Privacy Policy

 

This agreement (“Agreement”) sets forth the terms and conditions governing the use of services provided by BILTIX, a Saudi Arabian company (“we,” “us,” or “our,” as applicable), which include, but are not limited to, Construction Project Management as service (SaaS)  that involves the construction project management (“Services”). These services are provided to the customer (“you” or “your,” as applicable) identified in the Order Form referencing this Agreement.

By executing the Order Form, you agree to be bound by the terms and conditions of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the terms hereof. If you lack such authority or do not agree to these terms, you must not accept this Agreement or use the Services.

 

1. Definitions
   • Authorized Users: Refers to the users specified by name and access type in the Order Form, who are granted user IDs to access the Services.
   • Authorized Purposes: Refers to the use of the Services to project management for construction in compliance with the terms of this Agreement and any other purposes outlined in the Order Form.
   • Customer Data: Includes all information, documents, and websites provided by the customer or analyzed by the Services to manage the projects, including data entered, processed, or stored while using the Services.
   • Order Form: Refers to the document executed by both parties that specifies the details of the Services to be provided, applicable fees, term duration, and any additional terms.
   • Cloud Construction Project Management Services: Refers to access to and use of our proprietary cloud-based platform to manage construction projects .
   • Services: Refers to all services provided under this Agreement, including cloud construction management services, technical support, training, and any additional services agreed upon.
   • Construction Project Management: Refers to manage construction projects based on the analysis of documents and user inputs.
   • Support Services: Has the meaning set forth in Section 4.
   • Update: Refers to any enhancement, modification, or upgrade to the Services.
   • User ID: Refers to the unique identifier assigned to Authorized Users to access the Services.

 

2. Cloud Construction Project Management Services
   • Access to Services:
     We grant you and your Authorized Users a non-exclusive, non-transferable right to access the Cloud Construction Projects Management Services during the term of this Agreement solely for the Authorized Purposes, as specified in the Order Form. Use of the Services is limited to the terms outlined in the Order Form, including the number of Authorized Users.  
     
     
   • Usage Restrictions:
     You shall not:

• Copy, distribute, or make the Services available to any third party without prior written consent.
• Modify, reverse engineer, or create derivative works from the Services.
• Rent, sublicense, or grant any rights to the Services to any third party.
• Use the Services to provide project management services on behalf of third parties without prior written approval.
  
  
  • Service Suspension or Termination:
    We reserve the right to suspend or terminate the Services or remove any data or analytics results if it is determined that their use violates applicable laws or policies or if required by legal circumstances.

 

3. Authorized Users
   • Designation of Authorized Users:
     The number of Authorized Users is specified in the Order Form.
     
     
   • Reassignment of User IDs:
     User IDs may be reassigned to new users replacing former users who no longer require access to the Services.         
     
     
4. Support and Training
   • Support Services:
     We provide technical support to ensure the smooth usage of the Services. Advanced support services may be offered for an additional fee, as agreed upon in the Order Form.          
     
     
   • Training:
     We may provide training sessions to demonstrate how to effectively use the Services and maximize their benefits.
     
     
5. Fees and Payment
   • Fees:
     Fees for the Services are outlined in the Order Form and based on the scope of the Services requested.
     
     
   • Payment Terms:
     Fees must be paid upon subscribing to the Services through the platform. In the event of a payment delay, we reserve the right to suspend access to the Services until payment is received.
     
     
   • Taxes:
     Each party is responsible for taxes applicable to its transactions under this Agreement in accordance with applicable laws.

 

6. Ownership and Intellectual Property
   • Intellectual Property Rights:
     All rights, title, and interest in and to the Services and any updates remain exclusively owned by us. Customer Data remains the exclusive property of the customer.  
     
     
   • Rights to Test Cases:
     You are permitted to use the Test Cases generated by the Services for your internal purposes.   
     
     
   • Source Code Usage:
     The use, publication, or rental of source code is strictly prohibited.

 

7. Termination
   • Termination for Breach:
     Either party may terminate this Agreement if the other party fails to meet its obligations and does not remedy such breach within fifteen (15) days of notice.          
     
     
   • Effect of Termination:
     The parties’ obligations regarding outstanding fees, ownership rights, and confidentiality shall survive termination.

 

8. Warranties and Limitation of Liability
   • Warranties:
     We warrant that the Services will be provided in accordance with professional standards. However, we do not warrant that the Services will be error-free or uninterrupted.
     
     
   • Limitation of Liability:
     We shall not be liable for any indirect, consequential, or incidental damages arising from the use of the Services. Our total liability shall not exceed the fees paid in the last six (6) months.

 

9. Indemnification
   • Indemnification by Us:
     We shall indemnify you against any legal claims arising from our infringement of third-party intellectual property rights.
     
     
   • Indemnification by You:
     You shall indemnify us against any claims arising from your misuse of the Services or violation of this Agreement.

 

• General Provisions
  • Governing Law:
    This Agreement is governed by and shall be construed in accordance with the laws of the Kingdom of Saudi Arabia.
    
    
  • Entire Agreement:
    This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings.      
    
    
  • Notices:
    All notices must be provided in writing to the addresses specified in the Order Form.
    
    
  • Force Majeure:
    No party shall be considered in breach if delays or failure to perform are due to circumstances beyond their reasonable control.