Terms of Service

1. Introduction and acceptance

1.1 These Terms of Service (the “Terms”) are a binding agreement between شركة انظمة بنش لتقنية المعلومات, a limited liability company registered in the Kingdom of Saudi Arabia, unified national number 7033252953, operating as “Bench” ("Bench", “we”, “us”), and the organization that subscribes to or uses the Service (the “Customer”, “you”). Bench’s correspondence address is Riyadh, Kingdom of Saudi Arabia; notices may be sent to support@bench.sa.

1.2 By signing an Order Form, selecting any paid, free or trial plan, creating an administrator account, or clicking to accept these Terms, the person doing so confirms that they are authorized to bind the Customer and accepts these Terms on its behalf. The Customer agrees that Bench may preserve electronic records of the accepted version, time and method of acceptance and account identity as evidence of agreement. A person lacking authority must not enroll an organization.

1.3 The Service is offered only to businesses and other organizations for professional use. It is not offered to consumers.

2. Definitions

"Service" means Bench's HR software platform, including its websites, applications, APIs, integrations, features and related support, as updated from time to time.

"Order Form" means any ordering document, online checkout or subscription plan selection that refers to these Terms.

"Authorized User" means an employee, contractor or agent of the Customer whom the Customer allows to access the Service.

"Customer Data" means all data, including Personal Data, that the Customer or its Authorized Users submit to the Service.

"Personal Data", "Sensitive Data", "Processing", "Controller" and "Processor" have the meanings given in the Personal Data Protection Law issued by Royal Decree No. (M/19) dated 9/2/1443H, as amended by Royal Decree No. (M/148) dated 5/9/1444H, and its Implementing Regulations (together, the "PDPL").

"Data Subject" means the individual to whom Personal Data relates, including the Customer's employees, former employees, job candidates and their dependants.

"Aggregated Data" means data derived from use of the Service that does not identify, and cannot reasonably be used to identify, the Customer or any individual.

"Applicable Law" means all laws and regulations of the Kingdom of Saudi Arabia that apply to a party, and any other law that applies to it.

3. Accounts and Authorized Users

3.1 The Customer must provide accurate and complete registration and billing information and keep it up to date.

3.2 The Customer is responsible for all activity under its account, including the acts and omissions of its Authorized Users, as if they were the Customer's own.

3.3 The Customer must protect account credentials, enforce reasonable user access controls, and notify Bench at support@bench.sa promptly of suspected compromise. Authentication and approval settings made available by Bench must be configured and used responsibly.

3.4 Bench may rely on instructions from reasonably authenticated Customer accounts and designated administrators, unless prohibited by applicable law. The Customer bears responsibility for the authority it assigns to users and administrators.

4. Customer responsibilities

4.1 Employment decisions. The Service is a tool. The Customer alone makes, and is responsible for, all employment decisions, including hiring, pay, leave, performance, discipline and termination, and for complying with the Labor Law, GOSI, Wage Protection System, Saudization (Nitaqat) and all other Applicable Law. Bench does not provide legal, tax, payroll, immigration or HR advice.

4.2 Lawful basis for Customer Data. The Customer represents and warrants that, for all Customer Data:

it has a lawful basis under the PDPL to collect the data and to have Bench Process it as described in these Terms and the Data Processing Addendum;

it has given Data Subjects all notices the PDPL requires, including notice that a service provider processes their data and, where applicable, that it may be transferred outside the Kingdom;

it has obtained any consent the PDPL requires, including explicit consent where Sensitive Data is involved and no other legal basis applies;

it collects only the Personal Data that is necessary for its stated purposes; and

the data is accurate and kept up to date.

4.3 Data Subject requests. The Customer is responsible for responding to requests from its employees and other Data Subjects to exercise their PDPL rights. Bench will provide the reasonable assistance described in the Data Processing Addendum.

4.4 Customer configuration. The Customer is responsible for how it configures the Service, including user permissions, retention settings, approval workflows and any data it chooses to export, share or integrate with third-party tools.

4.5 Monitoring and sensitive features. Bench may offer attendance, location verification, geofencing, NFC attendance, biometrics where enabled, performance, leave, medical-evidence, recruitment and other employment features. The Customer determines whether each feature is appropriate and is responsible for a lawful basis, notices, employment-policy compliance, proportionality and configuration. Biometric data processed to identify a person and health data are Sensitive Data under PDPL Article 1; the Customer must restrict their processing and access accordingly. Copies of identifiable official documents may be collected only where permitted by PDPL Article 28. The Customer must not use Bench for unlawful covert surveillance, unjustified off-duty tracking, or discriminatory processing.

5. Acceptable use and suspension

5.1 The Customer must not, and must ensure its Authorized Users do not:

use the Service in breach of Applicable Law, including the PDPL, the Anti-Cyber Crime Law and the Labor Law;

upload data the Customer has no right to process, or use the Service for unlawful surveillance or discrimination;

upload malicious code, or probe, scan, overload or attempt to bypass the Service's security;

copy, resell, sublicense, reverse engineer or build a competing product from the Service, except where Applicable Law expressly allows it;

access the Service by automated means (scraping, bots) other than through Bench's published APIs; or

use the Service in a way that exposes Bench to legal or regulatory liability or reputational harm.

5.2 Suspension. Bench may suspend all or part of the Service on reasonable grounds involving overdue payment, security threats, abuse, material breach, unlawful activity, or a binding direction of a competent authority. Prior notice will be given where lawful and reasonably feasible. Bench may limit suspension to affected features where feasible and will restore access after the cause is resolved. Mandatory legal duties remain unaffected.

5.3 Cooperation with authorities. Bench may disclose Customer Data to a competent public authority when required by Applicable Law or a binding order. Where lawful, Bench will notify the Customer first so it can seek to contest the request.

6. Fees and payment

6.1 The Customer will pay the fees stated in the Order Form or on Bench's pricing page. Unless stated otherwise, fees are billed in advance, in Saudi Riyals, and are non-refundable, including for unused periods or Authorized User seats.

6.2 Fees exclude Value Added Tax and all other taxes, which the Customer will pay in addition. Bench will issue tax invoices in line with ZATCA e-invoicing requirements.

6.3 Where an invoice does not specify another payment date, it is due fourteen (14) days after issuance. Bench may suspend for unpaid undisputed amounts after seven (7) days’ written notice and may recover lawful debt-collection expenses. No interest is charged on overdue fees.

6.4 Bench may amend subscription pricing for a renewal term by notifying the Customer at least thirty (30) days before renewal. A Customer that does not accept the new price may decline renewal in accordance with Section 11.

6.5 The Customer will reimburse Bench's reasonable costs of collecting overdue amounts, to the extent Applicable Law permits.

7. Data protection (Data Processing Addendum)

This section is the Data Processing Addendum and forms part of these Terms.

7.1 Roles. For personal data that the Customer submits or directs Bench to process for its workforce purposes, the Customer is normally the Controller and Bench the Processor. For Bench’s own account, website, billing, support, marketing, and direct business-relationship processing, Bench independently acts as Controller as described in the Privacy Policy. A label in this contract does not displace a role imposed by applicable law.

7.2 Instructions. Bench processes Customer Personal Data only to perform, protect, maintain, support, troubleshoot and deliver the Service and documented Customer instructions, including the narrowly defined anonymization instruction in Section 8.3. The Terms, Order Form and Customer configurations constitute the documented instructions unless agreed otherwise. Processing for a separate purpose requires an independent lawful basis and appropriate authorization. Bench may also process data where Saudi law requires, notifying the Customer unless legally prohibited.

7.3 Confidentiality and security. Bench will bind personnel authorized to access Customer Personal Data to confidentiality and maintain organizational, administrative and technical safeguards appropriate to the nature and risks of processing, as required by PDPL Article 19 and its Implementing Regulations. Access to health records is restricted to those with a necessary work-related need, and the Customer must apply appropriate user permissions for its personnel. Bench is not an insurer of security and does not promise that unauthorized access is impossible. Details of available security controls may be requested through support@bench.sa.

7.4 Subprocessors. The Customer gives general authorization for Bench to use subprocessors necessary to provide the Service, subject to equivalent protective obligations, accountability and applicable transfer rules. Bench will maintain an identified subprocessor register describing material recipients and their processing locations and make it available to Customers on request at support@bench.sa. Bench will give fourteen (14) days’ advance notice of material additions where feasible. A Customer may raise reasonable documented PDPL objections; if unresolved, the Customer may terminate the affected paid Service and receive a prorated refund of unused prepaid fees, as its contractual remedy, subject to mandatory law.

7.5 International transfers and foreign-law exposure. Customer Personal Data may be transferred outside Saudi Arabia only as permitted by PDPL Article 29 and its applicable transfer regulation. Bench will observe applicable transfer conditions and safeguards, including any required written standard contractual clauses; acceptance of these Terms alone does not establish those safeguards. Bench will not comply with foreign-authority demands in a way that violates Saudi law. The Customer may request information about foreign jurisdictions affecting subprocessors and associated compliance risks through support@bench.sa. Customer-specific localization obligations require an accepted written addendum.

7.6 Security-incident notification. Bench will notify the Customer without undue delay, and aims to do so within forty-eight (48) hours after becoming aware of a confirmed Personal Data Breach affecting Customer-controlled Personal Data, giving reasonably available information and further updates as obtained. Bench will cooperate so the Customer can satisfy any applicable SDAIA notification duties, including the seventy-two (72) hour obligation where triggered by the Implementing Regulations. Notification is not an admission of liability.

7.7 Assistance. Taking into account the nature of the Processing, Bench will provide reasonable assistance with Data Subject requests, impact assessments and regulator inquiries. Assistance beyond the Service's self-service tools may be charged at Bench's then-current rates.

7.8 Compliance information and audits. Bench will provide reasonably available information needed to demonstrate compliance with its processor obligations, subject to confidentiality and the security of other customers. Any Customer audit requires reasonable advance notice, an agreed scope, noninterference with operations and protection of third-party information; mandatory regulator rights are unaffected. Extraordinary assistance may be charged where lawful and separately agreed.

7.9 Deletion and return. On expiry or termination, the Customer may retrieve available Customer Data during the thirty (30) day export period described in Section 11.4. Bench will then delete or lawfully anonymize active Customer Personal Data within sixty (60) further days, unless the law requires or permits justified retention. Protected backup copies may remain until scheduled rotation and will not be restored to active systems except when legitimately required. These periods must correspond to Bench’s implemented retention arrangements.

7.10 Processing details.

7.11 Regulated customers. Public entities, financial institutions and other regulated Customers must disclose their applicable procurement, cybersecurity, classification and localization obligations before onboarding and agree any required additional written terms. These Terms do not by themselves promise Saudi-only hosting or compliance with an industry-specific cloud regime. Where applicable law prohibits data use for benchmarking, Section 8.3 is inoperative for the affected data.

7.12 Security incidents and allocation of costs. Bench shall investigate, contain and address security incidents within its control and meet the legal and contractual obligations in Sections 7.3 and 7.6. No absolute guarantee against cyberattacks or breaches is given. As between the parties, and subject to Sections 10.3–10.4 and mandatory law, Bench is not liable for incidents that occur without a breach of its applicable security obligations; the Customer remains responsible for its own regulatory and employment obligations and associated costs. Nothing excludes Bench’s own statutory liability or independent duties.

7.13 Customer security duties. The Customer will activate multi-factor authentication for administrators where offered, remove former users promptly, prevent credential sharing, protect its devices and systems, and review integration permissions. The Customer assumes responsibility for losses caused by its compromised accounts, phishing of its personnel, or its systems and configurations, except to the extent Bench independently caused the loss.

8. Intellectual property and data rights

8.1 Bench's IP. Bench and its licensors own all rights in the Service, including its software, design, documentation and trademarks, and all improvements to them. These Terms grant the Customer only a limited, non-exclusive, non-transferable right to use the Service for its internal business purposes during the subscription term. All other rights are reserved.

8.2 Customer Data. Between the parties, the Customer retains its rights in Customer Data. It grants Bench a worldwide, non-exclusive, royalty-free permission to access, host, reproduce, process, display, transmit and back up Customer Data as needed to provide, secure and support the Service and carry out authorized Customer instructions, subject to Section 7 and applicable law. No ownership of identifiable employee personal data passes to Bench.

8.3 Aggregated Data and commercial intelligence. The Customer gives Bench a standing, documented instruction, to the extent permitted by its lawful basis and privacy notices, to process the minimum non-sensitive Customer Data necessary to create genuinely anonymized, aggregated statistics. Before external disclosure Bench will take proportionate steps to prevent direct or indirect re-identification, including suppression of small groups and unusual outliers and exclusion of employer-identifying confidential details. Replacing names with identifiers is not anonymization. Once created lawfully and genuinely anonymized, these non-personal statistical outputs may be owned, combined, retained, analysed, licensed, published, supplied to third parties and commercialized by Bench during and after the subscription, without royalty. This permission does not authorize an otherwise unlawful initial processing operation, disclosure of sensitive data, or identification of an employee or Customer.

8.4 Feedback. If the Customer or its users give suggestions or feedback, Bench may use them freely without restriction or payment.

8.5 Customer name and logo; automatic publicity licence. By enrolling in any Bench subscription, including a free plan or trial, the Customer represents that it has authority to grant, and grants, Bench a non-exclusive, worldwide, royalty-free, non-transferable permission to use the Customer’s legal name, trade name, logo and trademarks solely to identify it as a Bench customer or user in Bench’s website, customer directories, pitches, proposals, case-study customer lists, events, presentations, social-media posts, sales materials and paid or unpaid advertising. No further approval or opt-out is required during the subscription unless mandatory law or a negotiated Order Form expressly provides otherwise. Bench shall reproduce the marks accurately, without materially altering their appearance, and shall not assert the Customer endorses or recommends Bench or make substantive claims attributed to the Customer without separate written permission. New uses will cease no later than sixty (60) days after termination; already distributed print material and archived publications need not be recalled, but ongoing paid advertisements and active customer-logo listings under Bench’s control will be discontinued within that period. The Customer warrants that it is authorized to grant this permission and that the marks do not infringe third-party rights. No employee name, portrait or other Personal Data is licensed by this Section.

9. Changes, availability and third-party services

9.1 Changes to the Service. Bench may add, modify, update or discontinue Service features. For material removal of paid core functionality, Bench will provide thirty (30) days’ advance notice where feasible. If the Customer does not accept the change, it may terminate the materially affected paid Service and receive a prorated refund for unused prepaid time as its contractual remedy, subject to mandatory law.

9.2 Availability and service credits. Bench does not warrant continuous, timely, uninterrupted or error-free access. Scheduled or emergency maintenance, releases, hosting or cloud failures, internet or telecom outages, security incidents, cyberattacks and other events may interrupt access or degrade performance. The Customer remains responsible for contingency planning for payroll, attendance and government filing deadlines. To the fullest extent permitted by law and subject to Section 10.4, Bench excludes contractual liability for outages, interruption, slowness and resulting losses. A service credit is payable only when expressly provided in an accepted Order Form or service-level agreement. The aggregate credit for an affected month shall not exceed ten percent (10%) of that month’s equivalent subscription fee, calculated as the annual subscription fee divided by twelve (12); credits offset future invoices only and are not payable in cash. For a SAR 5,000 annual subscription, this ceiling is SAR 41.67 per affected month.

9.3 Automated and AI features. Bench may supply automated summaries, assessments, insights, recommendations or calculations. These outputs can be incorrect or incomplete and are not professional legal, payroll or employment advice. The Customer must ensure meaningful human review before using an output for a decision materially affecting an individual and remains responsible for its employment decisions. AI service providers are subject to Section 7 where acting as processors. Bench will not use identifiable Customer Personal Data to train general-purpose or cross-customer models without separate written Customer authorization and a valid legal basis for the specific processing, including any required individual consent.

9.4 Third-party services. The Service may connect to third-party products such as payroll providers, banks, government portals (for example Mudad, Qiwa or GOSI) or identity providers. The Customer enables these at its choice. Bench is not responsible for third-party services, their availability, or how they handle data, and their own terms apply.

9.5 Errors and calculations. Calculations and reports, including payroll, leave, overtime, end-of-service, social-insurance and wage-protection outputs, may be inaccurate. The Customer must independently verify their accuracy and legal suitability before making payment or submitting filings. Errors should be reported promptly, preferably within fourteen (14) days after discovery, with sufficient details to permit investigation. Bench may correct or rerun affected outputs as the principal contractual remedy. Bench is not liable for losses attributable to the Customer’s failure to perform required reviews or correct known errors, subject to Sections 10.3–10.4 and rights that cannot lawfully be excluded.

9.6 Data loss, backups and exports. Bench does not guarantee that data will never be lost, corrupted or destroyed. Bench’s operational backups serve disaster recovery, and no particular recovery point or recovery time is guaranteed unless stated in an accepted written service-level agreement. Following a data-loss event Bench will use commercially reasonable efforts to restore affected data from the latest usable backup or other reasonably available means. Except for liability that cannot legally be limited, Bench is not liable for unrecoverable data, rebuilding data or the Customer’s independent statutory record-retention obligations. The Customer must regularly export and retain copies of legally required payroll, HR and accounting records. Bench’s security, incident-notification and legally mandated duties remain in force.

10. Disclaimers, liability and indemnities

10.1 Disclaimer. To the fullest extent Applicable Law permits, the Service is provided "as is" and "as available". Bench makes no warranty, express or implied, including of merchantability, fitness for a particular purpose, accuracy, or that the Service will meet the Customer's requirements or legal obligations.

10.2 Excluded losses. Subject to Section 10.4 and mandatory Saudi law, Bench is not liable to the Customer for indirect, incidental, special or consequential loss, lost profits or revenue, lost business or anticipated savings, business interruption, data loss or corruption or reconstruction expense, or fines, penalties and compensation imposed on the Customer by authorities, employees or other persons. These are contractual allocations of loss only and do not restrict statutory rights of third parties.

10.3 Bench-only aggregate cap. For claims that may lawfully be capped, Bench’s aggregate liability to the Customer arising from or relating to the Service during any twelve (12) month subscription period is limited to the lesser of: (a) three (3) months of the annual subscription fee for the affected Service, calculated as one quarter of the annual fee without regard to the date on which the Customer paid it, excluding VAT; or (b) SAR 50,000. For illustration, on a SAR 5,000 annual subscription the cap is SAR 1,250. A zero contractual cap applies to free and trial use only where enforceable. Customer obligations, indemnities, fees and liability are not subject to this contractual cap. Separate incidents and legal theories do not multiply the aggregate limit.

10.4 Mandatory exceptions. Nothing in Sections 9–10 excludes or limits Bench’s liability for fraud, intentional misconduct, gross negligence, harmful acts for which liability cannot be contractually excluded under Civil Transactions Law Article 173, or any other liability that cannot lawfully be excluded or limited. The Customer’s payment obligations and indemnity are also unaffected by Bench’s liability ceiling.

10.5 Customer indemnity. To the fullest extent permitted by law, the Customer shall defend and indemnify Bench and its directors, personnel and affiliates against third-party claims, liabilities and reasonable expenses (including lawyers’ fees) arising from Customer Data or lack of a lawful basis, the Customer’s employment decisions, unlawful surveillance or configurations, failure to notify personnel, violations of Sections 4–5, or claims made by employees, candidates and others relating to Customer-controlled processing. This allocation applies only insofar as the underlying obligation is legally transferable and does not require the Customer to indemnify Bench for Bench’s own non-transferable regulatory fines, unlawful acts, fraud, gross negligence, or separate PDPL violations.

10.6 Infringement claims. If a third party claims that the Service, as provided by Bench, infringes its intellectual property rights in the Kingdom, Bench may, at its option and cost: (a) modify the Service so it no longer infringes; (b) obtain a licence for the Customer's continued use; or (c) terminate the affected subscription and refund prepaid fees for the unused period. This is the Customer's sole remedy for infringement claims, and any other liability is subject to section 10.3. This does not apply to claims arising from Customer Data, third-party services, or use of the Service in breach of these Terms.

10.7 Indemnity procedure. A party requesting contractual indemnity must give prompt written notice, provide cooperation and permit the indemnifying party to control a lawful defence. No settlement may admit liability on behalf of the other party or impose non-monetary obligations without prior written agreement. Unreasonably delayed notice relieves the indemnifying party only to the extent materially prejudiced.

10.8 Early claim notice. The Customer shall notify Bench reasonably promptly, preferably within thirty (30) days after becoming aware of an alleged Service defect or claim, to enable evidence preservation and remediation. Delay may be relevant to avoidable loss and prejudice, but does not waive a claim or shorten any statutory limitation period. Applicable limitation periods are determined by Saudi law, including Civil Transactions Law Article 305(1).

10.9 External causes. Bench is not liable for loss caused by Customer instructions, faulty data, configuration, negligent administration or credentials; third-party services and integrations; unreviewed automated outputs; or force majeure, except to the extent that Bench independently breached a mandatory obligation or caused the loss.

10.10 Exclusive contractual remedies. Where enforceable, the remedies expressly provided in the Terms, including correction or re-performance, applicable service credits and limited unused-term refunds, are the Customer’s exclusive contractual remedies for the relevant event. This does not impair non-excludable statutory claims or remedies.

10.11 Opportunity to cure. Except for urgent relief, irreparable harm or mandatory statutory remedies, the Customer must give Bench written details of any alleged contractual non-performance and thirty (30) days to cure. Effective remediation limits further avoidable loss but does not automatically extinguish an accrued, legally non-excludable claim for proven harm.

10.12 Contribution and mitigation. Bench’s responsibility shall be reduced where harm was caused or aggravated by the Customer, its users or third parties, in accordance with applicable Saudi law. The Customer shall take reasonable measures to mitigate avoidable losses and maintain its required independent records.

10.13 Set-off. Bench may set off amounts due from the Customer against amounts Bench owes the Customer, to the extent the claims are legally eligible for set-off under Saudi law.

10.14 Statutory rights and severability. This Section allocates contractual risk between Bench and the Customer, not between Bench and regulators or individual Data Subjects. Nothing restricts PDPL Article 40 compensation rights, SDAIA’s powers or legally non-excludable duties. Invalid parts are severed to the minimum extent required while the lawful remainder remains effective.

11. Term and termination

11.1 These Terms apply upon acceptance and continue during subscriptions. Annual subscriptions renew for successive twelve (12) month periods unless the Order Form says otherwise or either party notifies the other of non-renewal at least thirty (30) days before expiry. The applicable Order Form governs committed fees and any expressly approved variation.

11.2 Either party may terminate on written notice if the other party materially breaches these Terms and does not cure the breach within 30 days of notice, or becomes insolvent or enters bankruptcy proceedings under the Bankruptcy Law.

11.3 Bench may terminate immediately on notice if the Customer seriously or repeatedly breaches section 5, or if continuing to provide the Service would breach Applicable Law or an order of a public authority.

11.4 Export and deletion. For thirty (30) days following termination, the Customer may export available data through supported tools, subject to applicable law and agreed payment terms. Active Customer Personal Data will then be deleted or anonymized within sixty (60) further days except for narrowly justified legal retention. Secure backup copies expire according to backup rotation and remain access-restricted while held. These periods do not override longer statutory retention requirements or the Customer’s legal duty to keep independent records.

11.5 On termination, all rights granted to the Customer end and any unpaid fees become due immediately. Sections 4, 6 (for amounts owed), 7, 8, 10, 11.4, 11.5 and 12 survive termination.

12. General

12.1 Governing law. These Terms are governed by the laws of the Kingdom of Saudi Arabia.

12.2 Governing dispute process. These Terms are governed by Saudi law. The parties shall first seek resolution through thirty (30) days of good-faith executive negotiation. Subject to mandatory jurisdiction, unresolved contractual disputes shall be finally resolved by arbitration administered by the Saudi Center for Commercial Arbitration (SCCA) under its applicable Arbitration Rules. The seat is Riyadh, Saudi Arabia, the language is Arabic, and the tribunal consists of one arbitrator. No award, order or decision made in the arbitration shall be published. Either party may seek legally available interim relief from a competent court.

12.3 Changes. Bench may update these Terms with at least thirty (30) days’ notice for material adverse changes. Such changes take effect on the next renewal unless law requires earlier application or the Customer expressly accepts earlier effect. Routine technical and non-adverse changes may take effect when notified. An accepted Order Form prevails as provided in Section 12.7.

12.4 Language. Bench may make these Terms available in Arabic and English. If both language versions form part of the Customer’s accepted agreement and they conflict, the Arabic version controls. If only one language version has been accepted, that version applies subject to mandatory Saudi law and court requirements.

12.5 Assignment. The Customer may not assign these Terms without Bench's prior written consent. Bench may assign them to an affiliate or to a successor in a merger, acquisition or sale of assets.

12.6 Force majeure. Neither party is responsible for non-performance directly caused by events beyond its reasonable control, including earthquake, flood, fire, epidemic or pandemic and related lawful restrictions, war, hostilities, terrorism, civil unrest, government embargoes or sanctions, export controls, changes in law, prolonged power or internet outages, failures of independent hosting or telecommunications suppliers, non-attributable denial-of-service attacks, and strikes beyond the affected party’s reasonable control. The affected party shall use reasonable mitigation efforts and notify the other party where practicable; only affected obligations are suspended while the event prevents performance. If the Service is materially unavailable for more than sixty (60) consecutive days due to such an event, either party may terminate the affected paid subscription with a refund of unused prepaid Service fees and no other contractual damages, to the extent Saudi law permits. Payment remains due for Service previously supplied.

12.7 Entire agreement and order of precedence. These Terms, any Order Form and the documents they reference are the entire agreement on their subject matter. If they conflict, the Order Form prevails, then these Terms. Terms in a Customer purchase order have no effect.

12.8 Severability and waiver. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. A failure to enforce a right is not a waiver of it.

12.9 Notices. Contract notices to Bench may be sent to support@bench.sa, with a subject line clearly identifying the notice. Bench may notify the Customer through the registered account-administrator email or in-product notice. A notice is effective when delivered to the designated address or system, subject to applicable law.

12.10 Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, employment or joint venture.

12.11 Confidentiality. Each party shall protect the other’s non-public commercial and technical information against unauthorized use or disclosure, subject to permitted Service processing, Section 8.5 publicity rights and lawful disclosure. Only personnel, contractors and advisers with a legitimate need and confidentiality obligations may receive it. Ordinary exceptions apply to independently developed, previously lawfully known or public information. The contractual duty survives for three (3) years; protection for trade secrets and Personal Data continues for as long as applicable law requires, including PDPL Article 41.