Terms of Service
These Terms of Service (the "Terms") form a binding legal agreement between Alnawat Alshabiah Establishment (Commercial Registration No. 7054335406), the operator of the Aqarflow platform, and the natural person or legal entity that registers an account to use the platform (the "Subscriber"). By creating an account, subscribing to a plan, or otherwise using the platform, the Subscriber agrees to these Terms in full. If the Subscriber does not agree, the Subscriber must not register an account or use the platform.
1.Introduction and Acceptance
Aqarflow is a software-as-a-service property-management platform operated by Alnawat Alshabiah Establishment, a sole-proprietor establishment registered in the Kingdom of Saudi Arabia under Commercial Registration No. 7054335406, with its registered office at Office 5, 5105 Habib ibn Modaher Street, Al Muhammadiyah District, Dammam 32433, Kingdom of Saudi Arabia (referred to in these Terms as "we", "us", "our", or "the Provider").
These Terms govern the Subscriber's access to and use of the platform, including the web application, mobile applications, application programming interfaces, and any related documentation, integrations, and support services (collectively, the "Service").
By registering an account, ticking the consent checkbox on the registration page, or otherwise using the Service, the Subscriber confirms that (a) they have read, understood, and agree to be bound by these Terms; (b) they are at least eighteen (18) years of age; (c) if registering on behalf of a legal entity, they have the authority to bind that entity to these Terms; and (d) they accept the Privacy Policy referenced in section 7 below.
The Subscriber's acceptance is recorded with a timestamp, IP address, user-agent string, and version number of these Terms. The Subscriber may request a copy of that record at any time via the contact channel in section 22.
2.Definitions
Capitalised terms used in these Terms have the following meanings:
"Authorised User" — a natural person whom the Subscriber has invited to use the Service under the Subscriber's account, including employees, contractors, and agents.
"Content" — any data, text, files, documents, images, or other materials uploaded to, stored in, or processed by the Service by or on behalf of the Subscriber.
"Effective Date" — the date on which the Subscriber first accepts these Terms by registering an account or, where applicable, the date of a later acceptance of a revised version.
"End User" — any natural person whose personal data is uploaded to the Service by the Subscriber, including tenants, property owners, vendors, and staff.
"Fees" — the subscription, usage, and other charges payable by the Subscriber to use the Service, as described on the Provider's pricing page.
"Subscription Plan" — the tier of Service the Subscriber has selected (free, paid, or custom), which determines the Subscriber's feature entitlements and usage limits.
"Workspace" — the segregated tenant environment within the Service that contains the Subscriber's Content and Authorised Users.
3.Account Registration and Security
The Subscriber agrees to provide accurate, current, and complete information when registering an account, and to keep that information up to date. The Provider may suspend or terminate an account that contains information the Provider reasonably believes to be false, misleading, or incomplete.
Each account is associated with a single natural-person email address. The Subscriber is responsible for maintaining the confidentiality of the account credentials and for all activity that occurs under the account. The Subscriber must notify the Provider without undue delay if it suspects any unauthorised access to or use of the account.
The Provider may, at its sole discretion and without prior notice, suspend access to an account where it reasonably suspects fraud, unauthorised access, payment failure, or breach of these Terms. The Provider will use reasonable efforts to notify the Subscriber of the suspension promptly thereafter.
Authorised Users invited by the Subscriber are bound by these Terms to the same extent as the Subscriber. The Subscriber is responsible for ensuring that its Authorised Users comply with these Terms and remains liable for their acts and omissions in connection with the Service.
4.The Service
The Service is provided as a hosted software-as-a-service offering. The Subscriber is not granted any licence to download, copy, or install the underlying software, and the Service is not sold as a perpetual licence. The Subscriber's access is governed exclusively by these Terms.
The Provider may, from time to time, add, modify, remove, or replace features of the Service. Material reductions in functionality of a paid Subscription Plan will be communicated with at least thirty (30) days' written notice to the Subscriber's registered email address, and the Subscriber may terminate the subscription before the change takes effect without penalty.
The Service may rely on third-party services and infrastructure (cloud hosting, email delivery, payment processing, e-invoicing). A reference list of such third-party providers is maintained in the Privacy Policy. The Provider is not liable for outages, defects, or changes in those third-party services beyond its reasonable control.
5.Subscription Plans, Fees, Billing, and Taxes
The Provider offers the Service under one or more Subscription Plans described on the Provider's pricing page. The Subscriber selects a Subscription Plan during registration and may upgrade, downgrade, or change the Subscription Plan from within the Service.
5.1Billing cycle
Fees are charged in advance at the start of each billing cycle (monthly or annual, depending on the Subscriber's selection) in Saudi Riyal (SAR). Fees are non-refundable except as expressly stated in section 5.7 below or where required by applicable Saudi law.
5.2Auto-renewal
Subscriptions automatically renew at the end of each billing cycle for a further period of the same length unless the Subscriber cancels the subscription at least twenty-four (24) hours before the next renewal date. The Subscriber may cancel auto-renewal at any time from within the Service. Cancellation takes effect at the end of the current paid period.
5.3Price changes
The Provider may change the Fees applicable to a Subscription Plan upon at least thirty (30) days' written notice to the Subscriber's registered email address. The new Fees apply from the next billing cycle following the notice period. If the Subscriber does not accept the new Fees, the Subscriber may cancel the subscription before the increase takes effect; continued use of the Service after the effective date constitutes acceptance.
5.4Late payment
If a charge fails or remains unpaid past its due date, the Provider may suspend the Subscriber's access to the Service after seven (7) days and terminate the account after thirty (30) days. Reactivation of a suspended or terminated account requires settlement of all outstanding Fees.
5.5Taxes and invoicing
All Fees are exclusive of Value Added Tax (VAT) and any other applicable taxes, levies, or duties, which are charged in addition where required by Saudi law. Tax invoices are issued in compliance with the Zakat, Tax and Customs Authority (ZATCA) e-invoicing requirements (Fatoora) and made available within the Service.
5.6Refunds
Fees are non-refundable. Notwithstanding the foregoing, the Subscriber may cancel a new subscription within seven (7) days of first activation and request a full refund, provided the Subscriber has not materially used the Service during that period. "Materially used" includes, but is not limited to, creating properties or units, uploading contracts, recording payments, or inviting additional Authorised Users. Refund requests are submitted to the contact channel in section 22.
6.Acceptable Use
The Subscriber agrees not to, and not to permit any Authorised User or third party to: (a) use the Service for any unlawful purpose or in violation of any applicable law or regulation; (b) infringe the intellectual property rights or privacy rights of any third party; (c) upload, store, or transmit any Content that is defamatory, harassing, threatening, obscene, or otherwise harmful; (d) attempt to reverse-engineer, decompile, disassemble, or derive the source code or underlying ideas of the Service; (e) use the Service to develop a competing product; (f) resell, sublicense, or otherwise commercialise access to the Service without the Provider's prior written consent; (g) attempt to gain unauthorised access to any part of the Service, other users' accounts, or the underlying infrastructure; (h) use automated means (bots, scrapers, crawlers) to access the Service at a rate, frequency, or volume that exceeds normal human use, or that the Provider reasonably considers abusive; or (i) use the Service to send unsolicited communications (spam) to tenants, owners, or other persons.
The Provider may suspend the Service immediately and without notice where it reasonably suspects a breach of this section. Suspensions for breach of acceptable use do not entitle the Subscriber to any refund of pre-paid Fees.
7.Subscriber Content and Data
As between the Subscriber and the Provider, the Subscriber retains all right, title, and interest in and to the Content. The Subscriber grants the Provider a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, display, copy, back up, transmit, and otherwise use the Content solely as necessary to provide the Service to the Subscriber and to comply with the Subscriber's instructions.
The Subscriber is solely responsible for the legality and accuracy of the Content. The Subscriber represents and warrants that it has obtained all necessary rights, consents, and authorisations from each End User whose personal data is uploaded to the Service, including consents required under the Personal Data Protection Law (PDPL, Royal Decree M/19).
For the purposes of the PDPL, the Subscriber is the Controller of the End Users' personal data within its Workspace, and the Provider is the Processor acting on the Subscriber's instructions. The Provider's processing activities are described in the Privacy Policy. End Users who wish to exercise their PDPL rights with respect to data the Subscriber has uploaded should contact the Subscriber directly; the Provider will refer such requests to the Subscriber.
8.Intellectual Property
The Provider retains all right, title, and interest in and to the Service, including all software, source code, designs, user interfaces, documentation, trademarks, service marks, logos, and any improvements, modifications, or derivative works thereof. The Aqarflow name and logo are trademarks of the Provider; the Subscriber is not granted any right to use them except as expressly permitted in writing.
Subject to the Subscriber's compliance with these Terms, the Provider grants the Subscriber a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during the term of the subscription, solely for the Subscriber's internal business purposes.
Feedback, suggestions, or ideas about the Service that the Subscriber provides to the Provider are non-confidential and the Provider may use them without restriction or compensation.
9.Confidentiality
Each party may have access to information of the other that is non-public and identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party agrees to use the other's Confidential Information solely to perform its obligations under these Terms and to protect it with the same degree of care it uses to protect its own confidential information (and in no event less than reasonable care).
Confidential Information does not include information that (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully in the receiving party's possession before disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by law, court order, or competent regulatory authority, provided the receiving party gives the disclosing party prompt notice where legally permitted.
The confidentiality obligations in this section survive termination of these Terms for three (3) years.
10.Third-Party Services and Integrations
The Service may interoperate with or rely on third-party services, including but not limited to the Ejar platform, payment processors, e-invoicing platforms operated by ZATCA, cloud hosting providers, and email-delivery services. The Subscriber's use of those third-party services is governed by the terms of the relevant third party, not by these Terms.
The Provider is not responsible for the availability, accuracy, content, security, or practices of any third-party service, and the Subscriber's use of any third-party integration is at the Subscriber's own risk. Where the Subscriber chooses to disable a third-party integration, the Provider may be unable to deliver the related functionality.
11.Service Availability and Maintenance
The Provider uses commercially reasonable efforts to keep the Service available and operational. The Provider does not, however, guarantee any specific level of uptime, availability, or performance, and the Subscriber acknowledges that the Service may be unavailable from time to time due to scheduled maintenance, unscheduled maintenance, software updates, infrastructure failures, network outages, security incidents, or events beyond the Provider's reasonable control.
The Provider may schedule maintenance windows during which the Service may be unavailable. The Provider will use reasonable efforts to schedule such windows outside Saudi business hours (08:00–17:00 Riyadh time, Sunday through Thursday) and to notify Subscribers in advance.
12.Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
THE PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL MEET THE SUBSCRIBER'S SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE SUBSCRIBER FROM THE PROVIDER OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Nothing in this section excludes or limits any warranty implied by mandatory Saudi law that cannot lawfully be excluded.
13.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE TOTAL FEES PAID BY THE SUBSCRIBER TO THE PROVIDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF THE SUBSCRIBER HAS PAID NO FEES DURING THAT PERIOD (FOR EXAMPLE, ON A FREE PLAN), THE PROVIDER'S AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED SAUDI RIYALS (SAR 100).
Nothing in this section excludes or limits the Provider's liability for (a) fraud or fraudulent misrepresentation; (b) wilful misconduct; or (c) any liability that cannot be excluded or limited under mandatory Saudi law (including, where applicable, the Consumer Protection Law and the PDPL).
14.Indemnification
The Subscriber agrees to indemnify, defend, and hold harmless the Provider, its directors, employees, agents, and affiliates from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) the Subscriber's Content, including any claim that the Content violates any third party's rights or any applicable law; (b) the Subscriber's or any Authorised User's breach of these Terms; (c) the Subscriber's or any Authorised User's misuse of the Service; or (d) the Subscriber's failure to obtain required consents from End Users.
The Provider will indemnify, defend, and hold harmless the Subscriber against any third-party claim that the Service, as provided by the Provider and used in accordance with these Terms, directly infringes that third party's intellectual property rights, provided that the Subscriber (i) promptly notifies the Provider in writing of the claim; (ii) grants the Provider sole control of the defence and settlement; and (iii) provides reasonable cooperation at the Provider's expense. The Provider has no obligation under this paragraph for claims arising from (1) the Subscriber's modification of the Service; (2) combination of the Service with materials not provided by the Provider; or (3) Subscriber Content.
15.Suspension and Termination
Either party may terminate these Terms by cancelling the Subscriber's subscription. Cancellation takes effect at the end of the then-current paid billing cycle; the Subscriber retains access to the Service until that date.
The Provider may suspend or terminate the Subscriber's account immediately and without prior notice if (a) the Subscriber materially breaches these Terms and does not remedy the breach within fourteen (14) days of written notice (where remediable); (b) the Subscriber fails to pay Fees when due (subject to the late-payment timeline in section 5.4); (c) the Provider reasonably believes the Subscriber is engaged in fraud, money laundering, or other illegal activity; (d) the Provider is required to do so by a competent court or regulatory authority; or (e) the Subscriber breaches the acceptable-use restrictions in section 6.
Upon termination of the subscription, the Provider's obligations to provide the Service end. The Provider will retain the Subscriber's Content for thirty (30) days after termination to allow the Subscriber to export it (see section 16), after which the Provider may permanently delete the Content, subject to the Provider's backup retention windows and any legal-hold obligations.
16.Data Export and Post-Termination Handling
During the subscription and for thirty (30) days after termination, the Subscriber may export its Content from the Service using the export tools provided in the user interface or, where those are not sufficient, by reasonable written request to the Provider via the contact channel in section 22.
Exports are provided in commonly used machine-readable formats (CSV, JSON, or PDF where appropriate). The Provider does not guarantee that exported data preserves the relational structure of the Service or that it can be re-imported into the Service or any third-party system without further processing.
After the 30-day post-termination window, the Provider may permanently delete the Content from active systems. Backups may retain copies of the Content for up to ninety (90) days from the date of deletion from active systems, after which the Content is purged from backups in the ordinary course of business.
17.Force Majeure
Neither party will be liable for any failure or delay in performance of its obligations under these Terms (other than payment obligations) caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil disorder, government action, internet or cloud-infrastructure outages, network failures, denial-of-service attacks, or labour disputes.
The affected party will use reasonable efforts to notify the other party of the event and to resume performance as soon as reasonably practicable.
18.Modifications to the Service and Terms
The Provider may amend these Terms from time to time. Material amendments will be communicated to the Subscriber's registered email address and via an in-app banner at least thirty (30) days before they take effect. Non-material amendments (such as typographical corrections, clarifications, or updates to contact details) may take effect immediately upon publication.
Where the Provider considers an amendment to be material, the Provider may require the Subscriber to affirmatively re-accept the revised Terms before continuing to use the Service. Continued use of the Service after the effective date of an amendment constitutes acceptance of the amendment.
The Provider may modify, suspend, or discontinue any feature of the Service in accordance with section 4 above.
19.Governing Law and Dispute Resolution
These Terms are governed by, and construed in accordance with, the laws of the Kingdom of Saudi Arabia, without regard to its conflict-of-laws principles. The mandatory provisions of Saudi law (including the Consumer Protection Law, the Personal Data Protection Law, and the E-Commerce Law) apply regardless of any choice-of-law clause.
Before commencing any legal action, the parties agree to engage in good-faith negotiations for at least thirty (30) days following written notice of the dispute. The Subscriber may send such notice via the contact channel in section 22.
If the dispute is not resolved through negotiation, the competent courts of Dammam, Kingdom of Saudi Arabia have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
20.Language
These Terms are issued in both English and Arabic. The Arabic version is the legally controlling text. In the event of any discrepancy, ambiguity, or inconsistency between the English and Arabic versions, the Arabic version prevails. The English version is provided for the convenience of Subscribers who prefer to read it in English.
21.Compliance with Saudi Law
The Service and these Terms are designed to comply with applicable Saudi law, including: (a) the Personal Data Protection Law (Royal Decree M/19) and its Implementing Regulations; (b) the E-Commerce Law (Royal Decree M/126/1440) and its Implementing Regulations; (c) the VAT Law and ZATCA e-invoicing requirements; and (d) the Communications, Space and Technology Commission (CST) cloud-computing regulations, where applicable.
The Subscriber is responsible for ensuring that its own use of the Service complies with all laws, regulations, and codes of practice applicable to its business, including industry-specific regulations.
22.Notices and Contact
Notices from the Provider to the Subscriber will be sent to the registered email address on the Subscriber's account or displayed as an in-app banner; the Subscriber is responsible for keeping its registered email current.
Notices from the Subscriber to the Provider must be sent to [email protected]. Notices are deemed received on the next business day in Dammam, Kingdom of Saudi Arabia, after the date of dispatch.
For all questions, requests, or correspondence relating to these Terms, the Subscriber may contact the Provider at [email protected].
23.Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any other document expressly incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements, proposals, and representations, whether written or oral.
Severability. If any provision of these Terms is found by a competent court or arbitrator to be invalid, illegal, or unenforceable, that provision is severed and the remaining provisions remain in full force and effect.
No waiver. The failure of either party to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. The Subscriber may not assign, transfer, or delegate its rights or obligations under these Terms without the Provider's prior written consent. The Provider may assign these Terms to an acquirer of all or substantially all of its assets, to a successor entity in a merger or reorganisation, or to an affiliate.
Independent parties. The relationship between the Subscriber and the Provider is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
No third-party beneficiaries. These Terms do not confer any rights or remedies on any person other than the Subscriber and the Provider.
These Terms are version 1.0.0, effective 2026-05-13. The Subscriber's acceptance is recorded electronically with the timestamp, IP address, user-agent, and version number of these Terms at the moment of acceptance. The Arabic version of these Terms prevails in the event of any discrepancy. For questions or to request a copy of the acceptance record, contact [email protected].