Terms of Use

Table of Contents

1. Introduction

These Terms & Conditions ("Terms") govern the use of Mismar.ai, a construction management software provided by Nailed It Technology L.L.C. ("Company"). By accessing or using our Software, you agree to these Terms.

2. Definitions

  • Company: Nailed It Technology L.L.C.
  • Client: The entity purchasing and using the Software
  • Software: Mismar.ai construction management platform.
  • Subscription: Paid usage period for the Software.

3. Intellectual Property Rights

  • All intellectual property in the Software remains exclusively owned by the Company.
  • Clients receive a limited, non-exclusive license for internal business use.
  • Reverse engineering, decompiling, or unauthorized reproduction is strictly prohibited.  

4. License & Access

  • Non-transferable, revocable license granted upon payment.
  • Usage limited to Client’s internal business operations.
  • Access contingent on continuous compliance with these Terms.

5. Subscription & Payment

  • First invoice payment initiates the subscription period.
  • Fees are non-refundable.
  • Late payments may result in service suspension.
  • Automatic renewal unless terminated with 30-days prior notice.

6. Client Responsibilities

  • Maintain login credentials confidentiality.
  • Comply with all applicable laws.
  • Do not sublicense, distribute, or create derivative works.
  • Provide timely cooperation during implementation.
  • Responsible for all activities under account.

7. Data & Privacy

  • Client retains data ownership.
  • Confidential data protected with reasonable security measures.
  • Data processing complies with applicable regulations.
  • Third-party data processors will be disclosed.
  • Data usage governed by separate Privacy Policy

8. Service Level

  • Implementation stages: Project Kickoff, Software Readiness, User Readiness, Go-Live.
  • Support includes system bug resolution.
  • Out-of-scope requirements need separate agreement.

9. Limitation of Liability

  • Maximum liability limited to 12-month subscription fees.
  • No liability for indirect or consequential damages.
  • The Force Majeure clause excludes liability for uncontrollable events.

10. Termination

  • Company can terminate for:
    • Terms violation
    • Non-payment
    • Suspected fraudulent activity.
  • Client can terminate anytime.
  • No refunds for partial subscription periods.

11. Dispute Resolution

  • Governed by Dubai, UAE laws.
  • Disputes resolved through good-faith negotiation.
  • Mandatory mediation before legal proceedings.

12. Changes to Terms

  • Company reserves right to modify Terms.
  • Continued use implies acceptance of updated Terms.

13. Contact Information

Nailed It TechnologyL.L.C.
[email protected]

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