1. Introduction

Welcome to Kimih Information Technology CO. L.L.C (“Kimih,” “we,” “us,” “our”). These Partner Terms (“Terms”) govern your use of our SaaS platform and marketplace services. By registering as a partner, you agree to these Terms. If you do not agree, please refrain from using our services.

2. Services Provided

Kimih offers a digital marketplace that connects buyers with beauty and wellness service providers. Our platform enables service booking and payment processing through a third-party payment gateway, Tap Payments, using an Authorization Capture API. This API facilitates secure and efficient transactions by authorizing payments temporarily and only capturing the payment amount after the customer's appointment. This ensures that transactions are processed accurately and helps prevent chargebacks or disputes related to cancellations.

3. Fees

• Transaction Fees: Kimih charges a transaction fee of 5% on each successful booking processed through our platform. This fee is applied to the total service cost and is deducted prior to disbursing funds to the partner. Tap Payments charges are also paid by the customer.
• Fee Changes: Kimih reserves the right to adjust fees. Partners will be notified of any fee changes at least 30 days in advance via email or platform notifications.

4. Payment and Dispute Resolution

• Payment Processing: Payments for services are processed through Tap Payments using our Authorization Capture API. Payments are typically disbursed to partners within T+3 business days after the transaction. The timeline depends on the partner's bank.
• Dispute and Chargeback Monitoring: Merchants are responsible for resolving disputes and chargebacks with their customers. Tap Payments monitors the chargeback ratio and requires merchants to maintain a chargeback ratio below 3% per month. Exceeding this threshold may result in penalties or termination of services.

5. Partner Obligations

• Compliance: Partners must comply with all applicable laws, regulations, and industry standards. Use of the platform for any illegal activities or unethical conduct is prohibited.
• Content: Partners are responsible for ensuring that all content and services provided through the platform are accurate, lawful, and do not infringe on any third-party rights. Content must be presented truthfully and in compliance with platform guidelines.
• Accuracy: Partners must keep their service information, including availability, pricing, and descriptions, accurate and up-to-date. Any changes must be promptly reflected on the platform.

6. Data Protection and Privacy

• Data Use: Partners agree to adhere to our Privacy Policy, which outlines how we collect, use, and protect personal data. Partners are responsible for handling customer data in accordance with applicable data protection laws and regulations.
• Security: Partners must implement reasonable and appropriate security measures to protect their accounts and data. This includes safeguarding login credentials and access to their platform profiles.

7. Indemnification

Partners agree to indemnify, defend, and hold Kimih, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, damages, losses, and expenses, including reasonable legal fees, arising out of or related to their use of the platform or services. This includes any claims resulting from violations of these Terms or related to the partner's services or content.

8. Limitation of Liability

• Platform Use: Kimih is not liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the platform. This includes, but is not limited to, loss of profits, data, or business opportunities.
• Service Issues: Kimih is not responsible for issues arising from services provided by partners, including dissatisfaction, disputes, or losses experienced by customers. Partners are responsible for addressing any service-related issues directly with their customers.

9. Dispute Resolution

• Response Time: Merchants must respond to any dispute or chargeback inquiry within 7 working days, providing the necessary evidence to resolve the issue.
• Escalation: If disputes are not resolved promptly, Kimih and Tap Payments reserve the right to take action, including debiting the disputed amount from future payouts or terminating the partnership if the chargeback ratio exceeds acceptable limits.

10. Force Majeure

Kimih shall not be liable for any failure to perform its obligations under these Terms if such failure results from an event beyond its reasonable control. This includes but is not limited to natural disasters, strikes, labor disputes, or government actions.

11. Intellectual Property

All intellectual property rights related to the platform and its content are owned by Kimih. Partners may not use, reproduce, or distribute any of Kimih's intellectual property without prior written consent. Unauthorized use of Kimih's intellectual property may result in legal action.

12. Relationship of the Parties

The relationship between Kimih and partners is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, or employment relationship between Kimih and any partner.

13. Notices

All notices or communications under these Terms shall be sent via email to the address provided by the partner or to help@kimih.com. Notices sent via email shall be deemed effective upon receipt. Partners are responsible for ensuring their contact information is current and accurate.

14. Changes to Terms

Kimih reserves the right to modify these Terms at any time. Any changes will be communicated to partners through email or platform notifications. Continued use of the platform following such changes constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the UAE. Any legal disputes arising from these Terms shall be resolved in the courts located in the UAE.

16. Contact Information

• Kimih Information Technology CO. L.L.C
• Email:help@kimih.com
• Registration No: 2361735
• Address: Office 43-44, Building of Dubai Municipality,
• United Arab Emirates