This Agreement covers all subscribers to the Bnody service and its website, which are owned and operated by Bunod Information Technology Establishment. Use of the Service means acceptance of the provisions of this Agreement, in addition to any future amendments to this Agreement that are made periodically. Bnody also reserves the right to amend or change these terms and conditions without prior notice, and the Subscriber bears full responsibility for reviewing the terms and conditions of use to learn of updates made to these terms and conditions. Any use by you of the services provided by the Bnody system constitutes your acceptance of this Agreement and its provisions; accordingly, you must not use the system if you do not agree to the terms and conditions contained in this Agreement.

Term of the Agreement

The term of this Agreement begins upon acceptance of this Agreement and continues for as long as the Subscriber remains committed to paying the subscription fees stated on the pricing page. If any provision of this Agreement is breached, the Service Provider has the right to cancel the subscription and delete the Subscriber’s data as stated in Section 10. You also have the right to terminate the Agreement by closing your user account at any time. Bnody has the right to terminate the Agreement with immediate effect at any time if you do any of the following:

(a) If Bnody determines that you are misusing the Service.

(b) For any reason subject to Bnody’s absolute discretion. Bnody is not required to send prior notice of termination of the Agreement.

Payment and Renewal

Any service to which the Subscriber subscribes, such as the accounting system, remote accountant, installation, or training, requires the Subscriber to enter the website and select “Subscribe.” By doing so, the Subscriber agrees to pay the Service Provider the fees stated for that service annually, as indicated in the service description. Service fees will be charged in advance on the day of subscription or upgrade to cover use of the Service for the stated period, and no compensation will be made for the remaining period unless the service description provides otherwise. Bnody reserves the right to impose new fees for use of the Service. If Bnody decides to impose new fees, you will be informed and will be allowed to continue the Agreement or terminate it. Bnody may amend or update prices from time to time. You are responsible for remaining informed of the current prices of services provided through the pricing page, which can be accessed through the home page. You must pay the value of the services to Bnody by bank transfer to our account immediately upon provision of the Service to you. You alone are responsible for paying all fees on time, and you acknowledge that any amount paid cannot be refunded.

If the Customer requests additional points of sale and the Customer’s subscription period for the cloud accounting system expires, the Service will be suspended until the subscription is renewed, while taking into account the subscription date and period of each point of sale separately.

Automatic Renewal

If the Subscriber wishes to terminate the subscription, the Subscriber must notify the Service Provider through the website before the end of the applicable subscription period. If no notice is given, the subscription will renew automatically with its current features, and the Service Provider has the right to collect the subscription value, whether annually as indicated in the service description, using any payment method registered by the Subscriber with the Service Provider. The Subscriber may modify the subscription features through the website.

Security Precautions

The Subscriber bears full responsibility for taking the security precautions necessary to prevent any unauthorized person or system from accessing the Service. This includes, without limitation, not sharing the Service link or login information, not retaining it in any location, and not sharing it with any person. The Service Provider does not guarantee against any damage resulting from the Subscriber’s failure to take the necessary precautions to protect the Subscriber’s login information. The Subscriber must not cause any damage to the website, whether security-related, design-related, programming-related, operational, by disrupting or weakening any service, or of any other kind.

Support

The support methods provided are telephone, email, or the improvements and updates provided by the Service Provider.

Maintenance

The Subscriber agrees that the Service Provider may carry out the maintenance required from time to time for upgrading, adding new features, backing up data, or closing security vulnerabilities, if any, and this may be accompanied by an interruption of the Service. Bnody strives, as far as possible, to provide its electronic services throughout the year, 24 hours a day and 7 days a week. In all cases, it does not guarantee that the Bnody system will operate fully throughout the year, and there will be interruptions for maintenance, periodic updates, or adding new features to the Service. If the Service is interrupted for more than two days, the Subscriber will be compensated by extending the subscription by twice the number of days of interruption.

Intellectual Property

All intellectual property rights in these services and all related materials or anything appearing on them, including any content you provide or enter, are the property of Bnody. It is not permitted to reproduce, or allow any person, for any reason, to use or reproduce the services, modify them, or use any trademarks or other names appearing in the services.

Legal Liability

The Subscriber acknowledges and agrees, finally and irrevocably, that use of the Service is at the Subscriber’s personal responsibility, and that the Service Provider bears no liability for any direct, indirect, special, consequential, financial, or moral damages that may result from use of the Service, any defect, interruption, or slowdown in the system or servers, loss of data, inability to access the Service, or any technical faults arising for any reason whatsoever, including, without limitation, faults resulting from third-party service providers, system updates, periodic maintenance, or force majeure.

The Service is provided “as is,” and the Service Provider gives no guarantees regarding performance resulting from use of the Service, including, without limitation, quality, suitability for any specific purpose, performance, speed, integration, protection against intrusion, or loss and disappearance of data. The Provider is also not responsible for any loss or damage to the Subscriber or any third party caused by the Service or the website under this Agreement, or for any direct, indirect, special, incidental, or consequential damages, whether based on this Agreement or any other legal theory, arising from use of the Service or website or performance under this Agreement. The information, recommendations, services, or anything provided to you on the website and through the Service are for general information purposes only and do not constitute advice. Bnody will, as far as possible, maintain the accuracy and updating of the website, Service, and their content, but it does not guarantee that the content of the website or Service is free of errors, defects, malware, or viruses, and it does not guarantee the correctness, accuracy, or updating of the website and Service. Bnody is not responsible for any damages resulting from use of, or inability to use, the website or Service, including damages caused by malware or viruses. It is also not responsible for incorrect or incomplete information, website content, or Service content, unless such damage results from intentional misconduct or gross negligence by Bnody. Bnody also bears no responsibility for any damages resulting from use of, or inability to use, electronic means of communication with the website or Service, including, without limitation, damages resulting from non-delivery or delayed delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses. Bnody strives, as far as possible, to provide its electronic services throughout the year, 24 hours a day and 7 days a week. In all cases, it does not guarantee that the Bnody system will operate fully throughout the year, and there will be interruptions for maintenance, periodic updates, or adding new features to the Service.

Personal and Non-Transferable Agreement

Bnody grants you a non-transferable and non-assignable licence. Your subscription may not be sublicensed, and the Subscriber cannot recover the subscription value or any part of it after this Agreement takes effect.

Subscription Expiry or Termination of the Agreement

If the Subscriber requests suspension of the Service or stops paying after the subscription period ends, the Subscriber will be given a period of 7 days for payment. When the granted period of seven days expires, Bnody bears no responsibility for retaining the Subscriber’s data or anything related to the Service, and the subscription will be cancelled and the Service completely stopped. The Subscriber acknowledges that, if the subscription is renewed after the periods mentioned above, there is no guarantee that previous data can be restored. As for a trial subscription, the Service Provider does not retain any data, gives no guarantees, and the Subscriber has no right to claim it. If the Subscriber wishes to stop the Service, the Subscriber may do so by not paying the subscription or by notifying the Service Provider directly through the website. In that case, the Subscriber’s data will be erased as provided in this Section. The Service Provider also has the right to notify the Subscriber that the Service will be stopped and give the Subscriber a period of one month to copy the Subscriber’s data without stating reasons. Bnody also has the right to terminate your subscription if you do any of the following:

(a) Violate or breach any condition of use.

(b) If Bnody determines that you are misusing the Service.

(c) For any reason subject to Bnody’s absolute discretion. Bnody is not required to send prior notice of termination of the Agreement.

Privacy

With respect to the Service, the Service Provider is keen to respect the privacy of the Subscriber and all data entered by the Subscriber while using the Service, and not to access the Subscriber’s account, view it, or copy the data entered by the Subscriber except at the Subscriber’s request for the purpose of facilitating the Subscriber’s work or training, or as stated in the Remote Accountant Section or the Data Retention provisions.

With respect to the website, the Service Provider collects data that does not identify the Subscriber or visitor and that internet browsers normally send, such as browser type, preferred language, operating system type, and the time and date of the request. This is for the purpose of understanding how subscribers or visitors interact with the website, in addition to publishing general summarized usage statistics that are not linked to a particular person.

The Service Provider records the internet addresses of visitors or subscribers, which may identify them, but does not disclose them except as stated in the remainder of this Section below.

The Service Provider retains the data necessary for subscription to the Service that the Subscriber enters during registration, such as the Subscriber’s name, email address, contact and payment information, or other data. The Service Provider may disclose such data to relevant persons affiliated with the Service Provider, including employees, contractors, or affiliated organizations: (1) who need that data in order to process it on behalf of the Service Provider or provide the requested Service; and (2) who have acknowledged that they will not disclose that information to third parties. Some employees, contractors, or affiliated organizations may be outside the country of the Subscriber or visitor, and use of the Service means acceptance of the transfer of such data abroad. The Service Provider will not rent or sell any visitor or subscriber data to any entity except as stated above or in compliance with a court order or an official governmental order.

The Service Provider reserves the right to send emails to the Subscriber from time to time to inform the Subscriber of new features or important information related to the Service, the website, or the Service Provider, or to request the Subscriber’s views concerning the Service. The Service Provider also reserves the right to publish some responses or inquiries received concerning the Service or website, such as technical support requests, for the purpose of assisting other subscribers after removing all information that may identify the Subscriber.

A cookie is a text file stored by websites on the user’s device and made available by the browser to the website each time it is visited in order to identify the visitor and save preferences. The Service Provider uses cookies on the website to identify the pages most frequently visited by the Subscriber or visitor and save preferences. If the Subscriber or visitor does not want cookies, they may be blocked through browser settings, taking into account that some parts of the website or Service may not operate fully.

Acquisition or Discontinuation of Business

If the Service Provider or any part of its business is acquired by a third party, the Subscriber’s information and all of the Subscriber’s data are considered assets transferred to the third party.

If the Provider becomes bankrupt or exits the market, the Service Provider is obligated to give the Subscriber permission to copy the Subscriber’s data in addition to the source code for a period of two weeks from the date of bankruptcy or exit.

Remote Accounting and Review

When subscribing to this optional service, a specialized accountant will be appointed by the Service Provider according to the subscription type to provide accounting or review services to the Subscriber.

The Subscriber must provide the remote accountant with all information necessary to complete the work and prepare the required reports, and any information needed to complete the accounting work. If the Subscriber delays in providing the remote accountant with such information or any other information, the Service Provider bears no responsibility for any defect caused by that failure.

Because the remote accountant’s work requires access to the system, the Subscriber must create a login account, allow the accountant to access, review, and update data, and grant the appropriate permissions.

The primary means of communication with the accountant is email. If data is delivered by another method, this is at the Subscriber’s responsibility. If a meeting with the accountant is desired, it may be arranged according to the agreed fees and the accountant’s suitable schedule.

The accountant’s communication hours are working days from Sunday through Thursday, from nine in the morning until five in the evening, excluding official holidays and public holidays.

Reports prepared through the remote accountant service are intended for internal accounting and review and are not legally certified accounting reports. Their accuracy depends on the accuracy and correctness of the information provided by the Subscriber.

The Subscriber is bound by the selected subscription type for the remote accountant service, whether the subscription is based on the number of hours, the number of reports, or the accountant type.

The Service Provider has the right to change the accountant according to the circumstances it considers appropriate.

The Subscriber agrees that, if there are errors in entries made by the remote accountant, the Subscriber must submit a correction request within no more than two weeks after the data is entered, and the Service Provider will correct them without any compensation. In the event of material damages resulting from negligence, intentional failure, or any misconduct by the remote accountant, the Service Provider will provide financial compensation not exceeding the value of the subscription paid by the Subscriber for the remote accountant service.

Everything the remote accountant provides in the form of recommendations, ideas, or consultations is offered for benefit and advice, and neither the Service Provider nor the accountant bears any damages if the Subscriber applies it and does not obtain the expected results.

Training

If this optional service is requested, the mechanism, time, and cost of the training sessions will be agreed with the Subscriber.

If the Subscriber is unable to attend any training session, the Subscriber must notify the Service Provider by email at least 24 hours before the session time. If the Subscriber does not attend the training without notification, the session will be counted as one of the training sessions.

Applicable Law and Dispute Resolution

The Subscriber’s terms are subject to, and any dispute, claim, or disagreement arising from the Agreement with the Subscriber or relating to it, or any breach, termination, performance, interpretation, validity, or use of the website or Service, will be resolved under the laws and regulations applicable in the Kingdom of Saudi Arabia and interpreted in accordance with them.