Terms of Service
Diyari is software for running a real estate office. It is not a law firm, not a notary, not a real estate broker, and not a payment institution. It gives no legal advice, notarises nothing, is party to no lease or sale, and never receives, holds, or moves money. See section 3.
1. Parties and definitions
- “We” / “the Provider”: Bilal Raad, Baghdad, Republic of Iraq, operator of the Diyari platform at diyariplatform.com; presently trading as a sole proprietorship whose commercial registration is not yet complete, this clause to be updated on completion.
- “the Office” / “the Subscriber”: the natural or legal person who opens an account to run their real estate business, and anyone they grant access to.
- “User”: anyone signing in under the Office’s account, in any role (owner, manager, agent).
- “End Client”: an owner, tenant, buyer, or property seeker whose data the Office enters, or who contacts the Office through the site it publishes on the platform. End Clients are not party to these terms.
- “Content”: everything the Office or its Users put into the platform — property data, photos, personal data, financial entries, contract and receipt text.
- “the Service”: the office dashboard, the public office site published through the platform, the APIs, the automated messaging, and everything connected to them.
2. Acceptance and electronic contracting
Opening an account, signing in, or using the Service constitutes full acceptance of these terms and of the Privacy Policy, which forms an integral part of them. That electronic acceptance is legally effective under Iraqi Electronic Signature and Electronic Transactions Law No. 78 of 2012.
Anyone accepting on behalf of an office or company warrants they are authorised to bind it, and “the Office” then means that entity. Users must be 18 or older.
3. What the Service is, and what it is not
The Service is a record-keeping and organisation tool. Specifically:
3.1 Not legal advice
The platform computes dates and deadlines derived from Iraqi Property Lease Law No. 87 of 1979, the Iraqi Civil Code No. 40 of 1951, and related rules — the warning window, the cure counter, the notary deposit window, the late-penalty ceiling, retained title on instalment sales. These are informational calculations only, based on the dates and amounts the Office enters. They may not fit the Office’s situation, and legislation or judicial interpretation may change before we update them. They are not a substitute for a qualified lawyer, are not a legal opinion, and every decision taken on them — and its consequences — belongs to the Office alone.
3.2 Not notarisation or certification
Contract, warning (إنذار), and receipt templates are print-ready drafts that the Office edits at its own risk. Issuing one from the platform carries no notarial effect. Notarisation, certification, and registration before the notary public or the real estate registry are official procedures entirely outside the Service, and the Office performs them itself.
The QR code printed on a document proves exactly one thing: that a document with that number was issued from this Office’s account on the platform, and has not been cancelled. It does not prove the truth of its contents, its notarisation, its legal validity, or the identity of any signatory.
3.3 Not real estate brokerage
We do not list, market, or broker any property, take no commission on any transaction, and are party to no contract between the Office and its clients. Listings on an office site are created by that Office, on its own responsibility, and we are under no duty to verify ownership, descriptions, prices, or photographs. The Office alone bears responsibility for meeting the licensing and registration requirements applicable to real estate brokerage in Iraq.
3.4 No custody of funds
The platform is a financial record-keeping system only. We do not receive, hold, transfer, or collect any sum on behalf of the Office or its clients, issue no payment instruments, and carry on no payment service activity regulated by the Central Bank of Iraq under Regulation No. 2 of 2024. Where the Service references a payment channel (Qi Card, ZainCash, FIB, Wayl or others), that is either an entry the Office records or a link to an independent licensed provider; the relationship is then between the Office, its client, and that provider.
3.5 Not a document archive
The Service is not a legal archive and does not replace the paper record. The Office must retain original documents and books in the form the law requires of it, and keep its own periodic backups.
4. Accounts and access
- The account is opened in the Office’s name, and the Office is responsible for everything done under it, including its Users’ acts.
- Credentials are personal and must not be shared. Tell us immediately if unauthorised access is suspected.
- Seat, branch, and listing limits are set by the subscribed plan and enforced server-side.
- When a User leaves, the Office must revoke their access immediately.
- We may access an Office’s account for technical support, to investigate a violation, or to comply with a lawful order; such access is recorded in an audit log.
5. Subscription, pricing, payment
- Pricing is in Iraqi dinars. Monthly plans are sold with a two-month minimum; annual plans are prepaid at a published discount.
- Published prices exclude any taxes or government fees, which the Office bears.
- Subscriptions renew for the same term unless the Office notifies us of non-renewal before the current term ends.
- Amounts paid for a term that has begun are non-refundable, except as required by Iraqi Consumer Protection Law No. 1 of 2010 or another mandatory provision, or where we are unable to provide the Service for reasons attributable to us.
- On late payment we may notify the Office and then suspend public site publishing or freeze the account. Suspension does not delete data within the period in section 15.
- We may change prices on at least thirty days’ notice. Changes do not apply to a prepaid term, and the Office may terminate at the end of its current term if it does not accept them.
- WhatsApp messages may carry a per-message cost charged by Meta or the accredited provider, billed to the Office as published.
6. Acceptable use
The Office must not, and must not allow others to:
- Publish a property it has no right to market, or a fictitious listing, or a misleading price, description, or photograph.
- Enter a person’s data or identity document without a legal basis or that person’s consent.
- Send WhatsApp or marketing messages to anyone who has not given prior express consent.
- Carry on any activity contrary to Iraqi law, in particular Anti-Money Laundering and Counter-Terrorism Financing Law No. 39 of 2015 — the Office alone is responsible for its obligations under it, including customer identification and reporting suspicious transactions.
- Attempt to breach the platform, defeat tenant isolation, reach another office’s data, or conduct penetration testing without our written permission.
- Reverse engineer, copy, or extract the platform’s code, or resell or sublicense the Service without a written agreement.
- Scrape data at scale, load the servers so as to degrade the Service, or exceed API limits.
- Upload malware, content contrary to public morals, or content infringing third-party rights.
On a serious violation, or on the order of a competent authority, we may suspend the account or remove specific content immediately and without prior notice, informing the Office as soon as practicable.
7. Office content and client data
Content belongs to the Office. The Office grants us a non-exclusive licence, limited to the subscription term and to the purpose of operating the Service for that Office, to host, process, display, back up, and produce technical derivatives of its Content (thumbnails, watermarked images).
The Office represents and warrants that it:
- Is legally entitled to enter its clients’ data and identity documents into an electronic system, and has obtained any consents the law requires.
- Owns or is licensed to use the photographs and text it uploads, consistent with Iraqi Copyright Protection Law No. 3 of 1971.
- Informs its clients that their data is processed through a technical service provider on its behalf.
As regards End Clients, the Office is the data controller and we are a processor acting on its behalf; we process End Client data only on its instructions and as needed to operate the Service. Details in the Privacy Policy.
We may use aggregated, anonymised statistics — from which no office or person can be identified — to improve and measure the Service.
The office network: a property whose status is active — that is, already published on the Office’s own public site and readable by any visitor — is also visible to the other subscribing offices on the platform through the office network, and another office may show it on its own site under its own phone number. Registry identifiers (plot, muqāṭaʿa, ḥawḍ, address) and owner details are never exposed in the network. A property left in draft never enters it. From the Office plan upward, an Office can leave the network, hide an individual listing, or block a specific office.
8. WhatsApp messaging
- The system sends no automated message to a number without a recorded express opt-in. Collecting, validating, and evidencing that consent is the Office’s responsibility.
- The Office must comply with Meta’s business policies, the WhatsApp Business Policy, and any rules of the accredited provider. Breach may cause Meta to restrict or disable the Office’s number, which is outside our control.
- The Office must offer a clear way to withdraw consent and must stop sending on request.
- We do not guarantee delivery or delivery speed; the channel belongs to a third party.
9. Intellectual property
The platform, its code, designs, themes, document templates, and the name and mark “Diyari / دياري” belong to us or our licensors, and nothing in them transfers to the Office. What is granted is a personal, non-exclusive, non-transferable, revocable right of use for the subscription term and its purpose.
If the Office or a User sends us a suggestion or feedback, we may use it freely and without obligation.
10. Third-party services
The Service depends on independent providers for hosting, databases, content delivery, media storage, and messaging, and may expose links or integrations the Office chooses (analytics tools or advertising pixels it adds to its own site). We are not responsible for those services stopping or changing their terms, prices, or policies, nor for what a third-party provider the Office added itself collects from its site.
11. Availability, maintenance, support
We take reasonable care to keep the Service available and offer no contractual uptime commitment (SLA) on current plans. The Service may be paused for maintenance; we aim to give notice of planned maintenance. Support is provided at [email protected] and the published support channels, during business hours Baghdad time.
12. Disclaimer of warranties
The Service is provided “as is” and “as available”. To the extent the law permits, we disclaim any express or implied warranty of fitness for a particular purpose, freedom from error or interruption, the accuracy or completeness of any calculation, date, amount, or text the system produces from the Office’s inputs, or the outcome of any legal step the Office takes in reliance on the Service.
13. Limitation of liability
We are not liable for indirect or consequential loss, including lost profit, lost opportunity, a lost deal or commission, reputational harm, or loss of data the Office could have backed up.
Our total liability for any claim arising out of the Service, on any basis, shall not exceed the subscription fees the Office actually paid in the twelve months preceding the event giving rise to the claim.
This limitation does not extend to fraud, gross fault, or personal injury, nor to any liability Iraqi law does not permit to be excluded or limited; the Iraqi Civil Code governs in that respect.
14. Indemnity
The Office shall defend and indemnify us and our personnel against any third-party claim, action, or penalty — including from its own clients or from official bodies — arising out of the Office’s Content, a listing it published, a message it sent, or its use of the Service in breach of these terms or the law, together with resulting damages, costs, and legal fees.
15. Suspension, termination, data return
- The Office may terminate at any time, effective at the end of the paid term.
- We may terminate on thirty days’ notice, or immediately for serious breach, non-payment, or the order of a competent authority.
- After termination the Office’s data remains recoverable for 30 days, during which it may request a copy in a machine-readable format. After that it is deleted from live systems and ages out of backups on their normal rotation.
- Sections 7, 9, 12, 13, 14, 19 and any section that by its nature should survive, survive termination.
16. Changes to these terms
We may amend these terms. Amendments are published on this page with an updated date, and we notify Offices of material changes at least thirty days before they take effect, by email or in the dashboard. Continuing to use the Service after they take effect is acceptance; an Office that does not accept may terminate before then.
17. Force majeure
Neither party is liable for delay or failure caused by matters beyond its reasonable control, including power or internet outages, blocking or restriction orders by an official body, security disturbances, natural disasters, and infrastructure provider failures.
18. Notices
We give notice to the email address or phone number on the Office’s account, or in the dashboard, and notice is deemed given when sent. The Office gives notice to us at [email protected].
19. Governing law and disputes
These terms are governed by and construed under the laws of the Republic of Iraq. On a dispute, the parties shall attempt amicable settlement within thirty days of written notice; failing that, the courts of Baghdad / Al-Rusafa shall have jurisdiction, without prejudice to a consumer’s right — where the Subscriber is a consumer in the legal sense — to sue in the competent court of their place of residence.
20. General
- If a provision is invalid or unenforceable, the rest remain in force and the invalid one is replaced by the valid provision closest to its intent.
- Forbearance in enforcing a right is not a waiver of it.
- The Office may not assign this agreement without our written consent. We may assign it on a merger or sale of the business, with notice to the Office.
- These terms and the Privacy Policy are the entire agreement on the Service and supersede any prior understanding.
- These terms were drafted in Arabic; any translation is for convenience, and the Arabic text prevails in case of conflict.
21. Contact
Bilal Raad — Baghdad, Republic of Iraq
Legal: [email protected]
Privacy and data rights: [email protected]
Support: [email protected]