MASTER TERMS OF SERVICE & USER AGREEMENT

Last Updated: December 2025

IMPORTANT LEGAL NOTICE: READ CAREFULLY

THIS IS A BINDING LEGAL CONTRACT.

By downloading the Pinch mobile application, accessing the website (pinch.om), registering an account via OTP, or purchasing any service (Tickets, Paths, or Experiences), you ("The User", "Explorer", or "Creator") unequivocally acknowledge that you have read, understood, and agreed to be bound by these Terms of Service ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER, YOU MUST IMMEDIATELY CEASE USE OF THE PLATFORM.

SECTION 1: DEFINITIONS & LEGAL STATUS

1.1 Definitions

• "Platform": Refers to the Pinch mobile application, website, servers, APIs, and any associated digital infrastructure owned by Fahmi Projects / Pinch (the "Company").
• "Pin": A specific geo-located point of interest uploaded to the Platform, containing metadata, media, or narrative descriptions.
• "Path": A curated digital route connecting multiple Pins to create a thematic journey (e.g., Historical Path, Culinary Path).
• "Digital Content": Non-tangible goods purchased on the Platform, such as unlocking a "Path" or accessing exclusive "Micro Stories."
• "Creator": Any user who uploads Pins, creates Paths, or sells tickets via the Platform.
• "Explorer": The end-user consuming content or purchasing services.

1.2 Legal Classification (Intermediary Status)

You acknowledge that Pinch is a Technology Platform and Information Society Service Provider, not a tour operator, travel agency, transportation carrier, or venue manager.

• No Vicarious Liability: The actual contract for any real-world service is directly between the Explorer and the Creator. Pinch is not responsible for execution.

SECTION 2: USER TERMS (B2C - FOR EXPLORERS)

2.1 Account Security & Verification

• OTP Verification: You agree that OTP verification constitutes a valid Electronic Signature under the Electronic Transactions Law.
• Account Liability: You are solely responsible for all activity under your account.

2.2 THE "ASSUMPTION OF RISK" & LIABILITY WAIVER

WARNING: READ THIS CLAUSE CAREFULLY.

Activities listed on Pinch involve inherent risks.

• Voluntary Participation: You engage in these activities voluntarily and at your own risk.
• Assumption of Risk: You acknowledge all risks including injury, flash floods, wildlife encounters, or death.
• Release of Liability: You release Pinch from all claims arising from your use of the Platform’s navigation or recommendations.
• Map Accuracy Disclaimer: Routes and distances are informational only and may not reflect real-world conditions.

2.3 Payments & Refund Policy

• Digital Goods: All sales are final and non-refundable.
• Tickets: Refunds depend on the Creator/Venue policy.
• Pricing Errors: Pinch may cancel erroneous transactions and refund the amount.

2.4 User Conduct & Cultural Respect

• Respect Omani heritage, private property, and cultural norms.
• Prohibited Content: No defamatory, obscene, political, or unlawful content.

2.5 Intellectual Property Rights (UGC License)

By uploading any content, you retain ownership but grant Pinch a perpetual, worldwide, royalty-free license to use and display it.

SECTION 3: CREATOR & PARTNER TERMS (B2B)

3.1 Licensing & Compliance Warranty

• Mandatory Licensing: You warrant that you hold all required tourism licenses.
• Insurance: You must maintain valid liability insurance.

3.2 Commission Structure & Payments

1. Tickets: 3% commission.
2. Paths/Packages (Standard): 20% commission.
3. Premium Creators: 8% commission.
4. Payouts: Monthly transfers, subject to fraud or dispute checks.

3.3 Indemnification by Creator

You agree to indemnify Pinch from any claims arising from service failures, accidents, or lack of required licenses.

SECTION 4: PRIVACY POLICY

This policy complies with the Personal Data Protection Law (Royal Decree 6/2022).

4.1 Collection of Sensitive Data (Geolocation)

• Precise Location: Required for navigation features.
• Explicit Consent: Location access is optional but required for full functionality.

4.2 Data Usage & Sharing

• Data used to facilitate bookings and navigation.
• Contact details shared with Creators for ticketed events.
• Emergency Disclosure: Pinch may share location with authorities when necessary for safety.

4.3 Data Retention

Transaction data is retained for 10 years; location history may be anonymized for analytics.

SECTION 5: GENERAL PROVISIONS

5.1 Governing Law & Dispute Resolution

• Governed by the laws of the Sultanate of Oman.
• Exclusive jurisdiction: Courts of Muscat.

5.2 Severability

If any provision is unenforceable, the remainder remains valid.

5.3 Modifications

Pinch may update these Terms at any time. Continued use constitutes acceptance.

BY CLICKING "I AGREE" BEFORE USING THE APP, YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND ACCEPT ALL RISKS AND LIMITATIONS OF LIABILITY.