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1. The parties and the subject
This agreement is made between [company legal name], registration number [registration number], national ID [national ID], of [company address] ("Sima"), and the individual or company whose details are recorded in the account that accepts it ("the Customer").
Sima provides the Customer with software and hosting services: building and running a site with the Sima site builder, managed WordPress, hosting, domains and email, backups, templates and demos, apps and modules, and AI services, to the extent of the plan and package the Customer chooses.
2. Acceptance and electronic signature
Ticking "I have read and accept the terms" in the account is the Customer's signature, under Iran's Electronic Commerce Act (2003) and, for customers elsewhere, the electronic signature rules of their own country. Sima keeps the accepted version, the time of acceptance and the Customer's IP address.
A printable copy of this agreement, with the Customer's identity details, is available in the account, and either party may sign and stamp it to record a written contract. The written contract is the same text that was accepted electronically.
3. Account and identity
The Customer must enter complete and accurate identity details (as an individual or a company), phone number, email and address, and keep them up to date. Invoices and the written contract are issued in these details.
The Customer is responsible for their password and for everything done through their account. An account is personal and may not be transferred without Sima's agreement.
Sima may ask for documents or further verification and may withhold part of the services until it is complete.
4. The services
Each service's limits (storage, traffic, users, modules, domain, email, backups and support) are those stated for the Customer's plan and package at the time of purchase.
Sima makes reasonable efforts to keep the services available, maintain the infrastructure, apply security updates and take backups as the plan states. Planned maintenance is announced in advance where possible.
Sima's backups do not replace the Customer's own: the Customer may take and download a backup of their site at any time.
5. Managed WordPress
On the WordPress service, Sima maintains the core, plugins and themes, and only plugins and themes Sima has reviewed and published are installed. The Customer may not modify WordPress core or plugin code.
Licences for commercial plugins and themes provided by Sima are valid while the Customer's service is active. Licences the Customer bought themselves remain theirs.
6. The Customer's content and business
The Customer is responsible for all content, products, services, prices and advertising on their site, and must comply with the laws that apply to them: the laws of the Islamic Republic of Iran where the service is used there, and the laws of the country where the Customer operates, including consumer protection, data protection (such as the GDPR where it applies), and sanctions and export rules.
Obtaining and keeping the Customer's business licences and seals, including Iran's e-trust seal (Enamad), the Samandehi registration, trade and professional licences and payment gateway approval, is the Customer's responsibility. Sima provides the technical information these require when asked.
The services may not be used for phishing or fraud, spam, malware, infringing others' intellectual property, selling prohibited goods or services, gambling, mining cryptocurrency on Sima's servers, or anything that endangers the security or performance of Sima's servers and other customers.
7. Data of the Customer's own users
The Customer is the controller of the personal data they collect from their site's users and must inform them of what is collected and why. Sima stores and processes that data only to provide the service to the Customer, acting on the Customer's behalf, and never sells it.
8. The Customer's privacy
Sima uses the Customer's identity and contact details to provide the service, invoice, support and inform them about the service. It shares them only with a competent legal authority's order or where the service needs it (such as a payment gateway, a domain registrar or an SMS provider).
The Customer may see, correct or ask for the deletion of their data at any time, except what the law requires Sima to keep (such as financial and tax records).
9. Fees, payment and renewal
Prices are those on the invoice at the time of purchase. Value added tax is added where the law requires it.
A package or demo is bought once; a hosting plan renews at the end of each cycle. If a renewal invoice is not paid by its due date, Sima may suspend the service after notice. A suspended service's data is kept for [30] days and may be deleted after that.
Wallet credit can only be spent on Sima's services and is not exchanged for cash, except where the law or Sima requires a refund.
10. Withdrawal and refunds
The Customer may withdraw from a purchase within 7 days, except for any part of the service whose performance began at their own request (such as building a site from a demo or installing a package). Refunds go to the Customer's wallet or bank account. Mandatory withdrawal rights under the Customer's own law are not limited by this section.
A free trial costs nothing and carries no refund.
11. Intellectual property
The Sima software, panels, templates, demos and modules belong to Sima. While their service is active, the Customer has a non-exclusive right to use them for their own site and may not copy, resell or reverse-engineer them.
The content the Customer puts on their site belongs to the Customer; Sima uses it only to provide the service.
12. Suspension and termination
Sima may suspend the service or terminate this agreement, after notice and without it where urgent, for: breach of this agreement, unlawful content, an order of a competent authority, a security risk to other customers, or an unpaid invoice.
The Customer may delete their service at any time, and may back up their site and data before doing so.
13. Limitation of liability and force majeure
Sima's liability for any loss arising from the services is limited to what the Customer paid for that service in the 12 months before it. Sima is not liable for lost profit, lost sales or indirect loss.
National or international internet outages, access restrictions, failures of national infrastructure, natural disasters, government decisions and similar events beyond Sima's control are force majeure.
14. Changes to these terms
Sima may update these terms. Each version has its own number, and important changes are announced before they take effect. A new version must be accepted before the next purchase, and continuing to use the services after it takes effect counts as acceptance.
15. Governing law and disputes
This agreement is governed by the laws of the Islamic Republic of Iran, without limiting mandatory consumer protections a Customer has under their own law. The parties first try to settle a dispute by discussion; failing that, the competent courts of [city of the company's registration] decide.
16. Contacting Sima
Formal notices are sent by email, SMS and the account's notifications. The Customer can reach Sima through the contact page or a support ticket.