Terms of Use

1. Introduction and Acceptance

These Terms of Use ("Terms") govern your access to and use of the software platform, APIs, documentation, tools, and services provided by Hawiyat ("Hawiyat," "we," "us," or "our"). This includes the Hawiyat AI Composer platform, associated APIs, dashboards, and all related software and infrastructure (together, the "Service").

By placing an order for, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

If you accept these Terms on behalf of a company, organization, or other legal entity ("Entity"), you represent and warrant that you have the authority to bind that Entity to these Terms. If you lack such authority, or if you do not agree to these Terms, you must not accept them on behalf of the Entity and may not use the Service.

Review our Privacy Policy for details on how we collect, use, store, and protect your personal data.

2. Definitions

The following definitions apply throughout these Terms:

• "User," "you," "your." Any individual or Entity that accesses or uses the Service.
• "Account." Your Hawiyat account, provisioned as part of your order and onboarding.
• "Workspace Credentials." Unique credentials issued by Hawiyat that identify your Composer workspace and authorize access to the Service and its API.
• "Composer." Hawiyat's AI execution engine. Composer sits between your business systems and Frontier Models. For each task it decides the best way to accomplish it: which model to route to, what context to carry, which tools to call, and whether the result is good enough. It then executes, evaluates, and learns. "Hawiyat AI Composer" and "Composer" refer to the same engine.
• "Execution Layer." The software Hawiyat operates between your systems and Frontier Models. It understands tasks, plans execution, routes each run to the most appropriate model and tools, executes the work, evaluates the result, and logs telemetry. Models are routes within the layer, never products sold separately.
• "Frontier Models." AI models provided by third-party model providers, including Anthropic (Claude), OpenAI (GPT), Google (Gemini), and other frontier AI laboratories.
• "Inputs." Data, prompts, code, text, or other content you submit to the Service.
• "Outputs." Code suggestions, text, results, or other content generated by the Service in response to your Inputs.
• "Run." A unit of work executed by the Service. Each run flows through the execution pipeline (understand, plan, route, execute, evaluate, result) and is logged with telemetry.
• "Plan." The service level you select for Composer or a managed service (e.g., Pro, MAX 5X, MAX 20X, Enterprise, or a managed hosting plan), each with its own capacity and billing terms.
• "Subscription Period." The recurring billing cycle for your plan (monthly, unless otherwise specified).
• "DZD." Algerian Dinar, the currency in which all Hawiyat pricing and billing is denominated.
• "Content." Inputs and Outputs, taken together.

3. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, whichever is greater, to use the Service. By accepting these Terms, you represent and warrant that:

• You meet the age requirement described above;
• You have not previously been suspended or banned from the Service;
• Your order and use of the Service comply with all applicable laws in your jurisdiction; and
• You are not located in, under the control of, or a national or resident of any country subject to comprehensive international sanctions.

4. Account Registration and Security

4.1 Account Creation

Access to the Service is provisioned by Hawiyat after your order is confirmed. You agree to provide accurate, current, and complete information at the time of order, and to keep it up to date through our support team.

4.2 Account Security

You are solely responsible for:

• Keeping your account credentials (password and workspace credentials) confidential;
• All activities that occur under your Account, whether or not you authorized them;
• Notifying Hawiyat immediately if you become aware of any unauthorized use of your Account.

4.3 Authentication

Hawiyat may require or offer additional authentication for certain accounts or features. You agree to follow any authentication requirements Hawiyat communicates to you for your workspace.

5. The Service: Hawiyat AI Composer

5.1 What Composer Is

Hawiyat AI Composer is the AI execution engine. It does not train, host, or operate the underlying AI models. Instead, it sits between your business systems and Frontier Model providers, deciding the best way to accomplish each task: which model to route to, what context to carry, which tools to call, and whether the result is good enough.

Each unit of work is a Run. Composer understands the task, plans its execution, routes it across the most appropriate model and tools, executes it against your systems, evaluates the result, and logs the outcome with telemetry. Models are routes within the layer, not products sold separately.

Hawiyat owns and runs the Execution Layer. The underlying AI models are owned and run by third-party providers (Anthropic, OpenAI, Google, and others). Your outputs are produced by those models, carried and evaluated by Hawiyat's execution layer.

5.2 How It Works

• Workspace Activation. When you subscribe, our team activates your Composer workspace within 24 hours of order confirmation. You connect the workspace to your tools, IDE integrations, or the Composer API for custom workflows.
• Task Understanding. When you submit Inputs, Composer determines what the task actually requires: the goal, the context from your connected systems (WhatsApp, CRM, ERP, email, databases, workflows), and the tools needed to complete it.
• Planning and Routing. Composer plans the execution and routes the run to the most appropriate Frontier Model and tools based on the task type, complexity, quality requirements, latency, and cost. This may include models from Anthropic, OpenAI, Google, and other providers.
• Execution and Evaluation. The run is executed against your systems, and the result is evaluated for quality, correctness, and completeness before it is delivered to you. Telemetry and evaluation logs are available from Hawiyat on request.
• Learning. Composer uses the outcome of each run to refine routing and execution decisions over time, so repeated work is handled more efficiently.

5.3 Hawiyat's Relationship to Frontier Model Providers

Hawiyat acts as an intermediary between you and Frontier Model providers. Specifically:

• Hawiyat does not own, control, or operate any Frontier Model;
• Hawiyat does not determine the capabilities, limitations, or training data of Frontier Models;
• Hawiyat may change, add, or remove Frontier Model providers at any time without prior notice, as long as comparable service levels are maintained;
• Hawiyat is not responsible for changes to a Frontier Model provider's terms, pricing, availability, or capabilities.

5.4 Service Availability

Hawiyat will use commercially reasonable efforts to keep the Execution Layer available. The Service depends on third-party Frontier Model providers for output generation. Hawiyat is not liable for downtime, degradation, or unavailability caused by those providers, including API outages, rate limit changes, model deprecations, or policy changes by Anthropic, OpenAI, Google, or others.

5.5 Support

Hawiyat provides customer support for all active subscribers. Support covers the Execution Layer and Composer interface. Support for Frontier Model-specific behavior is limited to how that behavior appears through the Execution Layer. Support is available in Arabic, French, and English through WhatsApp and our support channels on the site.

5.6 Managed Services

Managed services (n8n hosting, the Evolution API, and hosting plans) are deployed, maintained, and monitored by Hawiyat. Managed means Hawiyat operates the infrastructure for you, including updates, backups, and uptime monitoring, and provides access to your instance and the data it holds in accordance with your plan. The Evolution API is a third-party tool and is not an official WhatsApp or Meta product. It connects your WhatsApp number to our infrastructure, and our responsibility is limited to what we control: hosting, setup, and support.

5.7 Service Level Agreement

Where a plan specifies an uptime commitment (for example, the 99.9% uptime guarantee on n8n and WhatsApp infrastructure Enterprise plans), uptime is measured per billing cycle as the percentage of time the managed service is reachable and responding, excluding scheduled maintenance and outages caused by third-party providers described in Section 13. If Hawiyat misses the specified uptime commitment in a billing cycle and the plan states that compensation applies, Hawiyat will provide the compensation described for that plan, which is your sole remedy for such a failure.

6. Workspace and API Access

6.1 Issuance

After your order is confirmed, Hawiyat provisions your Composer workspace and, where your plan includes API access, issues unique credentials that identify your workspace and authorize programmatic access to the Service. Credentials are generated, delivered, and managed by Hawiyat; there is no self-serve issuance portal.

6.2 Access Model

Composer is accessed through your provisioned workspace, IDE integrations, and the Composer API. Where API credentials are issued, usage tracking and support are tied to your workspace rather than to any single third-party key.

6.3 Your Obligations

You must:

• Keep your workspace credentials confidential and secure;
• Not share, publish, or expose your workspace credentials to any unauthorized party;
• Not embed workspace credentials in client-side applications, public code repositories, or publicly accessible locations;
• Contact support immediately to rotate your key if you suspect it has been compromised;
• Use workspace credentials only for purposes authorized under these Terms;
• Accept responsibility for all usage and charges incurred through your workspace credentials, whether you authorized them or not.

6.4 Key Rotation

Hawiyat may require workspace credential rotation at any time for security reasons. You will be notified in advance except in emergencies where immediate rotation is needed to protect the Service.

6.5 Termination of Keys

When your Account or subscription is terminated, all associated workspace credentials are revoked immediately.

7. Payment Terms (Algerian Dinar)

7.1 Currency

All fees, charges, prices, and payments under these Terms are denominated in Algerian Dinar (DZD / DA). Payments are accepted in DZD via CCP or Baridi Mob; USD is accepted for international customers at the agreed rate.

7.2 Pricing

Hawiyat sets and may modify pricing for the Service. Current pricing is on our pricing page. Price changes are communicated in advance by email, WhatsApp, or other reasonable means. Your continued use after a change takes effect means you accept the new pricing.

7.3 Plans and Billing

• Composer Plans. Pro and MAX tiers are billed as a monthly subscription in DZD. Capacity is measured in execution runs or tasks, as defined in the plan. Payment: DZD via approved methods.
• Managed Services. n8n and WhatsApp infrastructure plans are billed yearly in DZD; hosting plans are billed monthly in DZD, as defined in the plan.

Service availability may change. Hawiyat may suspend sales of, or temporarily pause, any specific service (for example, hosting) and will communicate such changes on the site and by email or WhatsApp. A paused service is not charged to new or existing subscriptions.

7.4 Payment Methods

Payment is made by CCP transfer, Baridi Mob, or USD as selected at order time and confirmed through our support team. Hawiyat does not store payment credentials or automatically charge a payment method; each subscription period is confirmed before it renews. Fees are non-refundable as described in Section 7.5.

7.5 Non-Refundable Fees

Unless stated otherwise or required by law, all fees are non-refundable, including fees for partially used subscription periods. Where you are a consumer under Algerian consumer-protection law and a mandatory withdrawal right applies to a distance or electronic sale, that right is not excluded, and you may cancel within the legal withdrawal period for a refund of amounts not yet consumed.

7.6 Taxes

You are responsible for all taxes, levies, and duties imposed by taxing authorities in your jurisdiction, except taxes based on Hawiyat's net income.

7.7 Late Payments

If any amount due is not paid by the due date, Hawiyat may:

• Suspend your access to the Service until payment is received;
• Terminate your Account after thirty (30) days of non-payment;
• Recover reasonable collection costs, including legal fees.

8. Usage and Capacity Policy

8.1 Included Capacity

Composer Pro and MAX plans include a monthly capacity of execution, measured in runs or tasks as defined on our pricing page and varying by plan tier. This is the amount of work included in your monthly subscription.

Your included capacity covers your usage for the full month. The limit stays as published on our pricing page until Hawiyat changes it. Any change to included capacity or pricing is communicated in advance by email, WhatsApp, or other reasonable means, and takes effect in the next billing cycle.

8.2 How Included Capacity Works

• Your included capacity is a fixed ceiling for the billing cycle. It does not expire early or reduce if unused;
• Usage is tracked against your capacity throughout the month;
• You receive a notification at 80% utilization;
• At 100%, additional usage beyond the included capacity requires a separate arrangement under Section 8.3.

8.3 Exceeding Your Included Capacity

If your usage exceeds the included capacity before the end of the billing cycle, or if you anticipate needing more than your plan provides, Hawiyat handles this through a charging process:

• Contact Hawiyat support to request additional usage beyond your included capacity;
• Hawiyat reviews your usage pattern and provides a quotation for the additional usage, payable in DZD;
• Additional usage is activated only after you confirm and pay the quoted amount;
• The charge covers additional usage for the remainder of the current billing cycle or as otherwise agreed;
• The same terms, restrictions, and acceptable use policies apply to additional usage;
• Hawiyat may decline additional usage requests at its discretion.

8.4 Capacity Does Not Carry Over

Unused capacity does not carry over to the next billing cycle. Each month's capacity is independent. What you don't use this month does not add to next month.

8.5 Changes to the Included Capacity

Hawiyat may modify the included capacity in each plan tier, and the pricing for additional usage. Changes are communicated at least thirty (30) days in advance by email, WhatsApp, or other reasonable means. Your continued use after a change takes effect means you accept it. If you disagree, you may terminate your subscription before the change takes effect.

8.6 Usage Monitoring

You can request your current usage, remaining capacity, and billing history from Hawiyat support or, where available, through the Hawiyat Execution Console. Usage data is provided on a best-effort basis; actual billing is based on Hawiyat's internal records.

9. Usage Restrictions and Prohibited Activities

9.1 General Usage Restrictions

Except where prohibited by applicable law, you may not:

• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code, object code, or underlying structure of the Service;
• Reproduce, modify, translate, or create derivative works of the Service;
• Rent, lease, loan, sell, sublicense, or distribute the Service or any access to it;
• Remove, alter, or obscure any proprietary rights notices on the Service;
• Use the Service or any Output to develop or train a competing AI model, or engage in model mining, model distillation, or model stealing;
• Provide any third party with access to the Service using your workspace credentials, except as expressly authorized;
• Share, resell, or transfer your subscription, workspace credentials, or included capacity to any third party;
• Use the Service for benchmarking or competitive analysis without Hawiyat's prior written consent;
• Collect, extract, scrape, or systematically retrieve data from the Service;
• Use automated scripts, bots, crawlers, or other automated means to access the Service except through the documented API;
• Exceed the rate limits or included capacity of your plan;
• Circumvent or attempt to circumvent any usage limitations, included capacity, or security measures of the Service.

9.2 Prohibited Content

You may not use the Service to generate, store, transmit, or distribute content that:

• Is illegal or violates any applicable law or regulation;
• Infringes, misappropriates, or violates the intellectual property, privacy, or other rights of any third party;
• Contains or promotes malware, viruses, worms, Trojan horses, ransomware, spyware, adware, or other malicious software;
• Is defamatory, obscene, pornographic, abusive, harassing, threatening, or hateful;
• Promotes discrimination, violence, or hatred against any individual or group;
• Is fraudulent, deceptive, or misleading;
• Constitutes unsolicited or unauthorized advertising, spam, or promotional material;
• Contains personal or confidential information of any third party without authorization (e.g., Social Security numbers, credit card numbers, passwords);
• Is subject to specific protections under applicable laws (e.g., HIPAA, PCI-DSS, GLBA data) unless you have obtained all necessary consents;
• Violates the terms of service of any third-party model provider accessed through the Service.

9.3 Prohibited Use Cases

You may not use the Service for:

• Cyberattack development: creating, improving, or assisting in tools, techniques, or code intended for unauthorized access to computer systems, networks, or data;
• Surveillance and espionage: building or operating surveillance tools, spyware, stalkerware, or systems for unauthorized monitoring of individuals;
• Weapons development: designing, developing, or improving weapons systems, including autonomous weapons, chemical weapons, biological weapons, nuclear weapons, or their delivery systems;
• Fraud and impersonation: creating content or code intended to defraud, impersonate, or deceive;
• Election interference: generating content intended to influence elections, spread political disinformation, or suppress voter participation;
• Non-consensual content: generating intimate, explicit, or sexual content of or about individuals without their consent, including non-consensual deepfakes;
• Regulated activities: using the Service as a substitute for licensed professional advice in medical, legal, financial, or other regulated fields without appropriate human oversight;
• Mass automated abuse: using the Service to generate content at scale for spam, manipulation, or harassment;
• Unauthorized resale: reselling access to the Service, API outputs, or generated content as a competing service without Hawiyat's written authorization.

10. Security and Anti-Hacking Provisions

10.1 Prohibited Security Activities

You must not, and must not attempt to, directly or indirectly:

• Access or attempt to access any Account, server, system, network, database, or data you are not authorized to access;
• Probe, scan, or test the vulnerability of the Service or any related system or network without Hawiyat's prior written authorization;
• Circumvent, disable, interfere with, or attempt to circumvent any security feature, authentication mechanism, rate limiter, or access control of the Service;
• Launch or attempt any denial-of-service (DoS) or distributed denial-of-service (DDoS) attack against the Service or any related infrastructure;
• Extract, copy, or exfiltrate data from the Service by any unauthorized means;
• Attempt to gain unauthorized access through credential stuffing, brute force, password spraying, or any other authentication bypass technique;
• Attack, interfere with, or disrupt the Service's infrastructure, including DNS, load balancers, containers, virtual machines, storage systems, or network equipment;
• Introduce malicious code, backdoors, or vulnerabilities into any component of the Service, including through compromised Inputs, dependencies, or integrations;
• Attempt to gain unauthorized access to the Service or associated systems through social engineering of Hawiyat employees, contractors, or other users;
• Use the API in any manner that could damage, disable, overburden, or impair the Service, including through excessive requests, malformed payloads, or resource exhaustion attacks.

10.2 Security Incident Reporting

If you discover or suspect a security vulnerability in the Service, you must:

• Not publicly disclose the vulnerability;
• Not exploit the vulnerability beyond what is necessary to demonstrate it;
• Report it immediately to Hawiyat at security@hawiyat.org with detailed information;
• Cooperate with Hawiyat in investigating and resolving the issue.

Hawiyat will acknowledge receipt within 48 hours and will work with you in good faith to resolve the issue. Hawiyat may, at its discretion, recognize responsible disclosure through its security recognition program.

10.3 Your Security Obligations

You must:

• Implement and maintain reasonable security measures for your Account, workspace credentials, and any systems that integrate with the Service;
• Use strong, unique passwords for your Account;
• Enable multi-factor authentication when available;
• Revoke and rotate workspace credentials promptly if a security incident is suspected;
• Not store workspace credentials in plaintext, version control systems, or insecure locations;
• Comply with all applicable data protection and cybersecurity laws;
• Review Account activity regularly and report suspicious behavior to Hawiyat.

10.4 Monitoring and Enforcement

Hawiyat may monitor usage patterns to detect anomalous API usage, potential abuse, and security threats. Hawiyat may suspend or restrict access if it reasonably believes your Account or workspace credentials have been compromised, or if your usage poses a security risk to the Service or other users.

11. Intellectual Property

11.1 Hawiyat's IP

Hawiyat and its licensors retain all rights, title, and interest in the Execution Layer, including:

• The Composer execution pipeline, planning logic, and context management algorithms;
• Model routing and selection systems;
• Execution and evaluation systems;
• APIs, dashboards, documentation, and all associated software;
• Trademarks, trade names, and brand materials.

No implied license is granted under these Terms. The license to you is limited to using the Service as described in these Terms.

11.2 Frontier Model Providers' IP

The underlying Frontier Models, their weights, architectures, training data, and related intellectual property belong to their respective providers (Anthropic, OpenAI, Google, and others). These Terms grant you no rights in or to the Frontier Models themselves. Your use of Frontier Models through the Execution Layer is subject to each provider's terms of service.

11.3 Model Training (Frontier Model Providers)

Hawiyat does not control the training practices of Frontier Model providers. Each provider has its own data usage policies. Where technically feasible, Hawiyat configures the Execution Layer to route requests through API endpoints that opt out of provider-side training. Hawiyat cannot guarantee that a provider will not use data processed through its API in accordance with its own terms. You should review each provider's data usage policy.

11.4 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant Hawiyat a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Service without restriction or compensation.

11.5 Usage Data

Hawiyat may collect and analyze usage data (technical logs, performance metrics, usage patterns) for security, analytics, and service improvement. Usage data is disclosed to third parties only in aggregated or de-identified form that does not identify you.

11.6 No Training by Hawiyat

Hawiyat does not use your Inputs or Outputs to train, fine-tune, or improve any AI model, and does not sell your Content. Your Content is used only to provide and operate the Service, consistent with the Privacy Policy. Frontier Model providers are separate data controllers for data that leaves our infrastructure under Section 11.3.

12. AI Model Limitations and Disclaimers

12.1 Two-Layer Architecture

The Service operates as a two-layer system:

• The Execution Layer (Hawiyat): Software that understands tasks, plans execution, routes each run across models and tools, executes the work against your systems, and evaluates the result. It carries and delivers AI outputs but does not generate the underlying model responses.
• Frontier Models (Third-Party Providers): Large language models run by Anthropic, OpenAI, Google, and other providers. These produce the raw AI outputs based on the context and tasks routed to them by the Execution Layer.

Output quality depends on both layers. Hawiyat controls the Execution Layer but has no control over the Frontier Models.

12.2 Limitations of Frontier Models

Outputs generated by Frontier Models, even after evaluation by Composer, may:

• Contain errors, inaccuracies, hallucinations, or misleading information;
• Be similar or identical to outputs provided to other users of the same model;
• Produce repetitive, stereotypical, or biased content reflecting training data;
• Struggle with nuances of language, context, and intent;
• Have limitations in complex reasoning, judgment, and decision-making;
• Generate code that looks correct but contains subtle bugs, security vulnerabilities, logical errors, or dependency issues;
• Reflect the policies, safety filters, and behavioral constraints of the underlying model provider.

12.3 Limitations of the Execution Layer

Hawiyat's Execution Layer:

• May not plan or route every task perfectly. Execution planning is heuristic and best-effort;
• May select a Frontier Model that is not ideal for a specific use case;
• May add latency or overhead through the execution pipeline;
• Cannot guarantee that routing or evaluation will improve every Output;
• Is subject to its own software limitations, bugs, and errors.

12.4 Your Responsibility

You are solely responsible for evaluating all Outputs before use. You must review, test, and verify any code, content, or suggestions from the Service, whether produced by the Execution Layer or the underlying Frontier Models, before relying on them for production systems, business decisions, or any consequential purpose. Hawiyat does not guarantee the accuracy, completeness, or fitness for purpose of any Output.

12.5 No Professional Advice

The Service does not provide legal, medical, financial, accounting, or other professional advice. Outputs are not a substitute for professional judgment.

12.6 Model Provider Terms

Using the Service also means you accept the terms and policies of the underlying Frontier Model providers (Anthropic, OpenAI, Google, etc.). If there is a conflict between Hawiyat's Terms and a provider's terms, Hawiyat's Terms govern your relationship with Hawiyat. Frontier Model providers may impose additional restrictions on how their models are used, and you must follow those restrictions even when accessing models through the Execution Layer.

13. Third-Party Services and Providers

13.1 Frontier Model Providers

The Service depends on third-party Frontier Model providers for AI inference. These include, but are not limited to, Anthropic, OpenAI, Google, and other AI laboratories. Hawiyat acts as an intermediary between you and these providers through the Execution Layer.

Hawiyat makes no representations or warranties about Frontier Model providers. Each provider has its own terms of service, acceptable use policies, privacy policies, and service level agreements. Using the Service does not create a direct contractual relationship between you and any Frontier Model provider. Your relationship for AI inference is with Hawiyat.

13.2 Provider Changes

Hawiyat may add, remove, or replace Frontier Model providers at any time without prior notice. This may affect the availability, quality, cost, or behavior of Outputs. Hawiyat will use commercially reasonable efforts to maintain comparable service levels but does not guarantee that any particular model will remain available.

13.3 Other Third-Party Services

The Service may also rely on other third-party services, such as payment processors and infrastructure providers. Hawiyat makes no representations or warranties about these services. Your use of third-party services is subject to their terms.

13.4 Limitation of Responsibility

Hawiyat is not responsible for downtime, errors, rate limit changes, pricing changes, security incidents, policy changes, or service discontinuations by third-party Frontier Model providers or other third-party services.

13.5 Data Processing

Hawiyat processes Content and account data to provide the Service. Where you are a business and the Service involves personal data, Hawiyat acts as a processor on your documented instructions, as set out in a Data Processing Addendum available on request, which is incorporated into these Terms by reference. Hawiyat will notify you of any new sub-processors with an opportunity to object. Where Hawiyat itself is a data controller, the Privacy Policy governs. Nothing in this section overrides the model providers' independent processing described in Section 11.3.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Hawiyat, its affiliates, and their respective officers, directors, employees, contractors, agents, and representatives (together, "Hawiyat Parties") from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service, including any use that violates these Terms;
• Your Inputs, including any claim that your Inputs infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party;
• Your violation of any applicable law, regulation, or third-party right;
• Your violation of any security obligations under Section 10;
• Any unauthorized use of your Account or workspace credentials.

Hawiyat will defend, indemnify, and hold you harmless from third-party claims alleging that the Service, as provided by Hawiyat and used in accordance with these Terms, infringes a third party's intellectual property rights, subject to your prompt notice and cooperation and Hawiyat's sole control of the defense.

15. Limitation of Liability

15.1 Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Hawiyat does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

15.2 Limitation of Damages

To the maximum extent permitted by applicable law, no Hawiyat Party will be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or reputational harm, arising out of or related to these Terms or the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Hawiyat has been advised of the possibility of such damages.

15.3 Liability Cap

To the maximum extent permitted by applicable law, the total liability of Hawiyat Parties arising out of or related to these Terms or the Service will not exceed the greater of: (A) the amount you have paid to Hawiyat in the twelve (12) months before the event giving rise to the claim, or (B) one million Algerian Dinars (1,000,000 DZD).

15.4 Exceptions

The limitations in this Section 15 do not apply to: (a) Hawiyat's indemnity obligations under Section 14; (b) either party's breach of the confidentiality obligations in Section 19.10; (c) either party's willful misconduct or gross negligence; (d) liability that cannot be excluded or limited under applicable law; or (e) statutory consumer rights that cannot be waived.

16. Termination

16.1 By You

You may terminate your Account and stop using the Service at any time by contacting Hawiyat support. Termination does not entitle you to a refund of fees already paid, except as required by applicable law. Where a mandatory consumer withdrawal right applies, it is not excluded by this section.

16.2 By Hawiyat

Hawiyat may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including:

• Violation of these Terms, including the usage restrictions in Section 9 or security provisions in Section 10;
• Non-payment of fees;
• Requests by law enforcement or government agencies;
• Discontinuation of the Service, in whole or in part;
• Extended inactivity on your Account (twelve (12) months or more);
• Technical or security issues that pose a risk to the Service or other users.

16.3 Effect of Termination

Upon termination:

• Your workspace credentials are revoked immediately;
• Your access to the Service stops immediately;
• Hawiyat may delete your Account data after a reasonable retention period (minimum 30 days);
• Provisions that by their nature should survive termination will survive, including Sections 9, 10, 11, 12, 14, 15, and 18.

16.4 Refund on Termination by Hawiyat

If Hawiyat terminates your subscription for reasons other than your breach of these Terms, Hawiyat will provide a pro-rata refund for the unused portion of your current billing period.

17. Modifications to Terms

Hawiyat may modify these Terms at any time. Material changes are communicated by email, WhatsApp, or other reasonable means at least thirty (30) days before taking effect. Your continued use after the effective date means you accept the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and terminate your Account before the changes take effect.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of the People's Democratic Republic of Algeria, without regard to its conflict of laws principles.

18.2 Jurisdiction

Any dispute arising out of or relating to these Terms will first be submitted to the procedures in this Section 18. Where you are a commercial user, the exclusive forum for final resolution is arbitration under Section 18.4. If you are a consumer, you may bring any dispute before the competent Algerian courts.

18.3 Amicable Resolution

The parties will first try to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may initiate formal proceedings.

18.4 Arbitration

Any dispute between Hawiyat and a commercial user that cannot be resolved under Section 18.3 within thirty (30) days will be settled by final and binding arbitration under the rules of the Comite National de l'Arbitrage (CNA) in Algiers, in Arabic or French, applying the English text of these Terms. The arbitral award may be enforced in the competent Algerian courts.

18.5 Equitable Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, are the entire agreement between you and Hawiyat regarding the Service.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

19.3 Waiver

Failure by Hawiyat to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without Hawiyat's prior written consent. Hawiyat may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

Hawiyat will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or failures of third-party model providers or infrastructure providers.

19.6 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Hawiyat.

19.7 Language

These Terms are in English. If there is a conflict between the English version and any translated version, the English version prevails. Hawiyat may make these Terms available in Arabic and French for convenience, but only the English version is legally binding.

19.8 Notices

Notices to Hawiyat under these Terms must be sent to legal@hawiyat.org and support@hawiyat.org. Notices to you will be sent to the email address on your Account.

19.9 Export Controls

You must comply with all applicable trade laws, including sanctions regimes and export control laws. The Service may not be used in, for the benefit of, or exported or re-exported to any country or territory subject to international sanctions, or to any individual or entity with whom dealings are prohibited under applicable trade laws.

19.10 Confidentiality

Each party will keep confidential any non-public information of the other party obtained in connection with these Terms, and will use it only to perform these Terms. This clause does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law. This obligation survives termination.

20. Contact Information

For questions about these Terms, contact:

• General Inquiries: support@hawiyat.org
• Legal: legal@hawiyat.org
• Security: security@hawiyat.org
• Billing: billing@hawiyat.org

Hawiyat, Algeria
Website: https://hawiyat.org