Pulsar Software and Service License Agreement

Date of publication of the current version of the offer on the Internet page https://psr.com.eg/en/offer/ and entry into force: December 1, 2023.

The present document is an offer of Pulsar for Information Technology L.L.C (the First Party) addressed to the User to conclude an Agreement on the use of Pulsar Software and Services on the conditions set forth in this offer (hereinafter referred to as the "Agreement"). By subscribing to the services provided by Pulsar for Information Technology L.L.C the Second Party ("User") undertakes to comply with the terms and conditions of the present Agreement.

The Agreement shall be considered to be concluded and become effective from the moment the User performs the actions specified in the present Offer, which means that the User unconditionally accepts all conditions of the present Offer without any exceptions or limitations.

Subscriber Number - a phone number assigned to the User by the cellular operator at the moment of the User's connection to the cellular operator's network, unambiguously identifying the person who has entered into a contract with the cellular operator for provision of mobile communication services. If the User changes his/her Subscriber number, he/she undertakes to notify the Operator no later than within 3 (three) days from the moment of change by means of a written application or via the feedback form on the Service WEB-site.

Acceptance - full and unconditional acceptance of the conditions of the Offer by the User.

Payment Service - a service provided by the Service Operator, allowing to make mutual settlements between the Service Operator and the User, functioning within the framework of the Agreement and, if applicable, public offers on the use of third party payment services available on the Service Website, aimed at granting the User non-exclusive rights to use the User Software and Partner Software by making payment for access.

Agreement - the present agreement on the use of Pulsar Software and Service, the subject of which is both the transfer of the rights to use the software on the conditions of a simple non-exclusive license and the provision of services by the Service Operator at the User's request.

Authentication Data - a combination of the User's password identification number.

User Identification Number / Login - a unique number of the User in the Service assigned when the User registers in the Pulsar Service. The User's identification number is the User's Subscriber number specified by the User during registration in the Service, which is also the identifier of the User's Account.

Use of the Service Operator's Software (Pulsar Software) - any actions taken by the User to access the Service for the purpose of using the Cash Register Software, User Software, and Partner Software.

Cash register Software - Software installed on the PSR smart terminal, which is a PSR POS application, the right to use which is transferred to the User under the conditions of a simple (non-exclusive) license.

User Software - Software, including the User's Personal Account, available on the Internet or as a mobile application installed on the User's cell phone, including all software modules and components located on the Operator's server facilities or installed on the User's cell phone, access to which is granted to the User to perform actions related to the use of the Service and to obtain non-exclusive rights to use the Operator's Software.

Partners' Software - Software, the right to use which is granted by the Operator on the conditions of a simple non-exclusive sublicense.

Service Operator - Pulsar for Information Technology L.L.C, existing under the laws of the Arab republic of Egypt holding the Commercial Register No. 200569, Tax ID 711-467-439, managing the Service.

Partner of the Service Operator - a third party legal entity registered under the laws of the Arab Republic of Egypt providing the Operator with the right to transfer licenses for the Partner's Software to the Users.

Users - a legal entity or an individual entrepreneur, registered in accordance with the current legislation of the Arab Republic of Egypt, as well as foreign organizations, who have performed actions aimed at the conclusion of the Agreement for the purpose of using the Pulsar Service.

Registration - registration of the User in the prescribed form and creation of the User's Account and Identification number in the Service by means of the Cash Register Software, User Software or WEB-site of the Service.

User's Personal Account (Account) - a set of protected pages of the Service's WEB-site created as a result of User's registration in accordance with the procedure stipulated in Section 3 of this Offer, using which the User is able to enter into license agreements, in particular, to purchase Programs, change information about himself/herself, make payments, as well as perform other actions. Access to the Personal Account is carried out by entering the Account data in the fields provided for this purpose on the WEB-site of the Service.

User's Account Data - User Identification Number (login) and password for access to the Personal Account. User's Account Data is recognized as a simple electronic signature of the User in relations with the Service Operator.

Parties(s) - the Service Operator (the First Party) and the User (the Second Party).

Service - a set of software and hardware base and its updates, placed in the Internet on the WEB-site https://psr.com.eg/ and https://psr-it.com/, consisting of a set of Programs. The Service allows the User to use the Programs online, under the conditions of the present Agreement, User Software or license agreements with Partners.

WEB-site of the Service - WEB-site placed in the Internet at the electronic address: https://psr.com.eg/. If the text of this Offer does not contain an unambiguous interpretation of any term, the User undertakes to be guided primarily by the interpretations given on the Service's WEB-site.

PSR Smart Terminal - a hardware and software complex consisting of a full-featured modular POS system based on Android with the ability to connect acquiring and external peripherals, pre-installed Cash Register Software, as well as a set of cloud services independently configured by the User.

2.1. The Subject of the Agreement is the provision by the Service Operator to the User of the right to use the Pulsar Software under the conditions of a simple (non-exclusive) license by means of its reproduction and distribution within the limits specified in the Agreement and other agreements concluded by the Parties.

2.2. In order to get access to the PSR Service Software, the User shall register the User's Account in the Service in accordance with the procedure stipulated in Section III of this Agreement.

2.3. The Service Operator is entitled to hold incentive events. The events may be held in the form of discounts on individual Software of the Service Operator and its Partners, in the form of special promo codes, certificates, gift cards, which give the opportunity to purchase Software from the Service Operator and its Partners. The Service Operator may also provide the User with a test period, during which the User gets access to the Service with limited and/or full functionality in order to study the capabilities of the Service.

3.1. Registration of the User's Identification Number in the Service is carried out in the Internet on the WEB-site of the Pulsar Service. For registration of the User's Identification Number in the Service the User's Subscriber number is used, which is also the identifier of the User's Account in the Service Operator's accounting system.

3.2. Registration is considered to be completed after the User correctly enters the Authentication data received from the Service Operator in the SMS confirmation.

3.3. By performing actions on registration of the Account (User's Identification Number in the Service) the User accepts the conditions of the Offer unconditionally and in full.

3.4. From the moment of registration of the User's Identification Number in the Service, the User is entitled to use the Service in accordance with the procedure and under the conditions contained in the present Agreement, other documents of the Service and on the WEB-site of the Service.

3.5. The Operator is entitled to refuse the User's registration and conclusion of the Agreement without giving any reasons.

4.1. The Service Operator is entitled to suspend the execution of the present Agreement in case of blocking access to the User's Account created using the User's Subscriber Number specified as the User Identifier in the Service.

4.2. The Service Operator is not responsible for the accuracy of the information about the Partners' Software, and does not consider the Users' claims regarding the failure (improper fulfillment) of the Partners of the Pulsar Service to fulfill their obligations arising in connection with obtaining the right to use the Partners' Software by the Users.

4.3. The Service may contain links to WEB-sites and mobile applications of Partners and other third parties. The Service Operator is not responsible for the content and availability of such WEB-sites and mobile applications.

4.4. The Service Operator and the Service Partners are entitled to send to the User by all possible means information related to the Service, including advertising information.

4.5. The User may contact the technical support of the Service via the feedback form on the WEB-site of the Service or by sending a letter to the appropriate e-mail address specified on the WEB-site of the Service.

4.6. The Service provides the User with an opportunity to post information in the form of text messages (reviews) on the pages of the Partners' software in the Service, as well as to view messages posted by other Users and add comments to them for free.

4.7. the User agrees that the messages posted by the User in the Service may be used by the Service Operator, including published by it on other services and/or web pages in the Internet, as well as included in advertising / marketing materials of the Service Operator to attract the attention of Users to the Software and services of the Service Operator and third parties, both with the indication of the author of the message and under the condition of anonymity. The Service Operator is entitled to grant these rights to third parties.

4.8. The Service Operator does not check the information posted in the Service by other Users and Partners of the Pulsar Service and does not guarantee the reliability, accuracy, completeness and quality of the information, including its compliance with the legislation of the Arab Republic of Egypt and observance of the rights of third parties. The Service Operator is under no circumstances responsible for the information posted by third parties.

4.9. The Service Operator is entitled to delete reviews, comments, messages and other materials posted by third parties in the Personal Account or on the WEB-site of the Service independently and without notifying the Parties.

4.10. The Service Operator is entitled to limit the functionality of the Service in respect of Users who violate the conditions of the present Agreement, as well as Users whose messages have been deleted repeatedly.

4.11. The Service Operator is entitled to install Pulsar Software on the PSR Smart Terminals before the POS is handed over to the User (hereinafter referred to as the "pre-installed Software").

4.12. The Service Operator may install Pulsar Software in the User's Personal Account and on the PSR POS in order to familiarize the User with the Operator's additional services without prior notification of the User (hereinafter referred to as the "automatically installed Software").

4.13. The pre-installed and automatically installed Software is installed by the Service Operator in order to improve the operation of the Service and PSR Smart Terminals or to demonstrate to Users new tools and features available within the Service.

4.14. The right to use the pre-installed and automatically installed Software may be transferred either free of charge or on a reimbursable basis, in whole or in part. If the functionality of the pre-installed and automatically installed Software, in whole or in part, provides for the possibility of use on a reimbursable basis, the activation of such functionality can be performed by the User by paying an invoice.

4.15. The moment of transfer of the right to use the pre-installed and automatically installed Software to the User is the moment when the User starts using (first launch) such Software or when the User pays the invoice if the functionality of the Software can be activated by paying the invoice.

4.16. The User is entitled to refuse to use the pre-installed and automatically installed Software at any time.

4.17. By performing actions on registration in the Service (clause 3.3 of the Agreement), the User agrees to the processing by the Service Operator of the data provided by the User, created and accumulated in the process of using the Service. The processing of such data is carried out with or without the use of automation tools.

The purposes of processing the data specified in the present clause by the Service Operator are: improving the quality of the Service; use of the Service by the User; sending promotional materials to the User; organizing the User's participation in loyalty programs; conducting research based on the Service data.

4.18. By performing actions on registration in the Service (clause 3.3 of the Agreement) and accepting at the moment of registration the conditions of the Personal Data Processing and Protection Policy of Pulsar for Information Technology L.L.C., the User agrees to the processing of the User's Personal Data by the Service Operator, with or without the use of automation tools.

The Parties agree that the Customer's database may contain Personal Data in respect of which the Customer is the Controller. This data will be processed by the Service Operator at the Customer's instruction, when using any of the Services requiring a database (e.g. database update services), or if the Customer transfers its database or part of its database to PSR for any reason related to the present Agreement. Other conditions regarding the processing of the User's personal data are contained in the Personal Data Processing and Protection Policy of Pulsar for Information Technology L.L.C., which is publicly available on the Service's WEB-site.

The Service Operator undertakes not to disclose personal data to third parties without the User's consent and to treat all collected data in accordance with its official privacy policy published on the website.

4.19. In accordance with the Personal Data Processing and Protection Policy, the Service Operator has the right to entrust the processing of the User's personal data to another person on the basis of a contract concluded with this person. The contract with such a person will contain the obligation of the latter to ensure measures to protect the User's Personal Data.

4.20. The User certifies to the Service Operator that in case the User transfers personal data of its employees to the Service Operator, the User has received consent from such persons to transfer personal data to the Service Operator to the extent and for the purposes stipulated in the present Agreement.

4.21. The User consents to receive information about the products, rights of use and services provided to the User when using the Service by mail and e-mail, in messages to the Subscriber's Number, voice calls, SMS-messages, as well as to be informed about the existing and/or introduced products and services by any of the above mentioned methods.

4.22. The consents mentioned in clauses 4.17, 4.18 and 4.21 of the Agreement may be revoked by the User by sending a written application (including in electronic form) in any form, whereby the Service Operator explains to the User the consequences of revocation.

5.1. The User is entitled to use the Service in the manner and under the conditions stipulated by the present Offer.

5.2. The use of the Service is limited by the User's obligation not to reproduce, repeat or copy, not to sell or assign, as well as not to transfer to third parties access to the Service for the use of the Service WEB-site, Cash Register Software, User Software and Software of the Service Operator's Partners.

5.3. The right to use the Service after registration of the User Identification Number is granted under the conditions of a simple (non-exclusive) license. The right of use may not be granted by the User to third parties on the basis of a sublicense or any other agreement. The User undertakes to keep the data of his Personal Account and the information necessary to access the User's Personal Account from misuse by third parties.

If such information has been compromised (for example, if a third party has taken possession of the User's password, Personal Account or the User has disclosed the data required to access the Personal Account to a third party), the User undertakes to inform the Service Operator and take actions aimed at restoring the confidentiality of the data (for example, change the password to access the Service).

Any actions performed using the Personal Account and the User's identification data shall be deemed to have been performed by the User.

5.4. By accepting the Offer, the User agrees to use the Pulsar Software and all data obtained in the course of such use exclusively for the purposes related to the User's declared economic activities. The User accepts that the transfer of the data obtained using the Pulsar Software to third parties is possible only after obtaining the prior express consent of the Service Operator. The User is entitled to use, extract this data for analysis, under the condition that all rights to the results of such analysis will belong to the User and not to third parties.

5.5. The Operator is not responsible for the User's actions with the data collected by the User using the Service Operator's Software.

5.6. The User certifies to the Service Operator that the information entered in the User's Personal Account relates to the User and is reliable.

5.7. The Service Operator is not responsible to the User for improper fulfillment of obligations and does not compensate the User's losses resulting from incorrect or irrelevant information provided by the User to the Service Operator, including information contained in the Personal Account.

6.1. The Parties undertake to take all necessary measures for the security and protection of information exchanged in the Service or made available to the Parties in connection with the Use of the Service.

6.2. The Service Software and the hardware of the PSR Smart Terminal may collect and transmit information about the status and connections of the communication network, as well as nearby public networks and Wi-Fi connections in order to ensure the stability of the connection to the communication networks and improve the quality of data transmission via the communication networks.

7.1. The Service Operator is the owner of the exclusive rights to the Cash Register Software and the User Software. The conditions of the present Agreement section are the conditions of the Service Operator's License Agreement with the User (hereinafter referred to as the "Agreement") for the use of the Cash Register Software and the User Software (hereinafter referred to as the "Programs").

7.2. The Service Operator grants the User a non-exclusive right to use the Programs for the purposes of the Service Use under the conditions of the User's compliance with the obligations listed in the present Agreement.

7.3. The Agreement does not imply the transfer of any rights to the Programs to the User, except for those expressly listed in this Agreement or belonging to the User under the laws of the Arab Republic of Egypt. Other rights of the Service Operator to the Programs are protected by applicable laws and international treaties, as well as other laws and treaties governing the relations that may arise in relation to the Programs.

7.4. The User undertakes not to use the Service Operator's trademarks and service marks related to the Programs, not to modify, change, merge copies of the Programs, not to create derivative works of the Programs, as well as not to transfer copies of the Programs and not to grant the right to use the Programs to third parties. This provision applies equally to the Programs of the Partners.

7.5. The Programs are provided to the User "as is", without any guarantees. The Service Operator shall not be liable to the User for any damage or loss, including any loss of income, information or data of the User or third parties, as well as in case of prior notification by the User of the possibility of such damage, or for any claim of third parties, related to the use or inability to use the Programs contrary to the conditions of the Agreement or the description of the Programs operation provided by the Service Operator, including, but not limited to, negative consequences for the software and the Software. From the moment the User activates the Software, the license commission for the granted right to use the Software (simple non-exclusive license) is non-refundable.

7.6. The Service Operator ensures the functioning and operability of the Programs and undertakes to promptly restore its operability in case of technical failures and interruptions. The Service Operator shall not be liable for temporary failures and interruptions in the operation of the Programs and the loss of information caused by them. The Service Operator shall not be liable for any damage to the User's or any other person's computer, mobile devices, any other hardware or software caused by or related to the use of the Programs or any materials and information obtained through its use.

7.7. In no event shall the Service Operator be liable for any direct or indirect damages, including lost profits, of the User and third parties arising out of and/or in connection with the use of the Programs. The User, when using the Programs, is responsible for compliance with the requirements of the applicable laws of the Arab Republic of Egypt, including, but not limited to, the laws on personal data, advertising, intellectual property. No Program (its use by the User) relieves the User of responsibility and does not impose responsibility on the Service Operator for ensuring completeness, continuity and reliability of accounting of the User's activity indicators.

7.8. If the User intends to terminate the Agreement on his/her own initiative, or if the User receives a notice from the Service Operator about the termination of the Agreement, the User is obliged to stop using the Programs within one day.

7.9. It is prohibited to open the technology and decompile the Programs. This prohibition is aimed at ensuring the safety of the Users and uninterrupted operation of the Service.

7.10. The User or a third party independently making unauthorized changes to the PSR Service Software by the Service Operator will result in termination of the Operator's warranty obligations for Pulsar POS and may also disrupt the performance of the PSR Software.

8.1. The Service Partners are the owners of exclusive rights to the Partner Software. The conditions of the present Agreement section are the conditions of the License Agreement of the Service Partners with the User (hereinafter referred to as the "Agreement") on the use of the Partners' Software (hereinafter referred to as the "Partners' Programs"). The User means a person who has obtained the right to use and uses the Partners' Software. When using the Partners' Software, the User undertakes to accept the Partners' offer.

8.2. The Operator grants the User a non-exclusive right to use the Partners' Software for use within the rights listed in the present Agreement and/or in the Partner's Offer (if applicable).

8.3. The transfer of the right to use the Partners' Software is made under the conditions and using the Tariffs specified on the Service Web-site during the process of obtaining the right to use the Partners' Software.

8.4. The Agreement does not mean granting the User any rights to the Programs, except for those explicitly listed in the present Agreement or the Partners' Offer. Other Partners' rights to the Partners' Programs are protected by the applicable laws of the Arab Republic of Egypt and international treaties, as well as other laws and treaties regulating the relations that may arise in relation to the Partners' Programs.

8.5. The License Agreement comes into effect from the moment the Partners' Software is installed in the User's Personal Account or downloaded to the POS PSR and means the User's consent to all provisions of the Agreement.

8.6. The License Agreement shall be terminated:

- on the initiative of the User in case of termination of the Partners' Software Use;

- on the initiative of the Service Operator in case the User violates the conditions of the Agreement.

- on the initiative of the Partner in case the User violates the conditions of the Partners' Offer.

8.7. Partners' Programs are provided to the User "as is", without any guarantees. The Service Operator and Partners are not liable for damages or losses of the User or third parties related to the use of the Partners' Programs contrary to the conditions of the Agreement or the description of the Partners' Programs operation provided by the Service Operator, including, but not limited to, negative consequences for the User's Software, User's hardware and Internet connections.

8.8. The User is not entitled to use the Partners' Software to create derivative works.

8.9. If the User intends to terminate the license agreement on his/her own initiative, or if the User receives a notice from the Service Operator or the Partner about the termination of the License Agreement, the User is obliged to stop using the Partner's Software within one day.

8.10. The User undertakes not to interfere with the Partners' Software and not to decompile it. This prohibition is aimed at ensuring the safety of Users and uninterrupted operation of the Service.

9.1. The License commission for the granted right to use the User's and Partners' Software is determined in accordance with the Service Operator's tariffs, which are publicly available on the WEB-site of the Service. All fees and charges exclude all applicable federal, provincial, state, local or other governmental taxes, fees and charges. The Service Operator has the right to unilaterally change the tariffs by posting new tariffs on the WEB-site of the Service.

9.2. The User is obliged to pay the license commission to the Service Operator within 5 (Five) days after the Service Operator issues an invoice for payment. All settlements under the present Agreement shall be made in EGP. The License Fee shall be paid under the conditions of 100% prepayment in cash or non-cash transfer to the Service Operator's current account.

9.3. The Service Operator is obliged to issue an invoice for the rendered services in accordance with the current legislation of the Arab Republic of Egypt. The User is entitled to send a written request to the Service Operator to provide paper copies of documents, upon receipt of such written request by the Service Operator, the Service Operator shall prepare paper copies of the requested documents within 30 (thirty) calendar days from the moment of receipt of such request and notify the User by SMS-message about the readiness of paper copies of the requested documents. The Service Operator does not send the documents independently.

9.4. When making license payments, the User undertakes to follow the payment instructions and payment methods.

9.5. If the User cancels the subscription, the License Agreement covered by the subscription is considered terminated.

10.1. The Service Operator is obliged to provide the User with the Services according to the requests placed by the User in the Service.

10.2. The description of services, including the conditions of rendering services and the amount of the Service Operator's commission for the rendered services (an offer to conclude a contract of paid services) is contained on the WEB-site of the Service.

10.3. The Agreement for Paid Service Provision in respect of a specific service is considered to be concluded by the Service Operator and the User at the moment when the User pays for the service on the conditions of 100% advance payment.

10.4. The Invoice is issued by the Service Operator and signed by the Parties in the manner prescribed by the current legislation of the Arab Republic of Egypt.

11.1. The Agreement between the Service Operator and the User, concluded on the terms of the present Offer, is regulated by the legislation of the Arab Republic of Egypt.

11.2. The Service Operator is entitled at its own discretion at any time to carry out preventive and other works related to the technical support of the Service, in connection with which the User's access to the Service may be limited.

11.3. The Service Operator is entitled to unilaterally make changes to the present Offer out of court. The amended version of the Offer is published by the Service Operator and comes into effect on the date of publication or at another time specified in the new version of the Offer or in the notice of changes in the version of the Offer.

11.4. The Service Operator informs the User about changes and/or amendments to the Offer at least 1 (One) day before they come into force, by posting them on the WEB-site of the Service. The User undertakes to independently monitor changes and additions to the Offer on the specified site.

11.5. The Service Operator is entitled to terminate the present Agreement without giving any reasons, under the condition that the User retains the rights acquired and fully performs the obligations corresponding to such rights, not directly related to the use of the Service, as well as notifying the User through the functionality of the Personal Account within a period of at least 5 (Five) working days prior to the proposed date of termination of the Agreement. The Operator shall not compensate the User for any losses incurred in connection with the termination of the Agreement.

11.6. The Service Operator is entitled to terminate the Agreement in case the User violates its conditions or on other grounds provided for by the current legislation of the Arab Republic of Egypt. In case of termination of the Agreement on the initiative of the Service Operator, the latter shall notify the User of such termination by sending an SMS-message to the Subscriber Number specified by the User when registering the User Identification Number in the Service on the day of termination of the Agreement, the Agreement shall be recognized as terminated at the moment of sending such notification. In case of such termination, the User shall lose the rights acquired under the present Agreement without the right to compensation for losses. The Agreement shall terminate in case of termination for any reason.

11.7. The User consents to receive e-mails and (or) SMS-messages to inform the User about the Service, its features, new Software and other information from the Service Operator or its Partners by any communication channels. This consent is given for the period of validity of the present Agreement and may be withdrawn at any time by contacting the Service Operator.

11.8. The User guarantees that all conditions of the Agreement are clear to him/her, and the User accepts the conditions without reservations and in full.

11.9. The User guarantees that he/she will not use the Service for purposes other than those specified in the present Offer.

11.10. The Agreement shall be deemed concluded on the conditions of the present Offer from the moment of the User's actions aimed at registration of the User's Identification Number in the Service by any of the methods provided by the present Offer.

11.11. The Agreement concluded by the User by acceding to the present Offer may be terminated by the User by contacting the Call-center of the Service Operator at the contacts specified on the WEB-site of the Service.

11.12. All disputes and disagreements that may arise will, if possible, be resolved through negotiations between the Parties. In case of impossibility of permission of the dispute through negotiations, it will be referred by the Parties to the court at the place of registration of the Service Operator.

Pulsar for Information Technology L.L.C

Commercial Register No.: 200569

TAX ID: 711-467-439

Address: Administrative Unit No. (00119-87), 8th floor, Tower No. 0119, plot N1, One Kattameya project, Mokattam section, Cairo, Egypt

Phone: +20 022 547 6161

E-mail: info@psr.com.eg

WEB-site: https://psr.com.eg/

Bank name: EMIRATES NBD

Swift No.: EBILEGCXXXX

IBAN: EG450014004500001019897076601