Terms and conditions

These terms and conditions (the "Terms") govern access to the website https://siyahapro.com and use of the Siyaha Pro platform, published by Siyaha Pro ("we" or "us"). They apply to any business or professional that creates an account, uses the free trial or takes out a subscription (the "Client").

1. Definitions

Platform: the Siyaha Pro software available online, its modules, updates and documentation.
Account: the workspace created for the Client and the access rights attached to it.
User: any person authorised by the Client to access its Account (employees, staff, drivers, contractors).
Client Data: all information entered, imported or generated by the Client and its Users in the Platform.
Plan: the subscription offer chosen by the Client (Essentiel, Pro or Business, or any later plan).

2. Acceptance of the Terms

Creating an Account, activating the free trial or taking out a subscription constitutes full acceptance of these Terms. The person accepting them confirms that they have authority to bind the business they represent. The Platform is intended for professional use and is not offered to consumers.

3. Account creation and security

The Client undertakes to provide accurate information and keep it up to date. It is responsible for keeping its Users' credentials confidential, for assigning roles and permissions, and for every action taken from its Account. It must inform us without delay of any unauthorised use it becomes aware of.

4. One month free trial

Every new Client may use the Platform free of charge for one (1) month from the activation of its Account. The trial requires no bank card and involves no commitment and no automatic charge.

During the trial, the Client has access to the features made available for the trial period, within the reasonable limits of evaluation use.
At the end of the trial, the Account is not billed automatically. To keep using the Platform, the Client chooses a Plan and accepts the corresponding quote or proposal.
If no subscription is taken out, access to the Account is suspended. Client Data entered during the trial is kept for a limited period, to allow a later subscription, and then deleted.
We may refuse or end a trial in case of abuse, in particular repeated Account creation by the same business.

5. Subscriptions and Plans

The Platform is offered on a subscription basis under several Plans, whose content (modules, number of Users, level of support) is described on the website or in the commercial proposal sent to the Client. Prices are provided on request and set out in the quote or order form accepted by the Client.

The subscription is entered into for the period stated in the proposal (for example monthly or annual). Unless otherwise agreed, it renews automatically for an identical period unless either party terminates it before the end of the current period in accordance with section 13. The Client may ask to change Plan; the change takes effect as agreed.

6. Invoicing and payment

Subscriptions are invoiced in advance for each period, according to the payment terms set out in the proposal. Prices are exclusive of tax, and applicable taxes are added in accordance with current regulations. In the event of late payment, and after a reminder that remains unanswered, we may suspend access to the Account until full payment, without releasing the Client from its obligations. Amounts already paid are non-refundable, unless these Terms or a written agreement provide otherwise.

7. Acceptable use

The Client uses the Platform for its intended purpose, in accordance with the law and these Terms. The Client shall not, and shall ensure its Users do not:

use the Platform for any unlawful, fraudulent or misleading activity;
enter unlawful or defamatory content, or content that infringes third party rights;
process personal data without a lawful basis or in breach of law no. 09-08;
send bulk unsolicited commercial messages through the Platform;
attempt to gain unauthorised access to other Accounts, servers or source code;
disrupt the Platform, deliberately overload it or introduce malicious code;
copy, resell, rent or make the Platform available to third parties outside its organisation;
reverse engineer the Platform, except to the extent permitted by law.

In case of breach, we may suspend the relevant access after informing the Client, or immediately where the security of the Platform or of third parties requires it.

8. Ownership of Client Data

The Client remains the sole owner of its Data. We acquire no rights over it, other than a limited, non-exclusive licence to host, process and display it for the sole purpose of providing the Platform and support. We do not sell Client Data and do not use it for our own commercial purposes.

At any time during the subscription, and for a return period after it ends, the Client may request an export of its main Data in a usable format. At the end of that period, the Data is deleted from the Platform, subject to legal retention obligations. The Client remains responsible for the accuracy, lawfulness and backup of its own Data.

9. Personal data

For personal data contained in Client Data, the Client acts as controller and we act as processor, in accordance with law no. 09-08 and, where applicable, the GDPR. Our commitments in this respect are described in our privacy policy, which forms an integral part of these Terms.

10. Intellectual property

The Platform, its code, interface, trademarks, logos, texts and documentation are the property of Siyaha Pro or its licensors. The subscription grants the Client a personal, non-exclusive and non-transferable right of use, for the duration of the subscription and for its internal needs. Improvement suggestions sent by the Client may be freely used by us to develop the Platform.

11. Availability, changes and support

We use reasonable efforts to keep the Platform available on a continuous basis, without guaranteeing uninterrupted access. Access may be temporarily suspended for maintenance, updates or events beyond our control; we endeavour to notify the Client of planned work. The Platform may evolve: we may add, change or remove features, without substantially reducing the essential functions of the subscribed Plan during a current period. Support is provided as set out for each Plan.

12. Liability

Our obligations are obligations of means. The Client remains responsible for its use of the Platform, for the operational and commercial decisions it makes, for the information it provides to its own customers and for compliance with the regulations that apply to its tourism business.

We may only be held liable for proven fault and for direct damage only. We are not liable for indirect damage such as loss of revenue, customers, reputation or data resulting from improper use. In all cases, and to the extent permitted by law, our total liability for any contract year is limited to the amount actually paid by the Client in the twelve (12) months preceding the event giving rise to the claim. During the free trial, the Platform is provided as is. None of these limitations applies in case of gross negligence or wilful misconduct.

13. Term, suspension and termination

Termination by the Client: the Client may stop the renewal of its subscription at any time, with effect at the end of the current period, unless its proposal provides otherwise.
Termination for breach: either party may terminate the subscription in the event of a serious breach by the other party that is not remedied within fifteen (15) days of written notice.
Suspension: we may suspend access for non-payment or breach of section 7, under the conditions described above.
Effects of termination: access to the Platform ends, sums due remain payable and the Client has the return period set out in section 8 to retrieve its Data.

14. Changes to the Terms

We may amend these Terms, in particular to reflect changes to the Platform or to the law. Clients are informed of any substantial change before it takes effect. Continued use of the Platform after that date constitutes acceptance of the new Terms; if the Client does not agree, it may terminate its subscription at the end of the current period.

15. Governing law and disputes

These Terms are governed by the laws of the Kingdom of Morocco. In the event of a dispute about their interpretation or performance, the parties will first seek an amicable solution. Failing agreement within a reasonable time, the dispute will be submitted to the competent courts of the Kingdom of Morocco.

16. Miscellaneous

If any clause of these Terms is held invalid, the remaining clauses continue to apply. Failure to enforce a breach does not constitute a waiver. The contractual documents comprise, in order of priority, the accepted commercial proposal, these Terms and the privacy policy.

17. Contact

For any question about these Terms, contact us via Contact. Plan information is available on the pricing page, and the free trial can be started from the free trial page.

Terms and conditions of use and subscription