Terms and Conditions of Masaha Al-Taqniyat for Information Technology Company (SpotMe)

1. Preamble

1.1. These Terms and Conditions ("Terms") constitute the legally binding contract between Masaha Al-Taqniyat for Information Technology Company, a single-person company registered under the Saudi Companies Law with commercial registration number (7036226160 - 1010937845), issued by the Saudi Ministry of Commerce, headquartered in Riyadh, Kingdom of Saudi Arabia, herein referred to as "the Company," "we," "SpotMe," or "the Owner," and any natural or legal person using the Company’s electronic platform, including the website (spotme.sa), the mobile application available on stores like Google Play and Apple App Store ("the App"), and the administrative control panel for contracted entities ("the Dashboard"), collectively termed "the Platform." Your use of any part of the Platform, whether as an individual user seeking to reserve parking spaces ("User") or a company/institution registering to manage its parking facilities ("Partner"), constitutes your full and explicit acceptance of all terms and details herein, including any future amendments notified via the registered email or through a notice on the Platform. If you do not agree to any part of these Terms, you must immediately cease using the Platform in its entirety, cancel any subscriptions or accounts you may have created, noting that continued use after such notification shall be deemed legally binding acceptance.

1.2. Any interaction or potential use of any Platform element, whether by a natural person ("User") utilizing services for personal or limited professional purposes like daily commuting, shopping at commercial centers, or attending events, or by a legal entity ("Partner") managing owned or delegated parking facilities via the Dashboard with official documentation, constitutes irrevocable consent to all provisions, with amendments notified via email or Platform notice per Clause 11 below, with such notice legally sufficient without requiring actual receipt confirmation, and continued use post-notification implies full acceptance under Saudi E-Transactions Law.

1.3. In case of non-acceptance of any clause, immediate cessation of Platform use is mandatory, including terminating active sessions, canceling bookings, and deleting the App, with account cancellation required via written request to info@spotme.sa within 7 days, and any prepaid fees non-refundable except by Company discretion in exceptional cases, with data deleted within 30 days per Personal Data Protection Law unless a dispute or judicial order requires retention, and continued use post-rejection constitutes a breach subjecting the party to full liability under Saudi Commercial Courts Law.

2. Definitions

2.1. Platform:

2.1.1. Encompasses the integrated digital ecosystem owned and administered by the Company, including:

2.1.1.1. The domain (spotme.sa), hosted via localized Alibaba Cloud infrastructure within Saudi Arabia, compliant with CITC regulations, employing advanced cryptographic protocols like HTTPS and SSL/TLS for secure user-server communications, with periodic updates for browser compatibility (e.g., Chrome 120+, Firefox 115+, Safari 17+), using frameworks like React and Node.js, with Company retaining amendment rights without prior notice.

2.1.1.2. The mobile Application operable across Android (version 8.0 "Oreo" and above) and iOS (version 13.0 and above), distributed via official stores under distribution agreements, developed with frameworks like Flutter for cross-platform performance, with periodic updates for bug fixes and new features, and the Company may discontinue support for old versions without liability, requiring Users to update devices.

2.1.1.3. The administrative Dashboard, accessible via browsers like Chrome, Firefox, Edge, or Safari using advanced front-end technologies like React or Next.js, with potential future dedicated apps at Company discretion, used for parking management, permit issuance, and real-time occupancy tracking, with Company retaining modification rights without prior notice, and Partners must comply with hardware/software specs in integration docs.

2.2. User:

2.2.1. Any natural person creating a personal account on the App or website for reserving parking spaces for personal purposes like daily commuting, shopping, or events, without engaging in broad commercial activities like reselling, with account ownership non-transferable without written Company consent via info@spotme.sa, and User liable for unauthorized use due to negligence in protecting access credentials like passwords or OTPs, with Company monitoring via login logs or intrusion detection systems without notification obligation, per Personal Data Protection Law.

2.2.2. Obligated to provide accurate personal data (e.g., full name per ID, mobile registered with STC, Mobily, or Zain, active email) for identity verification and notifications, with any falsification (e.g., alias names, wrong mobile) constituting a breach under Cybercrime Law, subject to penalties like fines up to 500,000 SAR or imprisonment up to 5 years, and Company may suspend or terminate accounts without notice upon detection via internal validation or third-party complaints, with data stored encrypted in Alibaba Cloud for audit.

2.3. Partner:

2.3.1. Any legally registered entity in Saudi Arabia (e.g., LLC, single-person company, sole proprietorship, or government entity like municipalities, hospitals, universities) managing parking via the Dashboard, requiring proof like Commercial Registration (e.g., 7036226160 - 1010937845) or operational license, subject to rigorous verification manually or via potential future API integration with government databases, with Company reserving refusal rights for non-compliance or suspected competitive use without detailed justification unless judicially mandated.

2.3.2. Role includes designating parking locations via detailed addresses or GPS (e.g., 24.7136° N, 46.6753° E) using mapping tools like Google Maps API, issuing temporary or permanent permits (e.g., daily, yearly) linked to license plates or QR codes, and tracking occupancy via real-time reports, with full responsibility for data accuracy and updates within 24 hours to avoid booking conflicts, and Company may use data for internal analytics without sharing unless part of the package, per data governance clauses below.

2.4. Services:

2.4.1. Encompass the integrated functional, technical, and operational scope provided via the Platform, including:

2.4.1.1. Pre-booking parking spaces using interactive maps (e.g., Google Maps API, OpenStreetMap) for location and time selection, with details like spot name, address, and Partner instructions displayed, confirmed via "Confirm Booking" button, with QR code or digital entry code generated using SHA-256 encryption for security, and Users must retain confirmation for disputes, with Company not liable for booking failures due to User technical issues like internet disconnection, per liability clauses below.

2.4.1.2. Electronic payment via approved gateways (e.g., Moyasar, HyperPay, Stripe) supporting bank cards (Visa, Mastercard, Mada) and digital wallets (STC Pay, Apple Pay, Google Pay), with data encrypted under PCI DSS for security, processed via secure provider-hosted interfaces, with Users receiving electronic receipts for audit, and Company not liable for payment failures due to User errors like insufficient funds, per payment clauses below.

2.4.1.3. License Plate Recognition (LPR) integrated with Partner smart gates, using high-resolution cameras (1080p+, low-light sensitivity, 120-degree view) and open-source libraries like OpenALPR or custom algorithms in Python/C++, storing encrypted plate data in Alibaba Cloud for entry/exit matching, with accuracy dependent on Partner hardware, and Company not liable for malfunctions due to Partner maintenance issues, per usage clauses below.

2.4.1.4. QR code usage for entry/exit, generating unique codes per booking/permit with SHA-256 encryption, sent via email or App, scanned by Partner devices, with periodic updates for security, and Company not liable for scan failures due to User device issues (e.g., screen damage) or Partner equipment, with Users retaining codes for disputes, per usage clauses below.

2.4.1.5. Occupancy and dynamic pricing analytics for Partners via Dashboard, generating detailed reports on occupancy rates (e.g., 85% at 10:00 AM), peak times (e.g., 8:00-10:00 AM), and usage patterns using machine learning models (e.g., TensorFlow, Python), stored encrypted in Alibaba Cloud, with manual or automatic pricing adjustments, exportable in PDF/Excel/CSV, and Company not liable for errors from Partner data inaccuracies, per data and liability clauses below.

2.4.1.6. Potential future services like monthly subscriptions for fixed spot bookings, loyalty programs awarding points per SAR spent (e.g., 1 point per SAR, redeemable for discounts or free hours after 50 points), carpooling for cost-sharing, or augmented reality for navigation, biometric payments (e.g., Face ID, fingerprint), at Company discretion without prior notice, with additional fees per packages, and Users/Partners must comply with new terms upon activation, per service scope clauses below.

2.5. Data:

2.5.1. Refers to any information provided by Users/Partners or collected automatically, including personal data (e.g., full name per ID, mobile registered with STC/Mobily/Zain, active email), parking data (e.g., total spaces, GPS coordinates like 24.7136° N, 46.6753° E, status like "available"), and usage data (e.g., booking times, license plates, IP addresses like 192.168.1.1, device types like iPhone 14 with iOS 17.3), collected with implicit consent via Platform use, stored encrypted in Alibaba Cloud using AES-256 and TLS, used for operations like booking processing, service improvement, and Partner analytics, with potential future government database integration for verification, per data protection clauses below.

2.6. Packages:

2.6.1. Refer to variable financial frameworks determining fees for Users and Partners, displayed in App/website/Dashboard or in agreements, including:

2.6.1.1. User packages for booking fees based on location (e.g., central Riyadh vs. suburbs), time (e.g., peak vs. off-peak hours), and duration (e.g., 1 hour vs. 1 day), with potential service fees as a percentage or fixed amount per Company policy, subject to change without notice unless contractually fixed, and Users must review fees pre-booking, per payment clauses below.

2.6.1.2. Partner packages like Basic, Advanced, Business, Enterprise, with monthly/annual fees based on space count (e.g., 500 SAR for 10 spots in Basic, 5000 SAR for 100 in Enterprise), features (e.g., advanced analytics, ERP integration), and commissions on bookings (e.g., 5% in Basic, 3% in Enterprise), adjustable per market conditions, operational costs, or Company strategy, non-refundable except by Company discretion, per payment clauses below.

3. Scope of Services

3.1. The Company provides multifaceted electronic services to enhance parking management and reservation in Saudi Arabia via a platform hosted on Alibaba Cloud locally, compliant with CITC regulations, including:

3.1.1. LPR technology integrated with Partner smart gates, using high-res cameras (1080p+, low-light, 120-degree view) and open-source/custom algorithms, storing encrypted plate data in Alibaba Cloud for entry/exit, with accuracy dependent on Partner hardware, and Company may update algorithms without notice, per usage clauses below.

3.1.2. Database systems for real-time occupancy tracking, using MongoDB for NoSQL and PostgreSQL for relational data, hosted on Alibaba Cloud, updated via real-time sync, with daily backups and disaster recovery plans, and Company not liable for update failures due to Partner device issues, per data and liability clauses below.

3.1.3. Dynamic pricing algorithms using linear regression or neural networks, developed with TensorFlow/PyTorch, hosted on Alibaba Cloud, adjusting prices every 15 minutes based on supply/demand, local events, or traffic updates, with manual adjustments possible per package, and Company may update without notice, per analytics clauses below.

3.2. For Users: Services include searching available spots via interactive maps, pre-booking with time/location details, electronic payment via secure gateways, real-time notifications via App/email/SMS, and extending/canceling bookings per policies, with Company not liable for search failures due to Partner data errors or notification issues due to User device settings, per usage and liability clauses below.

3.3. For Partners: Services include managing spaces via Dashboard (add/delete, categorize, instruct), issuing permits (temporary/permanent, linked to plates/QR), real-time occupancy reports, and smart gate integration via APIs, with Partner responsible for hardware maintenance, and Company not liable for integration failures due to Partner non-compliance, per usage and liability clauses below.

3.4. The Company retains full rights to modify services by adding features (e.g., loyalty programs, carpooling, augmented reality), removing features (e.g., discontinuing payment methods, old OS support), or suspending/terminating services for maintenance, commercial, technical, or legal reasons without prior notice, unless Saudi law mandates otherwise, with no liability for impacts, per service scope and liability clauses below.

3.5. The Company is not liable for delays or disruptions due to external causes beyond control, like internet outages by STC/Mobily/Zain, Partner device failures (e.g., LPR camera malfunctions due to lack of cleaning), or Alibaba Cloud server issues (e.g., HDD/SSD failures, DDoS attacks), with records stored for audit, and Users/Partners must accept these risks without compensation claims, per liability clauses below.

4. Registration and Eligibility

4.1. User Registration:

4.1.1. Users must be natural persons aged 18+, with full legal capacity per Saudi Civil Status Law, not barred by judicial or administrative orders (e.g., bankruptcy, cybercrime), and minors or legally incapacitated persons (e.g., under guardianship for mental incapacity) are prohibited, with guardians liable for unauthorized use, per termination clauses below.

4.1.2. Registration requires accurate data (full name per ID, mobile registered with STC/Mobily/Zain, active email, strong password ≥8 chars with mix of cases, numbers, symbols), verified via OTP sent to mobile/email within 5 minutes, with up to 3 resends at 60-second intervals, and Company not liable for verification failures due to User errors, per data and 

liability clauses below.

4.1.3. Verification via OTP is mandatory, generated using HMAC-SHA1, valid for 5 minutes, sent via SMS (encrypted with TLS) or email (via secure servers like Amazon SES with TLS), with resend option limited to 3 tries per session, and Company not liable for failures due to User network issues or device settings, with records stored encrypted in Alibaba Cloud for audit, per data clauses below.

4.2. Partner Registration:

4.2.1. Partners must be legally registered entities (e.g., LLC, single-person, sole proprietorship, government entity) in Saudi Arabia, with proof like Commercial Registration (e.g., 7036226160 - 1010937845) or operational license, subject to manual/automatic verification using OCR or potential future API links with government databases, and Company may request additional docs (e.g., incorporation contract, financial reports) at discretion, per eligibility clauses below.

4.2.2. Requires entity name, registration number, authorized person’s name/position with delegation proof if needed, mobile/email for contact, parking location/details (address/GPS, space count, classification), all verified within 7 days, with Company reserving refusal rights without justification unless judicially mandated, and data stored encrypted in Alibaba Cloud, per data clauses below.

4.2.3. Requests reviewed by Company with full refusal rights based on discretion, notified via email within 7 days, with records stored for audit, and no appeal or compensation claims allowed unless proven Company error by judicial order, per termination clauses below.

4.3. Company may refuse or cancel registrations without reason or notice at discretion, with records stored for audit in Alibaba Cloud, and no liability for impacts, per termination clauses below.

5. Fees and Payment

5.1. Users:

5.1.1. Pay booking fees per variable packages displayed pre-booking, non-refundable except by Company discretion in exceptional cases (e.g., Partner cancels without notice, Platform technical error), with refund requests via info@spotme.sa within 48 hours, processed in 7 days, and 

Company may deduct processing fees, per liability clauses below.

5.1.2. Payment via approved gateways (e.g., Moyasar, HyperPay, Stripe paytaps) only, with data encrypted under PCI DSS, no cash or direct bank transfers accepted, and Company not liable for failures due to User errors (e.g., insufficient funds, expired card), per payment clauses below.

5.1.3. Payments non-refundable except by Company decision in rare cases (e.g., Partner closure without notice, Platform error), with requests via info@spotme.sa within 48 hours, processed in 7 days, and Company may deduct fees, with records stored in Alibaba Cloud for audit, per data clauses below.

5.2. Partners:

5.2.1. Pay subscription fees per packages (e.g., Basic, Advanced, Business, Enterprise) based on spaces/features, non-refundable except by Company discretion in exceptional cases (e.g., service termination by Company), with requests via info@spotme.sa within 30 days, processed in 7 days, per payment clauses below.

5.2.2. Commission on bookings per package (e.g., 5% in Basic, 3% in Enterprise), deducted pre-transfer to Partner accounts, displayed in Dashboard reports, with disputes via info@spotme.sa within 14 days, processed in 7 days, and records stored in Alibaba Cloud, per data clauses below.

5.2.3. Payment due within 15 days of invoice, or services suspended immediately without notice, with potential late fees (e.g., 2% weekly), and Company may pursue legal action for recovery, with records stored for audit, per liability clauses below.

5.3. Packages modifiable with 30 days’ notice via email/Dashboard, with continued use implying acceptance, and Users/Partners must review updates at spotme.sa/terms, per amendment clauses below.

6. Usage and Restrictions

6.1. Users:

6.1.1. Usage limited to personal/limited professional purposes (e.g., daily commuting, shopping, events) without broad commercial activities like reselling or leasing, with breaches (e.g., selling spots for profit) subject to account suspension without notice, and Company may claim 

compensation for damages, per termination clauses below.

6.1.2. Account non-transferable without written Company consent via info@spotme.sa, with breaches (e.g., sharing passwords, unauthorized use) leading to suspension without notice, monitored via login logs and intrusion detection systems, with records stored encrypted in Alibaba Cloud, per data clauses below.

6.1.3. Prohibited from falsifying data (e.g., wrong name, plate number) during registration/booking, with breaches under Cybercrime Law subject to fines (up to 500,000 SAR) or imprisonment (up to 5 years), and Company may suspend accounts without notice, with evidence stored for audit, per termination clauses below.

6.2. Partners:

6.2.1. Must provide accurate, updated parking data (e.g., space count, status) within 24 hours, with breaches (e.g., incorrect counts) causing liability for booking conflicts, and Company may claim compensation, with data stored in Alibaba Cloud for audit, per data clauses below.

6.2.2. Prohibited from competitive use (e.g., developing rival platforms, sharing data with competitors) without consent, with breaches subject to suspension without notice, monitored via access logs and intrusion detection, and Company may claim damages, with records stored for audit, per termination clauses below.

6.2.3. Must maintain devices (e.g., LPR cameras, QR readers) per specs, with failures (e.g., dirty lenses, internet outage) causing liability, and Company not liable for service disruptions, with notification via info@spotme.sa within 24 hours required, per usage clauses below.

6.3. Company monitors usage via login logs (e.g., access times, IPs) and intrusion detection systems, stored encrypted in Alibaba Cloud, without notification obligation, with proven violations (e.g., hacking attempts) subject to immediate suspension and potential legal action, per termination clauses below.

7. Intellectual Property

7.1. All Platform IP rights (e.g., software, designs, “SpotMe” trademark) owned exclusively by Company, registered with SAIP, with unauthorized use (e.g., copying, modifying) subject to liability under Copyright Law, and Company may claim compensation, per legal clauses below.

7.2. Users/Partners granted limited, non-exclusive license for use per Terms, revoked upon breach or termination, with no ownership or modification rights, per usage clauses below.

7.3. Copying, modifying, or distributing content without written consent via info@spotme.sa prohibited, with breaches subject to legal action, and records stored for audit in Alibaba Cloud, per termination clauses below.

8. Data Management

8.1. Data collected per Clause 2.5 (e.g., name, mobile, parking details, usage logs) with implicit consent via Platform use, stored encrypted in Alibaba Cloud using AES-256/TLS, used for operations like bookings, service improvement, and Partner analytics, with verification rights and no liability for party negligence, per liability clauses below.

8.2. Data used for service enhancement (e.g., personalized recommendations, market analysis) without additional consent unless required by law, processed via machine learning tools, not shared with third parties except with consent or judicial order, per data protection clauses below.

8.3. Data protected with AES-256 encryption, TLS 1.3 transmission, potential ISO 27001 compliance, stored in Alibaba Cloud locally, with cross-border transfers only for disaster recovery per Personal Data Protection Law, and breaches reported to SDAIA within 72 hours, with Users/Partners cooperating if needed, per liability clauses below.

9. Legal Liability

9.1. Platform provided “as is” without warranties, Company not liable for damages (e.g., financial loss, operational delays, emotional stress) from usage or disruptions per Clause 3.5, with liability capped at 12 months’ fees, excluding indirect damages, per liability clauses below.

9.2. Users liable for breaches (e.g., falsified data, unauthorized use) causing damages, with Company claiming compensation, and evidence stored in Alibaba Cloud, per termination clauses below.

9.3. Partners liable for data accuracy, device maintenance, and competitive use breaches causing damages, with Company claiming compensation, and evidence stored in Alibaba Cloud, per termination clauses below.

10. Termination of Services

10.1. Users may terminate via written request to info@spotme.sa, with non-refundable prepaid fees except by Company discretion per Clause 5.1, processed in 7 days, data deleted in 30 days per Law, with usage records retained for legal purposes if ordered, per data clauses below.

10.2. Partners may terminate with 30 days’ notice via info@spotme.sa, with non-refundable fees except by Company discretion per Clause 5.2, processed in 7 days, data deleted in 30 days unless dispute/judicial order, per data clauses below.
10.3. Company may terminate immediately without notice for breaches (e.g., falsified data, non-payment, device neglect), with records stored for audit in Alibaba Cloud, no liability for damages, and outstanding amounts due prior to final termination, per liability clauses below.

11. Communication

11.1. All communication via info@spotme.sa or +966 533227767, with written requests/complaints processed within 7 business days at Company discretion, records stored for audit in Alibaba Cloud, and parties must update contact details within 7 days, per data clauses below.

12. Amendment of Terms

12.1. Company may amend Terms with 30 days’ notice via email/Platform, with continued use implying consent, and updated version at spotme.sa/terms, with Users/Partners required to review, per communication clauses below.

13. Governing Law

13.1. Governed by Saudi law, with exclusive jurisdiction in Riyadh Commercial Courts per Commercial Courts Law, unless arbitration agreed under Saudi Arbitration Law, and parties must comply without objection, per legal clauses below.

14. General Provisions

14.1. If any clause is illegal or unenforceable, remainder remains effective, with Terms constituting entire agreement, superseding prior agreements, and electronic copies retained in Alibaba Cloud for documentation, per data clauses below.

Language Precedence: These Terms and Conditions are provided in both Arabic and English. In the event of any discrepancy between the Arabic and English versions, the Arabic version shall prevail, in accordance with Saudi legal standards recognizing Arabic as the official language for contracts and transactions.