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]
[email protected]