Terms of Service

1. Introduction

Welcome to Bana’i (بنائي) ("the Platform"), a building compliance and operations management service operated by Imtisal (إمتثال) and accessible at binaey.com. By creating an account or using the Platform, you agree to be bound by these Terms of Service. If you do not agree, you must not use the Platform.

2. Service Description

Bana’i provides a cloud-based Software-as-a-Service (SaaS) platform for facility compliance management in the Kingdom of Saudi Arabia. The Platform includes:

• Building compliance tracking, scoring, and gap analysis against Saudi Building Code, Civil Defence (Salamah), and Balady requirements
• Work order, inspection, and corrective action management
• Document and evidence storage with audit trails
• Regulatory expiry monitoring, notifications, and compliance calendar
• Reporting, analytics, and dashboard generation

3. Account Registration and Responsibilities

To use the Platform, you must create an account and provide accurate information. You are responsible for:

• Providing truthful, accurate, and up-to-date information about yourself and your organisation
• Maintaining the confidentiality of your account credentials and notifying us immediately of any unauthorised access
• All activities that occur under your account, whether authorised or not
• Ensuring that all users within your organisation comply with these Terms

4. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in compliance with applicable Saudi regulations. You shall not:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
• Upload false, misleading, or fraudulent compliance data or documentation
• Attempt to gain unauthorised access to other users’ accounts or data
• Reverse-engineer, decompile, or attempt to extract the source code of the Platform
• Use the Platform in any way that could damage, disable, or impair its functionality
• Resell, sublicense, or redistribute the Platform without prior written consent

5. Data Ownership

You retain full ownership of all data you upload or enter into the Platform ("Customer Data"). By using the Platform, you grant Bana’i a limited, non-exclusive licence to process your Customer Data solely for the purpose of providing the service. We will not sell, share, or use your Customer Data for any purpose other than delivering the Platform’s functionality, unless required by law. Upon termination, you may request export of your Customer Data in a standard format within 30 days.

6. Service Availability

During the early-access period, the Platform is provided on a best-effort basis. We target high availability but do not guarantee a specific uptime percentage at this stage. We will provide reasonable advance notice of planned maintenance where possible. We shall not be liable for downtime caused by circumstances beyond our reasonable control, including force majeure events, internet service provider failures, or third-party service outages. Formal SLA commitments will be published as the platform matures.

7. Payment Terms

Access to certain features of the Platform requires a paid subscription. Payment processing is handled through Moyasar or other authorised payment gateways. By subscribing, you agree to:

• Pay all applicable fees as specified in the pricing plan you select
• Provide accurate billing information and keep it up to date
• Subscription fees are billed in advance on a monthly or annual basis as selected
• All fees are stated in Saudi Riyals (SAR) and are inclusive of applicable VAT
• Refund requests may be submitted within 14 days of billing by contacting billing@binaey.com. Billing disputes will be addressed within 10 business days

8. Intellectual Property

The Platform, including its software, design, logos, trademarks, and documentation, is the intellectual property of Imtisal (إمتثال) and is protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable right to access and use the Platform for its intended purpose. Nothing in these Terms transfers ownership of any intellectual property to you.

9. Limitation of Liability

To the maximum extent permitted by applicable law: (a) Bana’i shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform; (b) our total aggregate liability for any claims arising from these Terms shall not exceed the total fees paid by you in the twelve (12) months preceding the claim; (c) Bana’i does not guarantee compliance outcomes — the Platform is a management tool that assists with compliance tracking and does not replace professional compliance advice, legal counsel, or regulatory consultation.

10. Termination

Either party may terminate this agreement with 30 days’ written notice. We may suspend or terminate your access immediately if you breach these Terms or engage in prohibited conduct. Upon termination: (a) your right to access the Platform ceases immediately; (b) you may request export of your Customer Data within 30 days; (c) we will delete your Customer Data within 90 days of termination, unless retention is required by law.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, including the Saudi Electronic Transactions Law and the Personal Data Protection Law (PDPL).

12. Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, it shall be submitted to the competent courts in Riyadh, Kingdom of Saudi Arabia.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes at least 30 days in advance via email or in-Platform notification. Your continued use of the Platform after such changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Platform and may request termination of your account.