Preamble
These Terms and Conditions ("Terms") govern the use of the "Daarna" platform, a comprehensive Software-as-a-Service (SaaS) ecosystem dedicated to Real Estate Community and Homeowners' Association (HOA) management. By accessing, registering, or using the Danach platform, you ("User") acknowledge that you have read, fully understood, and unconditionally agreed to be bound by these Terms and the accompanying Privacy Policy. If you do not agree, you must immediately cease using the platform.
1. Definitions
- The Company / Danach: Prop Net, the owner and technical operator of the "Daarna" platform.
- The Platform: The Daarina web portal, mobile applications, APIs, and all associated digital systems.
- The HOA / Union / Property Manager (Data Controller): The Homeowners' Association, Board of Directors, or authorized Property Management firm that subscribes to the Platform to manage their community.
- Property Owner / Member: A natural or legal person who owns a unit within the community.
- Resident / Sub-user: A person authorized by the Owner to access specific platform features.
- Service Provider / Vendor: A third-party contractor (e.g., maintenance, cleaning, security) contracted directly by the HOA, not by Daarina.
- Ticket / Work Order: A service request or maintenance issue submitted through the Platform.
2. Nature of the Platform & Legal Relationship (Crucial)
- Software Provider Only: Daarna operates strictly as a technological infrastructure (SaaS). Daarna is NOT a property management company, a real estate broker, an HOA board member, or an employer of Service Providers.
- No Agency: Daarna acts solely as a technical facilitator between the HOA, Owners, and Vendors. Daarna does not control, manage, or supervise the physical properties, the HOA's financial decisions, or the quality of services performed by third-party Vendors.
- HOA Autonomy: The HOA/Property Manager retains full legal and operational control over the community, including the approval of budgets, collection of fees, and selection of Vendors.
3. User Accounts & Registration
- Users must provide accurate, current, and complete information during registration.
- Owners must verify their ownership or tenancy status as required by the HOA.
- Users are solely responsible for maintaining the confidentiality of their login credentials and for all activities occurring under their accounts.
4. Financial Transactions & Community Fees
- Payment Facilitation: The Platform integrates with licensed payment gateways (e.g., Sadad) to facilitate the collection of community fees, invoices, and service charges.
- No Financial Liability: All fees collected are solely for the benefit of the HOA or Property Manager. Daarna is not a financial institution, debt collector, or party to the financial obligations between the Owner and the HOA.
- Disputes: Any disputes regarding fee amounts, budgets, refunds, or financial penalties must be resolved directly between the User and the HOA/Property Manager. Daarina bears no liability for financial losses or HOA mismanagement.
5. Ticketing, Maintenance & Vendor Services
- Routing, Not Endorsing: The Platform allows Users to submit Tickets, which are routed to Vendors selected by the HOA. Daarina does not vet, guarantee, or assume liability for the workmanship, safety, or quality of the Vendors.
- No Direct Contract: Daarina is not a party to any contract between Users and Vendors.
- Vendor Disputes: Any disputes regarding property damage, personal injury, poor workmanship, or vendor conduct are strictly between the User, the HOA, and the Vendor. Daarina is not a party to these disputes and is released from any related liability.
6. Community Governance & Voting
- Technical Tool Only: The Platform provides electronic voting and polling tools for the HOA.
- Legal Validity: Daarina is not responsible for the legal validity, quorum requirements, or binding nature of the General Assembly decisions. It is the sole responsibility of the HOA/Board to ensure that all voting processes comply with KSA laws and community bylaws.
7. Obligations of Users
- Owners/Residents: Must pay dues on time, comply with community bylaws, coordinate access for vendors, and use the platform for legitimate community purposes.
- HOA/Board: Must manage the community transparently, accurately maintain the unit registry, and protect member data.
- Vendors: Must adhere to safety standards, maintain confidentiality of community data, and execute work orders professionally.
8. Prohibited Conduct
Users agree NOT to:
- Hack, reverse-engineer, or disrupt the Platform's infrastructure.
- Exploit or publish community data outside the scope of legitimate management.
- Use the platform for unlawful, offensive, or commercial purposes unrelated to the community.
- Manipulate voting systems or create fake tickets/accounts.
9. Data Privacy & Security
- The collection and processing of data are governed by our Privacy Policy.
- Users acknowledge that the HOA/Property Manager acts as the Data Controller, while Daarina acts as the Data Processor.
- Daarina implements industry-standard security measures but cannot guarantee absolute immunity from cyber threats. Users must report any suspected breaches immediately.
10. Intellectual Property Rights
- All intellectual property rights related to the Daarina platform, including software code, UI/UX designs, and trademarks, are the exclusive property of Prop Net.
- Users are granted a limited, revocable, non-exclusive license to use the platform solely for its intended community management purposes.
11. Limitation of Liability
- AS-IS BASIS: The Platform is provided "as is" and "as available".
- Exclusion of Damages: To the maximum extent permitted by KSA law, Prop Net shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or goodwill.
- Cap on Liability: Prop Net's total aggregate liability for any claim arising out of these Terms shall not exceed the amount of fees paid by the User to the Platform (if any) in the three (3) months preceding the claim.
12. Indemnification
- Users agree to indemnify and hold harmless Prop Net, its affiliates, directors, and employees from any claims, damages, losses, or legal fees arising from the User's breach of these Terms, violation of laws, misuse of the platform, or disputes with the HOA, other members, or Vendors.
13. Term, Suspension, and Termination
- These Terms remain in effect as long as the User maintains an active account.
- The HOA or Daarna may suspend or terminate access for Users who violate these Terms or community bylaws.
- Upon termination, Users must settle all outstanding obligations. Data retention will follow the Privacy Policy and KSA statutory requirements (e.g., 10 years for financial records).
14. General Provisions
- Force Majeure: Prop Net shall not be liable for any failure or delay in performance due to events beyond its reasonable control (e.g., cloud server outages, internet disruptions, acts of God, or government actions).
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: The failure of Prop Net to enforce any right under these Terms shall not constitute a waiver of that right.
- Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between the User and Prop Net regarding the use of the Platform.
15. Governing Law & Jurisdiction
- These Terms are governed by the laws and regulations of the Kingdom of Saudi Arabia.
- Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Kingdom of Saudi Arabia.
16. Contact Information
- Email: info@daarna.sa / privacy@daarna.sa
- Customer Service: 920033272
- Headquarters: Abi Baker Al Siddiq, An Nuzhah, Riyadh