B2B SaaS Terms of Service

1. Parties

1.1. Service Provider

Company: Pushouse L.L.C-FZ

Licence No: 2540189.01

Tax Registration No: 105300073100001

Address: Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.

(Hereinafter referred to as "Pushouse")

1.2. Business Customer

The legal entity, trader, sole proprietor, professional or other business that creates an account on the Platform or uses a Subscription for its own commercial or professional activities.

(Hereinafter referred to as the "Customer")

1.3)The Platform is offered exclusively on a business-to-business (B2B) basis. A person acting for personal, family or household purposes may not create an account or purchase a Subscription. If mandatory law requires otherwise, any non-waivable rights under that law remain unaffected.

1.4)The individual completing the online acceptance on behalf of the Customer represents and warrants that they have authority to bind the Customer to this Agreement.

1.5)Pushouse is a foreign company incorporated and licensed in the Emirate of Dubai, United Arab Emirates. Accessing the Platform from another country does not change the contracting party.

2. Definitions

2.1. Platform: The e-commerce, marketing automation, analytics and messaging solution provided by Pushouse, including its web applications, APIs, integrations and related SaaS features.

2.2. Customer Data: Personal and non-personal data, content, contact lists and campaign materials submitted by the Customer or its authorised users, generated through the Platform or processed on the Customer's behalf.

2.3. Subscription: The plan, billing period, fee, features, usage limits and renewal terms selected online by the Customer on the Platform.

2.4. Usage Credits: Non-transferable, non-cash units made available under a plan to measure messages, events, contacts, automations or similar usage.

2.5. Third-Party Services: Products, APIs and infrastructure provided by third parties, including WhatsApp/Meta, commerce platforms, cloud, communications and payment providers.

2.6. Policies: The Data Processing Addendum (DPA), Acceptable Use Policy (AUP) and other applicable product rules published on the Platform and incorporated into this Agreement by reference.

3. Online Acceptance and Scope

3.1)The Customer accepts this Agreement electronically by clicking "I agree", "Create account", "Start free trial", "Subscribe" or an equivalent button in the registration or subscription flow. This Agreement becomes binding between the parties at the time of acceptance.

3.2)This Agreement is the single master SaaS agreement between the Customer and Pushouse. Pushouse does not issue a paper copy, wet-ink agreement, separate order form or external services agreement, and none is required to provision the service.

3.3)The plan name, fee, currency, billing period, usage limits, trial and renewal information displayed on the Platform at acceptance, together with the Customer's online selections, form an integral part of the Subscription and this Agreement.

3.4)The current online versions of the Data Processing Addendum and Acceptable Use Policy linked below are incorporated into this Agreement by reference.

Incorporated documents: Data Processing Addendum (DPA) · Acceptable Use Policy (AUP)

3.5)To the extent permitted by applicable law, Pushouse's records of acceptance time, account, document version and technical transaction are evidence of acceptance. A Customer purchase order, portal term, email or other unilateral document does not amend this Agreement.

4. Services and Platform

4.1)During a paid-up Subscription, Pushouse grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the Platform solely for its internal business activities.

4.2)Pushouse provides the Platform with commercially reasonable care. Scheduled maintenance will be announced in advance where practicable; urgent security, infrastructure or third-party interventions may be performed without prior notice.

4.3)Pushouse may improve the Platform or change features. If a change materially reduces a plan's core functionality during the then-current paid term, Pushouse will provide reasonable notice and an available alternative where practicable.

4.4)No particular uptime, delivery rate or dedicated support level is guaranteed unless a different commitment is expressly published on the Platform for the applicable plan.

5. Customer Responsibilities and Acceptable Use

5.1)The Customer must keep account and billing information accurate and current and is responsible for its authorised users and the confidentiality of credentials, API keys and connected accounts. It must notify Pushouse promptly of unauthorised use.

5.2)The Customer is responsible for ensuring that Customer Data and all messages, campaigns, templates, products and instructions comply with law, this Agreement and the Policies.

5.3)The Customer must provide required notices to recipients, obtain valid consent or another lawful basis where applicable, retain consent and opt-out records, and comply with communications, advertising, consumer and data-protection obligations applicable to its activities, including IYS where relevant.

5.4)The Platform may not be used for unsolicited communications, deceptive content, impersonation, unlawful products or services, malicious code, harassment, discrimination or content that infringes third-party rights.

5.5)Except where expressly permitted by mandatory law, the Customer may not reverse engineer or decompile the Platform, circumvent security or usage limits, resell it without authorisation, or impose an excessive or harmful load.

5.6)The Customer is responsible for matters within its control, including campaign settings, audiences, content, timing, connected Third-Party Services, business decisions and regular exports of its data from the Platform.

6. Plans, Trials, Fees and Renewals

6.1. Plans and Usage

a)The commercial terms of the Subscription are displayed on the Platform before online acceptance. The Customer is responsible for assessing whether its selected plan meets its needs.

b)If a plan limit is reached, the Platform may charge overage fees only where a pre-disclosed unit price has been enabled by the Customer; otherwise, Pushouse may restrict the relevant usage or require selection of a higher plan.

c)Unless the Platform expressly states otherwise, Usage Credits are valid only for the applicable billing period, do not roll over, are non-transferable and have no cash value.

6.2. Free Trials

a)The duration, features and limits of a free trial are displayed at registration. Pushouse may refuse or limit multiple trials for the same business to prevent abuse.

b)A trial converts to a paid Subscription only if the Customer actively selects a paid plan or if the automatic conversion date, fee and renewal terms were clearly displayed at the start of the trial and accepted by the Customer.

6.3. Fees, Taxes and Renewal

a)Unless stated otherwise on the Platform, Subscription fees are charged in advance at the beginning of each billing period in the displayed currency. VAT, sales, use, withholding and similar taxes are the Customer's responsibility unless expressly included, except taxes on Pushouse's net income.

b)The Customer authorises storage of its payment method and recurring charges. The Subscription automatically renews for the same billing period unless the Customer cancels through its Platform account settings before the renewal date.

c)The Customer must maintain valid payment and billing details. Failed or overdue payment may result in restricted or suspended access, and amounts due remain payable.

d)Pushouse will provide at least 30 days' notice of a fee change by email or in-Platform notice. A change does not affect the current paid period and applies at the next renewal.

6.4. Refunds

a)Except where mandatory law or the Platform expressly provides a refund right, fees are non-refundable for a commenced billing period, non-use, a partial period or expired Usage Credits.

b)This does not prevent correction of a duplicate or incorrect charge or a pro-rata refund of unused prepaid fees if Pushouse terminates a paid Subscription mid-term without a Customer breach.

7. Third-Party Services and Messaging

7.1)The Platform may connect to WhatsApp/Meta, commerce platforms, cloud, payment, telecommunications and other Third-Party Services. The Customer is responsible for obtaining the required third-party accounts, licences and permissions.

7.2)Third-Party Services are governed by their own terms, privacy notices, pricing and usage rules. The Customer is responsible for complying with those rules and for activity in its connected accounts.

7.3)Pushouse does not control and cannot guarantee WhatsApp/Meta or another third party's message approval, delivery, account restrictions, API changes, outages or other actions outside Pushouse's reasonable control.

7.4)A third party's change or withdrawal of access may require the relevant feature to be changed, restricted or suspended. Where practicable, Pushouse will provide reasonable notice and attempt to offer a commercially reasonable alternative.

7.5)The Customer is responsible for message recipients, templates, marketing permissions, opt-outs and message, carrier or platform charges assessed by third parties.

8. Customer Data and Data Protection

8.1)The parties acknowledge that ownership and other rights in Customer Data remain with the Customer or the relevant rights holders.

8.2)When Pushouse processes personal data of the Customer's shoppers, recipients or other end users on the Customer's behalf, Pushouse acts as a processor or equivalent service provider and the Customer acts as controller or business. That processing is governed by the Data Processing Addendum.

8.3)Pushouse may act as an independent controller for data needed for Customer account administration, authorised users, billing, fraud prevention, security, legal compliance and its own business records. These activities are described in the applicable Privacy Policy.

8.4)The Customer warrants that it obtained Customer Data lawfully, has a valid legal basis for its processing instructions to Pushouse and can manage data-subject rights requests.

8.5)Subprocessors, international transfers, audits, data-subject requests, deletion and other data-protection obligations are governed by the Data Processing Addendum. The Data Processing Addendum prevails in the event of a conflict concerning personal-data processing.

8.6)Pushouse may use aggregated or anonymised usage statistics for service security, capacity planning and product improvement, provided that they do not identify the Customer or any individual and Pushouse does not attempt re-identification.

9. Security and Data Incidents

9.1)Pushouse implements commercially reasonable technical and organisational security measures appropriate to the nature, scope and risk of Customer Data. Minimum security obligations are described in the Data Processing Addendum; current operational security information may be provided on request subject to reasonable confidentiality and security restrictions.

9.2)The Customer is responsible for user permissions, strong authentication, its devices, connected accounts, integration keys, secure configuration and any backups or exports within its control.

9.3)After becoming aware of a Personal Data Breach affecting Customer Data, Pushouse will notify the Customer without undue delay and, where reasonably practicable, within 72 hours, and will provide available information and reasonable cooperation. The Customer determines whether it must notify a regulator or affected individuals.

9.4)No online system is completely secure or uninterrupted. This Section does not promise a particular certification, zero risk or absolute security.

10. Intellectual Property

10.1)All rights in the Platform, software, APIs, designs, interfaces, documentation, models, algorithms, brands and know-how belong to Pushouse or its licensors. This Agreement does not transfer ownership.

10.2)The Customer receives only the limited right of use in Section 4.1. Pushouse reserves all rights not expressly granted.

10.3)Rights in Customer Data and in the Customer's brands, content and materials remain with the Customer or the relevant rights holders.

10.4)The Customer grants Pushouse the rights necessary to host, copy, transmit and process Customer Data solely to provide and secure the service, provide support and comply with legal obligations.

10.5)Provided it contains no Confidential Information, voluntary feedback may be used by Pushouse for product development without restriction or payment.

11. Confidentiality

11.1)Confidential Information means commercial, technical, financial, security or product information disclosed by one party to the other that should reasonably be understood as confidential by its nature or the circumstances of disclosure. Customer Data is the Customer's Confidential Information, and non-public elements of the Platform are Pushouse's Confidential Information.

11.2)Information is not Confidential Information if the recipient can show that it became public without breach, was lawfully known before disclosure, was received from a third party without a duty of confidentiality or was independently developed without using Confidential Information.

11.3)The recipient will use Confidential Information only to perform this Agreement, protect it with reasonable care no less than the care used for its own similar information, and disclose it only to employees, advisers and contractors who need to know and are bound by confidentiality. If disclosure is legally required, advance notice will be given unless prohibited.

11.4)Confidentiality obligations continue for 5 years after this Agreement ends and, for trade secrets, for as long as the information remains a trade secret.

12. Warranties and Disclaimers

12.1)Each party represents that it has authority to enter into this Agreement and perform its obligations.

12.2)Pushouse warrants that it will provide the paid Platform materially in accordance with its published documentation and with commercially reasonable care. The Customer must notify Pushouse promptly of a material non-conformity; Pushouse's first remedy is to reperform the service or cure the non-conformity.

12.3)Except for the express warranty above, and to the maximum extent permitted by law, the Platform is provided "as is" and "as available". Pushouse does not warrant uninterrupted or error-free operation, any particular commercial result, revenue, delivery, conversion, or that the Platform alone ensures legal compliance.

12.4)Pushouse does not warrant the performance of Third-Party Services or results arising from Customer content, campaigns or configuration. Rights that cannot be excluded under mandatory law remain unaffected.

13. Indemnification and Defence

13.1)The Customer will defend Pushouse against third-party claims arising from Customer Data or content, message recipients and permissions, unlawful campaigns, breach of the Policies or use of Third-Party Services, and will pay final damages, reasonable settlements and reasonable legal costs.

13.2)Pushouse will defend the Customer against a third-party claim that authorised use of the Platform infringes an intellectual-property right and will pay final damages and reasonable legal costs. Pushouse may modify or replace the feature, obtain a right of continued use or, if those options are not commercially reasonable, terminate the affected Subscription and refund unused prepaid fees pro rata. This obligation excludes claims arising from Customer Data, unauthorised modification, use contrary to instructions or combinations not supplied by Pushouse.

13.3)The indemnified party must promptly notify the indemnifying party in writing, allow it to control the defence and settlement, and provide reasonable cooperation. Delay reduces the obligation only to the extent it materially prejudices the defence; a settlement admitting liability for the indemnified party requires its reasonable consent.

14. Limitation of Liability

14.1)To the maximum extent permitted by law, neither party is liable in contract, tort or otherwise for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings or data, even if advised that such loss was possible.

14.2)Subject to Sections 14.3 and 14.4, each party's aggregate liability arising from this Agreement will not exceed the greater of the total fees paid or payable by the Customer to Pushouse during the 12 months before the first event giving rise to liability and USD 100.

14.3)Pushouse's aggregate liability for breach of its confidentiality obligations or data-protection and security obligations under the Data Processing Addendum will not exceed two times the general cap in Section 14.2.

14.4)The limitations do not apply to fraud, wilful misconduct or gross negligence, death or personal injury, a party's infringement of the other party's intellectual-property rights, the Customer's payment obligations, indemnification under Section 13, or liability that cannot lawfully be limited.

14.5)The parties agree that the fees reflect this allocation of risk and that these limitations are an essential basis of the Agreement even if a remedy fails of its essential purpose.

15. Term, Suspension and Termination

15.1. Term and Cancellation of Renewal

a)This Agreement begins on electronic acceptance and continues until all Subscriptions and the account have ended. Each paid Subscription runs for the billing period displayed on the Platform at acceptance.

b)The Customer may cancel automatic renewal through its Platform account settings before the renewal date. Cancellation takes effect at the end of the current paid term; no external termination agreement, wet-ink signature or paper notice is required.

15.2. Suspension

a)Pushouse may immediately suspend some or all access for overdue payment, a security risk, unlawful or AUP-violating use, unsolicited communications, a third-party requirement or imminent harm to the Platform or others. Where practicable, Pushouse will state the reason and remediation steps.

b)Suspension does not remove the Customer's payment or other accrued obligations. Pushouse will restore access within a reasonable time after the cause is cured and no continuing risk remains.

15.3. Termination

a)Either party may terminate this Agreement or the affected Subscription if it gives written notice of a material breach and the breach is not cured within 15 days after receipt. An incurable breach, unlawful use or serious security risk may be terminated immediately.

b)Pushouse may elect not to renew a paid Subscription on at least 30 days' notice. If Pushouse terminates mid-term without a Customer breach, it will refund unused prepaid fees pro rata.

c)Either party may terminate immediately, to the extent permitted by law, upon the other party's insolvency or liquidation or if a binding law or authority decision prohibits continued service.

15.4. Effects of Termination and Data Deletion

a)Fees accrued through the termination date become due. The Customer should use standard export tools during the Subscription and has 30 days after termination to request an available standard copy.

b)Pushouse will delete or anonymise Customer Data within 90 days after termination, excluding data that must be retained under applicable law, the DPA or a legitimate dispute and data in ordinary backup cycles. Backup data will not be used for production purposes and will be deleted in the normal cycle.

c)Payment, intellectual-property, confidentiality, indemnity, liability, dispute and data-deletion provisions that by their nature should survive will remain in effect after termination.

16. Force Majeure

16.1)Except for payment obligations, neither party is liable for delayed performance caused by events beyond its reasonable control, including natural disaster, war, terrorism, pandemic, general internet or telecommunications failure, widespread cloud infrastructure failure, labour dispute, sanction, embargo, government action or a similar event.

16.2)The affected party will give notice within a reasonable time, use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable. Payment obligations accrued before the event remain due.

16.3)If force majeure continuously prevents the affected paid service for more than 60 days, either party may terminate the affected Subscription by written notice, and Pushouse will refund unused prepaid fees pro rata.

17. Changes to These Terms

17.1)Pushouse will notify the Customer of a material change to this Agreement or the Policies by email or in-Platform notice at least 30 days before it takes effect and will publish the current version.

17.2)A change needed sooner due to a legal requirement, security risk, fraud prevention or a Third-Party Service change may take effect immediately; Pushouse will provide a reasoned notice as soon as practicable.

17.3)If a material change has a significant adverse effect on the Customer, the Customer may terminate the Subscription online before the change takes effect. Pushouse will refund unused prepaid fees pro rata following such termination.

17.4)Continued use after the effective date constitutes acceptance of the current version. Pushouse will request a new affirmative clickwrap acceptance where mandatory law or the nature of the change requires it.

18. Governing Law and Disputes

18.1)This Agreement is governed by the applicable substantive laws of the United Arab Emirates and the Emirate of Dubai, excluding conflict-of-law rules.

18.2)Before commencing court proceedings, the parties will seek a good-faith resolution through authorised representatives for 30 days after written notice of the dispute.

18.3)The Dubai International Financial Centre (DIFC) Courts have exclusive jurisdiction over all disputes arising out of or connected with this Agreement. Proceedings will be conducted in English.

19. General Provisions

19.1)This Agreement, the Subscription terms displayed on the Platform at acceptance and the incorporated Policies are the entire agreement between the parties. The plan display controls only the plan, term, fee, currency, billing and usage limits; the DPA controls personal-data processing. This Agreement controls all other conflicts.

19.2)Notices may be sent electronically to the registered account email, through an in-Platform notice, or to [email protected]. Electronic records and notices satisfy writing requirements to the extent permitted by applicable law.

19.3)The Customer may not assign this Agreement without Pushouse's prior electronic consent. Pushouse may assign it to an affiliate or in connection with a merger, reorganisation or transfer of its business, provided service continuity and the Customer's rights are not materially reduced.

19.4)The parties are independent contractors. This Agreement does not create a partnership, agency, employment, franchise or third-party beneficiary relationship.

19.5)If a provision is unenforceable, the remaining provisions remain effective and the invalid provision will be enforced to the closest lawful extent. Failure to exercise a right is not a waiver.

19.6)The English and Turkish versions are intended to have the same scope. If there is a difference in interpretation, the English version controls unless mandatory law requires otherwise.

19.7)This Agreement is concluded electronically; no paper copy, wet-ink signature, stamp, external agreement or physical service of notice is required.

Contact

Company: Pushouse L.L.C-FZ

Address: Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.

Email: [email protected]

Licence No: 2540189.01

Tax Registration No: 105300073100001