Your signed agreement comes first
Where you and Offpeek have signed a master services agreement or an order form, that document controls anything that conflicts with these terms. Your commercial terms, subscription length, service credits, negotiated liability provisions, security commitments and territory may therefore differ from what is written here.
Subject to that, the order of priority is: your signed order form or master agreement; our health data terms, for health data; our data processing terms, for personal data; our measurement method, for how recovery is calculated; our payments and fees terms; these enterprise terms; and then our standard Terms of Service, which cover anything these terms do not.
What the enterprise service includes
Alongside the standard service, and where your order form says so, this can include API access and integration with your booking platform, practice-management system, point of sale or data warehouse; group-level data ingestion across locations; demand forecasting and slot-level models trained on your own measured hold-out data; offer and incentive recommendations sized per segment and utilisation band; credit and incentive tracking across locations; group dashboards and consolidated reporting by location and by brand; and agency access where you authorise a marketing agency to run the service for you.
Our operating rules and prohibited uses apply to every location on your order form. Locations are added and removed by written notice or through the account interface, and fees follow the locations actually live in each month.
You keep control of every commercial decision
Forecasts, slot scores, risk scores, recoverability rankings, audience selections and offer sizes are decision support. They are not decisions and they are not instructions.
You keep final authority and human oversight over all pricing, discounting, offer and incentive decisions. You can review, change, override or reject any recommendation, in whole or in part, at any time, and we will implement that override.
You remain responsible for your own pricing and promotional practices, for the lawfulness of the offers you publish, for holding the discount and promotion permits required by UAE consumer protection law, and for your consumer-facing disclosures.
Automated processing
Our service processes personal data using systems that operate autonomously or semi-autonomously. For the models we build and run ourselves, we are the deployer and carry the responsibilities that go with that. Where we run a model on your instruction, for your benefit and under your direction, we act as operator and you are the deployer.
We maintain a data protection impact assessment for the service, a register of AI processing activities, documented bias-mitigation measures, and an Autonomous Systems Officer for as long as the processing is high risk. Our systems operate within purposes defined by people; they cannot change the principles they are built on.
Where an individual objects to a decision based solely on automated processing, we will help you respond, including by supporting a manual review. We treat borderline cases as engaging that right rather than arguing about the threshold.
Your data, and what we may keep
We will not use your data, or personal data in it, to train or improve any AI model made available to or operated by a third party.
Models trained on your data are run for your benefit and are not made available to any other Offpeek customer.
We may create, own and keep indefinitely aggregated and de-identified data derived from running the service — measured lift by vertical, hour, utilisation band and customer type, response curves, seasonality and model parameters — provided it does not identify and cannot reasonably be used to identify you, your locations, your brands or any individual. We may use it to run, benchmark and improve the service, including for other customers, and to publish market-level statistics.
We will not disclose, sell, license or syndicate your customer records to any other customer or third party, and will not use them to benefit any other customer. This survives the end of the agreement.
Where your order form includes benchmarking, we may show your performance against aggregated peer statistics. No peer is identified, and no peer sees your underlying data.
API access, credentials and agencies
You are responsible for securing your API credentials, restricting them to authorised people, rotating them when staff change, and telling us promptly if you suspect a compromise. Use the API within the documented rate limits, and not to extract our scoring logic, model weights or measurement method.
Make sure the data you send is lawfully held, accurate and limited to the fields the service needs. Do not send clinical records, images, test results or treatment notes.
Where you authorise an agency, you remain responsible for what that agency does as if it were your own act, and you must make sure they are bound by obligations at least as protective as these terms.
Fees and measurement
Fees are as stated in your order form. Where it is silent, our standard rates apply: 5% of measured recovery, and where you adopt our booking layer, 2% of the value of bookings taken through it.
Measured recovery is calculated by the method in our Payments & Fees terms, at location level, then consolidated for invoicing. A location that produces no measured lift contributes no fee.
We issue a consolidated monthly statement showing measurement and fees by location and in total, invoiced monthly in arrears and exclusive of VAT. Where your order form provides for a committed volume, minimum fee or discount tier, that takes precedence.
Disputes are raised and resolved under our Payments & Fees terms. Undisputed amounts stay payable.
Term, changes and ending the agreement
The term is as stated in your order form. Where it is silent, the term is twelve months, renewing for further twelve-month periods unless either of us gives sixty days' notice before renewal. The standard thirty-day termination right does not apply during a committed term.
We will give you at least thirty days' written notice before a material change takes effect — a change to fees or how they are calculated, a change to the measurement method that could increase what you pay, a material reduction in the service, or a material change to how personal data is handled.
If you do not accept a material change, you can terminate the affected order form before it takes effect, without a termination charge, and the change will not apply during your notice period.
Either of us can terminate for a material breach that is not fixed within thirty days of written notice, or immediately for insolvency, or where continued performance would break the law or a regulator requires it. We may suspend a location or the service on the grounds set out in our standard terms, and will tell you why.
Data when the agreement ends
On your written request, we will return your personal data in a structured, commonly used, machine-readable format, or delete it, at your choice, within thirty days.
We do not delete automatically. Without a request from you, data is kept for the retention periods set out in our data processing terms and privacy policy.
A deletion request cannot override a legal retention obligation. In particular, health records generated in the UAE must be kept for at least twenty-five years from the last procedure, and are held by whoever your order form says holds that archive.
Backups are purged on the ordinary backup cycle, which can take up to ninety days after deletion from live systems. Aggregated, de-identified data is not personal data and is not returned or deleted.
Warranties, liability and indemnities
Our standard warranty, liability and indemnity terms apply, except where your order form states a different cap or different carve-outs, in which case the order form applies.
Where the order form is silent, each party's total liability is capped at the fees paid or payable in the twelve months before the event, subject to the standard carve-outs. You indemnify us on the standard terms, and additionally for anything done by an agency you authorise.
Law and disputes
These terms are governed by the laws of the Dubai International Financial Centre.
Any dispute will be finally resolved by arbitration under the Rules of the Dubai International Arbitration Centre, before one arbitrator, seated in the Dubai International Financial Centre, in English. Where your order form instead provides for the DIFC Courts, that applies.
Either of us can still ask any court for urgent interim relief.
General
Our standard general terms apply, except that notices to you go to the address on your order form. Neither of us will announce the other publicly without written consent, which will not be unreasonably withheld.
Questions: legal@offpeek.ae