This Non-Disclosure Agreement (this "Agreement") is entered into between:
(1) [ANQA FZCO / Fahim Rahman]("ANQA", "we", "us", the "Disclosing Party"); and
(2)the individual who accepts this Agreement electronically by submitting their full name and email address (the "Recipient", "you"),
each a "Party" and together the "Parties".
By ticking the acceptance box and submitting your full name and email address, you agree to be legally bound by this Agreement as of the date of acceptance (the "Effective Date").
1. Purpose
ANQA operates a revenue management software platform made available on a limited, pre-release basis (the "Beta Program"). ANQA wishes to grant you access to the Beta Program so that you may evaluate it and provide feedback (the "Purpose"). To do so, ANQA will disclose confidential and proprietary information to you.
2. Confidential Information
"Confidential Information" means all non-public information disclosed by or on behalf of ANQA to you, whether before or after the Effective Date and in any form, including but not limited to: the ANQA platform and its features, screens and user interface; pricing recommendations, rate logic, forecasting outputs and methodologies; machine-learning models, algorithms and their performance; source code, architecture and data structures; product roadmap, commercial terms and pricing plans; and any other information marked confidential or that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure.
3. Exclusions
Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this Agreement by you; (b) was lawfully in your possession without obligation of confidence before disclosure by ANQA; (c) is lawfully obtained by you from a third party without restriction; or (d) is independently developed by you without use of or reference to the Confidential Information.
4. Obligations
You shall: (a) use the Confidential Information solely for the Purpose; (b) keep it strictly confidential and not disclose it to any third party without ANQA's prior written consent; (c) protect it using at least the same degree of care you use for your own confidential information, and no less than a reasonable degree of care; (d) not copy, capture, screenshot, record or publish any part of the platform except as necessary for the Purpose; and (e) not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, models or algorithms of the platform.
5. Beta Nature; No Warranty
You acknowledge that the Beta Program is a pre-release product provided "as is" and "as available", may contain errors or produce inaccurate outputs, and is provided without warranty of any kind. Rate, pricing and forecasting outputs are for evaluation only; you are solely responsible for any commercial decision you make and shall independently verify any output before relying on it. ANQA shall not be liable for any loss arising from your use of the Beta Program.
6. Feedback
Any suggestions, comments or feedback you provide regarding the Beta Program ("Feedback") may be used by ANQA without restriction or obligation to you. You assign to ANQA all rights in such Feedback or, to the extent such assignment is not effective, grant ANQA a perpetual, irrevocable, worldwide, royalty-free licence to use it.
7. Anonymised Performance Data and Case Studies
You consent to ANQA collecting, analysing and using data generated through your use of the Beta Program — including occupancy, rate, revenue and forecast-accuracy results — to measure, describe and promote the performance and accuracy of the ANQA platform, including in case studies, marketing materials, investor communications and benchmarking or academic analysis. ANQA will use such data only in aggregated or anonymised form and will not disclose the name, brand, address or any other information that identifies your hotel or business without your separate prior written consent. You confirm that you are authorised to give this consent on behalf of the hotel or business you represent. You may withdraw this consent at any time by written notice to ANQA; withdrawal applies to future use and does not require ANQA to recall materials already published.
8. No Licence or Rights
Except for the limited right to access the Beta Program for the Purpose, nothing in this Agreement grants you any right, title, licence or interest in the platform or any Confidential Information. All intellectual property remains the exclusive property of ANQA.
9. Term and Survival
This Agreement takes effect on the Effective Date and continues for the duration of your participation in the Beta Program. Your confidentiality obligations survive termination and remain in force for three (3) years thereafter, or for so long as the information remains a trade secret, whichever is longer.
10. Return or Destruction
Upon ANQA's written request or the end of the Beta Program, you shall cease all use of the Confidential Information and, at ANQA's option, return or destroy it (including copies) and confirm such destruction in writing.
11. No Obligation
This Agreement does not oblige either Party to proceed with any transaction or business relationship, and creates no partnership, joint venture, employment or agency relationship.
12. Remedies
You acknowledge that any breach of this Agreement may cause ANQA irreparable harm for which monetary damages would be inadequate, and that ANQA is entitled to seek injunctive or other equitable relief in addition to any other remedy available at law.
13. Governing Law and Disputes
This Agreement is governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any dispute arising out of or in connection with this Agreement shall be finally resolved by arbitration under the Rules of the Dubai International Arbitration Centre (DIAC), seated in Dubai and conducted in English before a sole arbitrator.
14. General
This Agreement is the entire agreement between the Parties regarding its subject matter and supersedes all prior discussions. If any provision is held unenforceable, the remainder continues in effect. No right is waived except in writing. You may not assign this Agreement; ANQA may assign it to a successor or affiliate. ANQA may update the terms of the Beta Program on reasonable notice.
15. Electronic Acceptance
You agree that submitting your full name and email address and ticking the acceptance box constitutes your electronic signature and your intention to be legally bound, and has the same legal effect as a handwritten signature.
ANQA · Revenue Management OS · Draft for review by UAE-qualified counsel before deployment.
