Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Customer") and Commercely Technology Co. ("Commercely", "we", "us"), a company incorporated under the laws of the Kingdom of Saudi Arabia.

By registering for an account, accessing the platform, or clicking "I agree", you confirm that you have read, understood, and agree to these Terms in full. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

Definitions

The following definitions apply throughout these Terms:

• "Platform" means the Commercely software, web application, mobile application, APIs, and all related services provided by Commercely.
• "Subscription" means a paid or trial access plan to the Platform, as described on our Pricing page.
• "Customer Data" means all data, information, and content submitted, uploaded, or generated by you while using the Platform, including business records, invoices, inventory, and employee information.
• "Authorised User" means any employee, contractor, or agent of yours who you permit to access the Platform under your subscription.
• "Module" means an optional add-on feature of the Platform (e.g., POS, Warehouse, HR & Payroll) that may be purchased separately.
• "ZATCA" means the Zakat, Tax and Customs Authority of the Kingdom of Saudi Arabia.
• "GCC" means the Gulf Cooperation Council, comprising Saudi Arabia, UAE, Kuwait, Qatar, Bahrain, and Oman.

Account Registration

To use the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration, including your commercial registration number and VAT number if applicable.
• Maintain and promptly update your account information to keep it accurate and current.
• Keep your login credentials confidential and not share them with any unauthorised person.
• Notify Commercely immediately at support@commercely.sa if you suspect any unauthorised access to your account.
• Accept full responsibility for all activities that occur under your account, whether or not authorised by you.

Commercely reserves the right to suspend or terminate any account where we reasonably believe the registration information is false, misleading, or in violation of these Terms.

Subscription & Billing

Commercely offers several subscription plans. Fees, features, and included usage limits are published on our Pricing page and may be updated from time to time with prior notice.

• Payment: All fees are billed in Saudi Riyals (SAR) and are due in advance on the first day of each billing cycle (monthly or annual).
• VAT: All prices are exclusive of VAT at 15% as required by Saudi law. VAT is charged at checkout and shown on all ZATCA-compliant invoices.
• Auto-renewal: Subscriptions renew automatically unless cancelled at least 7 days before the end of the billing period.
• Refunds: Monthly subscriptions are non-refundable after the billing date. Annual subscriptions may be refunded on a pro-rata basis within 14 days of payment if you have not materially used the service.
• Price changes: Commercely will give at least 30 days' written notice before any pricing change takes effect for existing subscribers.
• Late payment: Accounts with outstanding balances may be suspended after 7 days. Data is retained for 30 days after suspension before permanent deletion.

Acceptable Use

You agree to use the Platform only for lawful business purposes and in accordance with these Terms. You must not:

• Use the Platform in any way that violates applicable Saudi Arabian, GCC, or international law or regulation.
• Process, store, or transmit data belonging to third parties without their valid legal authorisation.
• Attempt to gain unauthorised access to any part of the Platform, its servers, or associated systems.
• Interfere with or disrupt the integrity or performance of the Platform or data contained therein.
• Reverse-engineer, decompile, or disassemble the Platform or attempt to derive its source code.
• Use automated tools to scrape, crawl, or extract data from the Platform without prior written consent.
• Resell, sublicense, or make the Platform available to any third party without a separate written agreement with Commercely.
• Upload or transmit malicious code, viruses, or any other harmful material.
• Use the Platform to facilitate money laundering, tax evasion, or any other financial crime.
• Impersonate Commercely, its employees, or any other person in communications or on the Platform.

Intellectual Property

The Platform, including all software, designs, algorithms, content, trademarks, and documentation, is owned exclusively by Commercely Technology Co. and protected under Saudi intellectual property law and applicable international conventions.

• Licence grant: Commercely grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes during your active subscription period.
• No ownership transfer: Nothing in these Terms transfers ownership of any intellectual property rights to you.
• Feedback: Any suggestions, ideas, or feedback you provide to Commercely may be used freely by Commercely without any obligation to you.
• Your branding: You retain ownership of your business name, logo, and any trademarks uploaded to the Platform. By uploading them, you grant Commercely a limited licence to display them solely to operate the Platform on your behalf.

Your Data & Content

You retain full ownership of all Customer Data you submit to the Platform. Commercely does not claim any ownership rights over your business data, financial records, or customer information.

By submitting Customer Data, you grant Commercely a limited licence to host, store, process, and display that data solely to operate the Platform on your behalf. This licence ends when you delete the data or terminate your account.

You are solely responsible for ensuring that all Customer Data you submit complies with applicable law — including Saudi e-commerce regulations, ZATCA invoicing requirements, and personal data protection obligations under the PDPL.

Third-Party Integrations

The Platform integrates with third-party services including but not limited to ZATCA, GOSI, Salla, Zid, Mada, Tabby, Tamara, MyFatoorah, and Stripe. Your use of these integrations is subject to the respective third party's terms and conditions.

• Commercely is not responsible for the availability, accuracy, or conduct of any third-party service.
• Connecting a third-party service constitutes your authorisation for Commercely to exchange the minimum necessary data with that service on your behalf.
• You are responsible for maintaining valid accounts and compliance with the terms of any connected third-party service.
• Commercely may remove or change available integrations with reasonable notice. We will not be liable for any disruption caused by a third party discontinuing their service.

Warranties & Liability

Warranties: Commercely warrants that:

• The Platform will function materially as described in the documentation during your subscription period.
• We will use industry-standard security measures to protect your data.
• We will provide at least 99.5% monthly uptime (excluding scheduled maintenance and circumstances beyond our reasonable control).

Disclaimers: Except as expressly stated above, the Platform is provided "as is". Commercely makes no warranties that the Platform will meet all of your specific business requirements or that it will be error-free at all times.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable Saudi law.

Termination

Either party may terminate the subscription as follows:

• By you: Cancel at any time from your account Settings. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for monthly plans.
• By Commercely for convenience: We may terminate your subscription with 30 days' written notice and a pro-rata refund of any prepaid fees.
• By Commercely for cause: We may suspend or terminate your account immediately without notice if you materially breach these Terms, fail to pay fees, engage in illegal activity, or misuse the Platform.

Upon termination for any reason, your right to access the Platform ceases immediately. You may request a data export within 30 days of termination. After 30 days, your Customer Data will be permanently deleted from our systems, except where retention is required by Saudi law (e.g., ZATCA invoicing records retained for 6 years).

Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without regard to conflict of law principles.

• Informal resolution: Before initiating formal proceedings, both parties agree to attempt in good faith to resolve any dispute by direct negotiation for at least 30 days.
• Jurisdiction: Any disputes not resolved informally shall be submitted to the exclusive jurisdiction of the competent courts of Riyadh, Saudi Arabia.
• Arabic language: These Terms are provided in English. In the event of any conflict between the English version and any Arabic translation, the Arabic version shall prevail for disputes arising under Saudi law.

Changes to Terms

Commercely may update these Terms from time to time to reflect changes in the law, our services, or our business practices. When we make material changes we will:

• Send an email notification to your registered email address at least 14 days before the changes take effect.
• Display a prominent banner inside the Commercely dashboard during the notice period.
• Post the updated Terms on this page with a revised "Last updated" date.

If you do not agree to the updated Terms, you may cancel your subscription before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

Contact Us

For questions about these Terms, billing disputes, or legal notices, contact us at:

• Email: legal@commercely.sa
• Post: Commercely Technology Co., King Fahd Road, Riyadh 12271, Kingdom of Saudi Arabia
• Response time: Within 10 business days for legal enquiries

For general support, visit our Help Center or email support@commercely.sa.