1. Introduction

Welcome to HiBayt. These Terms of Service (the "Terms") govern your access to and use of the HiBayt platform, including the Management Panel, Residents App, and Management App (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

HiBayt is a product registered in Iraq, with its principal office located in Baghdad, Iraq. These Terms constitute a legally binding agreement between you and HiBayt. If you do not agree with any part of these Terms, you should not access or use the Service.

2. Service Description

HiBayt is a Software-as-a-Service (SaaS) platform designed for residential community management. The platform provides tools for community managers, residents, and field staff to streamline operations, communication, and daily services within residential communities.

• Management Panel: A web-based administrative platform used by community management companies, sales agencies, or real estate developers to manage residential communities, residents, staff, and services.

• Residents App: A mobile application that allows community residents to access services, submit requests, communicate with management, and stay informed about their community.

• Management App: A mobile application used by field staff and operational teams to manage tasks, track attendance, and coordinate on-the-ground operations.

3. User Types and Access

HiBayt serves three types of users, each with different levels of access and responsibilities:

3.1. Subscribing Organizations

Community management companies, sales agencies, and real estate developers (the "Subscribing Organization") enter into a subscription agreement with HiBayt to access the platform. The Subscribing Organization is responsible for managing its community data, users, and settings through the Management Panel.

3.2. Residents

Residents gain access to the Residents App through their community management. Accounts may be created by the Subscribing Organization or through an invitation sent via phone number by another resident. Residents do not need to register independently and are not charged any fees by HiBayt for using the Service.

3.3. Staff Users

Field staff and operational team members are granted access to the Management App by their Subscribing Organization. Staff accounts are managed entirely by the community management, and staff users are not charged any fees by HiBayt.

4. Account Responsibilities

When you use HiBayt, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify your community management immediately if you become aware of any unauthorized use of your account.

Subscribing Organizations are responsible for ensuring that all users they add to the platform — including residents and staff — are legitimate members of their community. HiBayt is not responsible for verifying the identity of individual users added by the Subscribing Organization.

5. Acceptable Use

You agree to use HiBayt only for lawful purposes and in accordance with these Terms. When using the Service, you must not:

• Use the Service to harass, threaten, or harm other users, including submitting false complaints or abusive content through tickets, comments, or posts.

• Upload or share any content that is unlawful, defamatory, obscene, or infringes on the rights of others.

• Attempt to gain unauthorized access to the platform, other user accounts, or any systems connected to HiBayt.

• Use the Service in any way that could damage, disable, or impair the platform or interfere with other users' access.

• Reverse-engineer, decompile, or disassemble any part of the Service, or attempt to extract source code from the platform.

6. User-Generated Content

Residents and staff may submit content through the platform, including tickets, comments, posts, and photos (collectively, "User Content"). All User Content is directed to and managed by the Subscribing Organization responsible for the residential community.

HiBayt does not claim ownership of any User Content. You retain all rights to the content you submit. However, by using the Service, you grant the Subscribing Organization the right to view, manage, and respond to your User Content as part of their community management operations.

HiBayt does not actively monitor or access User Content. The Subscribing Organization is solely responsible for managing and moderating content within their community.

7. Subscription and Fees

HiBayt is provided to Subscribing Organizations on a paid subscription basis. The specific terms of each subscription — including pricing, billing cycles, and payment terms — are outlined in a separate agreement between HiBayt and the Subscribing Organization.

Residents and staff users are not required to pay any fees to HiBayt for accessing or using the Residents App or the Management App. These applications are provided free of charge as part of the Subscribing Organization's subscription.

8. Intellectual Property

The HiBayt platform, including its design, features, code, trademarks, logos, and all related content, is the exclusive property of HiBayt. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you use HiBayt's branding or trademarks without prior written consent.

9. Availability and Disclaimer

HiBayt strives to keep the Service available and running smoothly at all times. However, we do not guarantee that the Service will be uninterrupted, error-free, or available at all times. Scheduled maintenance, updates, or unforeseen technical issues may occasionally affect availability.

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, HiBayt disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by applicable law, HiBayt shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. This includes, but is not limited to, loss of data, loss of profits, or interruption of service.

HiBayt is not responsible for any actions, decisions, or outcomes resulting from the use of the platform by Subscribing Organizations, residents, or staff. The Subscribing Organization remains solely responsible for the management of its community and the use of data within the platform.

11. Termination

HiBayt reserves the right to suspend or terminate access to the Service for any user who violates these Terms or engages in conduct that we reasonably believe is harmful to the platform, its users, or third parties.

Subscribing Organizations may terminate their subscription in accordance with the terms of their separate agreement with HiBayt. Upon termination, access to the platform for all associated residents and staff will be revoked.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Iraq. Any disputes arising from or related to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts located in Baghdad, Iraq.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, the platform, or applicable laws. When we make changes, we will update the effective date at the top of this page. We encourage you to review these Terms periodically.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, you should stop using the Service.

14. Contact Us

If you have any questions or concerns about these Terms of Service, please feel free to contact us at support@hibayt.com