Terms of Service

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement. These Terms, together with any Order Form, Data Processing Addendum, and additional written terms referenced in or executed alongside these Terms (collectively, the "Agreement"), constitute the entire agreement between you and AlBaraka concerning the Platform.

1.2 Authority to Bind. If you access the Platform on behalf of an entity, including a business, government contractor, agency, or other organization, you represent and warrant that you have full legal authority to bind that entity to the Agreement, and the terms "you" and "your" refer to that entity and its authorized users.

1.3 Order of Precedence. In the event of a conflict between these Terms and an executed Order Form or Enterprise Agreement, the executed Order Form or Enterprise Agreement controls with respect to the specific subject matter addressed.

1.4 No Government End User Terms. The Platform is a commercial product. Nothing in the Agreement grants any United States federal, state, tribal, or local government entity any rights beyond those expressly conveyed under this commercial agreement. FAR 52.212-4 and similar clauses do not apply unless expressly incorporated in a signed federal Order Form.

2. ELIGIBILITY

2.1 Age and Legal Capacity. You must be at least eighteen (18) years old and possess the legal capacity to enter into binding contracts under the laws of your jurisdiction.

2.2 Geographic Restrictions. The Platform is operated from the United States and intended primarily for use by parties located within the United States and its territories. You are responsible for compliance with all applicable local laws if you access the Platform from outside the United States.

2.3 Prohibited Users. You may not use the Platform if you are (a) located in, ordinarily resident in, or organized under the laws of any country subject to comprehensive United States trade sanctions administered by the Office of Foreign Assets Control ("OFAC"), (b) listed on any United States government restricted party list, including the OFAC Specially Designated Nationals List, the Denied Persons List, the Entity List, or the Unverified List, or (c) otherwise prohibited from receiving United States exports or software under applicable law.

2.4 Government Contracting Focus. The Platform is designed for use by United States government contractors, subcontractors, proposal teams, contract managers, and related business professionals. Use outside this intended purpose may result in a degraded experience and does not entitle you to a refund.

3. USER ACCOUNTS

3.1 Account Creation. To access most Platform features you must create an individual user account by providing accurate, current, and complete information. Account authentication is provided through Supabase Auth, a third-party identity service.

3.2 Credentials. You are solely responsible for safeguarding your login credentials and any authentication factors, including passwords, one-time codes, and any future single sign-on integrations. You agree to notify AlBaraka immediately at [email protected] of any suspected unauthorized access.

3.3 Account Accuracy. You agree to keep your account information accurate and current, including your legal name, email address, organization affiliation, and payment information where applicable.

3.4 One Account Per User. You may not share your individual account credentials with any other person. Each natural person accessing the Platform must maintain a separate account. Sharing accounts is a material breach and grounds for immediate suspension.

3.5 Account Termination by User. You may close your individual account at any time by contacting [email protected]. Closure of your individual account does not automatically terminate your organization's Subscription (defined below).

4. ORGANIZATION ACCOUNTS

4.1 Organization Structure. The Platform supports multi-user organization accounts ("Organization Accounts") whereby a legal entity subscribes to the Platform and adds authorized personnel as members.

4.2 Organization Administrator. Each Organization Account must designate at least one administrator (the "Administrator"). The Administrator has full authority to add and remove members, assign roles and permissions, access all data within the Organization Account, purchase or modify Subscriptions, and bind the organization to these Terms and any Order Form.

4.3 Member Access. Members added to an Organization Account may access, view, edit, and manage Platform data, including opportunities, proposals, contracts, pricing files, and uploaded documents, subject to the role assigned by the Administrator.

4.4 Organization Responsibility. The organization is legally responsible for all activity within its Organization Account, including the actions of its Administrators, members, and any third parties granted access using organization credentials. AlBaraka will treat all instructions received from an Administrator as authorized by the organization.

4.5 Data Segregation. AlBaraka uses PostgreSQL Row Level Security policies within its Supabase database to isolate data between Organization Accounts. Notwithstanding these controls, you acknowledge that the Platform is a multi-tenant system, and you accept the inherent architectural risks of shared cloud infrastructure.

4.6 Departing Members. When a member leaves your organization, the Administrator is responsible for promptly revoking that member's access. AlBaraka has no obligation to monitor member employment status.

5. SUBSCRIPTION SERVICES

5.1 Subscription Model. Access to the Platform is provided under paid subscription plans ("Subscriptions") or, at AlBaraka's discretion, free trial or beta access. Subscription tiers, feature limitations, seat counts, and pricing are described on the Platform or in an executed Order Form.

5.2 Subscription Term. Unless otherwise specified in an Order Form, Subscriptions renew automatically on a monthly or annual basis at the then-current list price. You may cancel renewal at any time before the next billing cycle through your account settings or by contacting [email protected].

5.3 Beta and Early Access Features. AlBaraka may designate certain features as beta, early access, preview, or experimental. Such features are provided "AS IS," may be modified or discontinued without notice, and are excluded from any service level commitment.

5.4 Feature Availability. AlBaraka reserves the right to modify, add, or discontinue Platform features at any time. Material reductions in the core functionality of a paid Subscription tier during a paid term will entitle you to a prorated refund of unused fees as your sole remedy.

6. ACCEPTABLE USE POLICY

6.1 General Prohibitions. You agree not to, and not to permit any user, agent, or third party to:

(a) reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying structure of the Platform, except to the extent expressly permitted by applicable law;

(b) copy, modify, distribute, sell, sublicense, or create derivative works of the Platform or its components;

(c) use the Platform to build, train, or improve a competing product, service, or artificial intelligence model;

(d) use automated means, including scraping, crawling, or bots, to access the Platform, except through documented APIs made available by AlBaraka;

(e) circumvent, disable, or otherwise interfere with security, authentication, rate limiting, or access control features of the Platform;

(f) upload or transmit malware, ransomware, viruses, worms, or any other malicious code;

(g) upload or transmit content that infringes intellectual property rights, violates privacy rights, or is defamatory, obscene, or unlawful;

(h) use the Platform to send unsolicited commercial communications in violation of the CAN-SPAM Act or similar laws;

(i) upload Controlled Unclassified Information marked SP-CUI, classified information, ITAR-controlled technical data, EAR-controlled export data at classification levels EAR99 export-restricted or higher, protected health information subject to HIPAA, or full payment card data subject to PCI DSS. The Platform is not authorized to store, process, or transmit any of the foregoing categories.

6.2 Enforcement. AlBaraka may investigate suspected violations of this Section 6 and take any action it deems appropriate, including suspending or terminating access, removing content, and cooperating with law enforcement.

6.3 No Monitoring Obligation. AlBaraka has no obligation to review or monitor User Content but reserves the right to do so, including through automated tooling.

7. USER CONTENT

7.1 Definition. "User Content" means all data, text, files, images, documents, spreadsheets, contract records, proposals, pricing information, opportunity data, notes, comments, configuration data, and other materials that you or your users upload, submit, transmit, or store on the Platform.

7.2 Ownership. As between you and AlBaraka, you retain all rights, title, and interest in and to your User Content. AlBaraka acquires no ownership rights in User Content by these Terms.

7.3 License to AlBaraka. You grant AlBaraka a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, process, display, and reproduce your User Content solely to (a) provide, operate, maintain, and improve the Platform for your benefit, (b) prevent or address technical or security issues, (c) enforce these Terms, (d) comply with legal obligations, and (e) generate aggregated, de-identified statistics that do not identify you, your organization, or your User Content.

7.4 Warranty on User Content. You represent and warrant that (a) you own or have all necessary rights to upload and use your User Content on the Platform, (b) your User Content does not violate any applicable law or third-party right, and (c) your upload of User Content does not breach any nondisclosure agreement, contract, or confidentiality obligation you owe to any third party.

7.5 Backups. AlBaraka performs automated backups of Platform data at frequencies determined in its sole discretion. You are responsible for maintaining your own independent backups of critical User Content. AlBaraka does not guarantee recovery of lost or corrupted User Content.

7.6 Content Removal on Termination. Upon termination of your Subscription, User Content will be handled as described in Section 14.

8. GOVERNMENT CONTRACT DATA

8.1 Nature of Data. You acknowledge that the Platform is designed to store and process information related to United States federal, state, and local government contracts, including opportunity records from SAM.gov and PASSPort NYC, proposal drafts, pricing calculations, capture information, past performance records, and related documents (collectively, "Government Contract Data").

8.2 Public Information. Certain Government Contract Data, including publicly posted solicitations, awards, and contractor registrations, is drawn from public government sources and remains subject to the terms and licenses of those sources.

8.3 Your Confidential Information. You are responsible for classifying your own confidential and proprietary information before upload. AlBaraka treats all non-public User Content as your confidential information under Section 20.

8.4 Prohibited Data Categories. You may not upload to the Platform, and the Platform is not authorized to store or process:

(a) classified national security information at any level;

(b) information marked SP-CUI (Specified Controlled Unclassified Information) requiring FedRAMP High or equivalent controls;

(c) ITAR-controlled technical data;

(d) EAR-controlled export data restricted for foreign national access;

(e) source selection sensitive information subject to Section 27 of the Office of Federal Procurement Policy Act if such information belongs to a government agency that has not authorized commercial cloud storage;

(f) any government-furnished information restricted by contract to on-premises storage.

8.5 Contractor Responsibility. Your obligations under FAR, DFARS, and agency-specific supplements, including any obligation to protect Controlled Unclassified Information under DFARS 252.204-7012 or comparable clauses, remain solely yours. AlBaraka has not undergone FedRAMP authorization and does not currently meet DFARS 252.204-7012 requirements for storage of Covered Defense Information. You may not upload Covered Defense Information to the Platform.

8.6 Subpoenas and Legal Process. If AlBaraka receives a subpoena, warrant, or other legal process seeking your Government Contract Data, AlBaraka will use commercially reasonable efforts to notify you before disclosure, except where prohibited by law, and will limit disclosure to the minimum required.

9. ARTIFICIAL INTELLIGENCE FEATURES

9.1 AI Functionality. The Platform includes features powered by artificial intelligence, including bid opportunity analysis, win probability estimation, proposal drafting assistance, pricing recommendations, compliance checks, and document summarization (collectively, "AI Features"). AI Features are provided primarily through integration with Anthropic Claude models operated by Anthropic PBC.

9.2 Nature of AI Output. Output generated by AI Features (the "AI Output") is produced by statistical language models and is not the product of professional judgment, legal advice, or contracting officer determination. AI Output may contain errors, omissions, hallucinations, or inaccuracies.

9.3 No Reliance Without Review. You agree not to rely on AI Output as the sole basis for any bid, no-bid, pricing, submission, compliance, or business decision. You must independently verify AI Output before use, particularly for any output that will be included in a proposal, government submission, or contractual commitment.

9.4 Data Sent to AI Providers. To generate AI Output, the Platform transmits relevant User Content, including portions of your Government Contract Data, to Anthropic Claude through Anthropic's Application Programming Interface. AlBaraka has configured this integration to instruct Anthropic not to retain your data for model training beyond the periods disclosed in Anthropic's applicable data handling policies. You acknowledge and consent to this transmission as a necessary component of AI Features.

9.5 Ownership of AI Output. As between you and AlBaraka, and to the extent AI Output is not encumbered by third-party rights, AI Output generated in response to your inputs is treated as your User Content and owned by you. You acknowledge that identical or similar AI Output may be generated for other users, and no exclusivity is guaranteed.

9.6 AI Feature Availability. AI Features depend on the availability of third-party AI providers. AlBaraka is not responsible for outages, latency, model changes, or discontinuation of features caused by upstream providers.

9.7 Opt-Out. You may disable AI Features for your Organization Account through account settings. Disabling AI Features may reduce Platform functionality.

10. INTELLECTUAL PROPERTY

10.1 AlBaraka Property. The Platform, including its software code, user interface, visual design, database schema, workflows, algorithms, documentation, and all related intellectual property rights, is and remains the sole property of AlBaraka and its licensors. All rights not expressly granted are reserved.

10.2 Feedback. You may submit suggestions, ideas, improvements, or feedback regarding the Platform ("Feedback"). You hereby grant AlBaraka a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate Feedback into the Platform or any other AlBaraka product without obligation or compensation to you.

10.3 Trademarks. "AlBaraka," "AlBaraka Contract Management Platform," and the AlBaraka logo are trademarks of AlBaraka Supplies LLC. You may not use these marks without prior written consent, except to accurately identify the Platform in factual references.

10.4 Third-Party Marks. All third-party trademarks and product names are the property of their respective owners. Reference to SAM.gov, PASSPort NYC, FAR, DFARS, or federal agencies does not imply endorsement or affiliation.

11. THIRD-PARTY SERVICES

11.1 Third-Party Providers. The Platform integrates with the following third-party providers to deliver its services:

(a) Vercel Inc. for application hosting and content delivery;

(b) Supabase Inc. for authentication, PostgreSQL database, and object storage;

(c) Cloudflare Inc. for domain name services, network security, and traffic routing;

(d) Stripe Inc. for payment processing;

(e) Resend Inc. for transactional email delivery;

(f) Sentry (Functional Software Inc.) for error monitoring and application observability;

(g) Anthropic PBC for AI language model services powering the AI Features described in Section 9;

(h) United States government data sources including SAM.gov and PASSPort NYC.

11.2 No Endorsement. Reference to third-party providers is descriptive and does not constitute an endorsement or warranty of their services.

11.3 Provider Terms. Your use of the Platform is subject to the applicable terms of these third-party providers. AlBaraka is not responsible for the acts or omissions of third-party providers, and downtime, security incidents, or data losses caused by third-party providers are not the liability of AlBaraka except to the extent required by law.

11.4 Data Location. Platform infrastructure is operated primarily in United States data center regions. Certain third-party providers may process data in other regions as described in their own policies.

12. SERVICE AVAILABILITY

12.1 No Service Level Guarantee. Except as expressly provided in a written Service Level Agreement executed with an Enterprise customer, the Platform is provided on a commercially reasonable effort basis without any uptime warranty.

12.2 Scheduled Maintenance. AlBaraka may perform scheduled maintenance from time to time. AlBaraka will use reasonable efforts to conduct scheduled maintenance during off-peak hours and to provide advance notice through in-application banners or email.

12.3 Emergency Maintenance. AlBaraka may perform emergency maintenance at any time without notice to address security, integrity, or stability concerns.

12.4 Force Majeure. AlBaraka is not liable for delays or failures to perform caused by events outside its reasonable control, including natural disasters, acts of war or terrorism, government orders, labor disputes, cyberattacks against upstream providers, and outages of third-party services listed in Section 11.

13. FEES AND PAYMENTS

13.1 Fees. You agree to pay the fees applicable to your Subscription as specified on the Platform pricing page or in an executed Order Form. Fees are stated in United States Dollars and are exclusive of applicable taxes.

13.2 Payment Processing. Payments are processed by Stripe Inc. AlBaraka does not directly store full payment card numbers. By providing payment information, you authorize AlBaraka and Stripe to charge the payment method on file for all applicable fees.

13.3 Automatic Renewal. Subscriptions automatically renew for successive terms equal to the initial Subscription term unless canceled before the renewal date. Renewal fees are charged at the then-current list price.

13.4 Failed Payments. If a payment fails, AlBaraka may retry the charge, suspend Platform access after seven (7) calendar days of non-payment, and terminate the Subscription after thirty (30) calendar days of non-payment.

13.5 Taxes. You are responsible for all applicable sales, use, value-added, and similar taxes, excluding taxes based on AlBaraka's net income. If AlBaraka is required to collect and remit such taxes, they will be added to your invoice.

13.6 Refunds. Except as expressly stated in these Terms or required by law, all fees are non-refundable. Monthly Subscriptions are not refundable for partial months. Annual Subscriptions may be canceled but are not refundable except in the case of a material breach by AlBaraka.

13.7 Price Changes. AlBaraka may change list prices at any time. Price changes affecting your Subscription will take effect at the start of the next renewal term, and AlBaraka will provide at least thirty (30) days advance notice by email or in-application notification.

13.8 Government Payment Terms. For government customers subject to prompt payment statutes or purchasing under a written Order Form, the Order Form controls to the extent of any conflict.

14. SUSPENSION AND TERMINATION

14.1 Termination by You. You may terminate your Subscription at any time through account settings or by contacting [email protected]. Termination takes effect at the end of the current billing period, and prepaid fees for periods after termination are not refundable except as stated in Section 13.6.

14.2 Termination by AlBaraka for Convenience. AlBaraka may terminate free or beta accounts at any time for any reason. For paid Subscriptions, AlBaraka may terminate for convenience with thirty (30) days written notice and a prorated refund of prepaid fees for periods after termination.

14.3 Termination for Cause. Either party may terminate the Agreement immediately upon written notice if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days after written notice, or if the other party becomes insolvent, files for bankruptcy, or ceases business operations.

14.4 Immediate Suspension. AlBaraka may immediately suspend your access without prior notice if AlBaraka reasonably determines that (a) your use of the Platform poses a security risk, (b) your use may harm AlBaraka or third parties, (c) your use violates Section 6 (Acceptable Use) or Section 8.4 (Prohibited Data Categories), (d) you have not paid fees when due, or (e) AlBaraka is required to do so by law.

14.5 Effect of Termination. Upon termination or expiration: (a) your right to access the Platform ceases; (b) all outstanding fees become immediately due; (c) AlBaraka will retain your User Content for a period of thirty (30) days ("Retention Period") during which you may request a data export in a commercially reasonable format; (d) after the Retention Period, AlBaraka will delete or de-identify User Content in accordance with its data retention policy, subject to backup rotation periods of up to ninety (90) days; (e) Sections that by their nature should survive, including Sections 7.3, 10, 13, 16, 17, 18, and 19, will survive termination.

14.6 Data Export. During the Retention Period you may request an export of your Government Contract Data, uploaded documents, and User Content at no additional charge. Exports will be provided in standard formats including CSV, JSON, and original file formats where technically feasible.

15. DISCLAIMERS

15.1 AS IS. THE PLATFORM AND ALL AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALBARAKA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

15.2 No Legal, Financial, or Contracting Advice. The Platform is a software tool. AlBaraka is not a law firm, a certified public accountant, a licensed contracting officer, or a proposal consultancy. AI Output, compliance checks, pricing recommendations, and opportunity analyses are informational only and do not constitute legal, tax, financial, or contracting advice. You should consult qualified professionals before making business decisions.

15.3 No Compliance Certification. AlBaraka has not undergone any of the following certifications or authorizations as of the Effective Date of these Terms: (a) FedRAMP authorization at any impact level; (b) SOC 2 Type I or Type II attestation; (c) ISO 27001 certification; (d) Cybersecurity Maturity Model Certification (CMMC) at any level; (e) HIPAA compliance validation; (f) PCI DSS compliance validation as a service provider. You may not represent that use of the Platform satisfies any of the foregoing compliance obligations.

15.4 Third-Party Data Accuracy. Data ingested from third-party sources including SAM.gov, PASSPort NYC is provided without warranty of accuracy, completeness, or timeliness. Source system outages or errors may result in missing or delayed data.

15.5 AI Output Disclaimer. AI Output may be inaccurate, incomplete, biased, or misleading. AlBaraka makes no warranty regarding the accuracy or reliability of AI Output.

16. LIMITATION OF LIABILITY

16.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALBARAKA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST CONTRACTS, LOST BID AWARDS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, WHETHER ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ALBARAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Aggregate Cap. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALBARAKA ARISING OUT OF OR RELATED TO THE AGREEMENT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ALBARAKA FOR THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

16.3 Free Access. IF YOU USE THE PLATFORM WITHOUT PAYMENT UNDER A FREE, TRIAL, OR BETA ARRANGEMENT, ALBARAKA'S AGGREGATE LIABILITY IS LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00).

16.4 Basis of the Bargain. THE LIMITATIONS IN THIS SECTION 16 ARE A FUNDAMENTAL BASIS OF THE ECONOMIC BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.5 Jurisdictional Limits. Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the exclusions and limits above apply to the maximum extent permitted by law.

17. INDEMNIFICATION

17.1 Your Indemnification of AlBaraka. You agree to defend, indemnify, and hold harmless AlBaraka, its affiliates, officers, directors, employees, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your User Content, including any claim that your User Content infringes intellectual property rights, violates privacy rights, or breaches a confidentiality obligation; (b) your violation of the Agreement, including Section 6 (Acceptable Use) or Section 8.4 (Prohibited Data Categories); (c) your violation of applicable law, including FAR, DFARS, ITAR, EAR, and export control laws; (d) your misuse of AI Output, including any reliance on AI Output for regulatory submissions, government proposals, or contractual commitments; (e) any claim brought by a member of your organization, your customer, or a government agency arising from your use of the Platform.

17.2 Procedure. AlBaraka will provide prompt written notice of any claim, allow you to control the defense and settlement (provided no settlement admits fault by or imposes obligations on AlBaraka without written consent), and reasonably cooperate at your expense.

18. GOVERNING LAW

18.1 Applicable Law. The Agreement and all disputes arising out of or related to it are governed by the laws of the State of New York, without regard to conflicts of law principles.

18.2 Federal Preemption. To the extent United States federal law applies to any aspect of the Platform, including federal trademark, copyright, computer fraud, or export control law, such federal law controls.

18.3 United Nations Convention Excluded. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. DISPUTE RESOLUTION AND ARBITRATION

19.1 Informal Resolution. Before initiating formal proceedings, the parties will attempt in good faith to resolve any dispute by written notice to the other party describing the dispute and proposed resolution. The parties will then negotiate in good faith for at least thirty (30) days.

19.2 Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or related to the Agreement or the Platform will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted before a single arbitrator in New York, New York, or by video conference at the arbitrator's discretion.

19.3 Class Action Waiver. YOU AND ALBARAKA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

19.4 Jury Trial Waiver. YOU AND ALBARAKA WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE.

19.5 Exceptions. Either party may bring an action in court to (a) seek preliminary injunctive relief to protect its intellectual property or confidential information, or (b) recover unpaid fees. Small claims court actions within jurisdictional limits are also permitted.

19.6 Federal Arbitration Act. The Federal Arbitration Act governs the interpretation and enforcement of this Section 19.

19.7 Opt-Out. You may opt out of the arbitration and class action waiver provisions of this Section 19 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The opt-out must include your name, mailing address, and account email.

20. CONFIDENTIALITY

20.1 Definition. "Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Your User Content is your Confidential Information. AlBaraka's non-public technical, security, and business information is AlBaraka's Confidential Information.

20.2 Obligations. Each party will (a) use the other party's Confidential Information only for purposes of performing under the Agreement, (b) protect it using at least the same degree of care used to protect its own confidential information but no less than reasonable care, and (c) not disclose it to any third party except to employees, contractors, and service providers who need to know it and are bound by written confidentiality obligations at least as protective as this Section 20.

20.3 Exceptions. Confidential Information does not include information that (a) is or becomes publicly known without breach, (b) was known to the receiving party without confidentiality obligation before disclosure, (c) is independently developed without use of the disclosing party's Confidential Information, or (d) is rightfully received from a third party without confidentiality obligation.

20.4 Compelled Disclosure. If the receiving party is compelled by law to disclose Confidential Information, it will provide prompt written notice to the disclosing party where legally permitted and reasonably cooperate in any effort to seek protective treatment.

21. CHANGES TO THE AGREEMENT

21.1 Modifications. AlBaraka may modify these Terms from time to time. The Effective Date at the top will reflect the latest revision. For material changes, AlBaraka will provide at least thirty (30) days advance notice by email to the address associated with your account or through in-application notification.

21.2 Acceptance of Changes. Continued use of the Platform after the effective date of modified Terms constitutes acceptance. If you do not agree to a modification, you must stop using the Platform and, if applicable, cancel your Subscription before the effective date.

21.3 No Unilateral Changes to Executed Order Forms. Modifications do not apply retroactively to signed Order Forms during their current term unless required by law.

22. GENERAL PROVISIONS

22.1 Assignment. You may not assign or transfer the Agreement without AlBaraka's prior written consent. AlBaraka may assign the Agreement to a successor in interest in connection with a merger, acquisition, or sale of all or substantially all of its assets.

22.2 Notices. Notices to AlBaraka must be sent to [email protected] and, for legal process, to AlBaraka Supplies LLC, Legal Department, Brooklyn, New York. Notices to you will be sent to the email address associated with your account.

22.3 No Waiver. Failure to enforce any right or provision does not waive that right or provision.

22.4 Severability. If any provision is found unenforceable, the remaining provisions remain in full force and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.

22.5 No Agency. Nothing in the Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

22.6 Entire Agreement. The Agreement is the complete and exclusive statement of the agreement between the parties concerning the Platform and supersedes all prior agreements, proposals, and communications.

22.7 English Language. The English language version of the Agreement is controlling. Translations, including Arabic translations available in the Platform interface, are provided for convenience only.

22.8 U.S. Government End Users. The Platform is a "commercial product" as defined in FAR 2.101. Government use, duplication, and disclosure are subject to the restrictions in these Terms and applicable Order Form.

22.9 Export Control. You represent that you will comply with all applicable United States export control laws and will not export, re-export, or transfer the Platform or any User Content in violation of such laws.

23. CONTACT INFORMATION

For questions, notices, or requests relating to these Terms: