TERMS AND CONDITIONS

1. Definitions

• “User”, “you” or “your” means any individual or entity that accesses or uses the Services.
• “Content” means all text, data, software, graphics, images and other materials made available through the Services.
• “Account” means a registered user account required to access certain features of the Services.

2. Eligibility and Account Registration

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into binding contracts.

To use certain Services you may be required to create an Account. You agree to provide accurate, current and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. Notify us immediately of any unauthorized use.

3. Description of Services

Xirect Technologies Ltd provides technology-related products and services (including Software House and Web 3 – Admin & Support Services) as described on our websites or in separate service agreements. We reserve the right to modify, suspend or discontinue any part of the Services at any time, with or without notice.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws (including the laws and regulations of RAK DAO, the Emirate of Ras Al Khaimah and the United Arab Emirates).
• Attempt to gain unauthorized access to any systems, networks or data.
• Interfere with or disrupt the integrity or performance of the Services.
• Upload, transmit or distribute viruses, malware or other harmful code.
• Infringe any intellectual property, privacy or other rights of third parties.
• Use automated means (bots, scrapers, etc.) to access the Services without our prior written consent.
• Reverse-engineer, decompile or attempt to extract source code from any software provided by us (except to the extent permitted by applicable law).

We may suspend or terminate your access if you violate these rules.

5. Fees, Payments and Subscriptions

Certain Services are offered on a paid basis. Fees, billing cycles and payment terms will be stated at the time of purchase or in a separate order form or agreement.

All fees are exclusive of applicable taxes (including VAT) unless otherwise stated. You are responsible for paying all applicable taxes.

Payments are non-refundable except as required by applicable law or as expressly stated in a separate refund policy. We may change prices with reasonable prior notice. Failure to pay may result in suspension or termination of Services.

6. Intellectual Property

All intellectual property rights in the Services, including software, trademarks, logos, designs and Content owned by us or our licensors, remain our exclusive property.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business or personal purposes in accordance with these Terms.

You retain ownership of any content you upload or submit (“User Content”). By submitting User Content you grant us a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce and display such content as necessary to provide and improve the Services.

7. Privacy and Data Protection

Our collection and use of personal data is governed by our Privacy Policy. By using the Services you consent to such processing in accordance with the Privacy Policy and applicable data protection laws, including the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL).

8. Third-Party Services and Links

The Services may contain links to or integrate with third-party websites, applications or services. We are not responsible for the content, privacy practices or availability of any third-party services. Your use of third-party services is subject to their own terms and policies.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XIRECT TECHNOLOGIES LTD AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR AED 1,000 IF NO FEES WERE PAID).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable UAE or Ras Al Khaimah law.

11. Indemnification

You agree to indemnify, defend and hold harmless Xirect Technologies Ltd and its officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

• (a) your use of the Services;
• (b) your violation of these Terms;
• (c) your User Content; or
• (d) your violation of any third-party rights or applicable law.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.

You may stop using the Services at any time. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnification and governing law) shall survive.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor or materials, or failures of telecommunications or internet service providers.

14. Amendments

We may update these Terms from time to time. The updated version will be posted on our website with a revised “Last Updated” date. Continued use of the Services after the effective date of changes constitutes acceptance of the revised Terms. Material changes may be notified to you by email or through the Services where practicable.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws and regulations of the Ras Al Khaimah Digital Assets Oasis Authority (including the Ras Al Khaimah Digital Assets Oasis Company Regulations 2023), the laws of the Emirate of Ras Al Khaimah and the applicable federal laws of the United Arab Emirates, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved amicably through good-faith negotiations. If not resolved within thirty (30) days, the dispute shall be subject to the exclusive jurisdiction of the competent courts of Ras Al Khaimah, United Arab Emirates.

Nothing prevents either party from seeking interim or injunctive relief in any court of competent jurisdiction.

16. Severability

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

17. Entire Agreement

These Terms, together with our Privacy Policy and any additional service-specific agreements or order forms, constitute the entire agreement between you and Xirect Technologies Ltd regarding the Services and supersede all prior agreements and understandings.

18. Waiver

No failure or delay by us in exercising any right under these Terms shall constitute a waiver of that right.

19. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

20. Contact Information

For questions regarding these Terms, please contact us at: