Terms of Service

By accessing or using the Insha'at platform (the "Platform" or "we"), whether as a client, service provider, contractor, consultant, supplier, or visitor, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Insha'at, the entity operating the Platform, registered in the United Arab Emirates. If you do not agree to these Terms, you must immediately discontinue use of the Platform.

1. Nature of Service

Insha'at is a lead generation and marketplace platform connecting construction clients with service providers (contractors, consultants, suppliers, and decorators). The Platform is NOT a party to any contract between users. We do NOT hold funds, do NOT process peer-to-peer payments between parties, and do NOT guarantee the performance, quality, or completion of any transaction.

The Platform's role is limited to: (a) enabling listing, discovery, and communication between parties; (b) providing tender, contract, and project management tools for record-keeping purposes; (c) providing subscriptions and lead fees in exchange for access to the Platform. We do not supervise, direct, or control the quality, timing, legality, or manner of services performed by any user.

2. Platform Fees

The Platform charges two types of fees: (a) Subscription Fees, which are recurring fees paid by Service Providers for access to the Platform and its features; and (b) Lead Fees, which are transaction-based fees charged when a Service Provider receives a qualified project lead through the Platform. All fees are displayed transparently before purchase and are non-refundable except as expressly stated herein.

• Subscription Fees — Recurring fees monthly annual
• Lead Fees — Fees charged service provider

All Platform fees are for access to the Platform and its services, NOT for escrow, payment processing, or transaction guarantee. Value Added Tax (5% VAT) is added to all Platform fees in accordance with UAE tax law. Prices displayed on the Platform are exclusive of VAT unless explicitly stated otherwise.

3. Direct Transactions

All payments for construction services, materials, consulting, or any other transaction between Clients and Service Providers are made directly between the parties. The Platform does not process, hold, or guarantee these payments. Each party is solely responsible for negotiating payment terms, issuing tax invoices, and ensuring compliance with all applicable financial regulations.

Each party is solely responsible for: (a) agreeing payment terms and method; (b) issuing their own tax invoices; (c) complying with VAT regulations; (d) following up on collection or payment of dues. The Platform provides an "off-platform payment recording" feature for record-keeping purposes only, which does NOT constitute legal proof of payment, tax evidence, or enforceable debt acknowledgment.

4. Partner Escrow (Optional)

The Platform may offer users the option to use escrow services provided by licensed third parties (such as Telr, PayTabs, and others) to add an additional layer of protection to their transactions. These services:

• Escrow independent operation
• Escrow partner terms
• Escrow no liability
• Escrow optional direct agreement

5. Verification Limitations

The Platform performs verification on a "best-effort" basis, relying on documents submitted by the user and on data from third-party verification service providers (APIs). This includes:

• Trade license verification
• Rera real estate regulatory
• Dld dubai land department
• Kyc know your customer
• Tax Registration Number (TRN) verification

Insha'at does NOT guarantee the accuracy, completeness, or current validity of any verified information. Verification status reflects only the information available at the time of verification and may become outdated. Users are responsible for conducting their own due diligence before entering into any contract with another party.

6. Dispute Resolution

Users must resolve disputes arising between themselves directly. Insha'at may provide mediation assistance (such as a disputes panel and structured communication), but has NO enforcement or judicial authority, and cannot compel payment, refund, or compensation from any party. Any mediation is non-binding and without prejudice to the parties' legal rights.

If parties fail to reach an amicable resolution, they may resort to the competent courts in the United Arab Emirates or to arbitration in accordance with ADCCAC rules if so agreed. Any arbitration shall be conducted in Abu Dhabi, in the English language, by a sole arbitrator appointed in accordance with ADCCAC rules.

7. UAE Compliance

All users of the Platform are solely responsible for ensuring their activities comply with the laws, regulations, and licensing requirements of the United Arab Emirates and the relevant emirate where their projects are located. This includes, but is not limited to, VAT registration and filing, trade license validity, construction permits, labor law compliance (including WPS), and building safety standards.

• VAT registration and obtaining a Tax Registration Number (TRN) in accordance with FDL_8_2017.
• Validity and renewal of their trade license per the economic regulations of the relevant emirate.
• Obtaining RERA, DLD, and municipality permits as required.
• Compliance with FDL_33_2021 on the Regulation of Labour Relations and the Wage Protection System (WPS).
• Compliance with building codes, occupational health and safety, and municipal regulations.

8. Liability Limitation

To the maximum extent permitted by law, neither the Platform nor its operating company, directors, officers, employees, agents, or affiliates shall be liable for the acts or omissions of other users, the quality of executed works, payments between parties, or the accuracy of user-submitted information. Our total aggregate liability, under any theory (including contract, tort, negligence, strict liability, or otherwise), shall not exceed the total Platform fees actually paid by you during the three (3) months immediately preceding the event giving rise to the claim. This limitation applies regardless of whether the remedy fails of its essential purpose.

Under no circumstances shall Insha'at be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, or reputational harm, arising out of or in connection with your use of the Platform, even if Insha'at has been advised of the possibility of such damages.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be first referred to mediation. If mediation fails, the dispute shall be finally resolved by arbitration administered by the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) in accordance with its rules. The seat of arbitration shall be Abu Dhabi, United Arab Emirates. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties.

10. Amendments

We may amend these Terms from time to time. We will notify registered users via email and in-platform notice at least thirty (30) days before any material amendment takes effect. Your continued use of the Platform after the effective date constitutes acceptance of the amended Terms. If you do not agree to the amendments, you may terminate your account before the effective date. Non-material amendments (typographical errors, clarifications, or changes to non-substantive provisions) may take effect immediately.

11. Definitions

For the purposes of these Terms: (a) \"Client\" means any person or entity seeking construction, contracting, consultancy, supply, or decoration services; (b) \"Service Provider\" means any person or entity offering such services through the Platform; (c) \"Platform Fees\" means subscription fees and lead fees charged by Insha'at; (d) \"User Content\" means any information, text, images, documents, or other materials uploaded by users to the Platform.

12. User Accounts

To use certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account. The Platform reserves the right to suspend or terminate accounts that provide false information or engage in fraudulent activity.

13. Age Requirement

The Platform is intended for use by individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By using the Platform, you represent and warrant that you meet these requirements. If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

14. Account Security

You are responsible for safeguarding the password and any other credentials used to access your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

15. Suspension & Termination

Insha'at reserves the right, in its sole discretion and without liability, to suspend, restrict, or terminate your access to the Platform, with or without notice, for any reason, including but not limited to: (a) breach of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment of Platform fees; (d) prolonged inactivity; (e) risk to the security or integrity of the Platform or other users. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination shall survive, including but not limited to liability limitations, indemnification, and dispute resolution.

16. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Platform in any way that violates any applicable law or regulation; (b) impersonate any person or entity; (c) engage in any activity that interferes with or disrupts the Platform; (d) attempt to gain unauthorized access to any portion of the Platform; (e) use any robot, spider, scraper, or other automated means to access the Platform; (f) introduce any malicious code, viruses, or harmful material; (g) harass, abuse, or harm another person; (h) post false, misleading, or defamatory content.

17. Prohibited Conduct

Without limiting the foregoing, the following activities are strictly prohibited on the Platform: (a) circumvention of Platform fees by completing transactions outside the Platform that originated on the Platform; (b) solicitation of users to transact outside the Platform; (c) manipulation of reviews, ratings, or verification status; (d) posting of counterfeit, infringing, or stolen content; (e) unauthorized sharing of another user's confidential information; (f) offering or soliciting illegal services. Violations may result in immediate account suspension, permanent ban, and referral to law enforcement authorities.

18. Content Ownership

You retain all ownership rights in the User Content you submit to the Platform. By submitting User Content, you grant Insha'at a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the operation and promotion of the Platform. This license exists only for as long as your User Content remains on the Platform and terminates when your User Content is removed.

19. License Grant

Insha'at and its licensors own all intellectual property rights in and to the Platform, including but not limited to software, trademarks, logos, designs, text, graphics, and databases. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent. All rights not expressly granted are reserved by Insha'at.

20. Reviews Integrity

Reviews and ratings submitted through the Platform must reflect genuine experiences. Users may not: (a) submit reviews on behalf of others; (b) offer or accept compensation in exchange for reviews; (c) threaten or coerce others to submit or remove reviews; (d) submit false or defamatory reviews. Insha'at reserves the right to remove, hide, or investigate any review that violates these rules or appears fraudulent. Reviews are the opinions of their authors and do not represent Insha'at's views.

21. Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by Insha'at. Insha'at has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Insha'at shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

22. No Warranty

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. INSHA'AT DOES NOT WARRANT THAT: (A) THE PLATFORM WILL FUNCTION UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE PLATFORM OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS.

23. Indemnification

You agree to defend, indemnify, and hold harmless Insha'at, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Platform; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (d) any claim that your User Content caused damage to a third party.

24. Force Majeure

Insha'at shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Insha'at's reasonable control, including but not limited to: acts of God, epidemic, pandemic, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In such circumstances, Insha'at shall be entitled to a reasonable extension of time for the performance of such obligations.

25. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent as closely as possible.

26. Entire Agreement

These Terms, together with the Privacy Policy, Payment Disclaimer, and any other policies referenced herein, constitute the entire agreement between you and Insha'at regarding your use of the Platform, superseding any prior agreements, understandings, or representations, whether written or oral. No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

27. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Insha'at's prior written consent. Insha'at may assign or transfer these Terms, in whole or in part, without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

28. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHER CONSOLIDATED PROCEEDINGS. If a court determines that this class action waiver is unenforceable, the dispute shall be resolved through individual binding arbitration.

29. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, liability limitations, dispute resolution, and class action waiver.

Contact Us

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us using the information below. We aim to respond to all inquiries within five (5) business days. For legal matters, please direct your correspondence to our legal team. For data protection and privacy inquiries, please contact our Data Protection Officer.