TERMS AND CONDITIONS FOR "GÂTAGE" MOBILE APP Effective date: 1st October 2023 Section 1: Introduction 1.1 Purpose of the Terms and Conditions This document ("Terms") governs your use of the "GÂTAGE" mobile application ("App"), a specialized platform designed for the purchase of cakes, flowers, and additional gifts like balloons and candles, owned and operated by Ehada Sweet Company ("Company," "We," "Us," "Our"). 1.2 Acceptance of Terms By downloading, accessing, or using the App, you expressly acknowledge and agree to be bound by these Terms. Non-acceptance of any of the Terms will result in the immediate termination of your access to the App. 1.3 Modifications to Terms We reserve the right to amend, update, or alter these Terms at any time. Such modifications will be effective immediately upon posting. Your continued use of the App following any modification signifies your acceptance thereof. Section 2: Definitions 2.1 Definitions of Key Terms • "User" refers to any individual who downloads, accesses, or uses the App. • "Content" encompasses all text, graphics, user interfaces, and other material available through the App. • "Services" denotes the functionalities provided by the App, including the sale and delivery of cakes, flowers, and additional gifts. Section 3: User Eligibility 3.1 Age Requirements The App is intended for use by individuals who are at least 18 years of age. By using the App, you represent that you meet this age requirement. 3.2 Geographical Limitations The App is designed exclusively for residents of the Kingdom of Saudi Arabia ("KSA"). Access to the App from territories where its contents are illegal is prohibited. Section 4: User Account 4.1 Account Creation To avail of the Services, you must register for an account using your first name, last name, email, password, and phone number. You agree to provide accurate, current, and complete information during the registration process. 4.2 Account Security You are solely responsible for safeguarding your account credentials. You must immediately notify us of any unauthorized use of your account. 4.3 Account Termination We reserve the right to suspend or terminate your account without notice if you violate these Terms or engage in conduct that we deem harmful to the App, its users, or third parties, or for any other reason we find justifiable. Section 5: Use of Services 5.1 Permitted Uses You are authorized to use the App for personal, non-commercial purposes. You may browse the App, place orders, and make payments in accordance with these Terms. 5.2 Prohibited Uses You are expressly prohibited from: • Using the App for any form of harassment or illegal activity. • Attempting to hack, destabilize or adapt the App's source code. Section 6: Content 6.1 User-Generated Content You may be able to upload reviews or comments. You are solely responsible for the content you upload and agree to not post content that violates any law or these Terms. 6.2 Company Content All content generated by us, including but not limited to text, logos, icons, and images, is our property and is protected under KSA intellectual property laws. 6.3 Intellectual Property All intellectual property rights, including copyrights, patents, patent disclosures, and inventions, whether patentable or not, in the App, are owned by Ehada Sweet Company. Section 7: Payments and Refunds 7.1 Payment Methods Payments must be made through the payment gateways provided in the App. We accept multiple forms of payment, including credit cards and digital wallets, all of which are to be made in Saudi Riyal (SAR). 7.2 Refund Policy Please refer to the Refund Policy for more information on this section. Section 8: Third-Party Services 8.1 Integration with Flutter and Firebase The App is built on the Flutter framework and utilizes Firebase for backend services. By using the App, you acknowledge that you are also bound by the Terms and Conditions of these third-party services. 8.2 Social Media Sharing The App provides functionalities for sharing content on social media platforms like Facebook and Instagram. You agree to adhere to the terms and policies of these third-party platforms when sharing content from the App. Section 9: Geo-Location 9.1 Geo-Location Services The App utilizes geo-location services to provide a personalized user experience, such as suggesting nearby shops for your orders. By using the App, you consent to the activation of this feature and the collection of your location data. Section 10: Data Storage and Security 10.1 Cloud Storage Your data, including but not limited to your order history and payment details, is securely stored on cloud servers compliant with high-level security standards. 10.2 Security Measures We employ a range of security measures, including but not limited to data encryption, strict access controls, and regular security audits, to protect your data against unauthorized access, alteration, or destruction. Section 11: Advertising and Monetization 11.1 Gift Products The App primarily monetizes through the sale of specialized gift products, including cakes, flowers, and additional gifts like balloons and candles. All products are subject to availability and pricing changes. 11.2 Offer Wall The App may feature an "Offer Wall" that presents special promotions or sponsored content. We are not responsible for any third-party content displayed on the Offer Wall, and your engagement with such is at your own risk. Section 12: Push Notifications 12.1 User Consent for Notifications By using the App, you agree to receive push notifications related to your orders, promotions, and updates. You may manage or opt-out of receiving these notifications through your device settings. Section 13: User Data 13.1 Data Collection The App collects specific types of data, including your first name, last name, email, password, and phone number, for the purpose of account creation and personalization of services. 13.2 Data Usage The collected data will be used for various purposes, including but not limited to, order processing, customer service, and targeted promotions. Your data will not be sold or shared with third parties for unrelated purposes. Section 14: Legal Compliance 14.1 Compliance with KSA Laws The App is developed and operated in compliance with the laws and regulations of the Kingdom of Saudi Arabia. You agree to use the App in a manner that adheres to these laws, including but not limited to data protection and consumer rights laws. Section 15: Dispute Resolution 15.1 Governing Law These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any disputes arising out of or in connection with these Terms shall be resolved in accordance with KSA law. Section 16: Limitation of Liability 16.1 Liability Caps To the extent permitted by law, the Company's liability for any claim arising out of or in connection with the App shall be limited to the amount you have paid for using the App's services. Section 17: Indemnification 17.1 User Indemnification You agree to indemnify and hold harmless Ehada Sweet Company, its directors, employees, and agents from any claims, losses, damages, or expenses, including legal fees, arising out of your violation of these Terms, your use of the App, or your violation of any rights of a third party. Section 18: Termination 18.1 Grounds for Termination We reserve the right to terminate or suspend your account and access to the App for conduct that we believe violates these Terms or is harmful to other users of the App, us, or third parties, or for any other reason. 18.2 Consequences of Termination Upon termination, you will lose all access to the App and any user data or content that you have created may be deleted by us. We will not be liable for any loss of data or transactions resulting from such termination. Section 19: Miscellaneous 19.1 Entire Agreement These Terms, along with any additional terms or policies referenced herein, represent the entire agreement between you and Ehada Sweet Company and govern your use of the App. 19.2 Severability If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. Section 20: Contact Information 20.1 Company Contact Details For any questions or concerns regarding these Terms or the App, you may contact Ehada Sweet Company at the following email address: [Insert Email Address]. Section 21: Emergency Provisions 21.1 Force Majeure Neither party shall be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond reasonable control, including but not limited to natural disasters, acts of God, or government actions. 21.2 Business Transfers In the event that Ehada Sweet Company is involved in a merger, acquisition, or sale of all or a portion of its assets, your personal information may be transferred as part of that transaction. Section 22: User Feedback 22.1 Feedback and Reviews You may be able to submit feedback and reviews about the App. By submitting such feedback, you grant us the right to use, display, and distribute it for any purpose. Section 23: Accessibility 23.1 Accessibility Features The App aims to be accessible to as many users as possible, including those with disabilities. If you encounter any issues with accessibility, please contact us. Section 24: Special Offers and Promotions 24.1 Terms for Special Offers From time to time, we may offer special promotions or discounts. The specific terms and conditions for such offers will be stated at the time of the promotion and will apply in addition to these Terms. Section 25: Final Provisions 25.1 Effective Date These Terms are effective as of 1st October 2023 and will remain in effect until updated or amended by us. 25.2 Acknowledgment of Understanding By using the App, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. REFUND POLICY FOR "GÂTAGE" MOBILE APPLICATION BY EHADA SWEET COMPANY Effective date: 1st October 2023 Section 1: Introduction 1.1 Purpose of the Refund Policy This Refund Policy ("Policy") is designed to inform you ("User," "You," "Your") of your rights and responsibilities concerning refunds when utilizing the services and products offered by the "GÂTAGE" mobile application ("App," "We," "Us," "Our"). This Policy outlines the conditions under which refunds are granted and the procedures to be followed for initiating a refund request. 1.2 Scope and Applicability This Policy applies to all transactions made through the App, including but not limited to, the purchase of goods, subscription services, and gift products. By engaging in any transactional activity on the App, you hereby agree to be bound by the terms and conditions set forth in this Policy. 1.3 Acceptance of Refund Policy Your use of the App constitutes your explicit acceptance of this Policy. If you do not agree with any part of this Policy, you are advised to refrain from using the App and its services. Section 2: Legal Framework 2.1 Compliance with KSA Laws This Policy is formulated in compliance with the laws and regulations governing consumer rights and e-commerce in the Kingdom of Saudi Arabia ("KSA"). We adhere strictly to the stipulations set forth by the Saudi Ministry of Commerce and Investment, as well as other relevant regulatory bodies. 2.2 Other Applicable Regulations In addition to KSA laws, this Policy is designed to be in compliance with other international laws and regulations that may be applicable, depending on the jurisdiction of the User. Section 3: Definitions 3.1 Definition of "Unready Products" For the purposes of this Policy, "Unready Products" refer to items that have not been prepared, assembled, or made available for pickup or delivery within the timeframe explicitly stated at the time of purchase. 3.2 Definition of "Subscriptions" "Subscriptions" refer to recurring payment plans for services or products offered through the App, which may include but are not limited to, premium features, monthly gift boxes, or any other services that require periodic billing. 3.3 Definition of "Gift Products" "Gift Products" refer to special items such as cakes, flowers, balloons, candles, and acrylics that are offered as gifts and may be subject to special terms and conditions different from regular products. Section 4: Refund Eligibility 4.1 Conditions for Refund on Unready Products Refunds for Unready Products will be granted under the following conditions: • The product was not made available within the stipulated timeframe. • The User has not violated any terms and conditions that may void the refund. 4.2 Conditions for Refund on Subscriptions Refunds for Subscriptions will be granted under the following conditions: • The User cancels the subscription within a cooling-off period, as defined by applicable law. • The services under the subscription have not been rendered or utilized by the User. 4.3 Conditions for Refund on Gift Products Refunds for Gift Products will be granted under the following conditions: • The Gift Product was not delivered to the recipient. • The Gift Product was damaged or defective upon receipt. Section 5: Refund Process 5.1 How to Request a Refund To initiate a refund, the User must contact our Customer Service Department through the contact information provided in Section 9 of this Policy. The User must provide all necessary details, including the order number, reason for the refund, and any supporting documentation. 5.2 Documentation Required Depending on the nature of the refund request, the User may be required to provide additional documentation such as photographs of damaged products, email correspondence, or any other evidence that supports the refund claim. 5.3 Refund Review Process Upon receipt of the refund request and all required documentation, our Customer Service Department will review the claim and issue a decision within a reasonable timeframe, not exceeding 14 business days. The User will be notified of the decision via email or other contact methods provided. Section 6: Refund Methods 6.1 Refund to Original Payment Method Refunds will be processed to the original method of payment used during the transaction. This includes, but is not limited to, credit cards, debit cards, and digital wallets. The refund will be initiated within 7 business days following the approval of the refund request. 6.2 Store Credit Option As an alternative to a refund to the original payment method, Users may opt to receive store credit equivalent to the value of the refund. Store credit will be issued immediately upon approval of the refund request and can be used for future purchases on the App. 6.3 Timeframe for Processing Refunds Refunds to the original payment method will be processed within 7 to 14 business days, depending on the policies of the financial institution involved. Users will be notified via email once the refund has been initiated. Section 7: Subscription-Specific Refunds 7.1 Cancellation Policy Users may cancel their subscription at any time through the App's user interface. However, refunds for subscription cancellations will only be granted within a cooling-off period, as defined by applicable law. 7.2 Renewal and Opt-Out Subscriptions will automatically renew at the end of each billing cycle. Users will be notified via email at least 7 days before the renewal date. Users may opt-out of automatic renewal by following the instructions provided in the notification email. 7.3 Prorated Refunds In exceptional cases, prorated refunds may be granted for subscription services that have been partially utilized. The prorated amount will be calculated based on the remaining unused period of the subscription. Section 8: Exceptions and Limitations 8.1 Non-Refundable Items Certain items and services are non-refundable, as explicitly stated at the time of purchase. This includes, but is not limited to, discounted items, promotional offers, and digital products. 8.2 Special Promotions and Discounts Items purchased under special promotions or discounts may be subject to separate refund conditions, which will be explicitly stated at the time of purchase. 8.3 Legal Exceptions Refunds will not be granted in cases where the User has violated the App's Terms and Conditions or any applicable laws, rendering the refund void. Section 9: Contact Information 9.1 How to Contact Us for Refund-Related Queries For any questions or concerns related to refunds, Users may contact our Customer Service Department at [Insert Contact Information]. Section 10: Amendments and Updates 10.1 Notification of Changes to Refund Policy We reserve the right to amend or update this Refund Policy at any time. Users will be notified of any changes via email or through notifications within the App. 10.2 Effective Date of Changes Any changes to this Refund Policy will become effective immediately upon posting on this page. PRIVACY POLICY Effective date: 1st October 2023 Section 1: Introduction 1.1 Purpose of the Privacy Policy This Privacy Policy ("Policy") outlines the types of data collected by the "GÂTAGE" mobile application ("App"), owned and operated by Ehada Sweet Company ("Company," "We," "Us," "Our"), and how this data is used, stored, and protected. 1.2 Scope and Applicability This Policy applies to all users ("You," "Your") who download, access, or use the App. It covers both personal and non-personal data collected through the App. 1.3 Acceptance of Privacy Policy By using the App, you consent to the collection, use, and disclosure of your data as described in this Policy. If you do not agree with the terms of this Policy, please do not use the App. Section 2: Legal Framework 2.1 Compliance with KSA Laws 2.1.1 Data Protection Laws The App is developed and operated in compliance with the data protection and privacy laws of the Kingdom of Saudi Arabia (KSA). This includes adherence to the principles of data minimization, purpose limitation, and lawful processing. 2.1.2 Consumer Protection The App also complies with KSA consumer protection laws, ensuring transparent and fair practices in the collection and use of consumer data. 2.2 Compliance with GDPR 2.2.1 Lawful Basis for Processing For users residing within the European Union, the App identifies the lawful basis for data processing as per Article 6 of the GDPR. 2.2.2 Data Subject Rights The App respects the data subject rights under GDPR, including the right to access, rectify, and delete personal data, as well as the right to data portability and to object to data processing. 2.2.3 Data Protection Impact Assessment We conduct regular Data Protection Impact Assessments (DPIAs) to evaluate how personal data is processed, ensuring that it is in line with the privacy by design and privacy by default principles of the GDPR. 2.3 Compliance with US Privacy Laws 2.3.1 Federal Laws For users residing in the United States, the App complies with federal privacy laws such as the Federal Trade Commission Act (FTC Act) by maintaining fair and transparent privacy practices. 2.3.2 State Laws The App also aims to comply with state-specific laws, including the California Consumer Privacy Act (CCPA), by providing California residents with additional rights and disclosures. 2.4 Other Applicable Regulations 2.4.1 Global Compliance The App aims to comply with other international privacy laws applicable to its operations and user base, including but not limited to, the Personal Data Protection Act (PDPA) for users in Singapore and the Lei Geral de Proteção de Dados (LGPD) for users in Brazil. 2.4.2 Updates and Amendments We commit to regularly updating our privacy practices to stay compliant with any changes or amendments to these laws. Section 3: Data Controller 3.1 Identification of Data Controller The data controller responsible for your personal data is Ehada Sweet Company, with its registered office located at [Insert Address]. Section 4: Types of Data Collected 4.1 Personal Data The App collects personal data such as your first name, last name, email address, password, and phone number for account creation and service personalization. 4.2 Non-Personal Data The App may also collect non-personal data like device information, usage statistics, and geo-location data. Section 5: Methods of Data Collection 5.1 Direct Collection Data like your name, email, and phone number are collected directly when you create an account or make a purchase on the App. 5.2 Indirect Collection Data may also be collected indirectly through third-party services integrated into the App, such as Firebase and social media platforms. Section 6: Purpose of Data Collection 6.1 Account Creation Your personal data is collected to facilitate the creation of your user account, enabling you to access various features of the App. 6.2 Personalization of Services Data is also collected to personalize your experience, including but not limited to, product recommendations and targeted promotions. 6.3 Other Purposes Your data may also be used for other purposes, such as customer service, security, and compliance with legal obligations. Section 7: Data Processing and Storage 7.1 Data Processing Your data is processed in a manner that ensures its security and confidentiality, in compliance with applicable laws. 7.2 Data Storage Data is securely stored on cloud servers that employ high-level security measures, including data encryption and regular security audits. 7.3 Security Measures We implement a variety of security measures, including but not limited to, data encryption, strict access controls, and security awareness training to ensure the safety of your data. Section 8: Third-Party Services 8.1 Integration with Flutter and Firebase The App is built on the Flutter framework and utilizes Firebase for backend services. By using the App, you acknowledge that you are also bound by the Terms and Conditions of these third-party services. 8.2 Social Media Sharing The App provides functionalities for sharing content on social media platforms like Facebook and Instagram. You agree to adhere to the terms and policies of these third-party platforms when sharing content from the App. Section 9: Geo-Location 9.1 Geo-Location Services The App utilizes geo-location services to provide a personalized user experience, such as suggesting nearby shops for your orders. By using the App, you consent to the activation of this feature and the collection of your location data. Section 10: Data Storage and Security 10.1 Cloud Storage Your data, including but not limited to your order history and payment details, is securely stored on cloud servers compliant with high-level security standards. 10.2 Security Measures We employ a range of security measures, including but not limited to data encryption, strict access controls, and regular security audits, to protect your data against unauthorized access, alteration, or destruction. Section 11: Advertising and Monetization 11.1 Gift Products The App primarily monetizes through the sale of specialized gift products, including cakes, flowers, and additional gifts like balloons and candles. All products are subject to availability and pricing changes. 11.2 Offer Wall The App may feature an "Offer Wall" that presents special promotions or sponsored content. We are not responsible for any third-party content displayed on the Offer Wall, and your engagement with such is at your own risk. Section 12: Push Notifications 12.1 User Consent for Notifications By using the App, you agree to receive push notifications related to your orders, promotions, and updates. You may manage or opt-out of receiving these notifications through your device settings. Section 13: User Data 13.1 Data Collection The App collects specific types of data, including your first name, last name, email, password, and phone number, for the purpose of account creation and personalization of services. 13.2 Data Usage The collected data will be used for various purposes, including but not limited to, order processing, customer service, and targeted promotions. Your data will not be sold or shared with third parties for unrelated purposes. Section 14: Children’s Privacy 14.1 Age Limitations The App is not intended for use by individuals under the age of 18. We do not knowingly collect personal data from children under 18. 14.2 Parental Consent If we learn that we have collected personal data from a child under 18 without parental consent, we will take steps to delete such information from our records. Section 15: Data Breach Response 15.1 Notification Procedures In the event of a data breach that affects your personal data, we will notify you and the relevant authorities as required by law. 15.2 Remedial Actions We will take appropriate remedial actions to mitigate the impact of any data breach, including informing affected users and implementing additional security measures. Section 16: International Data Transfers 16.1 Data Transfer Mechanisms We may transfer your data to countries outside your jurisdiction. We will take appropriate measures to ensure the security of these transfers in compliance with applicable laws. 16.2 Safeguards We use standard contractual clauses and other legal mechanisms to safeguard international data transfers. Section 17: Changes to Privacy Policy 17.1 Notification of Changes We reserve the right to update this Privacy Policy at any time. We will notify you of any changes by posting the new Privacy Policy on this page. 17.2 Effective Date Changes to this Privacy Policy are effective when they are posted on this page. Section 18: Dispute Resolution 18.1 Governing Law This Privacy Policy is governed by the laws of the Kingdom of Saudi Arabia, without regard to its conflict of law principles. Section 19: Contact Information 19.1 How to Contact Us For any questions or concerns about this Privacy Policy, you may contact us at [Insert Contact Information].