Terms of use | API Developer Portal

This Website is Bank Albilad’s (BAB) Developer Portal (“Portal”) which provides information and documentations on Application Programming Interfaces (API)s that allow developers to access data and services that are operated by BAB and/or its Subsidiaries.

(1) Definitions:

Unless otherwise defined within the context, the following expressions shall have the respective meanings:

1-1 API(s) means BAB-owned application programming interfaces and related software.

1-2 App(s) means the software application, website or other interface that you develop that interacts with APIs.

1-3 Applicable Law means, for all countries, all applicable (a) laws (including common law) and regulations, and (b) orders, guidance (oral or written) or other official releases of any regulator or court that are applicable to us or you, the Developer Portal, Apps, or any other matters relating to the subject matter of these Terms.

1-4 Device means any mobile device, computer or other device you use to access the Developer Portal.

1-5 Intellectual Property (IP) Rights mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing throughout the universe (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, design rights, and other industrial property rights, (e) all registrations in the foregoing as applicable (including continuations, continuations-in-part, and divisions thereof), renewals, extensions, reissues and re-examinations thereof now or hereafter in force (including all rights in any of the foregoing), and (f) all other intellectual and industrial property rights (of every kind and nature and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise.

1-6 Islamic Sharia means the principles of Islamic Sharia as interpreted by Bank AlBilad Sharia Board

1-7 Profile means your user profile for the Developer Portal and includes your Sign-In Credentials.

1-8 BAB means Bank Albilad and its subsidiaries.

1-9 Sign-In Credentials means a username and password, or other Log-In Information used to access the Developer Portal.

1-10 Third Party means any party other than you, us or a party when acting as a Third-Party Service Provider. It includes our subsidiaries and affiliates and parties who provide Third Party Services.

1-11 Third Party Content means content, information and IP Rights contained in the Developer Portal provided by any Third-Party Service Provider.

1-12 Third Party Services means any products or services provided by a Third Party that can be used or accessed on or through the Developer Portal

1-13 Third Party Service Provider means a party retained by us to act on our behalf to provide, or to assist us in providing, the Developer Portal.

(2) Accepting the Terms and Conditions

2.1 These Terms are legally binding. Please read carefully before you chose to accept and keep a copy of these terms and conditions (“Terms”) which shall govern your use of the portal, including any APIs, tools, content, or IP Rights available in the portal. Please read these Terms carefully, as they are a legal agreement between you (“you”, “your”) and Bank AlBilad a Company having the CR No. (1010208295) and dully registered under the laws of Kingdom of Saudi Arabia (“BAB,” “we,” or “us”).

For any capitalized terms not otherwise defined, please see article “1” (Definitions) of these Terms.

2.2. By checking the box indicating your acceptance, you confirm that:

(A) the age of majority in accordance with the Applicable Laws

(B) you are Saudi natural person or a natural person properly representing Saudi corporate entity dully registered in the Kingdom of Saudi Arabia

(D) you agree to be bound by these Terms.

2.3 These Terms take effect when you check the green box indicating Agree on-screen. If you are accepting on behalf of someone else, including a corporate entity, you confirm that (1) you have the authority to legally bind that person or entity to these Terms, and (2) you acknowledge that both you and the other person or entity will be bound by these Terms.

2.4 If you do not accept these Terms, you should not use or access the Developer Portal. Please close your browser to end your session.

2.5 You can find a copy of these Terms at any time at Terms and Conditions, where you will be able to print a copy for your records.

2.6 These Terms do not replace any other agreement you may have with BAB (now or in the future), including any consent or preference regarding the collection, use and disclosure of your personal information. The terms of your other agreements with us continue to apply.

(3) Setting Up A Profile

In order to access the Developer Portal, you will have to set up and register a Profile and create Account with us. The first step will be to provide us with certain information, and to choose your Sign-In Credentials to the Account. Then, we will send you a confirmation email to the email address that you provided which will contain a verification link. You must click on the verification link to complete your Account registration.

(4) Updates to the Terms

BAB reserves the right to modify these Terms at any time and may provide notice to your registered email address. No other modification to these Terms will be binding unless in writing and signed by an authorized representative of BAB. If you do not agree to the modified Terms, you must stop using the Portal, the tools provided by and through the Portal, and the APIs. Your continued use of the Portal and the APIs following any modification to these Terms will constitute acceptance of the modified Terms.

(5) Using the Developer Portal

After registering and verifying your email, we will allow you access to the Developer Portal at our discretion. You must use your Sign-In Credentials each time you want to access the Developer Portal. The Developer Portal has a “sandbox” (test) environment for you to develop and test Apps. Through the Developer Portal, you will be able to test certain APIs, and applicable documentation for the purpose of developing and testing Apps.

In order to access our APIs, you will be issued a unique Access Code (“Access Code”). The Access Code identifies your Apps and permits them to make calls to our APIs. You are responsible for any actions, including all API calls, made in relation to your Access Code. Any data accessed through the Developer Portal, including through APIs, is dummy data unless otherwise expressly indicated.

At our discretion, and at any time, we may add, remove or update our APIs, and we may limit the number of API calls we permit your Apps to make. We may also revoke your Access Code at any point, for any reason, including a violation of these Terms.

This agreement only covers the initial development of Apps within the Developer Portal, which is a test environment. You will only be granted access to our production environment if (1) your App(s) meets certain standards and specifications, as determined by us, and (2) you and BAB have entered into a separate agreement for the use of your App(s) in our production environment.

There are currently no fees for using the Developer Portal. We may decide to introduce fees in the future, at which point we will notify you in accordance with these Terms. All amounts are expressed in Saudi Riyals.

(6) Your Representations to us and the Prohibitions

You are responsible for all activity that occurs under your Account or Access Codes. We may monitor your use of the Portal and the APIs. You are not allowed to use the Portal and/or the APIs for any illegal or harmful activity, or to infringe the rights of BAB, its Subsidiaries, its customers, or any third party, your representation shall include but not limited to the following:

A-Any information you provide to us in connection with your Profile registration and use of the Developer Portal and Apps is true and correct.

B- You own or have properly licensed all rights to any content necessary to develop, distribute, and use your Apps, or any other content or IP Rights you use in relation to the Developer Portal.

C- Your Apps will not infringe the IP Rights of any third party.

D- You will not interfere with the operation of the Portal and/or the APIs or use the Portal and/or the APIs to gain unauthorized access to any computer system.

E- You will not transmit and/or introduce any viruses, worms, defects, malware, trojans, other malicious, disruptive code or any programing of a destructive nature.

F- You will not impersonate any person or entity, provide false information required for obtaining an Account, using the Portal, or use any Access Codes not provided to you by BAB.

G- You will not reverse engineer, decompile, or otherwise attempt to derive source code of the software that powers the Portal or provided by and through the Portal.

H- You will not create or use any script or automated tool that attempts to create multiple Access Codes or share, lease, transfer, or sublicense any Access Codes.

I- You will not gain unauthorized access or use to, or otherwise damage, impede, or disrupt our services or systems, including through fraudulent or disruptive means.

J- You will not engage in fraudulent or illegal conduct of any kind.

K- You will not access or use the Developer Portal for the benefit of our competitors, or to compete with us.

L- You will not store or archive the Developer Portal, or any part thereof, to your own or a third party’s computer systems or storage devices.

M- You will not access or use the Developer Portal to create Apps that offer or promote services violating the Islamic Sharia or that may be damaging to, disparaging of, or otherwise detrimental to us or our Subsidiaries and partners.

N- You will not assign or transfer your rights or obligations under these Terms.

O- You will not distribute, publish, or allow access or linking to the Developer Portal from any location or source other than your Apps.

P- You will not Modify, decompile, reverse engineer or otherwise alter the Developer Portal.

Q- You will not use robots, spiders, crawlers, scraping or other similar technology to access or use any BAB and its Subsidiaries websites or services to obtain any information beyond that which BAB provides to you under these Terms

R- You will not use the Developer Portal in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage or otherwise fails to comply or is inconsistent with any part of the Developer Portal documentation

S- You will not use any information we provide to dispute or contest the validity of BAB’s IP Rights.

T- You will not use the names, trade names, trademarks, service marks, slogans, logos, domain names, or other indicia of BAB in any way

U- You will not remove any copyright notice or other BAB source identifier contained in the Developer Portal.

V-You agree to indemnify and hold us harmless from and against all damages, losses, and expenses (including reasonable legal fees and costs) relating to any claim against us related to your service, actions, content, or information

W- Your use of the Developer Portal will strictly comply with these Terms and all Applicable Law.

(7) License Granted to you

7-1 BAB grants you a non-transferable, non-exclusive, non-sub-licensable (except to any extent specified in this section) license for the Developer Portal subject to these Terms.

7-2 Except as permitted by these Terms, you shall not distribute, sublease, transfer, copy, reproduce, download, display, modify or timeshare the Developer Portal, or any portion thereof, and you shall not use it as a component of products or services prepared for commercial sale, sublicense, lease, access or distribution. BAB reserves all rights in the Developer Portal not expressly granted to you under these Terms. You agree to protect the Developer Portal from unauthorized access, copying or use.

7-3 BAB retains the right to terminate the license given under these Terms at any time, without notice to you. Any license granted by these Terms will automatically terminate if you violate these Terms.

7-4 These Terms relate solely to developing, testing, and using Apps in the Developer Portal, which is a “sandbox” environment, and they do not grant You any right or license to conduct or process transactions using our services or systems, or authorize individuals outside of your legal entity to access or use the Developer Portal, and without limiting the foregoing you agree to the following:

A- You may use the APIs, and services and tools provided by the Portal only in accordance with these Terms and as permitted by law.

B- Until your request for production access is granted, this license is solely for noncommercial, nonproduction purposes.

C-You may not charge a fee or otherwise derive any revenue from apps in development mode.

D- You may not assign, transfer, or sublicense any rights to use the Portal and/or the APIs granted to you by BAB to any third party, whether in whole or in part.

E- Using the Portal and/or the APIs does not give you ownership of any IP rights in the APIs and/or the Portal or the content you access.

F- Your access to the APIs may be interrupted or discontinued. BAB cannot guarantee availability unless otherwise stated in a commercial agreement to be signed between BAB and you.

G- Your violation of these Terms may also result in your access being interrupted or discontinued.

(8) APP OWNERSHIP AND DEVELOPMENT RIGHTS

8-1 You retain ownership of IP Rights in your Apps. You grant BAB and its Subsidiaries a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to reproduce, use, sublicense, and distribute your Apps, both internally and externally, and to create new applications and IP rights, which are based on, or derivative of, your Apps.

8-2 You acknowledge and agree that we may independently create apps, content, and other products or services that may be similar to or competitive with your Apps and their content. Nothing in these Terms will restrict or prevent us from creating and fully exploiting such apps, content, and other items, without any obligation to you.

8-3 If you are BAB employee these Terms do not alter any agreement or terms you have with BAB, now or in the future, concerning your employment or ownership of IP. In addition, all of our policies and procedures, including BAB Code of Conduct, apply to your use of the Developer Portal

(9) OUR IP RIGHTS

9-1 All right, title and interest (including, without limitation, all IP Rights) in and to the Developer Portal (including any documentation for the Developer Portal) and any modification, improvements, derivative works or updates or upgrades shall remain exclusively with BAB.

9-2 If you provide us feedback or suggestions regarding the Developer Portal, which may include suggestions for, or feedback concerning, improvements, modifications, corrections, enhancements, derivatives or extensions, as well as branding ideas (“Feedback”). It is agreed that any Feedback shall be solely owned by BAB, without any obligation to compensate you. BAB may develop technology, modifications, corrections, enhancements, derivatives or extensions (“Improvements”), and further may also develop branding elements, based on such Feedback, and such Improvements and branding elements, and any IP Rights therein, particularly any IP registrations, shall be owned exclusively by BAB. You agree to sign such further documents as may be required reasonably to confirm such ownership by BAB.

9-3 You may not use any BAB trademark unless otherwise approved by us in writing. Moreover, you shall not take any steps, and shall not assist or provide consent to any third party to take steps, to dispute or contest the ownership, validity, or enforceability of any BAB IP Rights

(10) NO WARRANTY, MAINTENANCE OR SUPPORT

10-1 You accept the Developer Portal “as is” and assume the entire risk for the performance of the Developer Portal and the results produced by the Developer Portal. You agree that we do not grant to you any warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, on the Developer Portal and any documentation for the Developer Portal. Because BAB is not in the business of supplying software to third parties and we are providing the Developer Portal to you only on the condition that you assume the entire risk for its use, it is reasonable for BAB to limit our exposure to damages. We will not be liable to you, or any other party, for any damages whatsoever, under these Terms or otherwise. BAB will not be liable to you, or any other party, for any direct, special, indirect, punitive or consequential damages, including but not limited to lost profits and other commercial or economic loss, and for claims by third parties against you. These Terms apply even if BAB has been notified of the possibility of any damages and irrespective of the cause of action, including without limitation breach of contract and negligence. Moreover, You will:

A- defend BAB against any claims by a third party arising out of your use of the Developer Portal, and

B- indemnify BAB against all costs, damages, and other liabilities, including but not limited to legal fees, that result from the defense of any claim.

10-2 BAB has no obligation to provide maintenance or support for the Developer Portal, including without limitation training or other assistance.

(11) Confidentiality and Security

We make the reasonable efforts to keep your Account information confidential. From time-to-time, we may require you to update your Sign-In Credentials. We will not be responsible for any losses that may result if you share or lose your Sign-In Credentials. You are liable for all activity on the Developer Portal associated with your account, Sign-In Credentials and Access Code, as well as your Apps and your Apps’ users. You are responsible for keeping your Sign-In Credentials confidential, and you must not disclose them to anyone. You must also comply with the following requirements:

A-You will be required to provide a valid email address while creating your Account for purposes of verifying your Account. You are responsible for ensuring that the email address associated with your Account is accurate and secured with a strong password.

B- BAB is not responsible for personal data transmitted to a third party as a result of you providing an incorrect email address by deliberately or inadvertently providing, allowing third-party access to your registered email address and/or Account.

C- BAB reserve the right to delete inactive Account on the Portal.

D- You must maintain the confidentiality of the Access Codes provided to you through the Portal and you are required always to take all reasonable and necessary steps to prevent others from accessing your Profile, including signing-out after each session

E- Except as expressly permitted under these Terms, you may not use, disclose, aggregate, share, redistribute, or provide others with access to the Portal and/or the Access Codes provided to you through the Portal.

F- You will not leave your Device unattended while logged into the Developer Portal and take reasonable steps to protect your Device against loss or theft.

G- You will use reasonable security measures, which include up-to-date virus scanning software and a firewall system, if such security measures are available on your device.

H- You will comply with any additional security requirements that we may require in connection with the Developer Portal

I- You agree to immediately notify BAB if you suspect or become aware that any of the Access Codes provided to you through the Portal have been disclosed, whether intentionally or inadvertently, to another person in violation of these Terms, or that the confidentiality or integrity of any of the Access Codes has been breached in any way.

(12) Changes and Termination

12-1 We can change (add, remove or alter) any part or feature of the Developer Portal, at our sole discretion. Following any change, these terms will continue to apply to all parts of the Developer Portal.

12-2 Subject to legal and regulatory requirements, we can also change these Terms by giving you notice of the changes, before or after the changes take effect. If you use the Developer Portal after a change to these Terms, or after we have notified you of a change, you are deemed to have read and accepted the new version of the Terms.

12-3 Without prior notice and for any reason, we can suspend or terminate your access to the Developer Portal, including your Access Code and calls to our APIs, and/or terminate part or all of these Terms.

12-4 To terminate your profile and use of the Developer Portal, please contact us at Contact Us Icon.

12-5 These Terms will continue to apply following the termination of your Developer Portal account for 10 years.

(13) Privacy Obligations

13-1 At all times, your use of the Developer Portal and your Apps will comply with all Applicable Law and best practices concerning privacy, data protection and on demand or downloadable software.

13-2 The consents and authorizations contained in these Terms will not change any other consent, authorization or preference you have given or may give to BAB regarding the collection, use and disclosure of your information.

13-3 You authorize us to collect, use and disclose your personal information, including information you provide while registering and using the Developer Portal, to provide you with access to the Developer Portal. We may use your information for any purpose in connection with the Developer Portal, and the Third Party Services, and assessing, evaluating and reporting on the Developer Portal and the Third Party Services, including the following:

A- To verify your identity.

B- To help us better understand the current and future needs of Developer Portal users and our clients.

C- To communicate to you any benefit, feature and other information about the Developer Portal.

D- To help us better manage our business and your relationship with us.

E- To provide you with products and services you may request, including Third Party Services.

F- To determine your eligibility for products and services we offer.

G- As required or permitted by Applicable Law and regulations.

13-4 We may share your information with our employees, our agents and our Third-Party Service Providers. In the event a Third-Party Service Provider is located outside the Kingdom of Saudi Araba, it is bound by, and information may be disclosed in accordance with, the Applicable Law and regulations of the jurisdiction in which it is located.

13-5 We may combine your information with any other information we hold about you and use it for any purpose you have otherwise consented to. We may also use your information and share it with BAB Subsidiaries to manage our risks and operations and those of BAB Subsidiaries and to comply with valid requests for information about you from regulators, government agencies, public bodies, or other entities who have a right to issue such requests.

13-6 We may also use your personal information for other purposes:

1- We may use your information to promote our products and services and promote products and services of third parties we select, which may be of interest to you.

2- We may also, where not prohibited by Applicable Law and regulations, share this information with BAB Subsidiaries for the purpose of referring you to them or promoting to your products and services which may be of interest to you. We and other BAB Subsidiaries may communicate with you through various channels, including telephone, computer or mail, using the contact information you have provided. You acknowledge that as a result of such sharing BAB Subsidiaries may advise us of the products or services they provide to you.

3- If you also deal with other BAB Subsidiaries, we may, where not prohibited by Applicable Law and regulations, consolidate information you provide to us with information other BAB Subsidiaries have about you to allow us and any BAB Subsidiaries to manage the relationship with you.

4- We may use your information to promote our products and services and promote products and services of Third Parties we select, which may be of interest to you. We will not share your information with Third Parties for the purposes of these promotions, but you may choose to do so when acting on an offer. We may communicate with you through various channels, including the Developer Portal and if you request, by e-mail, using the contact information you have provided. If you do not wish to receive promotions, or information about promotions, as set out in this paragraph, please contact us at Albilad Business Phone - for inside KSA at 8001237777 - for outside KSA at +966114798766 support service.

13-7 You understand that we and BAB Subsidiaries are separate, affiliated corporations. BAB Subsidiaries include our affiliates which are engaged in the business of providing any one or more of the following services to the public: deposits; loans and other personal financial services; credit, charge and payment card services; trust and custodial services; securities and brokerage services; and Money Remittance services.

13-8 You may choose not to have your information shared or used for any of these “Other uses” by contacting us as set out below, and in this event, you will not be refused credit or other services just for that reason. We will respect your choices and, as mentioned above, we may share your choices with BAB Subsidiaries for the sole purpose of honoring your choices regarding “Other uses of your personal information”.

(14) Limitation of Liability and Indemnification

14-1 You are solely responsible for all information, content or IP Rights that you give us through the Developer Portal. We will not be responsible for any loss, harm, injury, damage, delay or inconvenience suffered or incurred by you with respect to:

(1) these Terms, the Developer Portal, your Apps; or

(2) any instruction given to, by or purported to be given by you, using your Sign-In Credentials and/or Consumer Key, in connection with the Developer Portal.

14-2 Even if we are negligent, we will not be liable - in all cases - for any losses or damages caused by or in any way related to the Developer Portal. Such losses or damages include without limitation:

A- direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages.

B- loss of data, profits, information, opportunity, revenues and goodwill, and

C- any other business interruption, commercial or economic losses. Such limitation of liability applies regardless of the cause of action, even if we have advised of the possibility of such damages.

14-3 In addition, in no event, even if we are negligent, we will not be liable for any loss or damage suffered by you that is caused by:

I. The actions of, or any failure to act by a Third Party or Third-Party Service Provider (and no such Third Party or Third-Party Service Provider will be considered to be acting as our agent),

II. Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in any data given by you to us or any Third Party or Third Party Service Provider, including your failure to update, or the Developer Portal and any data or information provided to you by any Third Party,

III. Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained, in the Developer Portal, including the any failure to update,

IV. Any delay, error, interruption or failure by us or any Third Party or Third-Party Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control, any system malfunctions or any technical failures,

V. Unsecured communication being inaccurate, intercepted, reviewed or altered by others, or not received by you,

VI. Your use of the Developer Portal, including, without limitation, any delay or inability to access or use the Developer Portal,

VII. Your failure to receive or view an email that has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause, or

VIII. Your failure to fulfill any of your obligations under these Terms, including those in the “Security” and “Representations” sections of these Terms, or to comply with any instructions we may provide to you from time to time in connection with the Developer Portal.

14-4 Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us and any other person for any claim, cost and liability incurred as a result of your access to or use of the Developer Portal, including any claim, cost and liability related to your Apps, or your breach of these Terms.

(15) Electronic Agreement and Records

15-1 These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor BAB will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in electronic form. Your use of the Developer Portal confirms your acceptance of these Terms and any modification to them.

15-2 There may be terms, conditions, instructions or disclaimers displayed on-screen in the Developer Portal, or when you click on icons or links in the Developer Portal. You must access those terms, and by using the Developer Portal, you agree that the on-screen terms are binding and form part of these Terms.

15-3 While using the Developer Portal, you authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you using your Sign-In Credentials. Any instruction will have the same legal effect as if it was written instruction and signed by you.

15-4 Our records, including electronic records, regarding the Developer Portal are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.

(16) Warranty and Indemnity

16-1 We are constantly changing and improving the APIs, content, and tools provided by the Portal. We may add or remove functionalities or features, and we may suspend or stop an API or a service altogether.

16-2 You can stop using the APIs and the Portal at any time. Although we will be sorry to see you go, BAB may also stop providing APIs and/or revoke access to the Portal or add or create new limits to the APIs and/or your Account at any time.

16-3 The APIs, and the content and tools provided through the Portal are provided on an “as is,” “without any warranty,” and “without any liability” basis. Unless otherwise explicitly stated, BAB and its Subsidiaries do not guarantee the quality, accuracy, completeness, or timeliness of the APIs and the tools provided by the Portal and, to the maximum extent permitted by laws and regulations , BAB and its Subsidiaries expressly disclaim any warranty of any kind with respect to the APIs, including regarding their availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, or non-infringement.

16-4 To the maximum extent permitted by laws and regulations, you hereby expressly and irrevocably release and discharge BAB and its Subsidiaries, and their respective directors, officers, employees, agents, representatives, contractors, licensees, and successors from any and all actions, claims, suits, proceedings, liabilities, debts, judgments, and demands that you have, have had, or may have in the future, for any reason relating directly or indirectly from or arising out of the APIs or these Terms. BAB and its affiliates are not liable for any damages or liability relating directly or indirectly from or arising out of the APIs or services or these Terms, including, but not limited to, your use of the APIs or any content that you submit using the tools provided by and through the Portal. BAB and its Subsidiaries are not responsible for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with the APIs or these Terms.

16-5 You will indemnify, defend and hold BAB, its Subsidiaries, agents, and licensors harmless from all costs, losses, damages, claims, and expenses including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages and reasonable attorneys’ fees resulting directly or indirectly from or arising out of your use of the APIs, your Account, or your violation of these Terms.

(17) Severability

If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Our failure to enforce strict performance of any provisions of these Terms does not mean we have waived any provision or right. Neither the course of conduct between you and us, nor trade practice modifies any provision of these Terms. You may not assign or transfer these Terms or any of its obligations or rights hereunder to any other person

(18) No assignment

You may not assign or otherwise transfer these Terms or any rights or obligations under them. We may assign or transfer these Terms or delegate any of our rights or obligations hereunder. These Terms are binding on and inure to the benefit of the parties, their successors, and permitted assigns.

(19) Business use

If you are using the Portal, its content or tools provided by and through the Portal and/or the APIs on behalf of a business, that business accepts these terms. It will hold harmless and indemnify BAB and its subsidiaries, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Portal or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

(20) Waiver

Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of these Terms must be in writing and signed by the party against whom enforcement of the waiver is sought

(21) No Agency or Beneficiaries

Nothing in these Terms shall be construed to create a partnership, joint venture, employment relationship, or agency relationship between BAB or its Subsidiaries and you, or to create any third-party beneficiary to these Terms.

(22) Language

You and we have expressly requested that these Terms, the Developer Portal, and all related documents, including notices, be drawn up in the Arabic Language. However, the English version of these terms or any other communications will be used as guidance and to understand any relevant technical issues.

(23) Applicable Law

These Terms are entered into and governed by the laws and regulations of the Kingdom of Saudi Arabia applicable therein. You and we agree that the competent courts in Riyadh, Kingdom of Saudi Arabia shall have exclusive jurisdiction over each of us for the determination of any matters arising out of this Terms.