Agreement Date: February 18, 2024

Welcome to the Malek Application. This agreement aims to outline the terms and conditions that users must adhere to when utilizing the services of the Malek app. Please read these terms and conditions carefully before using the application. By using the app, you agree to these terms and commit to abide by them. If you do not agree to these terms, please refrain from using the Malek app.

Definition of Terms:

1. Malek App or the App: Refers to the website of the Malek application “maalek.net”, the Malek application on iOS, and the Malek application on Android.
2. Malek App Company: The Malek Application Company for Real Estate Services, a registered company in the Kingdom of Saudi Arabia, which owns the Malek application and is responsible for its management and operation.
3. User: The real or legal person who accesses or uses the Malek App to benefit from the services provided through the application, whether registered or as a visitor without registration. They are collectively referred to as "Users" in this agreement.
4. Beneficiary: The real or legal person who accesses or uses the Malek App to benefit from the services provided through the application, whether registered or as a visitor without registration. They are collectively referred to as "Beneficiaries" in this agreement.
5. Real Estate Product: Refers to the real estate or properties offered for sale or rent as independent units. The real estate product includes a wide range of properties such as residential apartments, villas, houses, commercial offices, retail stores, industrial buildings, vacant land, and others.
6. Agreement Date: The date on which this set of terms and conditions comes into effect.
7. Advertiser: The person who requests the publication of a real estate advertisement, whether for themselves or for others, through the application. They are collectively referred to as "Advertisers" in this agreement.

First: Account and Personal Information Terms

1. To access certain services and benefits provided through the application, you may be required to create a personal account. You must provide accurate and truthful information when creating the account and commit to updating it in case of any changes. You undertake not to impersonate your identity or use false information.
2. You must maintain the confidentiality of your account information and refrain from sharing it with others. You are responsible for all activities that occur using your account.
3. The company has the right to suspend or cancel your account in the event of your violation of any of these terms or for other reasons deemed appropriate by the company.

Second: Privacy

We respect your privacy and are committed to protecting the personal information you provide on the application. Please refer to our Privacy Policy to understand how we collect, use, and protect personal information.

Third: Intellectual Property

1. All intellectual property rights and copyrights related to the Malek App belong to the Malek App Company.
2. Users are not allowed to reproduce, distribute, transmit, modify, or create derivative works from any part of the application or its content without obtaining prior written permission from the Malek App Company.

Fourth: App Usage

1. You are responsible for using the application in a lawful manner and in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia.
2. You must not use the application in illegal or unauthorized ways, or for unlawful purposes, or that infringe upon the intellectual property rights of others, or that cause harm to the application or other users.
3. You should refrain from engaging in any technical activities aimed at disabling, disrupting, or manipulating the functioning of the application in any form.

Fifth: Real Estate Advertising and Content

1. You are fully responsible for the content you publish or share on the application.
2. Your content must be lawful and should not infringe upon the intellectual property rights of others or contain false or misleading information.
3. The content posted in advertisements should be relevant to the process of buying, selling, or renting real estate. Publishing any illegal, abusive, misleading, discriminatory, unethical, or rights-violating content is prohibited.
4. Advertisers must provide accurate and reliable information in their real estate advertisements and avoid publishing false or misleading information about the property or the advertiser.
5. Explicitly disclosing personal information about other individuals without their explicit consent is prohibited.
6. The attached images in the advertisement should be genuine and reflect the actual condition of the property. The use of deceptive or misleading fake images is prohibited. Clear and high-quality images should be provided to help users accurately assess the property.
7. The advertiser bears full responsibility for the content, accuracy, and reliability of the advertisement. The Malek App Company does not assume any responsibility for any loss or damage arising from advertisements posted on the application.
8. The Malek App Company aims to provide information on the Malek App with the highest possible accuracy, quality, and reliability. However, occasional errors may occur, and the Malek App Company does not assume any responsibility for any loss or damage resulting from your use of the application or reliance on any information available on it, and it does not provide any express or implied warranties regarding the application.
9. Malek App Company has the right to remove or modify any content you promote on the application if it is deemed inappropriate or if a report is received and verified by the Malek App Company regarding your advertisement.

Sixth: Commission and Payments

1. The Malek App does not impose any fees for publishing real estate advertisements on the application.
2. In the event of a completed sale or lease transaction of a property through the Malek App, the application imposes a commission based on the transaction value. The commission percentage is determined based on the type of advertisement and the advertiser's relationship to the real estate advertisement, as follows:

a. Advertiser's relationship to the real estate advertisement: Property owner or owner's agent

i. Advertisement type: Property sale

i.    Commission: 1% of the total transaction value.

ii. Advertisement type: Property lease

ii.    Commission: 1.5% of the total transaction value.

b. Advertiser's relationship to the real estate advertisement: Advertiser or real estate agency

i. Advertisement type: Property sale

i.    Commission: 6% of the advertiser's or real estate agency's commission (advertiser's or real estate agency's commission is 2.5% of the total property value).

iii. Advertisement type: Property lease

ii.    Commission: 10% of the advertiser's or real estate agency's commission (advertiser's or real estate agency's commission is 2.5% of the total annual rental value of the property).

3. The advertiser undertakes to provide accurate and truthful information about their relationship to the real estate advertisements they publish on the application.

4. When unpublishing an advertisement, the advertiser commits to transparency and fairness by providing accurate and truthful information about the reason for unpublishing the advertisement and whether the transaction took place through or outside the application.

5. You acknowledge and agree to pay the commission specified by the Malek App Company, based on the type of relationship between you and the published real estate advertisement, and to provide proof of payment to the Malek App Company.

Seventh: Compensation

You agree to indemnify the Malek App Company, its officers, employees, and agents for any losses, damages, claims, or expenses (including attorney's fees) arising from your engagement in unethical or illegal activities on the application or your violation of these terms.

Eighth: Disputes

1. In the event of any dispute, the parties shall attempt to resolve it amicably through negotiation. If a settlement is not reached within a reasonable period, the dispute shall be referred to arbitration upon the request of either party.
2. The arbitration proceedings, procedures, costs, and location shall be determined in accordance with the prevailing arbitration rules in the Kingdom of Saudi Arabia. Both parties agree to participate in the arbitration proceedings in good faith and abide by the final decision issued by the arbitration panel.
3. The parties agree that the decision of the arbitration panel shall be final and binding on both parties, and no arbitration or decision shall be submitted to the court for review or appeal, unless there is a clear breach of the arbitration rules.
4. This provision does not apply to any dispute relating to the infringement of intellectual property rights of the Malek App Company, breach of security, fraud, or unlawful use of the application. The Malek App Company reserves the right to take legal action to protect its rights in such cases.

Ninth: Amendments and Termination

1. The Malek App Company reserves the right to modify any provision of these terms and conditions at any time without prior notice. Any new amendments will be published on the application and will become effective immediately upon publication. It is your responsibility to regularly review these terms for any possible updates. Your continued use of the application after any modification of the terms constitutes explicit acceptance of the changes.
2. The Malek App Company may terminate the application services at any time without prior notice.
3. If any provision of this agreement is found to be unlawful, invalid, or unenforceable under any legal system or court decision, the remaining provisions and other terms in this agreement shall remain valid, legal, and enforceable in accordance with the laws.

Tenth: Third-Party Rights

The application may contain links or content belonging to third parties. The Malek App Company is not responsible for any of these links or content, and they should not be considered as an endorsement or confirmation of any content by the Malek App Company. You are solely responsible for your use of any of these links or content.

Eleventh: Original Language

In the event of any conflict or discrepancy between the translation in any language and the Arabic language in any provision of the terms and conditions agreement, the Arabic language shall prevail as the legal and binding text. This is intended to ensure accuracy and consistency in communication and proper understanding of the provisions and terms for all parties involved.

Twelfth: Applicable Law

These terms and conditions are subject to the laws and regulations in force in the Kingdom of Saudi Arabia.

Thirteenth: Contact

If you have any questions or inquiries regarding these terms or the application, please contact our customer support team.

We hope you enjoy your experience using the Malek App and that you adhere to these terms and conditions agreement.

Thank you for your trust in us.