Terms of Service

1. Agreement

These terms form an agreement between you (or the organisation you represent) and Enterprise AI Development, Production & Advancement Global FZCO, operating as NXAARA AI Cloud, of Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates.

By creating an account or using the service you accept these terms. If you are accepting on behalf of an organisation, you confirm you have authority to bind it.

Where you and we have signed a separate written agreement covering the same subject matter, that agreement takes precedence over these terms to the extent of any conflict.

2. The service

NXAARA provides cloud infrastructure and software for developing and operating AI systems, including compute, dataset services, model fine-tuning, retrieval and inference.

We develop the service continuously. We may add, change or remove features, and we will give reasonable advance notice of changes that materially reduce functionality you are actively using.

Some capabilities are offered as previews and are identified as such. Previews may change or be withdrawn, and service commitments do not apply to them.

3. Your account

You are responsible for the security of your credentials and API keys, and for all activity conducted under them. Keys should be held server-side and rotated periodically.

You must give accurate registration information and keep it current, particularly billing contacts.

You are responsible for the conduct of members you invite to your organisation.

Notify us promptly at security@nxaara.com if you believe credentials have been compromised.

4. Acceptable use

Your use of the service is subject to our Acceptable Use Policy, which forms part of these terms.

We may suspend workloads or accounts that breach that policy, threaten the stability or security of the platform, or expose us to legal liability. Except where the risk requires immediate action, we will notify you first and give you an opportunity to correct the problem.

5. Customer content and ownership

You retain all rights in the data, documents, prompts and outputs you upload to or generate through your projects. We claim no ownership of them.

You grant us only the limited licence necessary to host, process and transmit that content so that we can provide the service to you.

You are responsible for having the rights necessary to use the content you upload, including any personal data within it.

Models you fine-tune are yours to export and use, subject to the licence terms of the underlying base model, which are shown in the catalogue before you begin a job.

6. Fees and payment

Metered services are billed on consumption at the rates shown in the console at the time of use. Reserved capacity and private deployments are billed as set out in the applicable order or quotation.

Invoices are payable within the period stated on the invoice. Overdue amounts may attract interest at the rate permitted by UAE law.

Fees are exclusive of VAT and other applicable taxes, which are added where required.

We may change published rates on thirty days' notice. Rates fixed in a signed order or reservation are held for the term of that order.

We may suspend service on materially overdue accounts after written notice. Suspension does not relieve you of accrued charges.

7. Availability and support

We aim to provide a reliable and continuously available service, and we will give advance notice of planned maintenance wherever practicable.

Where a service level agreement applies to your account, it is set out in a separate document that forms part of your order. In the absence of such a document, the service is provided without a contractual availability commitment.

Support channels and response expectations depend on your plan and are described in your order or on the pricing page.

8. Model outputs

AI systems produce probabilistic output. Outputs may be inaccurate, incomplete or unsuitable for a given purpose, and we do not warrant that they will be correct.

You are responsible for evaluating outputs before relying on them, and for any decision made on the basis of them.

The service is not designed or supplied for use as a medical device, for autonomous clinical decision-making, or for any application where failure could reasonably result in death or serious injury, unless we have agreed that use in a separate written agreement with appropriate controls.

9. Confidentiality

Each party will protect the other's confidential information with at least the care it applies to its own, and will use it only for the purposes of this agreement.

This does not apply to information that is public through no fault of the receiving party, was already lawfully known, or is independently developed. Disclosure required by law is permitted, with notice to the other party where lawful.

10. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care.

Beyond that, and to the maximum extent permitted by law, the service is provided as is and we exclude all other warranties, express or implied, including fitness for a particular purpose.

11. Limitation of liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of data to the extent that data could have been recovered from a backup the affected party ought reasonably to have maintained.

Subject to the above, each party's total aggregate liability arising from this agreement is limited to the total fees paid or payable by you in the twelve months preceding the event giving rise to the claim.

12. Term and termination

These terms apply for as long as you hold an account.

You may close your account at any time. Metered charges accrued up to closure remain payable, and committed terms run to their end date unless we agree otherwise.

We may terminate for material breach that is not remedied within thirty days of written notice, or immediately where the breach is incapable of remedy or involves unlawful use.

On termination, you may export your customer content during a grace period stated in your agreement, after which it is deleted.

13. Governing law

This agreement is governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai.

The courts of Dubai have exclusive jurisdiction, save that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

14. Changes to these terms

We may update these terms. Material changes will be notified to account holders by email at least thirty days before they take effect. Continued use after that date constitutes acceptance. If you do not accept a material change, you may close your account before it takes effect and we will refund any prepaid, unused fees.

Contact

Questions about this document should go to legal@nxaara.com, or by post to Enterprise AI Development, Production & Advancement Global FZCO, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates.