Eyden Terms of Service

In these Terms, capitalised terms have the meanings given to them where they are first used. In addition: "Customer" means the developer, owners' association, building management company, facilities manager, or other entity that has contracted with Zylin to deploy the Platform at a building or community. "Customer Data" means all data, content, and information submitted to, processed through, or generated within the Platform by or on behalf of the Customer or its authorised Users, including community data, unit and tenancy data, access and security data, and User-Generated Content. "End User" means any natural person who accesses or uses the Platform under the Customer's instance, including residents, tenants, owners, visitors, service providers, board members, and authorised personnel. "Platform" has the meaning given in the preamble. "Personal Data" has the meaning given in the Privacy Policy and the UAE PDPL. "Privacy Policy" means the Eyden Privacy Policy published by Zylin, as updated from time to time. "UAE PDPL" means UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and its Executive Regulations. "User-Generated Content" means any content posted, uploaded, transmitted, or otherwise made available by a User through the Platform, including announcements, polls, survey responses, ratings, reviews, chat messages, photographs, and documents.

The Platform is intended for use by adults aged eighteen (18) years or over. By using the Platform, you represent and warrant that you are at least eighteen years old and have full legal capacity to enter into these Terms. Where a Customer enables features involving minors (for example registering a child as a household member or recording a child's access pass), the parent, legal guardian, or the Customer is responsible for that data and its use under their own legal basis.

To access most features of the Platform, you must register an account or be onboarded by a Customer. You must provide accurate, current, and complete information during registration and keep your account information up to date. You are responsible for safeguarding your login credentials, for all activities carried out under your account, and for promptly notifying us of any unauthorised use or suspected security breach.

We and the Customer may verify your identity, tenancy, ownership, or authorisation to access a building or community before granting or maintaining access to the Platform, including by reference to Emirates ID, passport, Ejari, title-deed, or other documentation as set out in the Privacy Policy.

The Platform is typically procured by a Customer for the benefit of its building or community. As between Zylin and End Users: • the Customer is responsible for determining who may access the Platform within its instance, what features are enabled, what integrations are connected, and what community rules apply; • the Customer is the data controller for community-management activities, and Zylin acts as data processor for those activities, as further described in the Privacy Policy; • any dispute between an End User and the Customer regarding tenancy, ownership, service charges, community rules, access rights, or building operations must be resolved directly between the End User and the Customer; and • Zylin is not a party to, and assumes no responsibility for, the underlying tenancy, ownership, sale, lease, service-charge, or community-management arrangements between the Customer and End Users.

The Customer is solely responsible for the accuracy and lawfulness of the instructions it gives Zylin and for the configuration of its instance of the Platform.

Subject to your continued compliance with these Terms and any applicable Customer Agreement, Zylin grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for the purposes for which it is provided, namely the management of, and participation in, the building or community in which you are an authorised User.

All rights not expressly granted to you in these Terms are reserved by Zylin and its licensors.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not, and must not permit any third party to: • use the Platform in a way that violates any applicable law, regulation, or third-party right, including privacy, data-protection, intellectual-property, anti-spam, anti-money-laundering, or sanctions laws; • access any part of the Platform, building, or community area for which you are not authorised, or assist others in doing so; • share, sell, transfer, or disclose your account credentials, access cards, digital keys, visitor pre-authorisations, or one-time passcodes to any unauthorised person; • upload, post, or transmit any content that is unlawful, defamatory, harassing, threatening, abusive, hateful, obscene, discriminatory, misleading, or that infringes any third-party rights; • interfere with, disrupt, or attempt to gain unauthorised access to the Platform, its servers, networks, integrated systems, or any other User's account; • introduce viruses, malware, or other harmful code into the Platform; • reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas of the Platform, except to the extent such restriction is prohibited by applicable law; • use the Platform to develop, train, or benchmark a competing product or service, or to scrape, harvest, or systematically extract data from the Platform without our prior written consent; • impersonate any person or misrepresent your affiliation with any person or entity; or • use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other User's use of it.

We may investigate suspected violations and take appropriate action, including suspending or terminating accounts, removing content, restricting access, and reporting matters to the Customer or to law-enforcement authorities.

You retain ownership of any User-Generated Content you submit to the Platform. By submitting User-Generated Content, you grant Zylin and the Customer a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, transmit, display, and otherwise process that content as necessary to operate the Platform, provide community-management services, comply with legal obligations, and improve the Platform (including using aggregated or pseudonymised data).

You represent and warrant that you have all rights necessary to submit your User-Generated Content and that it does not violate these Terms, applicable law, or any third-party rights.

We and the Customer may, but are not obliged to, monitor, review, edit, refuse, or remove User-Generated Content at any time, in our reasonable discretion, particularly where such content appears to violate these Terms, community rules, or applicable law.

The Platform may integrate with, link to, or interoperate with third-party systems, hardware, and services, including access-control hardware, intercoms, visitor-management systems, IoT sensors, utility meters, CCTV systems, building management systems, payment processors, identity-verification providers, government services, and marketplaces (collectively, "Third-Party Services").

Third-Party Services are provided by their respective operators on their own terms and privacy policies. Zylin does not control, endorse, or assume responsibility for any Third-Party Service, and your use of any Third-Party Service is at your own risk. Where a Customer chooses to connect a Third-Party Service to the Platform, the Customer is responsible for obtaining all necessary authorisations and ensuring lawful use of that integration.

Where the Platform is used to invoice, collect, or process service charges, community fees, marketplace purchases, booking fees, or other payments: • the underlying obligation to pay arises under the relevant arrangement between you and the Customer (or the relevant merchant or service provider), not under these Terms; • payments are processed by PCI-DSS compliant third-party payment processors, and additional terms of those processors will apply; • you are responsible for ensuring that the payment information you provide is accurate and that you are authorised to use any payment method you submit; and • refunds, chargebacks, disputes, and reconciliation are handled in accordance with the Customer's policies and applicable law.

Where Zylin charges fees directly to a User (for example for premium features), those fees, applicable taxes, and payment terms will be presented to you before purchase and form part of these Terms upon acceptance.

The Platform, including all software, source and object code, designs, interfaces, text, graphics, logos, trademarks, documentation, configurations, and other materials, and all intellectual-property rights therein, are and will remain the exclusive property of Zylin and its licensors. Nothing in these Terms transfers any intellectual-property rights to you, except for the limited licence expressly granted in these Terms.

"Eyden", "Zylin", and related names, logos, and marks are trademarks of Zylin Technologies DMCC. You must not use them without our prior written consent.

If you provide us with feedback, suggestions, or ideas about the Platform, you grant Zylin a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit such feedback for any purpose, without restriction or compensation to you.

Your use of the Platform is subject to our Privacy Policy, which describes how Zylin collects, uses, discloses, and protects Personal Data, including in relation to identity and contact data, unit and tenancy data, access and security data, financial and transactional data, device and usage data, communications and User-Generated Content, and certain sensitive data (such as biometric and health-related information) where lawfully enabled by the Customer.

You acknowledge and agree that: • where Zylin processes Personal Data on behalf of the Customer, the Customer is the data controller and Zylin acts as data processor; • for Zylin's own business activities (such as account administration, billing, product analytics, security, and direct communications with Users), Zylin is the data controller; • the Customer may have access to your Personal Data and User-Generated Content within its instance of the Platform, and may use that data for community-management purposes in accordance with applicable law and the Privacy Policy; • you will comply with all applicable data-protection laws, including the UAE PDPL, when submitting Personal Data of others (for example household members, visitors, or service providers) to the Platform, and will ensure that you have a valid lawful basis and provide any required notices to those individuals; and • data-subject rights requests will be handled as described in the Privacy Policy.

Each party may have access to information of the other party or of other Users that is non-public, confidential, or proprietary ("Confidential Information"), including community information, security information, building plans, access logs, financial data, and personal data of other Users. You must: • use Confidential Information solely for the purpose for which it was disclosed within the Platform; • not disclose Confidential Information to any third party except as expressly permitted; and • protect Confidential Information using at least the same degree of care that you use to protect your own confidential information, and in any event no less than a reasonable degree of care.

These confidentiality obligations do not apply to information that is or becomes publicly available without breach of these Terms, was lawfully known to the recipient before disclosure, is independently developed without use of the Confidential Information, or is required to be disclosed by law or competent authority.

We may suspend your access to the Platform, or any part of it, with or without notice, where: • we reasonably believe you are in breach of these Terms, applicable law, or community rules; • we reasonably believe that suspension is necessary to protect the security, integrity, or availability of the Platform, the building, the community, or any User; • the Customer instructs us to suspend your access (for example because you are no longer an authorised resident, tenant, or service provider); • the Customer Agreement is suspended or terminated; or • suspension is required by law, regulation, or order of a competent authority.

We will, where reasonably practicable and lawful, notify you of the suspension and the steps required to restore access.

These Terms apply from the moment you first access the Platform and continue until terminated in accordance with this clause.

You may stop using the Platform and request the closure of your account at any time, subject to the Customer's policies and applicable law, including any obligation of the Customer to retain certain records.

We may terminate or restrict your account immediately on notice where you materially breach these Terms, where the Customer Agreement under which you access the Platform terminates, where you cease to be an authorised User of the relevant building or community, or where required by law.

Upon termination, your right to access and use the Platform will cease. Provisions of these Terms that by their nature should survive termination, including those relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law, will survive.

Except as expressly set out in these Terms or the Customer Agreement, the Platform is provided on an "as is" and "as available" basis, without warranties or representations of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Zylin disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, Zylin does not warrant that the Platform will be uninterrupted, error-free, secure against all threats, or free from viruses or other harmful components, or that any defects will be corrected. The Platform is not intended to function as a primary life-safety, fire-detection, medical, or emergency-response system. You must not rely on the Platform for any such purpose, and you must follow the building's or community's primary safety, fire, and emergency procedures and contact emergency services directly.

Zylin is not responsible for the accuracy of data submitted by Users or Customers, the conduct of other Users, the performance of Third-Party Services, or the decisions of Customers regarding access, tenancy, service charges, or community rules.

To the fullest extent permitted by applicable law, Zylin and its affiliates, directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, data, or use, arising out of or in connection with these Terms or the Platform, whether based on contract, tort (including negligence), statute, or any other legal theory, and whether or not Zylin has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the aggregate liability of Zylin to any User arising out of or in connection with these Terms or the Platform will not exceed the greater of (a) the total fees actually paid by that User to Zylin in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one thousand UAE dirhams (AED 1,000).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any statutory liability under the UAE PDPL that cannot be lawfully limited.

You agree to indemnify, defend, and hold harmless Zylin and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: • your breach of these Terms or applicable law; • your User-Generated Content or any data you submit to the Platform; • your misuse of the Platform, of any access credential, digital key, or visitor authorisation; or • your infringement or violation of any third-party right, including intellectual-property and privacy rights.

We will notify you promptly of any such claim and may, at our option, assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with our reasonable requests.

We may modify, update, add, or discontinue features of the Platform from time to time to reflect changes in technology, security, legal requirements, or our product roadmap. We will use reasonable efforts to avoid materially degrading the core functionality available to existing Users.

We may also amend these Terms from time to time. The updated Terms will be posted on the Platform and the "Last Updated" date will be revised. Where changes are material, we will provide additional notice (for example by email or in-app notification) before the changes take effect. Your continued use of the Platform after the updated Terms come into effect constitutes your acceptance of those updated Terms. If you do not agree, you must stop using the Platform.

Zylin will not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from events beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, pandemic, governmental action, labour disputes, failure of utilities or telecommunications, internet outages, cyber-attacks, or failures of third-party hosting, payment, or integration providers.

We may give notice to you by email to the address associated with your account, by in-app notification, or by posting on the Platform. Notices to Zylin must be sent to:

Zylin Technologies DMCC Attention: Legal Department DMCC, Dubai, United Arab Emirates Email: info@zylintech.com

Notices are deemed received on the next business day after sending by email or upon display in-app.

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai.

The parties will use reasonable efforts to resolve any dispute amicably through good-faith discussions. Any dispute that is not so resolved within thirty (30) days will be subject to the exclusive jurisdiction of the competent courts of the Dubai International Financial Centre (DIFC) or, where applicable to the matter, the onshore Dubai Courts, without prejudice to Zylin's right to seek injunctive or interim relief in any competent court.

Entire Agreement. These Terms, together with the Privacy Policy and any applicable Customer Agreement, constitute the entire agreement between you and Zylin regarding the Platform and supersede any prior or contemporaneous agreements on the same subject matter.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect.

No Waiver. The failure of Zylin to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Zylin's prior written consent. Zylin may assign these Terms in whole or in part, including in connection with a corporate reorganisation, merger, acquisition, or sale of assets.

No Third-Party Beneficiaries. Except for the Customer (which is an intended third-party beneficiary of these Terms to the extent necessary to enforce its rights with respect to the Platform), these Terms do not create any rights for any third party.

Language. These Terms are issued in English. Where a translation is provided for convenience, the English version will prevail in the event of any inconsistency.

By clicking "I Agree", registering for an account, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and the Privacy Policy.