3.1. Establishment/Establishment: "Qader 3aididak Alali Establishment", registered in the Kingdom of Saudi Arabia, referred to in this document as the "Establishment" or the "Establishment," and the pronouns "We/Us/Ours" refer to it.
3.2. Platform/Service: All digital products and services provided by the Establishment, including websites, applications, APIs, artificial intelligence tools, dashboards, content, related features, and technical support, as available from time to time.
3.3. Educational Institution: Any school, educational institution, or professional entity that contracts for subscriptions on behalf of its students/members, whether as a data controller or processor, as determined by the Data Processing Addendum (DPA).
3.4. Intellectual Property Rights: All rights legally protected, including copyright and neighboring rights, database rights, trademarks, trade names, designs, patents, and trade secrets, registered and unregistered, as detailed in their respective clauses.
3.5. User: Any natural or legal person who uses the Platform or creates an account on it, includes — depending on context —:
3.6. Student: The minor or adult user who uses the Platform for learning/training purposes, whether through an individual subscription or via an educational institution.
3.7. Guardian: The person legally authorized to supervise and represent the minor and grant necessary consents, including registration and withdrawal of consents according to the controls set forth in these Terms and the DPA.
3.8. Teacher: A user authorized by the educational institution to manage classes/student groups and view performance reports within specified permissions.
3.9. School Principal: An administrative user accredited by the educational institution who holds permissions to manage licenses and seats, compliance settings, consent logs, and incident notifications.
3.10. User Information: Collectively refers to the "Personal Data," "Sensitive Data," and "Technical Identifiers" of the User as defined in these Terms, the Privacy Policy, and the DPA, including account data, educational activities, and telemetry, according to the legal bases for processing in its clause.
3.11. Content: Everything displayed, uploaded, or generated via the Platform, including educational materials, user-generated content (UGC), artificial intelligence outputs, discussions, files, and media, includes:
3.12. User Content: Any data, texts, images, videos, audio materials, documents, or inputs uploaded by the User or provided to the Platform, and any AI-generated outputs based on those inputs specific to that User.
3.13. Establishment Content: All materials, software, interfaces, designs, databases, documentation, and educational content owned by the Company.
3.14. Third-Party Content: Any content or service provided by a third party and subject to its separate terms.
3.15. Prohibited Content: Any content that violates the law, Community Policies, or the rights of others, includes, by way of example and not limitation: illegal, pornographic, violent, inciting, racist, defamatory, or intentionally misleading content, or content that infringes intellectual property or privacy, or contains harmful software/code/scripts, fraudulent attempts, identity theft, leaking exam solutions, or any materials harmful to security or reputation. Removal and restriction procedures under (15), (82), and (16) apply.
3.16. Personal Data: Any information relating to an identified or identifiable natural person, directly or indirectly, in accordance with the Personal Data Protection Law (PDPL) in the Kingdom.
3.17. Sensitive Data: Personal data whose disclosure or misuse could result in significant harm, includes — by way of example and not limitation — exam results, behavioral and interaction indicators, voices, images, videos, conversations, and any data relating to minors classified as sensitive under the law.
3.18. Technical Identifiers: IP addresses, device and browser identifiers, advertising identifiers, cookies/LocalStorage, timestamps, and system logs necessary for operation, security, and compliance.
3.19. Minor: A person who has not reached the age of majority according to the laws in force in the Kingdom at the time of use/contracting. If the legal definition changes, the updated age shall be adopted without requiring an explicit amendment to these Terms.
3.20. Business Days: Sunday through Thursday – inclusive of Sunday and Thursday - excluding public/ official holidays.
3.21. Calendar Month: The period from the first day to the last day of the same Gregorian month. Activation: The subscription is considered activated upon the occurrence of any one of the following actions: (a) logging in to any portion of paid content, or (b) starting to solve any test or exercise, even if not completed, or (c) viewing any part of an educational video, even for a few seconds, or (d) using any AI tool, including sending any query, or (e) downloading, opening, or previewing any digital file, or (f) participating in any study group or "Study with Me" session or educational game, or (g) accessing any paid content page. Activation is proven through the Platform's electronic logs (including server logs and access logs), which shall be conclusive evidence unless the User provides a valid technical evidence proving otherwise. Material Technical Fault: Any failure in the Platform's systems or servers that completely prevents the subscriber from accessing paid content for a continuous period exceeding four (4) hours, provided that the fault is solely from the Platform's side and not due to misuse, telecommunications provider outages, or third-party services. Partial interruption while the majority of content remains accessible is not included.
3.22. Written Notice: Notice sent via the dashboard within the Platform, or to the registered email address, or phone number, or any other registered method, or any official channel specified in the Notices Clause; the sending or publishing shall be considered the start of the notice's effectiveness.
3.23. Core Feature: Any essential function necessary for the ordinary use of the Service as described in product documentation and the SLA (e.g., account creation, login, conducting educational sessions, progress tracking, contracted integrations).
3.24. Monthly Availability: The percentage of Service availability during a calendar month, calculated according to the formula stated in the Service Level Agreement (SLA) Appendix, with exemptions for pre-announced maintenance, force majeure, telecommunications provider outages, third-party services outside the Establishment's control, and misuse.
3.25. Material Defect: A continuous or repeated failure that reduces Monthly Availability below (99%) or disables a Core Feature for a period exceeding (72) consecutive hours within a single calendar month, after written notice and granting a remediation period of no less than (48) hours.
3.26. Misuse: Any use that does not comply with learning plans/recommendations/technical requirements/announced Community Policy, includes — by way of example and not limitation —:
▐ Failure to complete setup requirements, placement tests, or required assignments.
▐ Disabling necessary features or ignoring notifications affecting usage.
▐ Using unsupported devices/browsers or an unstable internet connection.
▐ Violating the Community Policy or engaging in cheating/deceptive patterns.
▐ Not adhering to the proposed schedule within the Platform.
▐ Blocking necessary permissions (e.g., microphone) when required for a specific feature.
▐ Entering misleading or incomplete data affecting the accuracy of recommendations.
▐ Misuse is not attributed to the User when there is a technical disability whose requirements were not clearly announced, or which was due to an external provider outside their control.
3.27. Service Level Agreement (SLA): The appendix that defines performance and availability metrics, response times, and the framework for requesting credits, and serves as the governing reference for measuring technical failures and their remedies.
3.28. Service Credits: Non-cash compensation calculated as credit for future usage/fees within the current subscription period exclusively, not convertible to cash or deferrable beyond the period, and shall be the sole and exclusive remedy for Service Level failures to the extent permitted by law.
3.29. Force Majeure: An event beyond the reasonable control of the affected party that impedes the performance of obligations, includes — by way of example and not limitation —:
▐ Natural disasters.
▐ National telecommunications network outages.
▐ Emergency regulatory orders or service blocks.
▐ Large-scale security disruptions.
3.30. Reference Records: The Establishment's monitoring logs, logs, status dashboard, and rate management systems (WAF/Firewall/Rate Limiter) shall be considered a technical reference evidence for measuring availability, outages, and request rates, unless their manifest error is proven by an independent technical report according to industry standards.