Terms of Service

Last Updated: November 15, 2024

1. INTRODUCTION AND DEFINITIONS

1.1. Agreement Overview

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between Ambienza Home Design LLC ("Ambienza," "we," "our," or "us"), a company registered under the laws of the United Arab Emirates with registration number [NUMBER], having its principal place of business at [ADDRESS], Dubai, UAE, and you ("User," "you," "your"), governing your access to and use of our website, services, and related offerings.

1.2. Definitions

For the purposes of these Terms, capitalized terms shall have the meanings assigned in Section 18 (Definitions) below.

2. ACCEPTANCE OF TERMS

2.1. Binding Agreement

By accessing our website, registering an account, or using our Services, you:

(a) Acknowledge that you have read, understood, and agree to be bound by these Terms

(b) Represent that you have the legal capacity to enter into this binding agreement

(c) Consent to the collection and use of your information as described in our Privacy Policy

2.2. Eligibility Requirements

2.2.1. You must be:

(a) At least 18 years of age

(b) Legally capable of entering into binding contracts

(c) Not prohibited from receiving our Services under applicable laws

2.2.2. If you represent a business entity, you warrant that:

(a) You have authority to bind that entity to these Terms

(b) The entity agrees to be bound by these Terms

3. SERVICES

3.1. Service Description

3.1.1. Our Services include:

(a) Interior design consultations

(b) Project planning and management

(c) Product procurement

(d) Installation supervision

(e) Digital design tools and resources

(f) Online portfolio access

(g) Client communication platforms

3.2. Service Delivery

3.2.1. We will provide the Services:

(a) With reasonable care and skill

(b) In accordance with industry standards

(c) Compliant with applicable laws and regulations

(d) As described in the service agreement

3.3. Service Modifications

We reserve the right to:

(a) Modify or discontinue any Service

(b) Introduce new features or functionalities

(c) Update service specifications

(d) Adjust pricing structures

4. USER OBLIGATIONS

4.1. Account Registration

4.1.1. You agree to:

(a) Provide accurate registration information

(b) Maintain the security of your account credentials

(c) Promptly update any changes to your information

(d) Accept responsibility for all activities under your account

4.2. Prohibited Activities

4.2.1. You shall not:

(a) Violate any applicable laws or regulations

(b) Infringe intellectual property rights

(c) Transmit harmful code or materials

(d) Interfere with service operations

(e) Engage in fraudulent activities

(f) Impersonate others

(g) Harvest user information

(h) Conduct unauthorized testing or scanning

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Ownership

5.1.1. We retain all rights to:

(a) Website content and design

(b) Service methodologies

(c) Proprietary tools and systems

(d) Trademarks and trade dress

(e) Patents and patent applications

(f) Trade secrets

(g) Copyright-protected materials

5.2. Limited License

5.2.1. We grant you a limited, non-exclusive, non-transferable license to:

(a) Access our website

(b) Use our Services as intended

(c) View and download authorized materials

5.3. Restrictions

You may not:

(a) Modify, copy, or create derivative works

(b) Reverse engineer our Services

(c) Remove proprietary notices

(d) Transfer license rights

(e) Use for commercial purposes without authorization

6. USER CONTENT

6.1. Content License

6.1.1. By submitting content, you grant us:

(a) Worldwide, non-exclusive, royalty-free license

(b) Right to use, modify, display, and distribute

(c) Right to sublicense through multiple tiers

(d) Perpetual and irrevocable rights

6.2. Content Representations

6.2.1. You warrant that your content:

(a) Is original or properly licensed

(b) Does not infringe third-party rights

(c) Complies with applicable laws

(d) Is not misleading or harmful

7. PAYMENTS AND BILLING

7.1. Fees

7.1.1. You agree to pay:

(a) Service fees as quoted

(b) Applicable taxes

(c) Additional charges for custom work

(d) Late payment penalties

7.2. Payment Terms

7.2.1. Payment requirements:

(a) Due upon invoice receipt

(b) In UAE Dirhams unless otherwise specified

(c) Through approved payment methods

(d) Subject to verification and authorization

8. WARRANTY AND DISCLAIMERS

8.1. Limited Warranty

We warrant that:

(a) Services will be performed professionally

(b) Materials will be of acceptable quality

(c) Deliverables will meet specifications

8.2. Disclaimer

8.2.1. We disclaim:

(a) Implied warranties

(b) Third-party service guarantees

(c) Specific outcomes

(d) Uninterrupted service availability

9. LIMITATION OF LIABILITY

9.1. Liability Cap

9.1.1. Our maximum liability shall not exceed:

(a) Fees paid for the specific service

(b) AED 50,000, whichever is less

9.2. Excluded Damages

9.2.1. We are not liable for:

(a) Indirect damages

(b) Consequential losses

(c) Lost profits

(d) Data loss

(e) Business interruption

10. INDEMNIFICATION

10.1. User Indemnification

You agree to indemnify us against:

(a) Third-party claims

(b) Regulatory penalties

(c) Legal costs

(d) Direct damages

10.2. Indemnification Procedure

10.2.1. We will:

(a) Promptly notify you of claims

(b) Cooperate in defense

(c) Allow you to control defense

(d) Approve settlements

11. TERM AND TERMINATION

11.1. Term

This Agreement remains effective until terminated.

11.2. Termination Rights

11.2.1. We may terminate:

(a) For breach of Terms

(b) For illegal activities

(c) To comply with laws

(d) For service discontinuation

11.3. Effect of Termination

11.3.1. Upon termination:

(a) Access rights cease

(b) Licenses terminate

(c) Content may be deleted

(d) Payment obligations survive

12. CONFIDENTIALITY

12.1. Confidential Information

12.1.1. Protected information includes:

(a) Business strategies

(b) Technical data

(c) Customer information

(d) Pricing details

12.2. Protection Obligations

12.2.1. Each party shall:

(a) Maintain confidentiality

(b) Use reasonable safeguards

(c) Limit access to need-to-know

(d) Return or destroy upon request

13. DISPUTE RESOLUTION

13.1. Governing Law

These Terms are governed by UAE law.

13.2. Jurisdiction

Courts of Dubai have exclusive jurisdiction.

13.3. Dispute Process

13.3.1. Resolution steps:

(a) Informal negotiation

(b) Mediation

(c) Litigation

14. FORCE MAJEURE

14.1. Excused Performance

Neither party is liable for delays due to:

(a) Natural disasters

(b) War or terrorism

(c) Government actions

(d) Infrastructure failures

15. ASSIGNMENT

15.1. Transfer Restrictions

You may not assign rights without our consent.

15.2. Permitted Assignments

We may assign to:

(a) Affiliates

(b) Successors

(c) Acquirers

16. NOTICES

16.1. Delivery Methods

16.1.1. Notices must be:

(a) In writing

(b) Sent to designated addresses

(c) Delivered by approved methods

17. GENERAL PROVISIONS

17.1. Entire Agreement

These Terms constitute the complete agreement.

17.2. Severability

Invalid provisions shall be modified to be enforceable.

17.3. Waiver

No waiver of rights implies future waivers.

17.4. Relationship

Parties are independent contractors.

18. DEFINITIONS

18.1. Technical Terms

[As defined in Privacy Policy Section 13]

18.2. Additional Terms

"Services" means all design services, consultations, and related offerings.

"User Content" means all materials submitted by users.

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

19. CONTACT INFORMATION

Ambienza Home Design LLC

[Physical Address]

Legal Department: [Contact]

Email: legal@ambienza.ae

Phone: [Number]

Hours: [Operating Hours]

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: [Date]