Preamble and Declaration of Service Nature
The "Yomaak" digital platform is managed and operated by a network of legally and financially independent entities owned and directed by (Yomaak), collectively or individually referred to as the "Company" or the "Platform".
This Agreement governs the full contractual relationship between the Platform and any natural or legal person who registers and uses its services (referred to as the "Member", whether acting as an "Exporter" or "Importer").
Core Legal Disclaimer Regarding Business Nature and Licensing
The Member acknowledges and agrees that the "Yomaak" platform is strictly an information technology and B2B e-commerce intermediary platform designed to connect companies and facilitate business communication and trade exchange.
Neither the Platform nor any of its legal entities operate in export trading, importing, shipping, customs clearance, or technical inspection of goods.
The Platform is not a party to any transactions agreed upon between Members. Its official licenses are restricted to the information technology and digital solutions sector. The Platform is completely exempt from any commercial, civil, or criminal liability arising from commercial transactions and deals executed between its parties.
Article 1: Definitions
- Yomaak Platform: The specialized digital platform operating as an intermediary service to connect commercial entities across all forms (website and mobile application).
- Member: Any natural or legal person registered on the Platform, whether as an Exporter or Importer, subject to all provisions of this Agreement.
- Exporter: A registered Member who displays products for sale and international trade matching.
- Importer: A registered Member who browses products and requests price quotations from Exporters using the available technical tools.
Article 2: Geographic Structure and Legal Entity Independence
Based on the geographic scope and principal place of residence or incorporation of the Member or their company, the specific contracting legal entity of the Platform is identified, establishing a direct contractual relationship under this Agreement as detailed below:
| Geographic Scope of Member | Contracting Legal Entity | Nature of Relationship and Official Presence |
|---|---|---|
| Kingdom of Saudi Arabia | Yomaak IT Solutions Company (Registered in KSA). Commercial Registration No.: 7051718844. Tax Identification No.: 314241730400003. Address: Riyadh, Saudi Arabia. | An independent official entity representing the primary headquarters country, serving as the protection and operating partner for domestic Saudi operations. |
| Republic of Turkey | Yomaak IT Solutions (Officially established in Istanbul, Turkey). Commercial Registration No.: 1057863. Tax Identification No.: 0982108671300001. Address: Istanbul, Turkey. | An independent entity subject to Turkish laws and corporate regulations, managing member agreements within Turkey. |
| United Arab Emirates & Rest of the World (including Arab countries & Egypt) | Yomaak IT Solutions (Officially registered in Ajman, UAE). Commercial Registration No.: 201822011. Tax Identification No.: 104609701800001. Address: Ajman, UAE. | An independent entity managing digital operations and contracts for all members in the UAE and the rest of the world. |
The Platform clarifies that all operations outside these specified jurisdictions are managed entirely remotely via the UAE entity. This digital presence is deemed remote management and shall in no way constitute a physical presence or Permanent Establishment (PE) for the UAE entity within any other country, nor subject it to local tax or commercial obligations therein.
Article 3: Subscription Payment Mechanism and Approved Currencies
| Geographic Scope | Payment Mechanism and Currency |
|---|---|
| Kingdom of Saudi Arabia | Subscriptions are paid and activated exclusively in Saudi Riyals (SAR), deposited directly into the official bank account of the Platform's legal entity in Saudi Arabia. |
| United Arab Emirates | Subscriptions are paid and activated in UAE Dirhams (AED), deposited into the official bank account of the legal entity in the UAE. |
| Republic of Turkey | Subscriptions are paid and activated in Turkish Lira (TRY) or US Dollars (USD) according to published policies, deposited exclusively into the official bank account of the legal entity in Istanbul, Turkey. |
| Rest of the World (excluding KSA, UAE, and Turkey) | Subscriptions are paid and activated in US Dollars (USD), transferred directly to the international bank account of the legal entity in Ajman, UAE, which oversees financial and operational management for these regions. |
Article 4: Membership Terms and User Accounts
- 4.1 Registration requires the Member to be a legally licensed commercial entity (company or establishment) in its country of incorporation. The Member bears full responsibility for the authenticity of all uploaded documents (such as Commercial Registrations and Tax Certificates).
- 4.2 The account is personal and non-transferable. The Member commits to maintaining credential confidentiality and assumes full liability for all activities conducted through their account.
- 4.3 The Platform reserves the right (without liability or obligation to indemnify) to immediately suspend, freeze, or terminate a Member's account without prior notice in any of the following events (including but not limited to):
- Breach of any provisions of this Agreement.
- Submission of incorrect, forged, or expired documentation.
- Conducting activities that harm the Platform's reputation, compromise cyber security, or violate third-party rights.
- Issuance of a judicial or administrative ruling against the Member inconsistent with membership criteria.
Article 5: Usage Guidelines and Member-to-Member Transactions
- 5.1 All negotiations, agreements, shipping details, pricing, and Incoterms standards (Incoterms 2020 recommended) are conducted entirely between Members outside the Platform's software environment, without liability or financial mediation from the Platform.
- 5.2 Importers and Exporters are solely responsible for compliance with foreign exchange and monetary regulations issued by local central banks (including regulations from the Central Bank of Egypt, Saudi Central Bank, and Central Bank of the UAE). The Platform accepts no liability for delays or failures in transaction bank transfers caused by sovereign foreign exchange restrictions.
Article 6: Data Protection, Privacy, and Statistical Usage Rights
- 6.1 Operating entities commit to processing and protecting Member data in accordance with applicable local laws for each entity (Saudi PDPL, UAE Law No. 45 of 2021, and Turkish KVKK).
- 6.2 Usage Rights and Statistical Data: The Platform retains the right to use data generated from browsing, order volume, quotations, and general commercial analytics, processing it in an anonymized form that does not identify specific Members or companies. This usage serves to train AI algorithms, build statistical indicators, and issue market trend reports, without constituting a privacy or commercial confidentiality breach.
The Member explicitly agrees that ownership of compiled data resulting from statistical processing remains the exclusive property of the Platform, with sole rights to commercial exploitation, algorithm development, and utilization without financial or legal obligations toward Members.
Article 7: Limitation of Liability and Legal Indemnification
- 7.1 Technical services are provided "as is" without guarantees regarding temporary service interruptions for maintenance or system updates.
- 7.2 Liability Cap and Indemnity: The Member explicitly agrees that should a direct technical fault or software neglect by the Platform be established through arbitration under this Agreement resulting in proven damages, the maximum aggregate liability and legal compensation borne by the Platform (across all entities combined) shall not exceed the actual subscription fee paid by the Member for the specific commercial month in which the fault occurred.
- 7.2b This liability cap is nullified, and the Platform bears zero liability, if alleged damages stem from Member misuse, incorrect data entry, failure to maintain credential security, or reliance on inaccurate information obtained from another party on the Platform.
- 7.3 Under no circumstances shall the Platform be liable for consequential or indirect damages, loss of profit or trade, cargo damage, or failures in shipping and import/export operations arising from Member agreements.
Article 8: Governing Law and Dispute Resolution
Given the legal independence of the three operating entities, any dispute arising between a Member and the Platform regarding services or subscriptions shall be governed and interpreted according to the contracting entity's applicable laws and jurisdiction as follows:
- 8.1 Saudi Entity: If registered within Saudi Arabia, the Agreement is governed by the laws of the Kingdom, and unresolved disputes shall be referred to the Saudi Center for Commercial Arbitration (SCCA) in Riyadh.
- 8.2 Turkish Entity: If registered within Turkey, the Agreement is governed by Turkish laws, with Istanbul Courts and Execution Offices holding exclusive jurisdiction.
- 8.3 UAE Entity (Rest of World & Egypt): If registered within the UAE or any other country outside KSA and Turkey (including Egypt), the contractual relationship is governed by UAE laws. Unresolved disputes shall be referred to the Dubai International Arbitration Centre (DIAC) in Dubai.
Article 9: Force Majeure
No party shall be considered in breach of obligations if performance is hindered by events beyond reasonable control, including natural disasters, wars, trade embargoes, international sanctions, government-ordered suspensions of international transfers, or sudden monetary restrictions by local central banks.
Article 10: Final Provisions and Amendments
- 10.1 The Arabic text of this Agreement is the sole authoritative and binding version for interpretation and application.
- 10.2 Electronic approval by clicking "I Agree to Terms & Conditions" during registration constitutes explicit and legal acceptance of all provisions herein.
- 10.3 The Platform reserves the right to amend, update, or add provisions to this Agreement at any time, including subscription pricing and features, provided Members are notified via registered email or in-app notification thirty (30) days prior to the effective date. Continued use after the notice period constitutes implicit agreement to amendments; otherwise, the Member's sole remedy is account termination without refund rights.
Article 11: Intellectual Property
- 11.1 All intellectual property rights, including source code, executable code, databases, designs, interfaces, algorithms, trademarks, and logos, are the exclusive property of the Platform (and its licensors), protected under international laws.
- 11.2 Members and personnel are strictly prohibited from copying, modifying, decompiling, reverse engineering, transferring, leasing, or using any part of the Platform or its content for competitive or commercial purposes outside authorized personal use. Any violation constitutes a material breach entitling the Platform to immediate termination and legal action without prior notice.