Terms of Service
Master Service Agreement
This Agreement governs your access to and use of the Apointa services (“Apointa,” “we,” “us,” or “our”) including all applications, web platforms, and related tools, as well as your own account within such (the “User Account”), which can include your personal information as well as personal information of beneficiaries under your supervision, as defined below. By accessing or using Apointa, you agree to be bound by these Terms of Service.
If you represent an organization, you affirm you have the authority to bind that organization and its affiliates to these terms, and “you” or “your” shall refer to that organization and its affiliates.
Last Updated: 13 April 2025
Definitions“Agreement” This Master Service Agreement, including all schedules and purchase orders incorporated by reference.
“Apointa Services” Software, tools, and platforms provided by Apointa for managing bookings, scheduling, customer management, and other operations for sports facilities and similar businesses.
“Customer” Any business, organization, or individual accessing Apointa’s Services under this Agreement.
“Customer Data” Data uploaded or input by Customer or End Users in connection with Apointa Services, which remains under Customer ownership.
“Documentation” User guides, manuals, and other supporting materials provided by Apointa for using the Services.
“End User” Individual user, such as a sports facility client or staff member, who interacts with Apointa Services on Customer’s behalf.
“Fees” The charges applicable to Apointa Services, as specified in the Fee Schedule.
“Intellectual Property” Rights related to all proprietary content, data, trademarks, and technologies used within Apointa’s Services.
“Subscription Period” The term for which Customer subscribes to Apointa Services, including renewals unless terminated per this Agreement.
“Third-Party Software” Any external software integrated with Apointa Services under third-party terms and conditions.
“Beta Features” Experimental features that Apointa may release for trial without warranty or support.
“Force Majeure Event” Events beyond a party’s reasonable control including natural disasters, acts of war, or government restrictions.
Services Overview
2.1 Scope
Apointa grants Customer a limited, non-exclusive, non-transferable license to use Apointa Services solely for internal business operations in accordance with this Agreement and applicable Service Schedules.
2.2 Service Changes and Updates
Apointa may enhance, modify, or update Services at its sole discretion and has no obligation to maintain backward compatibility.
2.3 Third-Party Integrations
Customer’s use of integrated Third-Party Software is subject to applicable third-party terms. Apointa disclaims all liability related to such integrations.
Customer Responsibilities
3.1 Account Management
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of the information entered into the User Account and all activities of the User Account; (ii) use reasonable efforts to prevent unauthorized access to, or use of, your User Account and notify Apointa promptly of any such unauthorized use; and (iii) comply with all applicable laws and regulations in using the Platform and the User Account.
You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, design, presentation, layout, selection, and arrangement, are owned by Apointa, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
During the term of this Agreement, Apointa grants you (for you or for and on behalf of the Beneficiaries) a non-exclusive, non-transferable, non-sub-licensable right and license to use the User Account solely for non-commercial purposes as contemplated by this Agreement. You agree that you will not: (i) license, sublicense, sell, resell, rent, lease, assign, distribute, timeshare or otherwise commercially exploit or make the User Account available to any third party, other than as contemplated by this Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable law; (iii) send or store infringing, obscene, threatening, libelous or otherwise unlawful or material which gives rise to a delict or is otherwise tortuous, including material violating third party rights including, but not limited to, privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or harmful computer codes, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (vi) attempt to gain unauthorized access to the Platform or its related systems or networks; (vii) modify, copy or create derivative works; (viii) create internet “links” to or from the Platform or the User Account, or “frame” or “mirror” any content forming any part of the Platform or the User Account other than for your own use; (ix) disassemble, reverse engineer or decompile the User Account or the Platform for any purpose or reason; (x) access content and data that is not intended for you; (xi) attempt to breach or breach any security and/or authentication measures; or (xii) send or store any information relative to a person that is not you or for which you have legal authority or consent.
We reserve the right at any time, without notice, to disable or terminate your User Account, any username, password, any information about a Beneficiary, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including without limitations, any violation of any provision of this Agreement. Apointa reserves the right to not re-activate a User Account or create a new User Account for any person, at its sole discretion for any or no reason, including without limitations, any violation of any provisions of this Agreement.
3.2 Compliance Audits
Apointa may, upon reasonable notice, audit Customer’s usage for compliance.
Fees and Payment Terms
4.1 Fees Structure
Customer shall pay all Fees, including onboarding fees, which are non-refundable. Apointa may revise Fees with 30 days' notice.
4.2 Invoicing and Payment Terms
Invoices are payable within 30 days of issuance via approved payment methods.
4.3 Late Payments
Late payments incur 1.25% monthly interest. Apointa may recover legal fees and suspend Services.
4.4 Refunds
All Fees are non-refundable. No refunds for partial periods upon early termination.
4.5 Online Payments
Apointa will process online booking transactions or via payment links from supported card companies (VISA, Mastercard, American Express). Online payments will be collected in UAE Dirhams (AED). Apointa will withhold a transaction fee as specified in the Fee Schedule for each online transaction processed via the Platform (via widget or payment links), in addition to any fees charged by the payment gateway (including but not limited to transaction fee and chargeback fee). Any funds from online payments can be used to settle such fees; however, if funds are insufficient, You commit to immediately settling all charges to Apointa.
Settlement of online transactions to the registered bank accounts will be subject to the terms of the online payment service provider.
You will be fully responsible to resolve all refund and dispute in relation to online transactions.
5.1 Subscription and Renewal
Initial Subscription Period is 12 months, auto-renewing unless terminated 30 days before renewal.
5.2 Termination for Convenience
Either party may terminate with 60 days' notice.
5.3 Termination for Cause
Either party may terminate on material breach not cured within 10 days.
5.4 Data Access Post-Termination
Customer may request a copy of Customer Data within 30 days post-termination, contingent on full payment. Data will be in a standard format.
6.1 Intellectual Property Rights
Apointa retains all rights to Services, including improvements and feedback received.
6.2 Use of Customer Branding
Customer grants Apointa a non-exclusive right to use its logo for promotional use, revocable at Apointa’s discretion.
6.3 Customer Feedback
Customer agrees that any feedback, suggestions, or recommendations provided to Apointa regarding the Platform or Services may be freely used by Apointa without any obligation to Customer. Apointa shall own all rights, title, and interest in any improvements or modifications arising from such feedback.
7.1 Confidential Information
Each party shall protect the other’s confidential information, excluding data independently developed or known prior to disclosure.
7.2 Privacy Compliance
Customer is responsible for obtaining required consents for data use. Apointa shall not be considered a data processor under any applicable data protection laws, including GDPR or UAE equivalents, unless a Data Processing Agreement (DPA) is separately executed.
You understand and agree that your use of the platform, your user account, and any services or goods found or attained through the platform, notably those of any merchant, is at your own risk. The platform and the user account is provided on an “as is” and “as available” basis and Apointa makes no warranties of any kind, whether expressed, implied, statutory or otherwise with respect to the platform, the user account or any goods or services offered by a merchant found or attained through the platform, including, but not limited to: any implied warranties of merchantability, fitness for a particular purpose, non-infringement, any warranty that the platform or the user account is free from error, that it will perform without interruption, that it will be compatible with your equipment, software or operating system configuration, or that it will meet your needs. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law. Neither Apointa nor its shareholders, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the platform, the user account or their contents. Without limiting the foregoing, neither Apointa nor its shareholders, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the platform, the user account, their content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the platform, the user account or the server that makes it available are free of viruses or other harmful components, that any services provided or to be provided by a merchant found or attained through the platform will be fit for any purpose, will meet your (or the beneficiaries) needs.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the platform or the user account will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the platform, the user account and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the platform or the user account, to your downloading of any material posted on either of such, or on any website linked to either of such.
Indemnification and Limitation of Liability9.1 Indemnification
You agree to defend, indemnify, and hold harmless Apointa, its shareholders, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of this Agreement or your use of the Platform or the User Account, other than as expressly authorized in this Agreement.
9.2 Limitation of Liability
Except where such exclusions are prohibited by law, under no circumstance will Apointa nor its shareholders, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the platform or the user account. To the fullest extent permitted by applicable law, Apointa’s total aggregate liability for any and all claims shall not exceed AED 0.
10.1 Governing Law
Apointa is domiciled in the United Arab Emirates. This Agreement is governed by the laws of the United Arab Emirates. Disputes shall be resolved in the courts of Dubai, United Arab Emirates.
10.2 Force Majeure
Neither party shall be liable for delays due to Force Majeure Events.
10.3 Amendments
We reserve the right in our sole discretion to revise and update the terms of this Agreement from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. Your continued use of the Platform and your User Account shall be your acceptance of such updated Agreement..
10.4 Entire Agreement
This Agreement and referenced schedules constitute the full agreement, superseding all prior discussions.
10.5 Assignment
Customer may not assign rights without Apointa’s prior written consent.
10.6 Severability
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.