Effective Date: July 10th, 2024
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "Client") and Calibrate MENA Marketing Management LLC ("Calibrate", "we", "us", or "our") regarding your access to and use of the services offered by Calibrate (the "Services").
1. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Services.
2. Description of Services
Calibrate provides a range of marketing management services, which may include, but are not limited to:
The specific Services provided will be outlined in a separate agreement between you and Calibrate.
3. User Accounts
You may be required to create an account to access certain Services. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also fully responsible for all activities that occur under your account.
4. Intellectual Property
All intellectual property rights in and to the Services, including but not limited to copyrights, trademarks, and patents, are the sole property of Calibrate or its licensors. You agree not to reproduce, distribute, modify, create derivative works of, or publicly display any content on the Services without Calibrate's prior written consent.
5. User Content
You may be required to provide content (such as text, images, or videos) to Calibrate in connection with the Services. You grant Calibrate a non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such content for the purpose of providing the Services.
6. Payment Terms
You agree to pay Calibrate for the Services in accordance with the agreed-upon fees. Payment terms will be outlined in a separate agreement between you and Calibrate.
7. Term and Termination
These Terms will remain in effect until terminated by either you or Calibrate. You may terminate these Terms at any time by notifying Calibrate in writing. Calibrate may terminate these Terms for cause, including but not limited to, your violation of these Terms.
8. Disclaimer
The Services are provided "as is" and "as available" without any warranties of any kind, express or implied. Calibrate disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
Calibrate will not be liable for any damages arising out of or related to your use of the Services, including but not limited to, direct, indirect, incidental, consequential, or punitive damages.
10. Indemnification
You agree to indemnify and hold harmless Calibrate, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.
11. Governing Law
These Terms will be governed by and construed in accordance with the laws of the Emirate of Dubai, United Arab Emirates.
12. Dispute Resolution
Any dispute arising out of or related to these Terms will be resolved by binding arbitration in accordance with the rules of a reputable arbitration service provider selected by Calibrate. The arbitration will be held in Dubai, United Arab Emirates.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.
14. Waiver
No waiver by Calibrate of any breach of these Terms will be deemed a further or continuing waiver of such breach or any other breach.
15. Entire Agreement
These Terms constitute the entire agreement between you and Calibrate with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
16. Changes to Terms
Calibrate may revise these Terms at any time by updating this page. You are advised to periodically review these Terms for any changes. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the revised Terms.
17. Contact Information
If you have any questions about these Terms, please contact Calibrate at hello@calibratecommerce.com.