Terms

BIM — Built In Motion is a trade name operated by Distinguished Professional Skills LLC, a limited liability company registered in the Kingdom of Saudi Arabia. All agreements, invoices, and formal communications are issued under Distinguished Professional Skills LLC. References to “BIM” in all documents, agreements, and communications mean Distinguished Professional Skills LLC.

BIM currently serves clients in Saudi Arabia and the GCC. For clients outside this region, services may be provided through Skilled Now LDA (Portugal). The contracting entity is specified in the Agreement.

Subject to the Agreement and these Terms, BIM provides the following performance marketing services:

• Ad campaign management — setup, launch, and continuous optimisation of digital advertising campaigns across selected platforms (Meta, Google, TikTok, Snapchat, Taboola, and others as agreed).
• Creative production — image ads, video ads, UGC-style content, and copy in multiple formats, angles, and hooks, produced using AI-assisted tools at scale.
• Landing page development — a conversion-optimized landing page specific to the client’s niche and offer, connected to tracking, CRM integration, and WhatsApp automation from day one.
• WhatsApp automation — a 60-second automated lead response sequence, qualification flow, and CRM handoff designed to dramatically improve lead-to-appointment rates.
• Performance reporting — regular reporting covering Cost Per Lead against Client’s Max CPL, lead quality metrics, qualification rates, and optimization recommendations.

Advertising platforms are selected based on Client’s Ad Spend level and BIM’s assessment of the most efficient path to Client’s target audience. Not all platforms are launched simultaneously — sequencing is at BIM’s professional discretion. BIM may recommend adding or removing platforms during the engagement based on performance data.

Unless explicitly agreed in writing, BIM does not provide: sales team management or training, CRM platform licences, organic social media management, search engine optimisation (SEO), PR or influencer services, or any services outside the scope defined in the Agreement.

BIM will not commence any work — including ad account audits, creative production, landing page development, or campaign setup — before the Agreement is fully executed by both Parties. Signature is the only valid commitment signal.

A one-time setup fee of SAR 11,250 (approximately USD 3,000) applies to all new engagements, covering full system build including campaigns, creatives, landing page, and WhatsApp automation. The setup fee for any specific Client is as stated in the Agreement. BIM currently waives this fee for qualifying early clients as noted in the Agreement.

BIM operates on a floating spread pricing model. Client pays BIM a Per-Lead Fee for each Qualified Lead delivered. The Per-Lead Fee equals the difference between the Max CPL and the Effective Cost Per Qualified Lead for the Billing Cycle. The Max CPL is derived from Client’s own business economics (LTV, gross margin, marketing cost percentage, and close rate) and agreed before any work commences.

At the end of each Billing Cycle:

1. BIM counts the total number of Qualified Leads delivered during that cycle.
2. The total Ad Spend for the cycle is divided by the number of Qualified Leads to produce the Effective Cost Per Qualified Lead.
3. Per-Lead Fee = Max CPL minus Effective Cost Per Qualified Lead.
4. BIM’s invoice = Per-Lead Fee multiplied by number of Qualified Leads delivered.

The Per-Lead Fee cannot be negative. If the Effective Cost Per Qualified Lead in a Billing Cycle equals or exceeds the Max CPL, BIM’s fee for that cycle is zero. Client is not owed any credit or refund, and BIM does not absorb losses on Ad Spend — Ad Spend is paid directly by Client to the platforms. BIM simply earns no service fee in that cycle.

Each Billing Cycle is evaluated independently. Results, costs, and fees from previous cycles do not carry over. A zero-fee cycle in one period does not reduce the fee owed in a subsequent period, and vice versa. This ensures strong campaign performance periods are not diluted by earlier testing-phase results.

The floating spread creates a direct alignment between BIM’s financial incentive and Client’s outcome. The lower BIM drives the actual cost of acquiring a Qualified Lead, the greater BIM’s margin. BIM has no financial incentive to increase Ad Spend, maintain underperforming campaigns, or count leads that do not meet the agreed definition. Client pays only for results.

All Ad Spend flows directly from Client to the advertising platforms through Client’s own advertising accounts. BIM never invoices, collects, handles, or has access to Client’s Ad Spend funds. Client maintains its own payment method on each platform. All platform costs are visible and verifiable by Client directly in their platform dashboards at all times.

BIM holds editor-level access to Client’s advertising accounts for the sole purpose of delivering the Services. BIM has no ability to charge, withdraw, transfer, or otherwise access Client’s advertising budget. BIM cannot and does not mark up platform costs.

Client must provide BIM with the following access before campaign work commences:

• Editor access to all applicable advertising accounts (Meta Business Manager, Google Ads, and others as agreed).
• Facebook Page access where Meta campaigns are included.
• Domain and DNS access for landing page subdomain configuration.
• Confirmed billing on Client’s advertising accounts (active payment method on file).
• Any brand assets, creative guidelines, product imagery, and audience briefs required for creative production.
• CRM access or API details required for lead handoff automation.

All access must be provided within 5 business days of Agreement execution. Delays in access extend the campaign launch timeline accordingly and do not constitute a breach by BIM.

Client commits to maintaining a minimum monthly Ad Spend as specified in the Agreement. BIM’s ability to deliver Qualified Leads at or below the Max CPL depends on sufficient campaign volume. BIM is not responsible for delivery performance in periods where Ad Spend falls below the agreed minimum.

BIM is not responsible for changes made by advertising platforms to their algorithms, pricing, targeting capabilities, policies, or delivery mechanics. Such changes may affect campaign performance and may constitute grounds for CPL renegotiation under Section 8.

The Qualified Lead Definition is agreed between the Parties and locked in writing in the Agreement before any work commences. It specifies exactly what a Qualified Lead means for Client’s specific business — for example, for a medical aesthetics clinic, a Qualified Lead might be defined as a prospect who submits a consultation request form, provides a valid Saudi mobile number confirmed via WhatsApp within 24 hours, and confirms genuine interest through the automated qualification sequence. The definition is binding and cannot be modified mid-campaign except by written amendment signed by both Parties.

A Qualified Lead is counted in the Billing Cycle in which all qualification criteria are met, regardless of when the originating advertisement was clicked. Leads that are in the qualification process at the end of a cycle are counted in the cycle in which they complete qualification.

Leads that do not meet all criteria in the Qualified Lead Definition are not counted and are not charged. This includes leads with invalid or unreachable contact numbers, leads who explicitly withdraw interest within 24 hours of first automated contact, and any leads failing other agreed criteria.

WhatsApp interaction records, CRM data, platform lead records, and landing page submission data serve as the objective evidence base for any lead qualification question. BIM retains records of all leads generated under the Agreement for a minimum of 90 days from generation date.

Client may dispute the qualification of any lead within 7 calendar days of the invoice date by submitting written notice identifying the specific lead(s) disputed and the specific criterion alleged to be unmet, with reference to the Qualified Lead Definition. Disputes are resolved by reference to the objective evidence described in Section 6.4. Leads not disputed within 7 days of invoice are deemed accepted and payable.

BIM does not guarantee a minimum number of Qualified Leads per Billing Cycle or per month. Lead volume depends on Ad Spend levels, market conditions, platform performance, audience behaviour, the competitiveness of Client’s offer, and the conversion quality of Client’s sales process. BIM optimises continuously toward Client’s Max CPL but cannot guarantee outcomes.

BIM issues invoices at the end of each Billing Cycle. Each invoice states: the period covered, the number of Qualified Leads delivered and verified, the Per-Lead Fee, and the total amount due. All invoices are denominated in Saudi Riyal (SAR) and issued under Distinguished Professional Skills LLC.

Billing Cycles and payment terms are as specified in the Agreement. Standard terms are bi-weekly billing from day one, with each cycle evaluated independently. Payment is due within 7 days of invoice date. After the threshold specified in the Agreement (typically 100 Qualified Leads or 60 days from campaign launch, whichever occurs first), payment terms convert to Net 30.

Payments are made by bank transfer to Distinguished Professional Skills LLC’s designated SAR bank account. Account details are included on each invoice. BIM does not currently accept credit card payments.

Invoices not paid within the applicable payment period accrue interest at the rate specified in the Agreement on the outstanding balance, calculated monthly. BIM reserves the right to suspend Services upon 5 business days’ written notice if any invoice remains unpaid past its due date. Suspended Services resume upon payment of all outstanding amounts.

All fees are exclusive of VAT and any other applicable taxes or levies. Where required by law, VAT will be added to invoices at the applicable rate. Each Party is responsible for its own tax obligations arising from this engagement.

Either Party may request renegotiation of the Max CPL and/or Per-Lead Fee if advertising platform costs have moved materially — defined as a greater than 20% sustained change in the rolling 14-day average Effective Cost Per Qualified Lead compared to the baseline established in the first 14 days of the campaign. Either Party may also invoke this right immediately following any Billing Cycle in which BIM’s fee is zero.

The requesting Party must provide written notice. The Parties commit to negotiate in good faith within 14 days of such notice. If no agreement is reached within that period, either Party may terminate the Agreement under Section 15.

Any renegotiated rates apply from the date of written agreement between the Parties. Renegotiation does not apply retroactively to previously invoiced Billing Cycles.

Digital advertising platforms typically require a learning phase of 14–28 days following campaign launch during which the platform’s algorithm optimises delivery. During this period, CPLs are commonly higher than steady-state performance. This is a normal and expected feature of performance marketing, not a service failure. BIM works to shorten the learning phase through structured testing protocols, but cannot eliminate it.

BIM systematically tests multiple creative angles, copy variations, and audience segments to identify the highest-performing combinations. Initial creative performance should be treated as directional data, not final performance benchmarks.

Optimal campaign performance requires timely cooperation from Client, including: prompt feedback on creative approvals, accurate and up-to-date information about offers and target audiences, timely responses to qualification leads by Client’s sales team, and prompt reporting of issues with lead quality or qualification sequence behaviour. Delays or inaccuracies from Client’s side that affect campaign performance do not entitle Client to dispute fees or request renegotiation.

All advertising creative assets (images, videos, copy), landing pages, WhatsApp automation sequences, campaign structures, tracking configurations, and other deliverables developed specifically for Client under this Agreement are Client’s property from the date of creation. Client retains full ownership of all such assets upon termination of the Agreement, regardless of the reason for termination.

BIM retains ownership of its proprietary methodologies, frameworks, production systems, automation templates, AI tooling configurations, reporting architecture, and know-how developed independently of this specific engagement. Client’s ownership of deliverables described in Section 10.1 does not extend to BIM’s underlying intellectual property or general-purpose systems.

Client grants BIM a limited, non-exclusive licence to use Client’s brand assets, logos, images, and content solely for the purpose of delivering the Services. This licence terminates automatically upon termination of the Agreement.

Within 5 business days of Agreement termination, BIM will remove its access from all Client advertising accounts and platforms. BIM will retain no ongoing access to Client’s accounts, data, or assets following termination.

Client must provide BIM with accurate, complete, and up-to-date information about its business, target audience, products, pricing, offer mechanics, and any other information relevant to campaign execution. Inaccurate information that affects campaign performance does not entitle Client to dispute fees.

Client must provide all required platform access, brand assets, and onboarding information within 5 business days of Agreement execution. BIM’s ability to launch campaigns and deliver Qualified Leads is directly contingent on Client providing complete and accurate access on time.

Client is solely responsible for ensuring that its products, services, offers, and any content it provides to BIM comply with: all applicable Saudi Arabian laws and regulations; all relevant advertising platform policies (Meta, Google, and others); all sector-specific regulations (including Saudi health authority regulations for medical advertising, and real estate authority regulations for property advertising); and any other applicable legal requirements. BIM may suspend or halt campaigns without notice if it reasonably believes content violates applicable law or platform policy.

Client must maintain the minimum monthly Ad Spend specified in the Agreement. BIM is not responsible for performance shortfalls resulting from Ad Spend reductions made without BIM’s written agreement.

Client is solely responsible for following up with Qualified Leads delivered by BIM, including the speed and quality of that follow-up. BIM’s WhatsApp automation handles the initial 60-second response and qualification sequence — conversion of Qualified Leads into paying customers is Client’s responsibility. BIM’s performance metrics relate to Qualified Lead delivery only.

Client may not use BIM’s Services to advertise illegal products or services, engage in deceptive or misleading advertising, target minors, or violate the rights of any third party. BIM reserves the right to immediately terminate the Agreement without notice if Client breaches this provision.

Each Party shall keep confidential all non-public information of the other Party disclosed in connection with the Agreement and these Terms, including business strategies, financial data, campaign performance data, client information, technical methodologies, pricing structures, and any information marked confidential or which a reasonable person would understand to be confidential.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving Party; (b) was already known to the receiving Party before disclosure; (c) is independently developed by the receiving Party without reference to the disclosing Party’s confidential information; or (d) must be disclosed by applicable law or regulation, provided the disclosing Party gives prior written notice where legally permitted.

Confidentiality obligations survive termination of the Agreement for a period of 2 years.

BIM may reference Client’s name and general engagement outcomes (e.g., “we work with medical aesthetics clinics in Riyadh”) for marketing and business development purposes, unless Client requests otherwise in writing. BIM will not disclose specific campaign metrics, CPL figures, or financial terms without Client’s explicit written consent.

BIM represents and warrants that: (a) it has full legal authority to enter into the Agreement; (b) the Agreement does not conflict with any other obligation to which BIM is bound; (c) it will perform Services professionally and in a manner consistent with industry standards; and (d) it will not use Client’s advertising accounts for any purpose other than the Services described in the Agreement.

Client represents and warrants that: (a) it has full legal authority to enter into the Agreement; (b) it has the authority and right to grant BIM the access described in Section 5.3; (c) all information provided to BIM is accurate and complete; (d) Client’s products and services comply with all applicable Saudi laws and advertising regulations; and (e) the Agreement does not conflict with any other obligation to which Client is bound.

BIM does not warrant or guarantee specific revenue outcomes, conversion rates, sales volumes, return on ad spend, or any other downstream business result beyond the delivery of Qualified Leads as defined. Performance marketing results depend on numerous factors outside BIM’s control, including market conditions, Client’s offer quality, pricing, sales team performance, and competitor behaviour.

To the maximum extent permitted by applicable law, neither Party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to the Agreement or these Terms, including loss of revenue, loss of profits, loss of business, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.

BIM’s total aggregate liability to Client under or in connection with the Agreement and these Terms shall not exceed the total fees paid by Client to BIM in the three calendar months immediately preceding the event giving rise to the claim.

Client shall indemnify, defend, and hold harmless BIM and its directors, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) Client’s breach of these Terms or the Agreement; (b) Client’s violation of any applicable law or advertising platform policy; (c) any claim that Client’s products, services, or content infringe the rights of any third party; or (d) inaccurate information provided by Client that causes BIM to act in reliance on it.

The Parties acknowledge that the liability limitations in this Section reflect a reasonable allocation of risk and are an essential element of the commercial basis of the Agreement.

Either Party may terminate the Agreement at any time by providing 14 days’ written notice to the other Party. No reason is required.

Either Party may terminate the Agreement immediately upon written notice if the other Party: (a) materially breaches the Agreement or these Terms and fails to cure that breach within 10 business days of written notice; (b) becomes insolvent, enters bankruptcy proceedings, or ceases to operate as a going concern; or (c) violates Section 11.6 (Prohibited Use). BIM may terminate immediately without notice if Client violates applicable law or advertising platform policies in a way that puts BIM’s platform access at risk.

Upon termination for any reason: (a) BIM shall cease all campaign activity on the termination date; (b) all outstanding invoices for Qualified Leads delivered up to the termination date become immediately due and payable; (c) Client retains full ownership of all assets built under the Agreement per Section 10.1; (d) BIM will remove its access from Client’s accounts within 5 business days; and (e) each Party’s confidentiality obligations under Section 12 survive.

Sections 10 (Asset Ownership), 12 (Confidentiality), 13 (Warranties), 14 (Limitation of Liability), 15.3 (Effect of Termination), 17 (Governing Law), and 18 (General Provisions) survive termination of the Agreement.

BIM collects and processes personal data of Leads (names, phone numbers, WhatsApp interactions) on behalf of Client for the purpose of qualifying and delivering leads under the Agreement. Client is the data controller. BIM acts as a data processor in this context.

Client is responsible for ensuring that the collection and processing of lead data through BIM’s systems complies with all applicable data protection laws, including any Saudi Arabian personal data protection requirements. Client must ensure that its landing pages and lead forms include appropriate privacy notices and consent mechanisms.

BIM retains lead data for a minimum of 90 days after generation (for dispute resolution purposes) and then deletes it unless otherwise required by law or agreed in writing. Client may request earlier deletion of specific lead data, subject to BIM’s legal obligations.

These Terms and the Agreement are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.

The Parties shall attempt to resolve any dispute arising out of or relating to these Terms or the Agreement through good faith negotiation within 30 days of written notice of the dispute. If negotiation fails, disputes shall be referred to the competent courts of Riyadh, Kingdom of Saudi Arabia.

These Terms are published in English. An Arabic version will be made available. Once published, in the event of any inconsistency between the English and Arabic versions, the Arabic version shall prevail for engagements governed by Saudi law.

The Agreement and these Terms together constitute the entire agreement between the Parties regarding their subject matter and supersede all prior negotiations, representations, warranties, and agreements, whether oral or written.

No amendment to the Agreement is valid unless made in writing and signed by authorised representatives of both Parties. BIM may update these Terms from time to time as described in Section 19.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court, the remaining provisions shall continue in full force and effect.

Failure by either Party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Electronic signatures on the Agreement are valid, binding, and have the same legal effect as original handwritten signatures.

These Terms do not create any rights enforceable by any person who is not a party to the Agreement.

All formal notices under these Terms or the Agreement must be in writing and delivered by email (with read receipt or delivery confirmation) or registered mail to the contact details specified in the Agreement or as updated by written notice.

BIM may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. The current version is always available at builtinmotion.io/terms.

Updates to these Terms apply to new Agreements signed after the update date. For Clients with active signed Agreements, the Terms incorporated at signing remain in effect for that Agreement unless both Parties expressly agree in writing to adopt updated Terms.

BIM will notify active Clients of material changes to these Terms by email to the address provided in their Agreement, at least 14 days before those changes take effect for any future agreements.