MD Software L.L.C-FZ – Comprehensive Terms of Service

Last Updated: June 25, 2025
Version: 2.0

CRITICAL LEGAL NOTICE: These Terms of Service contain mandatory binding arbitration and class action waiver provisions that affect your legal rights. By using our Services, you agree to resolve disputes through individual arbitration rather than court proceedings or class actions. READ CAREFULLY BEFORE PROCEEDING.

EXECUTIVE SUMMARY AND BINDING ACKNOWLEDGMENT

MD Software L.L.C-FZ ("Company", "MD Software", "we", "us", "our") provides software development tools, analytical utilities, and related services (collectively, "Services") exclusively for legitimate research, educational, and development purposes. By accessing, downloading, purchasing, or using any aspect of our Services, you ("User", "you", "your") enter into this legally binding agreement.

KEY PROVISIONS:

Jurisdiction: UAE law governs; disputes resolved in Dubai courts or arbitration
No US Access: Explicitly prohibited for US persons/entities
Educational Use Only: Software intended solely for offline research and development
No Warranties: Services provided "AS IS" without guarantees
Limited Liability: Company liability capped at fees paid
User Responsibility: You assume all risks of use
IP Protection: Comprehensive intellectual property safeguards

By clicking "I AGREE" or using our Services, you acknowledge reading, understanding, and agreeing to be bound by these Terms in their entirety.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

"Affiliate" means any entity that controls, is controlled by, or is under common control with a party.

"Anti-Circumvention Laws" means laws restricting circumvention of technological protection measures, including but not limited to 17 U.S.C. §1201 (DMCA), EU Directive 2001/29/EC, and similar international provisions.

"Applicable Law" means the laws of the United Arab Emirates, without regard to conflict of law principles.

"Confidential Information" means non-public technical information, source code, algorithms, business methods, customer lists, and other proprietary information.

"Content" means all text, graphics, images, music, software, audio, video, information, or other materials.

"Documentation" means user manuals, technical specifications, API documentation, and other written materials provided with the Services.

"Effective Date" means the date you first access or use any Service.

"End User" means the individual or entity that ultimately uses the Software.

"Export Control Laws" means all applicable export control and sanctions laws, including but not limited to those administered by the U.S. Department of Commerce, U.S. Department of Treasury, and UN Security Council.

"Feedback" means suggestions, ideas, enhancement requests, or other feedback regarding the Services.

"Force Majeure Event" means circumstances beyond reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government actions, or telecommunications failures.

"Intellectual Property Rights" means all intellectual property rights worldwide, including patents, copyrights, trade secrets, trademarks, moral rights, and other proprietary rights.

"Prohibited Content" means Content that violates these Terms, Applicable Law, or third-party rights.

"Prohibited Jurisdiction" means any jurisdiction where use of the Services would violate local law, or that Company designates as prohibited, specifically including all United States territories, possessions, and jurisdictions.

"Services" means all software, applications, tools, websites, platforms, support services, documentation, and other products or services provided by Company.

"Software" means Company's proprietary computer programs, applications, libraries, and related materials.

"Third-Party Content" means Content not owned or controlled by Company.

"Third-Party Services" means services, platforms, or applications not provided by Company.

"User Content" means Content submitted, posted, or transmitted by you through the Services.

1.2 Interpretation

Headings are for convenience only. "Including" means "including without limitation." References to "writing" include electronic communications. "Person" includes individuals and entities. Gender-neutral terms include all genders.

2. COMPREHENSIVE ELIGIBILITY AND RESTRICTIONS

2.1 General Eligibility Requirements

To use our Services, you must:

Be at least 18 years old or the age of majority in your jurisdiction
Have legal capacity to enter binding contracts
Not be prohibited from using the Services under Applicable Law
Not be located in a Prohibited Jurisdiction
Not be subject to economic sanctions or export restrictions
Possess necessary technical expertise to use the Services safely
Have reviewed and understood all associated risks

2.2 Absolute Prohibition on United States Access

THE SERVICES ARE EXPLICITLY NOT AVAILABLE TO:

US citizens, nationals, or residents
Entities organized under US law
Persons located in US territories or possessions
Persons using US IP addresses
US government entities or contractors
Persons acting on behalf of US entities

ENFORCEMENT MECHANISMS:

Automated geo-blocking of US IP ranges
Mandatory location certification during registration
Periodic verification of user location
Immediate termination upon detection of US access
No refunds for terminated US users

2.3 Corporate and Organizational Users

Organizations must ensure:

Proper authorization to accept these Terms
Compliance with internal policies and procedures
Appropriate user training and supervision
Maintenance of accurate contact information
Assumption of liability for all authorized users

2.4 Prohibited Uses and Users

PROHIBITED USES:

Any use violating local, national, or international law
Use in online multiplayer gaming environments
Use that violates third-party terms of service
Commercial distribution or resale of Services
Use for competitive analysis or benchmarking
Use to develop competing products or services
Use that infringes intellectual property rights
Use that violates export control laws
Use that poses security or safety risks

PROHIBITED USERS:

Competitors and their affiliates
Security researchers without prior authorization
Persons previously terminated from Services
Persons acting on behalf of prohibited entities
Government entities without explicit authorization
Academic researchers without appropriate agreements

2.5 Verification and Monitoring

Company reserves the right to:

Verify eligibility at any time
Request documentation of compliance
Monitor usage patterns for violations
Implement additional security measures
Investigate suspicious activities
Cooperate with law enforcement when required

3. DETAILED SERVICE DESCRIPTION AND SCOPE

3.1 Nature of Services

MD Software provides specialized software development and analytical tools designed exclusively for:

Educational Research: Academic study of software architecture and game mechanics
Software Development: Development of compatible applications and tools
Technical Analysis: Performance testing and system optimization
Offline Testing: Single-player and local environment testing
Academic Purposes: University and research institution projects

3.2 Technical Specifications

SOFTWARE ARCHITECTURE:

Client-server authentication system
Encrypted communication protocols
Hardware fingerprinting for license validation
Anti-tampering and integrity verification
Secure update mechanisms

SUPPORTED ENVIRONMENTS:

Windows 10/11 (64-bit)
Specific hardware requirements as documented
Offline and local network environments only
Development and testing platforms

3.3 Service Limitations

EXPLICIT LIMITATIONS:

No support for online multiplayer environments
No guarantee of compatibility with third-party software
No warranty of continued availability or functionality
No obligation to maintain or update Services
No customer support for prohibited uses

TECHNICAL LIMITATIONS:

Subject to hardware and software compatibility
Requires stable internet connection for authentication
May have geographic access restrictions
Performance varies based on system configuration

3.4 Service Evolution

Company may:

Modify, update, or discontinue Services at any time
Add new features or remove existing ones
Change technical requirements or specifications
Implement additional security measures
Modify pricing or payment terms

4. INTELLECTUAL PROPERTY RIGHTS AND PROTECTIONS

4.1 Company Intellectual Property

OWNERSHIP: Company retains all rights, title, and interest in:

All Software and related source code
Documentation and technical specifications
Proprietary algorithms and methodologies
Trademarks, trade names, and branding
User interfaces and design elements
Marketing materials and content

PROTECTION MEASURES:

Digital rights management systems
Code obfuscation and anti-tampering measures
Encrypted communication protocols
Hardware-based license validation
Comprehensive audit trails

4.2 Limited License Grant

Subject to compliance with these Terms, Company grants you a:

Limited: Restricted to authorized uses only
Non-exclusive: Not unique to you
Non-transferable: Cannot be assigned or sublicensed
Revocable: May be terminated at any time
Personal: For your individual use only

LICENSE RESTRICTIONS:

No reverse engineering, decompilation, or disassembly
No modification, adaptation, or derivative works
No distribution, rental, or commercial exploitation
No circumvention of security measures
No extraction of components or algorithms

4.3 Fair Use and Interoperability

PERMITTED ACTIVITIES:

Reverse engineering for interoperability as permitted by law
Analysis of functional specifications and protocols
Development of compatible applications and tools
Academic research and educational use
Backup copies for personal use

PROHIBITED ACTIVITIES:

Circumventing technological protection measures
Extracting or copying proprietary algorithms
Creating competing products or services
Distributing modified versions
Violating export control laws

4.4 User Content and Feedback

USER CONTENT LICENSE: You grant Company a worldwide, royalty-free license to:

Use, modify, and distribute User Content
Incorporate User Content into Services
Create derivative works based on User Content
Sublicense User Content to third parties

FEEDBACK LICENSE: All Feedback becomes Company property and may be used:

Without attribution or compensation
For any commercial or non-commercial purpose
To improve or develop new Services
In marketing and promotional materials

4.5 Third-Party Intellectual Property

RESPECT FOR THIRD-PARTY RIGHTS:

Company respects intellectual property rights of others
Users must obtain necessary permissions for third-party content
Company responds to valid intellectual property claims
Users indemnify Company for intellectual property violations

DMCA COMPLIANCE:

Designated agent for copyright notices
Expedited takedown procedures
Counter-notification processes
Repeat infringer policies

5. COMPREHENSIVE DISCLAIMERS AND RISK ALLOCATION

5.1 Educational and Research Purpose

PRIMARY PURPOSE: The Services are designed and intended exclusively for:

Academic research and education
Software development and testing
Technical analysis and performance evaluation
Offline experimentation and learning
Compliance with reverse engineering laws

NOT INTENDED FOR:

Online multiplayer gaming
Circumventing technological protection measures
Violating third-party terms of service
Commercial advantage or profit
Unauthorized access to protected systems

5.2 "AS IS" Service Provision

NO WARRANTIES: Company provides Services "AS IS" without warranties of any kind, including:

MERCHANTABILITY: No guarantee of fitness for purpose
NON-INFRINGEMENT: No guarantee against IP claims
PERFORMANCE: No guarantee of speed or reliability
SECURITY: No guarantee against vulnerabilities
COMPATIBILITY: No guarantee of system compatibility
AVAILABILITY: No guarantee of continuous access

5.3 Risk Assumption and User Responsibility

ASSUMPTION OF RISK: You acknowledge and assume all risks including:

Account Termination: Third-party service bans or suspensions
Legal Consequences: Violations of local or international law
System Damage: Hardware or software malfunction
Data Loss: Corruption or loss of files and settings
Security Vulnerabilities: Exposure to malware or attacks
Financial Loss: Costs associated with Service use

USER RESPONSIBILITY: You are solely responsible for:

Compliance with all applicable laws and regulations
Reviewing and understanding third-party terms of service
Implementing appropriate security measures
Maintaining backups of important data
Understanding technical requirements and limitations
Monitoring for updates and security patches

5.4 Third-Party Service Interactions

NO AFFILIATION:

Company is not affiliated with any game publishers or developers
Company does not endorse or recommend third-party services
Company has no control over third-party policies or actions
Company is not responsible for third-party service changes

THIRD-PARTY RISKS:

Third-party services may detect and prohibit Company Software
Third-party terms of service may be violated by Software use
Third-party anti-cheat systems may flag Software as unauthorized
Third-party updates may affect Software compatibility

5.5 Technical and Operational Disclaimers

TECHNICAL LIMITATIONS:

Software may not work on all systems or configurations
Performance varies based on hardware and software environment
Compatibility with third-party software is not guaranteed
Updates may change functionality or requirements

OPERATIONAL LIMITATIONS:

Service availability may be interrupted or discontinued
Features may be modified or removed without notice
Support may be limited or unavailable
Documentation may be incomplete or outdated

5.6 Experimental-Tool Disclaimer

The Software is provided strictly as a generic, offline research toolkit. Any online, competitive, or commercial deployment, or any attempt to circumvent technological protection measures, constitutes an immediate breach of this licence. Company does not encourage, enable, or condone such uses.

5.7 User Certification Stack

By using the Services you certify, represent, and warrant that:

You alone create or configure any game-specific modifications derived from the generic toolkit;
You accept 100 % of the risk of detection, banning, or legal action;
You possess all lawful rights and permissions for any materials you modify;
You are not a United States citizen, resident, or otherwise subject to U.S. jurisdiction; and
Any false certification voids all licence rights and obligates you to reimburse Company for every cost arising from your breach.

6. LIMITATION OF LIABILITY AND DAMAGES

6.1 Liability Cap

MAXIMUM LIABILITY: Company's total liability for all claims arising from or related to the Services shall not exceed the lesser of:

The total amount paid by you for the Services in the 12 months preceding the claim
One hundred United States dollars (USD $100)

6.2 Excluded Damages

NO LIABILITY FOR: Company shall not be liable for:

INDIRECT DAMAGES: Consequential, incidental, or special damages
ECONOMIC LOSSES: Lost profits, revenue, or business opportunities
DATA ISSUES: Loss, corruption, or unauthorized access to data
THIRD-PARTY ACTIONS: Bans, suspensions, or terminations by third parties
SYSTEM DAMAGE: Hardware or software malfunction or failure
LEGAL COSTS: Attorney fees, court costs, or other legal expenses
REPUTATIONAL HARM: Damage to reputation or business relationships

6.3 Basis of Bargain

RISK ALLOCATION: These limitations reflect the allocation of risk between the parties and are:

Fundamental elements of the agreement
Reflected in the pricing of Services
Applicable regardless of legal theory
Enforceable to the maximum extent permitted by law

6.4 Essential Purpose

LIMITATION SURVIVAL: These limitations shall survive:

Termination of the agreement
Breach of contract or warranty
Failure of essential purpose
Any judicial or arbitral proceeding

6.5 Sole and Exclusive Remedy

SOLE REMEDY: Your sole and exclusive remedy for any dissatisfaction with the Services is to discontinue all use of the Software and Services. Monetary or injunctive relief against Company is expressly disclaimed and unavailable.

6.6 Zero Monetary Liability

ZERO LIABILITY: To the maximum extent permitted by law, Company’s aggregate monetary liability under any theory (contract, tort, statute, strict liability, equity, or otherwise) is USD $0. Company shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, statutory, equitable, or special damages, even if advised of the possibility of such damages.

6.7 Broad Release

GENERAL RELEASE: You irrevocably waive, release, and forever discharge Company—together with its owners, officers, employees, contractors, hosts, licensors, and suppliers—from all claims, liabilities, causes of action, and losses of any kind or nature (whether known or unknown, suspected or unsuspected) arising out of or relating to the Services.

7. COMPREHENSIVE INDEMNIFICATION

7.1 User Indemnification Obligations

INDEMNIFICATION SCOPE: You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to:

USE-RELATED CLAIMS:

Your use or misuse of the Services
Violation of these Terms or applicable law
Infringement of intellectual property rights
Breach of third-party terms of service
Unauthorized access to protected systems

CONTENT-RELATED CLAIMS:

User Content submitted or transmitted through Services
Violation of privacy or publicity rights
Defamatory or harmful statements or content
Unauthorized use of third-party materials

COMPLIANCE-RELATED CLAIMS:

Violations of export control laws
Breach of industry-specific regulations
Non-compliance with professional standards
Violation of employment or contractual obligations REGULATORY & PUBLISHER ACTIONS: All third-party or governmental claims, investigations, fines, and enforcement actions (including DMCA §1201, anti-cheat, trademark, contract, export-control, and consumer-protection matters) arising from your use of the Services

7.2 Company Indemnification Obligations

LIMITED INDEMNIFICATION: Company will indemnify you against claims that the Services, when used in accordance with these Terms, directly infringe a third-party patent, copyright, or trademark, subject to:

Prompt written notice of the claim
Company's sole control of defense and settlement
Your reasonable cooperation in defense
Use of Services in accordance with documentation

INDEMNIFICATION EXCLUSIONS: Company's indemnification obligations do not apply to claims arising from:

Modification of Services by you or third parties
Use of Services in combination with other software
Use of Services in violation of these Terms
Failure to implement recommended updates or patches

7.3 Indemnification Procedures

CLAIM NOTICE: The indemnified party must:

Provide prompt written notice of any claim
Cooperate reasonably in defense of the claim
Allow the indemnifying party to control defense and settlement
Not admit liability or settle without prior written consent

DEFENSE CONTROL: The indemnifying party shall:

Assume control of defense and settlement negotiations
Engage qualified legal counsel
Keep the indemnified party informed of proceedings
Obtain consent before settling claims affecting indemnified party

7.4 Liquidated-Cost Make-Whole Fee

If any game publisher, rights-holder, regulator, or other third party brings a claim against Company that is attributable in whole or in part to your use of the Services, you agree to pay, on demand, a liquidated make-whole fee equal to: (a) all defence costs, settlements, judgments, and related expenses incurred by Company plus (b) an additional twenty-five percent (25 %) administrative buffer. The parties agree that this amount represents a genuine pre-estimate of Company’s damages and is not a penalty.

8. PAYMENT TERMS AND REFUND POLICY

8.1 Payment Processing

ACCEPTED PAYMENT METHODS:

Major credit cards (Visa, Mastercard, American Express)
PayPal and similar payment processors
Cryptocurrency (Bitcoin, Ethereum, selected altcoins)
Bank transfers for enterprise customers

PAYMENT PROCESSING:

All payments processed through third-party processors
Prices displayed in EUR (Euro) unless otherwise specified
Additional fees may apply for certain payment methods
Payment information encrypted and stored securely

8.2 Pricing and Billing

PRICING STRUCTURE:

One-time purchase licenses
Subscription-based access plans
Enterprise and volume licensing available
Educational discounts for qualifying institutions

BILLING POLICIES:

Payment due upon order placement
Automatic renewal for subscription services
Price changes effective for new purchases only
Taxes and duties are user's responsibility

8.3 Refund and Cancellation Policy

LIMITED REFUND ELIGIBILITY: Refunds are available only for:

Technical incompatibility with documented system requirements
Material breach of these Terms by Company
Duplicate or erroneous charges
Cancellation within 48 hours of purchase (if no access granted)

REFUND EXCLUSIONS: No refunds for:

User error or misunderstanding of Services
Third-party service bans or restrictions
Violation of Terms by user
Dissatisfaction with Service performance
Access from Prohibited Jurisdictions

REFUND PROCESS:

Written request required within 14 days
Proof of technical incompatibility or breach required
Refunds processed within 30 days of approval
Refunds issued to original payment method when possible

8.4 Subscription Services

SUBSCRIPTION TERMS:

Automatic renewal unless cancelled
Cancellation effective at end of current period
No partial refunds for cancelled subscriptions
Price changes require 30 days advance notice

SUBSCRIPTION MANAGEMENT:

Account dashboard for subscription management
Email notifications for renewal and changes
Ability to cancel automatic renewal
Upgrade and downgrade options available

9. TERMINATION AND SUSPENSION

9.1 Termination by User

VOLUNTARY TERMINATION: You may terminate your account at any time by:

Accessing account settings and selecting termination option
Sending written notice to support email
Ceasing all use of Services and deleting Software
Complying with data retention and return obligations

EFFECT OF USER TERMINATION:

Immediate cessation of access rights
Forfeiture of remaining subscription period
Deletion of account data per retention policy
Survival of applicable Terms provisions

9.2 Termination by Company

TERMINATION FOR CAUSE: Company may immediately terminate your access for:

Material breach of these Terms
Violation of Applicable Law
Use from Prohibited Jurisdiction
Fraudulent or deceptive conduct
Threat to security or integrity of Services
Violation of intellectual property rights

TERMINATION WITHOUT CAUSE: Company may terminate Services:

With 30 days advance written notice
For business reasons or strategic decisions
Due to legal or regulatory requirements
Upon discontinuation of Services

9.3 Suspension of Services

TEMPORARY SUSPENSION: Company may suspend access pending:

Investigation of suspected violations
Resolution of payment issues
Implementation of security measures
Compliance with legal requirements

SUSPENSION PROCEDURES:

Notice provided when reasonably practicable
Opportunity to cure violations when appropriate
Restoration upon resolution of issues
Termination if violations not cured

9.4 Effect of Termination

IMMEDIATE EFFECTS:

Cessation of all access rights
Deactivation of license keys
Termination of support services
Prohibition on future access

SURVIVAL OF TERMS: The following provisions survive termination:

Intellectual property rights
Limitation of liability
Indemnification obligations
Dispute resolution procedures
Confidentiality obligations

10. PRIVACY AND DATA PROTECTION

10.1 Data Collection and Use

PERSONAL DATA: We collect and process personal data in accordance with our Privacy Policy, including:

Account registration information
Payment and billing data
Technical usage information
Communication records
Device and system information

LAWFUL BASIS:

Contractual necessity for service provision
Legitimate interests in fraud prevention and security
Legal compliance with applicable regulations
Consent for marketing communications

10.2 Data Security

SECURITY MEASURES:

Encryption of data in transit and at rest
Access controls and authentication systems
Regular security audits and assessments
Incident response and breach notification procedures
Secure development and deployment practices

SECURITY LIMITATIONS:

No guarantee against all security threats
User responsibility for account security
Prompt notification required for suspected breaches
Cooperation required in security investigations

10.3 Data Sharing and Disclosure

AUTHORIZED DISCLOSURES:

Service providers and business partners
Legal compliance and law enforcement
Business transfers and mergers
Consent-based sharing
Aggregate and anonymized data

DISCLOSURE LIMITATIONS:

Minimum necessary standard applied
Confidentiality obligations for recipients
Notice provided when legally permitted
User rights respected under applicable law

10.4 International Data Transfers

CROSS-BORDER TRANSFERS:

Data may be processed in multiple jurisdictions
Adequate protection measures implemented
Compliance with applicable transfer requirements
User consent for international processing

TRANSFER SAFEGUARDS:

Standard contractual clauses
Adequacy decisions and certifications
Technical and organizational measures
Regular review and updates

11. DISPUTE RESOLUTION AND GOVERNING LAW

11.1 Governing Law

APPLICABLE LAW: These Terms are governed by the laws of the United Arab Emirates, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

JURISDICTION: Any disputes shall be resolved in the courts of Dubai, United Arab Emirates, or through binding arbitration as specified below.

11.2 Mandatory Arbitration

ARBITRATION REQUIREMENT: All disputes arising from or related to these Terms or the Services must be resolved through binding arbitration, except for:

Intellectual property disputes
Equitable relief requests
Small claims court matters (under jurisdictional limits)

ARBITRATION PROCEDURES:

Administered by Dubai International Arbitration Centre (DIAC)
Conducted in English language
Single arbitrator for claims under USD $50,000
Three arbitrators for larger claims
Dubai seat of arbitration
Loser Pays: The arbitrator shall award all costs, expenses, and reasonable attorney fees to the prevailing party; the non-prevailing party shall bear such fees.
Security Deposit: The claimant must deposit with the DIAC a security amount sufficient to cover the estimated arbitration costs before proceedings commence.

11.3 Class Action Waiver

INDIVIDUAL PROCEEDINGS: You agree that disputes must be resolved on an individual basis and waive any right to:

Participate in class action lawsuits
Seek relief through representative actions
Consolidate claims with other parties
Pursue collective arbitration

WAIVER ENFORCEABILITY: If the class action waiver is deemed unenforceable, the arbitration clause shall not apply and disputes shall be resolved in Dubai courts.

11.4 Preliminary Relief

EQUITABLE RELIEF: Either party may seek preliminary injunctive relief in Dubai courts for:

Intellectual property infringement
Breach of confidentiality obligations
Violation of use restrictions
Irreparable harm scenarios

TEMPORARY RESTRAINING ORDERS: Courts may issue temporary restraining orders and preliminary injunctions without bond requirement upon showing of immediate irreparable harm.

12. EXPORT CONTROL AND SANCTIONS COMPLIANCE

12.1 Export Control Obligations

COMPLIANCE REQUIREMENTS: You acknowledge that the Services may be subject to export control laws and regulations, including but not limited to:

U.S. Export Administration Regulations (EAR)
International Traffic in Arms Regulations (ITAR)
EU Dual-Use Regulation
UAE export control laws

USER OBLIGATIONS:

Compliance with all applicable export control laws
Obtaining necessary licenses and authorizations
Not exporting or re-exporting to prohibited destinations
Not providing access to prohibited persons or entities

12.2 Sanctions Compliance

PROHIBITED TRANSACTIONS: You may not use the Services if you are:

Subject to economic sanctions or embargos
Located in a sanctioned jurisdiction
Acting on behalf of sanctioned persons or entities
Engaging in prohibited transactions

SANCTIONS SCREENING: Company may:

Screen users against sanctions lists
Monitor transactions for sanctions compliance
Suspend or terminate access for violations
Report violations to appropriate authorities

12.3 Technology Transfer Restrictions

RESTRICTED TECHNOLOGIES: The Services may contain technology subject to transfer restrictions, including:

Encryption and cryptographic technologies
Technical data and software
Dual-use technologies
Sensitive technical information

TRANSFER LIMITATIONS:

No transfer to prohibited persons or destinations
Compliance with deemed export rules
Notification requirements for certain transfers
End-use and end-user restrictions

13. FORCE MAJEURE AND BUSINESS CONTINUITY

13.1 Force Majeure Events

COVERED EVENTS: Company shall not be liable for failure to perform due to:

Natural disasters and extreme weather
War, terrorism, and civil unrest
Government actions and regulatory changes
Pandemic and public health emergencies
Cyber attacks and security incidents
Infrastructure failures and outages

FORCE MAJEURE PROCEDURES:

Prompt notification of affected parties
Reasonable efforts to mitigate impact
Regular updates on situation and timeline
Resumption of performance when possible

13.2 Business Continuity Planning

CONTINUITY MEASURES:

Redundant systems and infrastructure
Data backup and recovery procedures
Alternative service delivery methods
Communication and notification systems
Vendor and supplier contingencies

SERVICE PRIORITIZATION: During force majeure events:

Critical security functions prioritized
Customer communication maintained
Data protection measures continued
Recovery efforts focused on essential services

13.3 Liability Limitations

FORCE MAJEURE LIMITATIONS:

No liability for delays or failures due to force majeure
Suspension of performance obligations during events
Reasonable efforts to provide alternative solutions
Compensation limited to service credits when appropriate

14. MISCELLANEOUS PROVISIONS

14.1 Entire Agreement

These Terms, together with the Privacy Policy, EULA, and other referenced documents, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, representations, and understandings.

14.2 Amendment and Modification

AMENDMENT PROCESS:

Material changes require 30 days advance notice
Notice provided via email or service notifications
Continued use constitutes acceptance of changes
Right to terminate if changes are unacceptable

MODIFICATION RESTRICTIONS:

No oral modifications accepted
Modifications must be in writing and signed
Agent authority limitations apply
Electronic signatures accepted

14.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force and effect. Invalid provisions shall be replaced with valid provisions that most closely approximate the original intent.

14.4 Waiver

WAIVER REQUIREMENTS:

Waivers must be in writing and signed
No waiver of future breaches
Course of dealing does not constitute waiver
Partial exercise of rights preserved

14.5 Assignment

COMPANY ASSIGNMENT: Company may assign these Terms in connection with:

Merger, acquisition, or sale of assets
Transfer to affiliate or subsidiary
Financing or restructuring transactions
Business reorganization

USER ASSIGNMENT: You may not assign these Terms without Company's prior written consent.

14.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly stated for Company affiliates and indemnified parties.

14.7 Notice Requirements

NOTICE METHODS:

Email to registered address
Posted notice on website
In-service notifications
Certified mail when required

NOTICE EFFECTIVENESS:

Email: Upon transmission
Posted notice: Upon posting
In-service: Upon display
Certified mail: Upon receipt

14.8 Survival

The following provisions survive termination:

Intellectual property rights
Liability limitations
Indemnification obligations
Dispute resolution procedures
Confidentiality obligations
Payment obligations

15. CONTACT INFORMATION AND SUPPORT

15.1 Company Information

MD Software L.L.C-FZ
Business Registration: UAE Free Zone License
Address: 5842+632 Grand Stand, Nad Al Sheba - Nad Al Sheba 1, Dubai, United Arab Emirates
Email: legal@mdsoftware.ae
Support: support@mdsoftware.ae

15.2 Legal Notices

All legal notices and formal communications must be sent to:
Legal Department
MD Software L.L.C-FZ
Email: legal@mdsoftware.ae
Subject: Legal Notice - Terms of Service

15.3 Support Services

SUPPORT SCOPE:

Technical assistance for authorized uses
Account and billing inquiries
General product information
Bug reports and feature requests

SUPPORT LIMITATIONS:

No support for prohibited uses
Limited availability and response times
English language support only
Support may be discontinued at any time

FINAL BINDING ACKNOWLEDGMENT

BY CLICKING "I AGREE," DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:

You have read, understood, and agree to be bound by these Terms in their entirety
You understand and accept all risks associated with using the Services
You agree to resolve disputes through binding arbitration in Dubai, UAE
You waive any right to participate in class action lawsuits
You acknowledge that the Services are provided "AS IS" without warranties
You understand that Company's liability is limited as set forth in these Terms
You agree to indemnify Company as specified in these Terms
You represent that you meet all eligibility requirements
You confirm that you are not located in a Prohibited Jurisdiction
You accept that these Terms may be updated from time to time

This electronic acceptance constitutes your legally binding signature and agreement to these Terms of Service.

Document Version: 2.0
Last Updated: June 25, 2025
Effective Date: Upon acceptance

Terms of Service

Legal Binding Agreement

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