Terms of Service

1. Acceptance of Terms

By accessing the DXBMARK website at https://www.dxbmark.com, requesting services, creating an account, or using any DXBMARK service, you agree to be bound by these Terms of Service and all other policies referenced herein. If you do not agree to these terms, do not access or use DXBMARK services.

These terms apply to all DXBMARK customers, whether you are a business customer, individual customer, website visitor, prospective client, or authorized user.

2. Company and Services Description

DXBMARK's primary business is software, systems, infrastructure, automation, and technical delivery. DXBMARK is not primarily a single SaaS product company. However, DXBMARK may design, develop, own, license, or operate SaaS products under DXBMARK or separate product brands. Where applicable, product-specific SaaS services, subscription terms, pricing, support rules, privacy notices, or acceptable use requirements may be governed by separate product-specific terms published on the relevant product website or documentation.

DXBMARK is a technology and digital systems company. DXBMARK is not a digital marketing agency, design agency, or advertising company.

3. Services Scope

DXBMARK services may include but are not limited to:

• Custom software development and coding
• SaaS platform design, development, and access
• Website and web application development
• Web hosting, domain registration, and deployment support
• Cloud infrastructure setup and management
• Automation, integrations, and API development
• Dashboards, portals, and operational tools
• CRM, ERP, booking, and internal management systems
• AI-assisted automation and digital solutions
• Technical support, consulting, and advisory services
• Managed digital infrastructure and DevOps support
• IT consultancy and system architecture
• Digital deliverables, documentation, and related materials

The specific scope of work for any engagement is determined by the relevant proposal, statement of work, invoice, purchase order, contract, or other written agreement between DXBMARK and the customer.

4. Custom Agreements Take Precedence

Where DXBMARK provides custom development, consulting, hosting, infrastructure, support, managed services, or project-based work under a proposal, statement of work, invoice, order form, contract, or other written agreement, that specific document may contain additional commercial, technical, payment, delivery, support, or ownership terms.

If there is a conflict between these general Terms of Service and a specific written agreement for a specific engagement, the specific written agreement will apply to that engagement, unless these Terms expressly state otherwise or applicable law requires otherwise.

Customers are responsible for reviewing any written agreement before accepting services or making payment.

5. Eligibility

You represent and warrant that:

• You are at least 18 years of age or of legal age in your jurisdiction
• You have the legal authority to enter into these terms on behalf of your organization or yourself
• Your use of DXBMARK services complies with all applicable laws and regulations in your jurisdiction and in any jurisdiction where you conduct business
• You are not subject to sanctions, export restrictions, or legal prohibitions that would prevent your use of DXBMARK services

If you are acting on behalf of an organization, you warrant that you have the authority to bind that organization to these terms.

6. Account Registration and Security

6.1 Account Creation

To access certain DXBMARK services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Keep your account credentials secure and confidential
• Not share your account with unauthorized users
• Notify DXBMARK immediately of any unauthorized access or security breach
• Accept full responsibility for all activities that occur under your account

6.2 Password and Credentials

You are solely responsible for maintaining the confidentiality of your password, API keys, access tokens, and other authentication credentials. DXBMARK will not be responsible for unauthorized access resulting from your failure to protect your credentials. You agree not to share credentials with unauthorized users and to promptly inform DXBMARK of any suspected compromise.

6.3 Account Termination

DXBMARK reserves the right to suspend or terminate your account if you are in material breach of these terms, if your account is dormant for an extended period, or if your account is being used in violation of applicable law or these terms.

7. Payment and Billing

7.1 Payment Terms

Unless otherwise stated in a written proposal or invoice, DXBMARK's standard payment terms are:

• Subscriptions and recurring services: charged on the recurring billing date using the payment method on file
• Project-based work: as specified in the relevant proposal or invoice
• Consulting and support: hourly or as specified in the relevant engagement terms
• Custom development: milestone-based, project-based, or as agreed in writing

Milestone Payment Schedule: Unless otherwise agreed in writing, project-based work may be billed in milestones. A typical payment schedule may include:

• An initial deposit before work begins (commonly 30–50% of the agreed total)
• One or more milestone payments at agreed project stages
• A final payment due before final delivery, production launch, transfer of files, or release of administrative access

The specific milestone schedule will be set out in the relevant proposal, invoice, statement of work, or order form.

7.2 Payment Methods

DXBMARK may accept payment by credit card, debit card, online payment processor, bank transfer, wire transfer, digital wallet, or any other payment method stated on the invoice, checkout page, proposal, order form, or written payment instructions.

Card, wallet, online checkout, subscription, payment-link, and digital wallet payments may be processed by third-party payment processors and supported payment methods made available from time to time, including Stripe, PayPal, Link, card networks, Apple Pay, Google Pay, banks, or other payment providers. Available payment methods may vary by country, currency, customer location, payment provider availability, risk review, and service type.

DXBMARK does not store full card numbers, CVV codes, or full payment credentials. Payment providers apply their own terms, privacy notices, compliance checks, fraud prevention measures, and payment processing rules.

7.3 Currency and Pricing

• Bank charges, card processing charges, and wire transfer fees charged by their own bank, card issuer, or payment provider
• Currency conversion fees and exchange-rate differences applied by their payment provider or bank
• Any local taxes, duties, or surcharges applicable in their jurisdiction

DXBMARK records payments based on the USD amount due and/or the USD amount received, depending on the payment arrangement. Customers may pay using local payment methods or local currencies through supported payment providers where available. Currency conversion, bank charges, and exchange-rate differences are the responsibility of the customer's bank or payment provider.

7.4 Taxes

Customers are responsible for any applicable sales tax, value-added tax (VAT), goods and services tax (GST), consumption tax, withholding tax, or other taxes on DXBMARK services. DXBMARK may collect taxes where required by applicable law. Customers are responsible for determining their tax obligations in their jurisdiction.

7.5 Failed Payments and Automatic Retry

If a payment fails, DXBMARK may attempt to retry the payment using the payment method on file. If payment fails after retry attempts, DXBMARK may suspend or cancel services until payment is received. Customers are responsible for maintaining a valid payment method.

7.6 Billing Disputes

If you dispute a charge, notify DXBMARK within 30 days of the charge at accounts@dxbmark.com. DXBMARK will investigate the dispute and may request documentation to support your claim.

8. Intellectual Property Rights

8.1 DXBMARK Intellectual Property

DXBMARK retains full ownership of its pre-existing intellectual property, including but not limited to:

• Know-how, methodologies, and technical expertise
• Reusable code, software libraries, frameworks, and components
• Templates, scripts, automation logic, and deployment workflows
• Internal tools, documentation structures, design systems, and processes
• Techniques, algorithms, and general technical methods
• Any materials created by DXBMARK prior to or independent of any customer engagement

8.2 Limited License to Customers

Subject to full payment of all fees and any agreed license terms, customers receive only the intellectual property rights expressly stated in the relevant proposal, statement of work, invoice, or written agreement. No intellectual property rights are transferred or granted until all applicable fees are fully paid and the customer is not in material breach of this agreement.

Unless expressly stated otherwise in a written agreement, customers receive a limited, non-exclusive, non-transferable license to use DXBMARK services and deliverables only for their internal business purposes.

8.3 Delivery and Handover

Unless otherwise agreed in a specific written agreement, DXBMARK's delivery obligation is limited to the deliverables described in the relevant proposal, statement of work, or invoice. The following are provided only to the extent expressly agreed in writing and after all applicable fees are fully paid:

• Source code ownership or transfer
• Administrative access or ownership credentials
• Deployment access or server control
• Documentation and technical handover
• Intellectual property assignment or transfer

DXBMARK may retain the right to use general knowledge, skills, methodologies, and techniques acquired during any engagement for other purposes, provided it does not disclose confidential customer information.

8.4 Customer Content

Customer-created content, data, configurations, custom materials, and information provided by the customer remain the property of the customer or the relevant rights holder. DXBMARK may use customer content only to provide the agreed services and to comply with legal obligations.

8.5 Reusable Components

If DXBMARK incorporates pre-existing or reusable code, frameworks, libraries, templates, components, or methodologies into custom deliverables, DXBMARK retains ownership of those reusable elements. Customers receive a license to use the integrated solution but do not receive ownership of the underlying reusable components.

8.6 Source Code and Technical IP Protection

Unless expressly agreed otherwise in a written proposal, statement of work, service agreement, or intellectual property assignment, DXBMARK retains ownership of its pre-existing source code, reusable components, software libraries, frameworks, templates, automation logic, deployment workflows, technical know-how, development methods, internal tools, and general technical expertise.

Customer rights to source code, repositories, administrative access, deployment credentials, and technical handover materials are limited to the rights expressly granted in the applicable written agreement and are subject to full payment of all applicable fees.

DXBMARK may protect source code and technical materials through access controls, private repositories, license terms, confidentiality restrictions, code review controls, credential management, and other reasonable technical and contractual safeguards.

8.7 Third-Party Intellectual Property

Customers are responsible for ensuring that any content, data, materials, or information they provide to DXBMARK does not infringe third-party intellectual property rights, trademarks, copyrights, trade secrets, or other rights. Customers indemnify DXBMARK against claims arising from customer-provided materials.

Customers are solely responsible for ensuring that all customer-provided materials are owned by the customer, properly licensed, or otherwise legally authorised for use in the applicable project, service, website, application, automation, integration, proposal, deliverable, or support request.

Customer-provided materials include, without limitation, logos, brand assets, images, photographs, videos, audio, text, copy, fonts, datasets, software, source code, design files, documents, product information, social media materials, website content, business information, customer data, third-party assets, and any other materials supplied, uploaded, submitted, referenced, approved, or instructed by the customer.

DXBMARK is not responsible for independently verifying ownership, licensing, copyright clearance, trademark clearance, font licensing, image licensing, model releases, stock asset rights, software license rights, dataset rights, or third-party usage rights for customer-provided materials unless expressly agreed in writing as a separate legal, licensing, or compliance review service.

DXBMARK may rely on customer instructions and customer-provided materials in good faith. The customer accepts full responsibility for any third-party claims, copyright complaints, trademark complaints, licensing disputes, takedown requests, platform enforcement actions, provider suspensions, legal fees, losses, damages, or other liabilities arising from customer-provided materials, customer instructions, or the customer's use of DXBMARK services or deliverables.

DXBMARK may refuse to use, remove, disable, suspend, replace, or request replacement of any material that DXBMARK reasonably believes may infringe third-party rights, violate platform rules, breach applicable law, create security risk, create reputational risk, or trigger a copyright, trademark, licensing, takedown, or provider complaint.

Any delay, additional work, replacement work, legal review, reconfiguration, redesign, redevelopment, reupload, migration, or provider communication caused by customer-provided materials or third-party rights issues may be treated as out-of-scope work and may require additional fees, revised timelines, or a change request.

9. Customer Responsibilities

9.1 Lawful Use

Customers must use DXBMARK services only for lawful purposes and in compliance with:

• These Terms of Service and all referenced policies
• Applicable laws and regulations in their jurisdiction
• The rights of third parties

9.2 Client Responsibilities and Dependencies

Project timelines, delivery milestones, and service quality depend on timely customer participation. Customers are responsible for:

• Providing timely feedback, instructions, approvals, and decisions
• Supplying required content, materials, assets, branding, and documentation on schedule
• Granting necessary platform access, credentials, and permissions
• Coordinating their own team members, third parties, and stakeholders
• Responding to DXBMARK communications within agreed or reasonable timeframes

DXBMARK is not responsible for delays, cost overruns, or incomplete deliverables caused by late customer responses, missing materials, unapproved changes, third-party platform delays, or customer-side technical issues. Where customer delays materially affect the project, DXBMARK may adjust timelines, charge for additional time spent, or revise the scope accordingly.

9.3 Credentials and Access Management

Where customers provide access credentials, API keys, tokens, hosting access, code repositories, third-party platform accounts, or authentication details:

• Customers are responsible for ensuring that access is authorized and lawful
• Customers must limit access to what is strictly necessary for the service
• Customers must revoke access when no longer needed or when the engagement ends
• DXBMARK may request role-based, temporary, or least-privilege access where practical
• Customers must not provide production credentials, highly sensitive personal data, or special category data unless strictly necessary and agreed in writing

9.4 Third-Party Platform Compliance

Some DXBMARK services may require or involve third-party platforms such as hosting providers, domain registrars, payment processors, CRM tools, analytics tools, email providers, automation platforms, AI tools, app stores, APIs, or cloud services.

• Customer use of those third-party tools is subject to the provider's own terms, fees, limits, restrictions, and privacy policies
• DXBMARK is not responsible for third-party platform terms, pricing changes, availability, or service interruptions
• Customers are responsible for maintaining compliance with third-party platform terms when using DXBMARK services that interact with those platforms

Third-party platforms may include payment processors, digital wallets, banks, hosting providers, domain registrars, DNS and CDN providers, CRM tools, project management tools, booking tools, communication tools, chat and support tools, automation platforms, analytics tools, AI tools, repositories, deployment platforms, and other infrastructure or business service providers used in connection with DXBMARK services.

Customers are responsible for complying with the terms, policies, limits, and access rules of any third-party platform they own, control, connect, or instruct DXBMARK to use.

9.5 Acceptable Use

Customers must comply with the Acceptable Use Policy at all times. The Acceptable Use Policy is incorporated by reference into these Terms of Service.

10. Prohibited Use

Customers may not use DXBMARK services for:

• Any purpose prohibited by the Acceptable Use Policy
• Any unlawful purpose or in violation of applicable law
• Any purpose that damages, disrupts, or abuses DXBMARK services or systems
• Generating spam, phishing content, malware, deceptive communications, or unlawful profiling
• Scraping, harvesting, or processing personal data without lawful authority
• Using APIs or automations to exceed provider limits, violate third-party terms, or degrade service availability

11. B2B and B2C Customers

11.1 Business Customers

For B2B engagements, the customer organization is responsible for:

• Ensuring it has authority to provide personal data about its employees, contractors, customers, users, or other data subjects to DXBMARK
• Ensuring its use of DXBMARK services complies with its own obligations to its employees, clients, and stakeholders
• Maintaining appropriate internal policies and consents for data processed through DXBMARK services

11.2 Individual Consumers

For B2C services where DXBMARK deals directly with individual consumers, DXBMARK may act as a controller for customer account, billing, support, and service usage data. Mandatory consumer protection rights apply where applicable.

12. Service Availability and Maintenance

DXBMARK will make reasonable efforts to maintain service availability but does not guarantee:

• Uninterrupted availability
• Error-free operation
• Specific uptime percentage (unless stated in a written service level agreement)
• Availability at specific times or during maintenance windows

DXBMARK may perform planned or emergency maintenance that temporarily affects service availability. Where practical, DXBMARK will provide advance notice.

13. Support and Communication

Support services are provided as specified in the relevant service plan, proposal, or agreement. Where no support terms are specified:

• Support is provided on a reasonable-efforts basis
• Response times are not guaranteed
• Support is provided during DXBMARK's normal business hours

For support enquiries: support@dxbmark.com

14. Service Changes and Discontinuation

DXBMARK may modify, update, or discontinue services at any time. Where possible, DXBMARK will provide reasonable notice. DXBMARK is not liable for losses arising from service changes or discontinuation, except where specific service level commitments are stated in a written agreement.

15. Suspension of Services

DXBMARK may suspend services without notice if:

• The customer is in material breach of these terms or the Acceptable Use Policy
• Payment is overdue by 30 days or more
• The customer's account poses a risk to DXBMARK systems or other customers
• Required by law, regulation, or order

16. Warranties and Representations

16.1 DXBMARK Warranties

DXBMARK warrants that:

• It has the right to provide the services described
• Services will be performed with reasonable skill and care
• DXBMARK will comply with applicable laws in the performance of services

16.2 Customer Warranties

Customers warrant that:

• They have the authority to enter into this agreement
• All information provided is accurate and current
• Their use of DXBMARK services will comply with applicable law
• Customer-provided content does not infringe third-party rights

16.3 No Other Warranties

Except as stated above or in a specific written agreement, DXBMARK services are provided "as-is" and "as-available" without additional warranties of any kind.

17. Limitation of Liability

17.1 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, DXBMARK will not be liable for:

• Loss of profits, revenue, or anticipated savings
• Loss of business, contracts, or opportunities
• Loss of data or programs
• Indirect, incidental, special, consequential, or punitive damages
• Business interruption or operational losses

17.2 Liability Cap

DXBMARK's total liability to a customer for all claims arising in connection with a specific engagement will not exceed the total fees paid by the customer to DXBMARK in the 12 months immediately preceding the event giving rise to the claim.

17.3 Exceptions

The limitations above do not apply to:

• Death or personal injury caused by DXBMARK's negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by applicable law
• Mandatory consumer protection rights

18. Indemnification

Customers agree to indemnify, defend, and hold harmless DXBMARK LLC, its officers, directors, employees, contractors, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Customer's use of DXBMARK services in violation of these terms
• Customer's violation of applicable law
• Customer-provided content or data infringing third-party rights
• Customer's breach of this agreement
• Customer's use of DXBMARK services to process data without lawful authority

19. Confidentiality

19.1 Definition

Confidential information includes non-public information shared in connection with DXBMARK services, including business information, technical information, customer lists, pricing, strategies, project details, and other proprietary information marked as confidential or reasonably understood to be confidential.

19.2 Obligations

Each party agrees to:

• Keep confidential information confidential
• Disclose it only to employees, contractors, and advisers who need to know and who are bound by confidentiality obligations
• Use it only for the purpose of providing or receiving services
• Protect it using reasonable security measures

19.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of confidentiality
• Was already known prior to disclosure
• Is independently developed without reference to the confidential information
• Is required to be disclosed by law or court order (with advance notice where possible)

20. Data Protection and Privacy

Data processing by DXBMARK is governed by the Privacy Policy at https://www.dxbmark.com/legal/privacy-policy/ and, where applicable, the Data Processing Agreement. Please review those documents for details on data collection, processing, retention, and rights.

Customers are responsible for ensuring they have a lawful basis to provide or process any personal data through DXBMARK services and for complying with applicable data protection laws.

Where DXBMARK processes personal data on behalf of a B2B customer as a processor, the Data Processing Agreement may apply. DXBMARK may also maintain a Subprocessor List identifying material third-party service providers used to support service delivery, hosting, payments, communications, support, deployment, analytics, consent management, and related business operations.

Where DXBMARK uses AI-assisted tools, chatbots, automation, or support assistants, such use is governed by the Privacy Policy, Security Statement, applicable customer instructions, and any written agreement or consent applicable to the service.

21. Termination and Cancellation

21.1 Termination by Customer

Customers may cancel subscriptions or terminate engagement by providing notice as specified in the relevant service plan or proposal. Cancellation terms, notice periods, and any applicable fees are specified in the Refund and Cancellation Policy.

21.2 Termination by DXBMARK

DXBMARK may suspend or terminate services or a customer's account:

• For material breach of these terms not cured within 30 days of written notice
• For violation of the Acceptable Use Policy
• For non-payment of fees for 30 days or more after due date
• If the customer's account is dormant for an extended period
• If required by law or regulation
• For any reason with 30 days' written notice (except where prohibited by applicable law)

21.3 Effect of Termination

Upon termination or cancellation:

• Customer's right to access DXBMARK services ceases
• DXBMARK may delete customer account data and configurations after a reasonable export period
• Customer remains responsible for outstanding fees and obligations
• Customers are responsible for requesting export of their data before access ends
• Sections addressing confidentiality, intellectual property, indemnification, and limitation of liability survive termination

21.4 Data Export upon Cancellation

Upon cancellation, customers are responsible for requesting export of their data before access ends. DXBMARK will provide a reasonable export period where technically and commercially feasible. After the export period, data may be deleted and recovery may not be possible.

22. Portfolio and Marketing Rights

Unless the customer objects in writing or the project is designated as confidential by express written agreement, DXBMARK may refer to the customer's name, logo, and general project description in its portfolio, case studies, marketing materials, sales presentations, or website.

DXBMARK will not disclose confidential information, specific technical details, pricing, or customer-specific implementation details without the customer's written consent. Confidential projects will be handled under the terms specified in the relevant agreement.

23. Governing Law and Dispute Resolution

23.1 Governing Law

However, these terms do not override any mandatory consumer protection rights or data protection rights that apply under the laws of your jurisdiction. Where mandatory local rights apply, those rights are preserved.

23.2 Dispute Resolution

Before pursuing formal legal action, parties agree to attempt to resolve disputes informally through good faith communication and negotiation for at least 30 days. If informal resolution fails, disputes shall be governed by the terms specified in any written agreement between DXBMARK and the customer.

23.3 Attorneys' Fees

The prevailing party in any legal action or arbitration may recover reasonable attorneys' fees and costs to the extent permitted by applicable law.

24. Mandatory Consumer Rights

These terms do not limit any mandatory consumer protection rights or data protection rights that you may have under applicable law. Where applicable law provides rights that cannot be waived, those rights are preserved regardless of these terms.

25. Changes to Terms

DXBMARK may update these Terms of Service at any time. Changes will be effective when published on https://www.dxbmark.com/terms. Continued use of DXBMARK services after changes constitutes acceptance of the updated terms. For existing customers with active engagements, material changes may be subject to the notice and opt-out provisions specified in the relevant written agreement.

26. Entire Agreement

These Terms of Service, together with the Privacy Policy, Acceptable Use Policy, any written proposal or statement of work, and any other written agreement between DXBMARK and the customer, constitute the entire agreement regarding DXBMARK services. These terms supersede all prior or contemporaneous agreements or understandings.

If any specific written agreement conflicts with these general Terms, the specific written agreement governs that engagement unless these Terms expressly state otherwise.

27. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

28. Contact Information

Legal enquiries: legal@dxbmark.com Privacy enquiries: privacy@dxbmark.com Support: support@dxbmark.com Billing and payment enquiries: billing@dxbmark.com Finance and account administration: accounts@dxbmark.com General enquiries: info@dxbmark.com Website: https://www.dxbmark.com

End of Terms of Service