Introduction

These Terms and Conditions of Use (the “Terms and Conditions”) constitute a binding agreement governing your use of the services provided by “Tamam Platform”. “Tamam” is the trade name of the “Tamam” application and the “Tamam Platform” website, both owned by Numo Information Technology Establishment.

By creating a new account by clicking to agree to Tamam Platform’s Terms and Conditions and Privacy Policy, or by using any of our services, you acknowledge that you have read, understood, and agreed to these Terms, either in your personal capacity or on behalf of the entity you represent. If you do not agree to any of these Terms, you must immediately refrain from using our services.

All rights not expressly granted under these Terms are reserved to “Tamam Platform”. “Tamam Platform” reserves the right to amend these Terms at any time by publishing the updated version on its website. Accordingly, we recommend reviewing the Terms periodically to stay informed of any updates that may affect your use of the service. Your continued use of the services after the publication of amendments constitutes implicit acceptance of such amendments. If you do not agree to the amended Terms, you must immediately cease using our services.

The services of “Tamam Platform” are intended solely for individuals who are eighteen (18) years of age or older. Persons under this age are not permitted to use the services. You are responsible for ensuring that all users you add meet this age requirement.

Definitions

For ease of understanding and reading these Terms and Conditions, the following key terms are defined as follows:

·        “Client” and/or “Owner Account”: Refers to the natural or legal person who registers to use the service by creating an account on “Tamam Platform”. Under the Saudi Personal Data Protection Law (PDPL), the Client is the "Data Controller" who determines the purpose and method of processing data. If you create an account or use the services on behalf of a commercial entity, you represent and warrant that you have the legal authority to agree to these Terms on behalf of that entity, which shall then be deemed the Client and shall be bound by these Terms in full.

·        “Authorized User” and/or “Authorized Users”: Refers to any person or entity authorized by the Client to use the services on its behalf. This includes added users, the Client’s employees and authorized personnel, as well as partners or third parties authorized by the Client or granted access to the Client’s account data on “Tamam Platform”. The Client shall be responsible for all actions of such Authorized Users.

·        “Personal Data”: Means any information relating to an identified or identifiable natural person (“Data Subject”). A natural person is identifiable if they can be identified directly or indirectly through information such as name, identification number, location data, electronic identifiers, or characteristics relating to their physical, physiological, genetic, psychological, economic, cultural, or social identity. This includes, without limitation: first and last name, identification number, email address, address, region, phone number, education and training data, employment data, financial and banking data, demographic characteristics, contact data, and potentially certain health information.

·        “We” and/or “Numo Information Technology Establishment” and/or “Tamam Platform”: Refers to Numo Information Technology Establishment, the owner and operator of the “Tamam Platform” and its services, including any updates provided from time to time. In the context of data processing, the Platform acts as the "Data Processor", processing data on behalf of the Client.

·        “Fees”: Means the financial amounts that the user is required to pay in advance when subscribing to any paid services of “Tamam Platform”, in accordance with the packages or plans approved and announced on the platform. These Fees are a fundamental condition for benefiting from such services and are non-refundable except in cases specified by the platform or required by applicable law.

·        “Services”: Means the products and services of “Tamam Platform” and the “Tamam Application”, including any features, technologies, or functionalities provided through such products and services, whether via the “Tamam Application” or the website www.tamamplus.com.

·        “Content”: Refers to texts, images, illustrations, audio and visual materials, documents, and all other types of information displayed through the “Tamam Application” or the Tamam Platform website, whether directly perceptible by the user or through assistive devices.

·        “You”: Refers to the “Client”, and depending on the context, includes the “Owner Account” user or the accounts of its “Authorized Users”.

Account Information

To use our services lawfully, you must have reached the legal age as determined by the laws of your country of residence. You agree to provide accurate, complete, and up-to-date information related to your account at the time of registration, and you undertake to keep such information updated on an ongoing basis to ensure its accuracy and completeness at all times. We use account information — including your contact details and those of Authorized Users — to communicate with you when necessary. Accordingly, you are responsible for ensuring that such information remains accurate and current to continue receiving notifications and communications related to the services.

Use of Your Account

“Tamam Platform” grants you a limited, non-exclusive, non-transferable, and revocable license to use the services solely for the Client’s business purposes and in accordance with these Terms. You bear full responsibility for all activities and actions carried out through your account, including any modifications or changes made, as well as any data entry, modification, or access performed by your Authorized Users. You are responsible for managing access levels for each Authorized User and may revoke their access rights at any time and for any reason. Consequently, such person or entity shall cease to be an Authorized User or shall have their access level modified as determined by you. If you are an Authorized User using the services on behalf of a Client, you represent and acknowledge your responsibility to ensure that you have obtained full authorization and permissions from that Client, including permissions to access, modify, or delete data, or to make any changes to the account. You further acknowledge that, in the event of any dispute between you as an Authorized User and the Client regarding access to the services, the Client alone shall have the right to determine or modify the type or level of access granted to that Authorized User to the relevant data or services, if any. Numo Information Technology Establishment shall bear no obligation or liability toward any party other than the Client, as the services are provided and these Terms are applied solely for the benefit of the Client and not for any Authorized User. If you are a Client, you are responsible for authorizing any Authorized User to use the services and bear full legal responsibility for their actions within the system. You further agree to indemnify Numo Information Technology Establishment against any claims, damages, or losses arising from the use of or access to your account by any Authorized User.

Account Suspension and Termination

“Tamam Platform” reserves the right to suspend or terminate your account at any time, with notice to you. Such termination shall take effect upon the expiration of the current paid subscription period. We also reserve the right, as “Tamam Platform”, to immediately suspend or terminate your account without prior notice if we determine, at our sole discretion, that any of the following has occurred:

·        You have committed a material or repeated breach of these Terms or any other terms or policies governing your use of the services.

·        The provision or your use of the services in your country, region, or city constitutes or may constitute a violation of applicable laws.

·        A decision has been made to withdraw the services entirely from your country, region, or city.

·        You have failed to comply with the limits or restrictions of your subscription plan, including, without limitation, the number of users, forms, or inspections.

·        Your use of the services poses a security risk or threatens the availability of the services for “Tamam Platform”, Numo Information Technology Establishment, or other clients, or adversely affects (or may adversely affect) the performance or stability of our systems, or requires disproportionate resources to provide the service (such as storage capacity, processing power, or excessive support requests).

·        You submit a request for a subscription fee refund and the platform approves such request in accordance with the terms and conditions of the Refund Policy set out in this document.

Refund Policy

The user is entitled to submit a request for a subscription fee refund (“Refund Request”) in accordance with the following terms and conditions:

First: Statutory Period for Submitting a Refund Request

The user may submit a Refund Request within a maximum period of seven (7) days from the date the subscription fees are collected and the subscription becomes effective. The user may also submit a Refund Request for monthly or annual subscriptions at any time if the reason for the request is due to a material technical malfunction that resulted in a complete inability to access the service for a continuous period exceeding forty-eight (48) hours, provided that the user notified the technical support team of the malfunction and granted the platform a reasonable period to resolve the issue.

Second: Cases Where the Right to Refund Is Forfeited

The user’s right to submit a refund request shall lapse if the user has benefited from any of the following services:

1.     Inspection and audit services.

2.     Forms creation services.

Third: Effect of Approval of a Refund Request

The user acknowledges and agrees that approval of a Refund Request results in the suspension of the account associated with the refunded subscription and the termination of access to the platform’s services. The user bears full responsibility for exporting, saving, or backing up any data, content, reports, or files deemed important prior to completion of the refund process. The platform shall bear no responsibility for any loss of data or inability to recover such data after the refund is executed and the account is suspended.

Refund Request Submission Steps

If the user wishes to submit a Refund Request, the following procedures must be followed:

1.     Ensure that the eligibility conditions for submitting a Refund Request are met in accordance with this policy.

2.     Submit a cancellation or refund request by sending a formal request from the email address registered to the business owner’s account to the following email address: legal@tamamplus.com.

Review and processing of the Refund Request shall take between five (5) and ten (10) business days from the date of receipt. The outcome shall be one of the following:

·        Rejection: If the conditions are not met, the user shall be notified of the rejection with an explanation of the reasons.

·        Approval: If the conditions are met, the user shall be notified of approval, and the refund shall be processed within a period ranging from seven (7) to fourteen (14) business days from the date of the approval notification.

Fees and Charges

The applicable fees for using the services (“Fees”) are as stated on the website or as otherwise notified to you in the case of special or exclusive plans. These Fees are subject to change at any time. “Tamam Platform” reserves the right to amend the Fees and/or introduce new pricing plans or updated terms, with notice to you of no less than fourteen (14) days. The new Fees or terms shall automatically apply upon expiration of the notice period unless you cancel your subscription before the amendments take effect. If you change or reactivate your plan after cancellation, the new Fees shall apply immediately. Subscriptions are billed in advance on either a monthly or annual basis, depending on the plan selected. All paid Fees are non-refundable, including in cases where the service is not fully utilized during the subscription period, unless otherwise required by applicable law. A valid payment method (such as a valid credit card) is required to subscribe. Payments will be processed automatically at the beginning of each billing period (monthly or annually) unless the subscription is canceled before the renewal date.

Subscription, Billing, and Auto-Renewal

Subscriptions are provided in accordance with the fees specified for each plan and shall automatically renew at the end of each billing cycle unless the user cancels prior to the renewal date. The user agrees to pay all applicable fees using the payment method registered to their account. The user further authorizes the Platform to charge the subscription fees and any additional fees arising from plan upgrades, the addition of users (seats), or other services using the registered payment method. An authorized user may disable auto-renewal or cancel the subscription at any time through the account settings, provided that such cancellation shall take effect at the end of the current billing cycle.

Free Trial Period

If you use a free trial version of any of our services, the trial period begins on the registration date and continues until the expiration of the specified trial duration as published for continued use of the service. Upon expiration of the free trial period, you must provide valid payment method information unless you transition to a free plan (if available).

Taxes

1. Taxes in General

All prices and fees displayed on the Platform or set out in any commercial offer or agreement are exclusive of any applicable taxes, governmental fees, or similar charges, unless expressly stated otherwise.

2. Value Added Tax (VAT)

If Tamam Platform is not registered for Value Added Tax at the time of entering into the subscription and subsequently becomes registered with the (Zakat– Kingdom of Saudi Arabia), or becomes legally required to register, Tamam Platform shall be entitled to impose Value Added Tax at the applicable statutory rate in the Kingdom of Saudi Arabia on all taxable services, effective from the official date of VAT registration.

3. Application of VAT

VAT shall apply to all invoices issued on or after the effective date of registration, including recurring subscription fees and renewals, without the need to amend this Agreement or obtain any additional consent from the Customer. Continued use of the services after the VAT registration date shall constitute acceptance of the imposition of VAT in accordance with applicable law.

4. Prepaid Subscriptions

VAT shall not be applied retroactively to amounts that were invoiced and fully paid prior to the effective VAT registration date, unless otherwise required by applicable law.

5. Customer Payment Obligation

The Customer shall pay the applicable VAT in addition to the subscription fees within the payment period specified in the invoice. Failure to pay the applicable VAT shall constitute a breach of the Terms of Service and shall entitle Tamam Platform to take appropriate legal and contractual actions, including suspension of services.

6. Statutory Amendments

In the event of any change to the VAT rate or the introduction of any new taxes or governmental charges applicable to the services, Tamam Platform reserves the right to adjust the prices accordingly, effective from the date such changes become legally enforceable.

Bank and Transfer Fees

Additional fees may be imposed by your bank when processing payments, including international transfer fees or currency settlement differences. Even when paying in local currency, additional charges may apply. If there is a discrepancy between the invoice amount and the amount shown on your card statement, please contact your bank directly. “Tamam Platform” shall bear no responsibility for any additional bank fees imposed.

Account Upgrade or Downgrade

You are permitted to upgrade or downgrade your account through the subscriptions section of your account or the users page, including, without limitation, adding or removing seat(s) or subscribing or unsubscribing. Upgrades or downgrades take effect immediately upon execution of the change in the account.

·        In the case of an upgrade: The resulting additional Fees shall be charged immediately to the registered payment method, and the billing date shall be updated to the first new billing date following the upgrade.

·        In the case of a downgrade: You shall not be eligible for a refund of any prepaid amounts for the unused portion of the higher subscription, and the new plan shall take effect from the moment it is activated. The Client acknowledges that downgrading may result in the loss of features or storage. The Client is solely responsible for exporting all reports and data prior to confirming a downgrade, and the Platform bears no liability for data loss in such instances.

Please note that downgrading your account may result in the loss of certain content, features, or storage capacity associated with the previous plan. Accordingly, you acknowledge and agree that “Tamam Platform” bears no responsibility for any loss of data, content, features, or capacity resulting from your voluntary downgrade.

Plan Limits and Fair Use Policy

Our services are offered through various packages that provide different options in terms of the number of seats and users, available features, and applicable Fees, as set out on our website or as otherwise communicated to you in the case of exclusive plans. We may amend these limits at any time by increasing, reducing, or removing them through updating package details on our website or by direct notice for special plans. You are expected to comply with the new limits from the first subsequent use of the service. You also agree that we may use data derived from your use of the services, such as the number of seats or inspections, to determine the most appropriate plan and pricing for you. If you exceed the permitted limits of your current plan, we reserve the right to require you to upgrade to a higher plan commensurate with your level of usage. We also reserve the right to suspend or restrict your account or access to the service if your usage is deemed unfair or unreasonable or adversely affects service quality for other clients. This includes cases where your usage may pose a security risk, affect the stability or performance of our systems, or require excessive resources such as storage, processing capacity, or repeated technical support requests.

Disclaimer of Warranties

As a Client, you assume full responsibility for your use of the services, which are provided on an “as is” and “as available” basis without any warranties of any kind, whether express, implied, or statutory. This includes, without limitation, any implied warranties of quality, fitness for a particular purpose, or non-infringement.

We do not warrant that:

·        The services will meet all your needs or requirements.

·        The services will operate continuously, securely, or free from errors or interruptions.

·        The results, analytics, and reports obtained from using the services are provided as technical assistance tools only; the Client remains solely responsible for verifying the accuracy of field data and for any decisions or actions taken based on such results.

·        Any products, services, information, or materials obtained through “Tamam Platform” will meet your expectations or achieve the desired level.

We may, from time to time, add, modify, or remove features or functions of the services without prior notice. Use of such updates may require installation of updated versions to continue benefiting from the services. We also reserve the full right, at any time and at our sole discretion, to discontinue providing any part or all of the services, permanently or temporarily. Nothing in these Terms shall be construed as an obligation on our part to guarantee continued service availability or support for any specific version thereof.

Limitation of Liability

You acknowledge and agree that you bear full responsibility for your use of the services and that “Tamam Platform” and Numo Information Technology Establishment shall not be liable to you for any indirect, consequential, or special damages, including, without limitation, loss of profits, reputation, data, or any intangible assets, whether arising in contract, tort (including negligence), strict liability, or otherwise, resulting from:

·        Your use of or inability to use the services.

·        Decisions, penalties, or damages resulting from the "real-time" inspection results or analytics, as the Platform is a technical facilitator and not a professional auditor.

·        Costs or losses arising from your use of services or data executed through the “Tamam” platform.

·        Unauthorized access to or alteration of your data or communications.

·        Any statements or conduct of third-party service users.

·        Any other matter related to your use of the services.

Use of Services and Indemnification

You bear full responsibility for all activities conducted through your use of the services via your account, including responsibility for maintaining the confidentiality of your login credentials and password. “Tamam Platform” shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your login information. You agree to indemnify and hold “Tamam Platform” harmless from any liability, claims, actions, losses, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the services through your account or from your violation of these Terms or breach of any obligations thereunder.

Reasonable Use Policy

You agree to use the services in a reasonable and proportionate manner consistent with their intended purposes, including where you are subscribed to a plan described as “unlimited”. If “Tamam Platform” determines that your use exceeds reasonable usage limits or adversely affects service performance for you or other users, it reserves the right to take appropriate measures to restrict such use. Wherever possible, we will notify you at least twenty-four (24) hours in advance and grant you the opportunity to reduce usage before applying any restrictions. Potential usage restrictions may include, without limitation, the following for each account owner:

·        Maximum storage space allocated for data hosting and backup.

·        Number of permitted actions per calendar month.

·        Number of page visits within a five (5) minute period.

·        Amount of bandwidth used within a twenty-four (24) hour period.

·        Number of forms, inspections, applications, users, seats, sites, or geographic locations registered under the account.

Harmful or Unlawful Use

When using the services, you undertake not to engage in any of the following actions:

1.     Use the services in any unlawful manner or for any illegal, fraudulent, or unauthorized purpose, or in violation of these Terms or applicable laws and regulations.

2.     Infringe our intellectual property rights or those of any third party in the course of using the services.

3.     Transmit or distribute any defamatory, abusive, or inappropriate content through the services.

4.     Use the services in a manner that may damage, disrupt, overload, or impair our systems, degrade their performance, threaten their security, or negatively affect other users’ experience.

5.     Collect or extract information or data from the services or our systems, or attempt to decrypt any data transmitted to or from our servers.

6.     Disclose or distribute other users’ information to any third party or use their data for marketing purposes without their explicit consent.

7.     Access user accounts or log into them using bots or automated means.

8.     Use any names, titles, or content containing explicit sexual references, racism, ethnic or cultural discrimination, or any content deemed offensive, provocative, shocking, or inappropriate.

9.     Process personal data unlawfully, including, without limitation:

o   Failure to comply with the Implementing Regulations of the Personal Data Protection Law issued on 07/07/1444H (29/01/2023G) by the Saudi Data and Artificial Intelligence Authority (SDAIA).

o   Violation of any other laws related to the collection, processing, use, or protection of personal data.

o   Failure to comply with any alternative, updated, or supplementary laws or regulations.

o   Failure to adhere to any judicial or administrative interpretations, guidelines, codes of conduct, or accreditation mechanisms issued by competent authorities.

Intellectual Property

You acknowledge and agree that all technologies, software, applications, designs, images, and other content underlying or associated with the services of “Tamam Platform” are owned by or licensed to Numo Information Technology Establishment and are protected by copyright, trademarks, patents, trade secrets, and other intellectual property rights under applicable laws and regulations. This ownership extends to the structure, logic, and design of all "Templates" provided; the Client is granted a right to use these structures only within the Platform.

Unless expressly stated otherwise in these Terms, you agree not to use or exploit any of such rights, content, or elements in any manner that infringes the rights of the establishment or other users, whether in whole or in part and by any means.

You are expressly prohibited from:

·        Copying, modifying, or creating derivative works from the services or associated content.

·        Reverse engineering, decompiling, or attempting to access source code.

·        Selling, leasing, licensing, or transferring any part of the rights or components associated with the services.

All rights not expressly granted to you under these Terms are fully reserved to “Tamam Platform” and Numo Information Technology Establishment. If you publish any materials containing trademarks or copyrighted content through the website or applications, you represent and warrant that you possess the necessary rights and authorizations to do so.

Free Services

“Tamam Platform” may provide certain services free of charge, including free accounts, third-party products, trial use, or access to unfinished products, whether in pre-release, early release, or beta versions (collectively referred to as “Free Services”). You acknowledge that such products are still under development and may contain defects or technical errors. Your use of Free Services is subject to any additional conditions that may be specified by “Tamam Platform” from time to time and is permitted only for the duration specified by “Tamam Platform” or for thirty (30) days if no specific duration is stated. “Tamam Platform” reserves the right, at its sole discretion, to terminate your right to use any Free Services at any time and for any reason without incurring any obligation toward you as a result.

Your Accounts

To create an “Owner Account” on “Tamam Platform”, you must register through the registration page, complete the required form, and agree to the Terms and Conditions and Privacy Policy. As an “Owner Account” or an “Authorized User” with permission to add users, you may invite new users through the user management page. An “Authorized User” must accept the invitation sent by the “Owner Account” or by any “Authorized User” with permission to add users, complete the registration completion form, and agree to the Terms and Conditions and Privacy Policy. As an “Owner Account”, you bear full responsibility for all actions performed through your account and all associated “Authorized User” accounts (collectively referred to as “Your Accounts”), including:

·        Maintaining the confidentiality of passwords associated with Your Accounts.

·        Ensuring that access to Your Accounts is limited to individuals authorized by you.

·        Ensuring that all activities conducted through Your Accounts comply with these Terms.

If you are an “Authorized User”, your account shall be subject to management by administrative accounts (such as the “Owner Account” or any “Authorized User” with administrative privileges). Such accounts may:

1.     Manage your permissions within subscription services, including adding or removing you from services.

2.     Enable or disable certain features or functions within subscription services.

3.     Transfer, modify, or delete your data.

You acknowledge and agree that your account as an “Authorized User” may be subject to management by the entity that owns or controls the domain of the email address used for registration (such as your employer if you registered using a work email address). “Tamam Platform” bears no responsibility for any actions taken by account administrators or affiliated administrative entities.

Beta Operation and Disclaimer of Liability

The User acknowledges and agrees that Tamam is currently operating as a Beta version, and that certain services, features, or functionalities may be incomplete, modified, updated, temporarily suspended, or otherwise changed without prior notice.

Accordingly, the User acknowledges that they use the Platform during this Beta phase at their own risk and are solely responsible for maintaining backup copies of any data, files, forms, attachments, or other content they create, upload, or store on the Platform.

To the maximum extent permitted by applicable laws and regulations, Tamam and its owner shall not be liable for any loss, damage, deletion, unavailability, or inability to recover any data or content that may occur during the Beta phase, whether resulting from technical issues, updates, maintenance, system failures, or any other cause.

The owner of the Platform reserves the right to modify, suspend, discontinue, or terminate any part of the Platform or its services, or to delete, reset, or otherwise remove any data generated during the Beta phase, without incurring any liability or obligation to compensate the User, to the extent permitted by applicable laws and regulations.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia. The parties expressly acknowledge that the Saudi judiciary within the Kingdom of Saudi Arabia shall have exclusive jurisdiction to hear any dispute or claim arising out of or relating to these Terms or the use of the services.

General

·        Severability: Each provision of these Terms shall be deemed independent. If any provision is determined by a competent court or authority to be unlawful or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

·        No Waiver: Our failure to require your compliance with any obligation under these Terms at any time or our failure to exercise any of our rights promptly shall not constitute a waiver of such rights and shall not relieve you of your obligation to comply with such obligations in the future.

·        Assignment and Transfer Prohibition: You may not assign, sublicense, transfer, or otherwise dispose of these Terms or any of the rights or obligations granted hereunder, in whole or in part, without the prior written consent of “Tamam Platform” or Numo Information Technology Establishment.

·        Force Majeure: Except for obligations relating to the payment of Fees or amounts due, neither party shall be liable for any failure or delay in performance resulting from events beyond its reasonable control (Force Majeure Events), including, without limitation, natural disasters, wars or terrorist acts, epidemics, riots, labor disputes, governmental decisions or actions, power outages, or disruptions in telecommunications, data, or internet services.