on your configuration and data. You are responsible for the accuracy of line items, tax rates, and customer details. You must keep and export records as required by law.
11.4 Payments
Unless otherwise specified, Essaly is not a payments processor. Your payment processing agreements with banks or gateways govern settlement, fees, chargebacks, and disputes.
11.5 Loyalty & Offers
If enabled, loyalty accrual/redemption rules are set by you. You are responsible for the legality and fulfillment of offers and rewards. Essaly provides tooling and delivery through the App.
11.6 Exports & Reports
Reports are for informational purposes and may rely on data you input or third-party integrations. Validate reports before relying on them for filings or audits.
12) Fees & Taxes (Merchants)
Fees for Essaly POS are stated in your order form or agreement. Fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and government charges related to your purchases.
13) Service Levels & Support
- Availability: We aim for high availability; however, downtime may occur for maintenance, updates, or factors outside our control.
- Support: Channels and response targets are as specified in your plan or agreement.
- Updates: We may provide updates, improvements, or new features. Some features may require enabling or reconfiguration.
14) Integrations & Third-Party Services
The Services may integrate with third-party systems (e.g., payment gateways, SMS/email providers, accounting tools). Essaly is not responsible for third-party services or their availability. Your use of them is governed by their terms.
15) Data Location & Security
By default, personal data is retained and processed in KSA. If processing outside KSA is required for specific features, we will apply appropriate safeguards allowed by law. We implement administrative, technical, and physical measures designed to protect data; however, no method is 100% secure.
16) Warranties & Disclaimers
Except as expressly stated in a signed agreement, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, Essaly disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Essaly does not warrant that the Services will be uninterrupted, error-free, or that defects will be corrected.
17) Limitation of Liability
To the maximum extent permitted by law, Essaly will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenues, goodwill, data, or business interruption; or costs of substitute services. Essaly’s aggregate liability arising out of or relating to the Services will not exceed the amounts paid to Essaly for the Services giving rise to the claim during the 12 months preceding the event. Some jurisdictions do not allow certain limitations; these limits apply to the fullest extent permitted.
18) Indemnification
You agree to indemnify and hold harmless Essaly and its personnel from and against claims, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your misuse of the Services; (c) your products, services, content, data, or offers; or (d) disputes with your customers, staff, or vendors.
19) Termination
- By You: You may terminate at any time (subject to any minimum terms in your order form or agreement).
- By Essaly: We may terminate or suspend if you materially breach these Terms, fail to pay fees, or if required by law or for security reasons.
- Effect: Upon termination, your access ends. Export your data beforehand where available; we may retain certain records as required by law. Sections that by nature should survive (e.g., fees owed, IP, confidentiality, privacy, limitations, indemnities, and dispute resolution) will survive.
20) Force Majeure
Essaly is not liable for delay or failure caused by events beyond reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, utility failures, or widespread internet outages.
21) Confidentiality (Merchants)
Each party may access the other’s confidential information. The receiving party will protect it with at least the same care it uses for its own confidential information and not disclose it except to personnel and providers who need to know for legitimate purposes and are bound by confidentiality obligations.
22) Notices
We may provide notices via the Services, in-app, email, or your account dashboard. You agree to keep your contact details current. Legal notices to Essaly should be sent via the support/contact channel indicated on our website or within your account.
23) Governing Law & Jurisdiction
These Terms are governed by the laws of the Kingdom of Saudi Arabia. Courts located in Riyadh, KSA will have exclusive jurisdiction, without prejudice to any mandatory rights you have under applicable law.
24) Entire Agreement; Order of Precedence
These Terms, your order form(s), any DPA (if applicable), and referenced policies constitute the entire agreement for the Services and supersede prior or contemporaneous understandings. If there is a conflict, the following order applies: (1) order form(s); (2) DPA (for processing activities it governs); (3) these Terms; (4) referenced policies.
25) Definitions (Summary)
- App: the Essaly mobile application.
- Merchant: a business using Essaly POS.
- User: any person or entity using the Services (includes consumers and merchants).
- DPA: a data processing agreement governing processor activities where applicable.