Terms and Conditions
Updated at 01-06-2026
BizModo Terms & Conditions
These Terms & Conditions govern access to and use of BizModo, a configurable cloud-based ERP, POS and business management platform, and any related services purchased from the Company.
Available modules, features, integrations, hosting, support and Professional Services depend on the Customer’s subscription, Order Form, Statement of Work or other written agreement. Product descriptions are informational and do not create commitments beyond the Agreement.
By creating an account, accepting an Order Form or quotation, making payment, or accessing BizModo, the Customer accepts the Agreement. A person acting for an organisation confirms that they are authorised to bind it. If the Customer does not accept the Agreement, it must not use BizModo.
ABOUT DYNAMICTECH IT SOLUTION LLC
BizModo is made available by DynamicTech IT Solution LLC, a company incorporated in the United Arab Emirates with its principal office in Abu Dhabi, United Arab Emirates.
In these Terms, “the Company”, “we”, “our” and “us” mean DynamicTech IT Solution LLC.
The Company contracts for subscriptions and any related services identified in an applicable Order Form, quotation or Statement of Work.
Nothing contained within these Terms shall be interpreted as creating a partnership, joint venture, agency, employment relationship or franchise between DynamicTech IT Solution LLC and any Customer.
SCOPE AND ACCEPTANCE
The Agreement applies to the Customer and all Authorised Users using any BizModo application, API, portal, trial, documentation, support or Professional Service. The Customer is responsible for its Authorised Users.
The Customer represents that it has legal capacity and authority to enter into the Agreement, that registration information is accurate, and that BizModo will be used only for lawful business purposes.
An Order Form, Statement of Work, Service Level Agreement, Data Processing Agreement, Privacy Policy or other document expressly incorporated into the Agreement applies only to its stated subject matter. The order of precedence is set out in Section 85.
- INTERPRETATION
Unless the context requires otherwise, the following rules of interpretation shall apply throughout these Terms & Conditions.
- References to the singular include the plural and vice versa.
- References to one gender include all genders.
- The words “including”, “such as”, “for example”, and similar expressions shall be interpreted as illustrative only and shall not limit the meaning of the words preceding them.
- Headings are included solely for convenience and shall not affect the interpretation of these Terms.
- References to legislation include any amendments, replacements, re-enactments or successor legislation.
- Any obligation not to perform an act shall include an obligation not to permit that act to be performed.
- Any reference to written communication includes electronic communication, including email, customer portal notifications and electronic acceptance through the Platform.
- References to “Customer” include all Authorised Users acting on behalf of that Customer.
- Where any inconsistency exists between these Terms and a separately executed written agreement signed by both parties, the written agreement shall prevail only to the extent of the inconsistency.
- Nothing contained within these Terms shall be interpreted as limiting any rights that cannot lawfully be excluded under applicable law.
- LEGAL DEFINITIONS
Agreement
These Terms & Conditions and each applicable Order Form, quotation, Statement of Work, Service Level Agreement, Data Processing Agreement, Privacy Policy and other document expressly incorporated in writing.
Applicable Law
Laws and binding regulatory requirements applicable to the relevant party, service or activity.
Authorised User
An employee, contractor or representative whom the Customer permits to use BizModo. The Customer is responsible for each Authorised User.
Business Day
A day other than Saturday, Sunday or an official public holiday in Abu Dhabi, United Arab Emirates.
Customer
The legal entity or person purchasing, subscribing to or using BizModo or related services.
Force Majeure
An event beyond a party’s reasonable control, including natural disaster, government action, widespread internet or utility failure, cyberattack by a third party, war, civil unrest, epidemic or labour disruption.
Professional Services
Implementation, configuration, migration, training, consulting, integration, custom development or other services separately purchased under a written scope.
Subscription
A time-limited right to access the subscribed parts of BizModo. It does not transfer software or intellectual-property ownership.
- PLATFORM DEFINITIONS
Platform
BizModo applications, APIs, portals, modules, documentation and related hosted services made available under the Customer’s subscription.
Module
A separately identifiable functional component of BizModo. Availability depends on the Customer’s subscription.
Beta Feature
A feature identified as beta, preview, experimental or early access. It may be changed, suspended or withdrawn at any time and should not be relied on for critical operations.
- CUSTOMER DATA DEFINITIONS
Customer Data
Information, records, files, content and configuration entered, uploaded, imported, synchronised or otherwise supplied to BizModo by or for the Customer.
Configuration
Settings, rules, permissions, mappings, workflows and integrations selected or approved by the Customer.
Imported Data
Customer Data migrated from a file, legacy system, API or third-party service.
Production Environment
The live environment used for the Customer’s business operations.
- TECHNICAL DEFINITIONS
API
An application programming interface made available by BizModo for permitted integrations.
Downtime
A period when the Platform is unavailable, excluding scheduled or emergency maintenance, Customer systems, external networks or services, unauthorised use, or Force Majeure.
Incident
An event reported as affecting the normal operation, availability, confidentiality or integrity of the Platform.
Defect
A reproducible failure of standard BizModo functionality to operate materially as documented under supported conditions. A Defect excludes Customer Data, Configuration, Customer or third-party systems, unsupported customisation, misuse and failure to follow documentation.
ACCOUNT REGISTRATION AND CUSTOMER ACCOUNTS
- Account Registration
To access certain features of the Platform, the Customer may be required to create an account or may have an account created on its behalf by BizModo during implementation or onboarding.
The Customer agrees that all information provided during registration shall be complete, accurate and kept up to date throughout the duration of the subscription.
BizModo reserves the right to request additional documentation to verify the identity of the Customer, its business registration, authorised representatives or payment information whenever reasonably necessary to protect the security and integrity of the Platform.
The Company may refuse registration, suspend activation or decline any subscription where information is inaccurate, misleading, incomplete or where the Company reasonably believes the Platform may be used unlawfully or contrary to these Terms.
- Business Information
The Customer must keep its account, billing, tax-registration and contact information accurate and current. The Company may rely on information supplied by the Customer and is not responsible for loss caused by inaccurate or outdated information.
- User Accounts
Each user account is intended for use by a single authorised individual unless a different licensing model has been agreed in writing.
The Customer shall ensure that user accounts are assigned only to authorised personnel and that appropriate access controls are maintained.
The Customer remains fully responsible for every action performed using its user accounts, whether those actions are performed by employees, contractors, consultants or any other authorised person.
The Customer shall immediately disable access for any individual who no longer requires access to the Platform.
- Passwords and Security
The Customer must protect account credentials, use appropriate access controls, prevent credential sharing, promptly disable unnecessary access and notify BizModo Support of suspected unauthorised Platform access. The Company is not responsible for loss caused by compromised credentials or inadequate Customer security.
- Multi-User Access
Multi-user access is subject to the Subscription. The Customer is solely responsible for selecting users, assigning access, configuring approvals and segregation of duties, and supervising use of each account.
USER ROLES AND PERMISSIONS
- User Permissions
The Customer controls user roles and permissions and must review them regularly. The Company is not responsible for access, disclosure, approval, change or deletion resulting from permissions selected or approved by the Customer.
- Administrator Responsibilities
Administrator accounts may control sensitive settings, users, integrations and Customer Data. The Customer must restrict administrator access to trusted personnel and is responsible for all administrator actions.
CUSTOMER RESPONSIBILITIES
- General Customer Responsibilities
The Customer shall use BizModo lawfully and responsibly, maintain appropriate internal controls, security, trained personnel, supported systems and reliable connectivity, and cooperate promptly with BizModo Support and implementation activities. The Customer’s detailed responsibilities for Customer Data, configuration, verification, issue reporting, mitigation and operational decisions are set out in Sections 40–51.
PLATFORM LICENSE AND PERMITTED USE
- Licence Grant
Subject to payment and compliance with the Agreement, the Company grants the Customer a limited, non-exclusive, non-transferable, revocable right during the active Subscription to access and use the subscribed parts of BizModo for its internal business operations.
No software, source code, database, intellectual property or ownership right is transferred. The Customer may not provide BizModo as a service to third parties or exceed subscribed users, entities, branches, modules, storage, API capacity or other limits. All rights not expressly granted are reserved by the Company.
- Permitted Use
The Customer may use only the subscribed parts of BizModo for its own lawful internal business operations and through its Authorised Users. No other right or use is permitted.
- Responsible Use
The Customer and Authorised Users must use the Platform lawfully, protect accounts and Confidential Information, follow the Agreement and reasonable Platform-security instructions, and avoid conduct that interferes with the Platform or other customers.
- General Restrictions
Unless the Company expressly permits it in writing, the Customer must not copy, sell, sublicense or provide the Platform to third parties; reverse engineer or attempt to obtain source code; remove proprietary notices; exceed subscribed limits; bypass access, licensing or security controls; or use the Platform to compete with or disrupt BizModo.
- Security Restrictions
The Customer must not attempt unauthorised access, interfere with Platform security or availability, introduce harmful code, test vulnerabilities without written approval, intercept communications or compromise security mechanisms.
- Misuse of the Platform
The Customer must not use the Platform for any unlawful, unauthorised, harmful or prohibited purpose, or in any manner that violates Applicable Law, third-party rights or this Agreement.
The Company is not required to monitor, investigate or determine the legality of the Customer’s business or conduct. It may restrict access where Platform use creates legal, security, operational or financial risk for the Company, the Platform, other customers or service providers.
- Fair Usage
The Customer must not use excessive or automated activity that materially degrades the Platform, avoids subscribed limits or affects other customers. The Company may limit usage, require a plan change or suspend the affected activity.
INTELLECTUAL PROPERTY
- Ownership
The Customer acknowledges and agrees that BizModo is proprietary software owned or lawfully licensed by the Company.
All Intellectual Property Rights relating to the Platform remain the exclusive property of the Company or its licensors.
Nothing contained within these Terms transfers ownership of any Intellectual Property Rights to the Customer.
- Protected Materials
All software, code, architecture, databases, APIs, algorithms, models, workflows, reports, designs, documentation, brands, templates, methods, tools and other Platform materials remain the exclusive property of the Company or its licensors.
- Customer Feedback
BizModo welcomes suggestions, feature requests and feedback regarding the Platform.
Unless otherwise agreed in writing, any ideas, recommendations, suggestions or enhancement requests voluntarily submitted by the Customer may be used by the Company without payment of royalties or additional compensation.
Nothing in this clause transfers ownership of the Customer’s Confidential Information or Customer Data.
OPEN SOURCE COMPONENTS
- Third-Party Software
Certain components of the Platform may incorporate third-party or open-source software distributed under separate licence terms.
Nothing in these Terms modifies or overrides the licence conditions applicable to such third-party software.
Where required, applicable notices and licences shall be made available through the Platform, documentation or official website.
EXPORT COMPLIANCE
- Compliance with Laws
The Customer agrees not to use, export, re-export or otherwise transfer the Platform in violation of applicable export control laws, sanctions regulations or trade restrictions.
The Customer is responsible for ensuring that its use of the Platform complies with all applicable legal requirements within the jurisdictions in which it operates.
SUBSCRIPTIONS, BILLING AND PAYMENTS
- Subscription Services
BizModo is primarily offered as a subscription-based Software as a Service (SaaS) platform. Access to the Platform is granted only for the duration of an active subscription and in accordance with the Customer’s selected subscription plan, purchased modules, authorised users and commercial agreement.
Unless otherwise agreed in writing, subscriptions are available on monthly, annual or multi-year billing cycles. Certain enterprise customers may operate under separately negotiated commercial agreements.
A subscription grants only the right to access and use the Platform during the applicable subscription period. It does not transfer ownership of the Platform, software, databases, source code or any related intellectual property.
the Company reserves the right to introduce new subscription plans, discontinue existing plans or modify plan features. Such changes shall not affect an active subscription until its next renewal unless required by law or necessary for security, compliance or operational integrity.
- Subscription Commencement
A Subscription begins on the date stated in the applicable commercial document or, if none is stated, when the subscribed service is activated or first made available to the Customer. It continues for the agreed term unless renewed or terminated under the Agreement.
- Subscription Renewals
Subscriptions may renew automatically where automatic renewal has been agreed by the Customer or where provided in the applicable Subscription Agreement.
Where automatic renewal applies, the Customer authorises the Company to invoice or charge the applicable renewal fees in accordance with the agreed billing cycle.
Customers may disable future automatic renewals by providing written notice before the renewal date in accordance with the applicable cancellation policy.
Failure to cancel before renewal shall not invalidate the renewal or entitle the Customer to a refund except where required by applicable law.
- Subscription Upgrades and Downgrades
Approved upgrades may take effect immediately or from the next billing cycle. Downgrades normally take effect at renewal and may reduce users, capacity, functionality, modules or services. The Company is not responsible for the business impact of a Customer-requested downgrade.
- Fees and Charges
The Customer must pay the fees, usage charges and third-party pass-through costs stated in the applicable quotation, Order Form, invoice or written agreement. Fees exclude taxes and government charges unless stated otherwise.
- Payment Obligations
Invoices are payable by the stated due date. The Customer’s internal approvals, procurement requirements, purchase orders, administration or failure to receive an invoice do not delay or remove payment obligations.
- Late Payments
For overdue amounts, the Company may suspend Platform access or services, stop Professional Services or development work, apply charges permitted by Applicable Law and recover unpaid amounts and reasonable enforcement costs. Suspension does not waive amounts due.
- Taxes
The Customer is solely responsible for all taxes applicable to its purchase and use of the Platform, including VAT, sales taxes, withholding taxes or similar government charges, except taxes imposed directly upon the income of the Company.
Where the Company is required by law to collect or remit taxes, such taxes shall be added to the applicable invoice unless a valid exemption is provided.
REFUNDS, RETURNS AND CANCELLATIONS
- General Policy
Fees are charged for the purchased access period, reserved service capacity and work performed or allocated. Except where Applicable Law requires otherwise or the Company agrees in writing, payments are final and non-refundable.
Non-use, reduced use, business change, implementation delay caused by the Customer, cancellation during a current term or failure to use available functions does not create a refund, credit or extension right.
- Subscription Fees
Subscription fees are non-refundable once the Subscription begins. Cancellation stops future renewal only and does not refund the current term. Payment is not a promise of uninterrupted availability, a particular result or use of every feature.
- Implementation and Onboarding Services
Implementation, onboarding and migration services involve the allocation of project managers, consultants, implementation specialists and technical resources.
Once implementation activities have commenced, the corresponding fees are deemed earned progressively as services are performed.
Implementation fees are therefore non-refundable except where otherwise required by applicable law.
- Custom Development and Professional Services
Custom development and Professional Services are performed for the Customer under an approved quotation or Statement of Work. Fees become non-refundable as work is performed or resources are allocated; completed milestones remain payable; and cancellation does not refund completed work or reserved resources. Ownership is governed only by the applicable written agreement.
- Customer-Initiated Delays
The Customer must provide timely information, access, decisions, approvals, attendance, testing and feedback required for Professional Services. Customer delay permits the Company to revise schedules, reallocate resources and charge or reschedule additional work, without refund, discount or cancellation of agreed fees.
- Customer Cancellation
The Customer may cancel future renewal by giving notice under the applicable Subscription terms. Cancellation does not release accrued or outstanding payment obligations, create a refund, affect completed or allocated Professional Services, or transfer any Company intellectual property.
CUSTOMER RESPONSIBILITIES, PLATFORM SUPPORT & RISK ALLOCATION
- Customer Responsibilities
BizModo is a configurable enterprise software platform designed to assist businesses in managing operational, financial and administrative activities.
The Customer acknowledges that the Platform performs calculations, automations, reports and business processes based upon the information entered, business rules configured and operational decisions made by the Customer and its Authorised Users.
Accordingly, the Customer remains solely responsible for the operation of its business and for ensuring that the Platform is configured and used appropriately for its intended business purposes.
Nothing within the Platform shall relieve the Customer of its responsibility to manage, supervise and verify its own business operations.
The Customer further acknowledges that BizModo is intended to support business processes and decision-making but does not replace the Customer’s responsibility to exercise professional judgement, implement appropriate internal controls and ensure compliance with applicable laws and regulations.
- Customer Data
The Customer remains solely responsible for all Customer Data (as defined in Section 4), including its accuracy, completeness, currency and lawful use. BizModo relies on Customer Data supplied by the Customer and its Authorised Users and does not independently verify, audit or validate it unless expressly agreed as separately purchased Professional Services.
The Customer acknowledges that inaccurate, incomplete or outdated Customer Data may materially affect calculations, reports, workflows, integrations and other Platform functionality.
- Configuration Responsibility
The Customer is solely responsible for selecting, reviewing, testing, approving and maintaining all Configuration, permissions, workflows, mappings, rates, rules and integrations before using them in the Production Environment.
Any guidance from BizModo Support does not constitute approval or transfer responsibility for the Customer’s final Configuration.
- Customer Verification Obligations
The Customer is responsible for reviewing and verifying all reports, records, outputs, returns and configurations before relying on them for operational, financial, statutory, regulatory or commercial purposes. The Customer must apply appropriate professional judgement, reconciliations, approvals and internal controls.
- Professional Advice Disclaimer
BizModo is a business management software platform designed to assist organisations in recording, processing and reporting business information.
BizModo does not provide accounting, auditing, taxation, legal, financial or regulatory advice.
Nothing contained within the Platform, its reports, documentation, training materials or support communications shall be interpreted as professional advice.
Where specialised advice is required, the Customer should obtain guidance from appropriately qualified accountants, auditors, tax advisers, legal advisers or other licensed professionals.
- Incorrect Data Entry
The Company is not responsible for loss, inaccuracy or operational consequences caused by inaccurate, incomplete, duplicated, outdated, deleted or improperly imported Customer Data; Customer or Authorised User error; Customer Configuration; or data supplied by a third party.
The Customer must review and validate Customer Data and Platform outputs before relying on them for any business, financial, statutory, regulatory or commercial purpose.
- Reporting Software Issues
The Customer must promptly report a suspected Defect through an official BizModo Support channel and provide information reasonably requested to reproduce it. A report does not establish that BizModo caused the issue or that it is a Defect.
The Customer must preserve relevant records, stop or limit use of affected functionality where reasonably necessary, and apply available workarounds or updates. Delay or insufficient information may prevent or delay assessment.
- Investigation of Reported Issues
BizModo Support may assess a reported issue using the information and access the Customer provides. The Company is not required to access Customer systems, audit Customer Data or investigate the Customer’s business, employees, accounts, tax position, internal controls or legal compliance.
The Company may classify, reproduce and prioritise the issue in its reasonable discretion. Assessment and response times are not guaranteed unless expressly stated in an applicable Service Level Agreement.
- Resolution of Verified Software Defects
If the Company confirms a Defect, it may choose a reasonable response, including guidance, a workaround, an update or a future correction. The Company does not guarantee that every Defect will be corrected, that a correction will be permanent, or that it will be delivered within a particular time unless an applicable Service Level Agreement expressly states otherwise.
Any response may depend on severity, reproducibility, technical complexity, testing, third-party services and Customer cooperation.
- Continued Use After a Suspected Defect
If the Customer knows or reasonably suspects that a workflow, report, feature or calculation may be materially affected, it must stop or limit reliance on the affected function, preserve relevant records, report the issue promptly, apply available workarounds and use reasonable alternative procedures.
The Company is not responsible for avoidable loss caused by continued use after the Customer knew or should reasonably have known of the issue, except to the extent liability cannot lawfully be excluded.
- Customer Duty to Mitigate Loss
The Customer must take reasonable steps to avoid or reduce loss, preserve records, cooperate with reasonable technical requests and validate corrective updates before returning affected functions to live use. Failure to mitigate may reduce any remedy or recovery to the extent permitted by Applicable Law.
- Allocation of Operational Responsibility
The Company provides the subscribed Platform and any expressly purchased Professional Services. This does not make the Company responsible for the Customer’s business operations, Customer Data, Configuration, users, supervision, internal controls, professional decisions, reports, filings, tax, payroll, inventory, sales, legal compliance or third-party systems.
Any Company obligation must be expressly stated in the Agreement. Assistance, guidance, classification, testing or technical response does not transfer the Customer’s responsibilities or create a duty to audit, monitor, investigate or prevent Customer-side events.
- Platform Availability
BizModo is provided on an available-service basis. Except for an uptime commitment expressly stated in an applicable Service Level Agreement, the Company does not promise continuous availability, uninterrupted access, error-free operation, recovery time or compatibility with every device, network, browser, integration or third-party service.
Downtime may result from maintenance, updates, infrastructure or network events, third-party services, security events, Customer systems or Force Majeure. The Customer must maintain reasonable continuity arrangements for critical operations.
- Scheduled Maintenance
The Company may schedule maintenance, updates, migrations and infrastructure work that temporarily limits access or functionality. Scheduled maintenance is not a breach of the Agreement and is excluded from Downtime calculations unless an applicable Service Level Agreement expressly states otherwise.
The Company may provide maintenance information where reasonably practicable but does not guarantee advance notice, a particular maintenance window or completion time.
- Emergency Maintenance
The Company may perform emergency maintenance or suspend affected functionality without notice where it considers this reasonably necessary for security, law, infrastructure, third-party dependency, service integrity or a suspected Defect.
Emergency action does not create a duty to detect or prevent every threat, failure, loss or Defect, and no restoration time is promised unless an applicable Service Level Agreement expressly states otherwise.
- Software Updates and Product Enhancements
The Company may update, replace, redesign, add, limit or discontinue features, integrations, interfaces and supporting technology to operate, secure or improve BizModo. Updates may be deployed automatically and may change workflows or compatibility.
The Company will not materially remove a core paid service during an active Subscription solely to avoid providing it, but may change or suspend functionality where reasonably required for security, law, third-party dependency, technical integrity or product retirement. Unless an executed agreement states otherwise, roadmap statements and feature requests are not commitments.
BIZMODO SUPPORT SERVICES
- BizModo Support
BizModo Support may provide technical assistance for standard Platform functionality within the Customer’s plan, support package or Service Level Agreement. Support scope, channels and availability may vary.
Support excludes configuration approval, data validation, customisation, project work, business consulting and accounting, tax, legal, HR, audit or regulatory advice unless separately purchased as Professional Services. Support does not transfer responsibility for the Customer’s operations, decisions, Customer Data or Configuration.
- Support Channels
The Customer may contact BizModo Support only through official channels designated by the Company. Channels may be changed, limited or withdrawn at any time and may vary by Subscription or support package.
- Incident Classification
BizModo Support may classify reported issues by apparent operational impact for internal prioritisation. Any classification is provisional, may change and does not admit that BizModo caused the issue.
Priority labels do not create response, resolution, escalation, staffing or restoration commitments unless an applicable Service Level Agreement expressly states them. The Company may consider severity, affected users, workaround availability, reproducibility, technical complexity, third-party dependencies and Customer cooperation.
- Customer Cooperation During Support
The Customer must provide timely information, records, access, testing and confirmation reasonably requested for technical assessment. Incomplete information, refused access or delayed cooperation may prevent or delay assessment or response.
- Remote Assistance
Where reasonably necessary to investigate or resolve reported issues, BizModo Support may request temporary remote access to the Customer’s environment.
Remote access shall only be performed with the Customer’s knowledge and consent and shall be limited to the extent reasonably necessary for the requested support activity.
The Customer may decline remote access. However, where such access is reasonably necessary to investigate or reproduce a reported issue, the Company shall not be responsible for delays in resolution resulting from the Customer’s refusal to provide access.
- No Guaranteed Resolution Time
The Company does not guarantee that a reported issue will be reproduced, classified, corrected or resolved, or that any response or resolution will occur within a particular time, unless an applicable Service Level Agreement expressly states otherwise.
Timing may depend on severity, reproducibility, complexity, testing, third-party services, infrastructure, legal or security considerations and Customer cooperation. Status information is provided for convenience and is not a commitment.
DATA OWNERSHIP, PRIVACY, CONFIDENTIALITY & INFORMATION SECURITY
- Ownership of Customer Data
The Customer retains ownership of Customer Data as defined in Section 4. Nothing in this Agreement transfers ownership of Customer Data to the Company.
Except as necessary to provide the subscribed services or as otherwise permitted by this Agreement or applicable law, the Company shall not claim ownership of Customer Data.
- Licence to Process Customer Data
The Customer grants the Company a limited, non-exclusive, worldwide licence during the Subscription and applicable retention period to host, process, transmit, store, back up and otherwise use Customer Data only as reasonably necessary to provide, secure, maintain and support the subscribed services, perform authorised Professional Services and comply with Applicable Law.
- Customer Responsibility for Data
The Customer is solely responsible for the accuracy, completeness, legality and permitted use of Customer Data; all required notices, permissions and consents; third-party rights; and compliance with its own record-keeping, privacy and data-protection obligations.
The Company is not required to monitor, audit, investigate or verify the Customer’s business operations, Customer Data, employees, tax position, accounting records, regulatory filings or legal compliance.
- Customer Backups and Record Retention
Unless an executed agreement expressly states otherwise, BizModo is not a customer backup, archival or statutory record-retention service. Any platform backup is maintained for the Company’s service-recovery purposes and does not replace the Customer’s own exports, backups and legally required records.
The Customer must export required Customer Data before expiration or termination. Assistance outside standard export functionality may be charged as Professional Services.
- Confidential Information
Confidential Information means non-public business, commercial, financial, customer, personnel, product, technical, security or operational information disclosed by either party, including Customer Data and the Company’s software, architecture, methods, documentation and know-how.
Each party must protect the other’s Confidential Information with reasonable care, use it only for the Agreement, restrict access to persons who need it and are bound by confidentiality, and disclose it only where the Agreement or Applicable Law permits.
- Exclusions from Confidential Information
Information shall not be considered Confidential Information where it:
- is or becomes publicly available through no fault of the receiving party;
- was lawfully known by the receiving party before disclosure;
- is independently developed without reference to the disclosed information;
- is lawfully received from a third party without confidentiality restrictions; or
- is required to be disclosed by law, regulation or court order.
Where disclosure is required by law, the receiving party shall, where legally permitted, provide reasonable notice to the other party before making such disclosure.
- Information Security
The Company uses administrative, technical and organisational measures it considers appropriate for the Platform and Customer Data under its control. Security measures may change and do not guarantee that every threat, unauthorised access, loss or incident will be prevented.
The Company is not responsible for Customer devices, networks, credentials, user conduct, Configuration or third-party systems and integrations not controlled by the Company.
- Customer Security Responsibilities
The Customer must secure its devices, networks, accounts, credentials, administrators and Authorised Users; use available security controls; remove unnecessary access promptly; maintain supported systems; and report suspected Platform security incidents to BizModo Support.
The Company is not responsible for incidents caused by Customer systems, credentials, Configuration, Authorised Users or failure to maintain reasonable security.
- Security Incidents
If the Company confirms a security incident affecting Customer Data under its control, it may take containment, assessment and remedial steps it considers appropriate. The Company will notify the Customer only where and within the time required by Applicable Law or an executed agreement.
A notice or remedial step is not an admission of fault or liability. The Customer remains responsible for its own response, notifications and legal obligations unless Applicable Law expressly provides otherwise.
- Privacy
The collection, processing and protection of personal information are governed by the BizModo Privacy Policy, which forms part of this Agreement.
By using the Platform, the Customer acknowledges that personal information may be processed in accordance with the Privacy Policy and applicable data protection laws.
Where there is any inconsistency between this Agreement and the Privacy Policy regarding the processing of personal data, the Privacy Policy shall prevail to the extent of that inconsistency.
- Data Retention and Deletion
After expiration or termination, the Company may retain and delete Customer Data under its then-current retention practices and Applicable Law. The Customer must export required Customer Data before access ends. Backups may persist temporarily for service-recovery or legal purposes, and permanently deleted data may not be recoverable.
The Company is not responsible for loss caused by the Customer’s failure to export Customer Data within the available period, except where Applicable Law requires otherwise.
- Aggregated and Anonymised Data
The Company may create and use aggregated or anonymised information derived from Platform use for service operation, security, analysis and product improvement, provided it does not identify the Customer or an individual.
LEGAL RISK ALLOCATION AND GENERAL TERMS
- Warranties and Disclaimers
The Company will provide paid Professional Services substantially in accordance with the applicable written scope. The Customer’s exclusive remedy for a material failure is re-performance of the affected service where reasonably possible, provided the Customer gives prompt written notice.
To the maximum extent permitted by Applicable Law, BizModo, Beta Features, documentation and related services are provided on an ‘as is’ and ‘as available’ basis. The Company does not warrant uninterrupted or error-free operation, complete security, legal or regulatory compliance, fitness for a particular purpose, or any business, accounting, tax, employment, stock, sales, profit or other result. Implied warranties and conditions are excluded to the extent permitted by law.
- Limitation of Liability
To the maximum extent permitted by Applicable Law, neither the Company nor its affiliates, officers, employees, contractors, licensors or service providers is liable for indirect, incidental, special, punitive, exemplary or consequential loss, or for loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data, whether arising in contract, tort (including negligence), statute or otherwise, even if advised of the possibility of such loss.
To the maximum extent permitted by Applicable Law, the Company’s total aggregate liability arising out of or relating to the Agreement shall not exceed the fees paid or payable by the Customer for the affected services during the twelve months immediately preceding the event giving rise to the claim. This cap applies collectively to all claims and does not limit liability that cannot lawfully be limited.
The Customer’s remedies are limited to those expressly stated in this Agreement.
- Customer Indemnity
The Customer shall defend, indemnify and hold harmless the Company, its affiliates, officers, employees, contractors, licensors and service providers from claims, losses, liabilities, damages, penalties, costs and reasonable legal fees arising from Customer Data, Customer operations, Customer instructions, Customer Configuration, Customer systems, Authorised Users, breach of this Agreement, violation of Applicable Law or infringement of third-party rights.
The Company shall give reasonable notice of an indemnified claim and may control its defence and settlement. The Customer must not settle a claim in a manner that admits Company liability or imposes obligations on the Company without the Company’s prior written consent.
- Suspension
The Company may suspend all or part of the Platform or related services for overdue payment; use of the Platform in violation of Applicable Law; material breach of this Agreement; unauthorised access or attempted interference; security risk to the Platform or other customers; a legal or regulatory requirement affecting the Company; or where continued access may expose the Company, Platform, infrastructure, customers or service providers to legal, security, operational or financial risk.
The Company may act immediately where reasonably necessary. Where practicable, it may give notice or an opportunity to remedy. Suspension does not waive accrued payment obligations.
- Termination and Effect of Termination
Either party may terminate the Agreement if the other materially breaches it and does not remedy the breach within thirty days after written notice, or immediately if the breach cannot be remedied, the other party becomes insolvent, or termination is required by Applicable Law.
The Company may terminate immediately for repeated material breach, use of the Platform in violation of Applicable Law, unauthorised access or attempted interference, or where continued access creates material legal, security, operational or financial risk for the Company, Platform, infrastructure, customers or service providers.
On expiration or termination, access ends, outstanding amounts become due and the Customer must stop using Company Confidential Information. Provisions intended by nature to survive remain effective. Customer Data is handled under Sections 62-73.
- Force Majeure
Neither party shall be liable for delay or failure to perform an obligation, other than a payment obligation, caused by a Force Majeure event as defined in Section 2, provided that the affected party uses commercially reasonable efforts to mitigate the effects and resume performance. If the event continues for more than sixty consecutive days and materially prevents performance, either party may terminate the affected services by written notice.
- Governing Law and Jurisdiction
This Agreement and any non-contractual obligations arising from it are governed by the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi. The courts of Abu Dhabi shall have exclusive jurisdiction over any dispute, subject to any mandatory law that applies. The parties shall first attempt in good faith to resolve a dispute through authorised representatives before commencing proceedings. DynamicTech IT Solution LLC may seek urgent injunctive or protective relief in any court of competent jurisdiction.
- Notices
Legal notices to the Company must be in writing and delivered to DynamicTech IT Solution LLC at its registered office in Abu Dhabi, United Arab Emirates, or to the legal or contact email address published on the official BizModo website. Notices to the Customer may be delivered to the account email address, through the Platform or Customer Portal, or to the address stated in an Order Form.
A notice is deemed received when delivered by hand, on recorded delivery by courier, or—if sent electronically—on the next Business Day after transmission, unless the sender receives a delivery failure notice.
- Assignment
The Customer may not assign, transfer, novate or subcontract its rights or obligations under the Agreement without the Company’s prior written consent. The Company may assign or transfer the Agreement to an affiliate or in connection with a merger, reorganisation, financing, sale of business or assets, or similar transaction, provided this does not materially reduce the Customer’s rights.
- Severability
If any provision is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed. The remaining provisions shall continue in full force and effect.
- Waiver
A waiver is effective only if made in writing by an authorised representative. A delay or failure to exercise a right or remedy is not a waiver, and a waiver on one occasion is not a waiver on any later occasion. Rights and remedies under the Agreement are cumulative.
- Entire Agreement and Order of Precedence
The Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes prior proposals, discussions and understandings concerning that subject matter. Each party acknowledges that it has not relied on a statement not expressly incorporated into the Agreement, subject to any liability that cannot lawfully be excluded.
If documents forming the Agreement conflict, a separately executed agreement or Order Form prevails over these Terms for its specific subject matter, followed by an applicable Statement of Work, Service Level Agreement or Data Processing Agreement, then these Terms, unless the relevant document expressly states otherwise.
- Amendments
The Company may amend these Terms to reflect changes in law, security, technology, Platform functionality or business practices. Material amendments will be notified through the Platform, Customer Portal, email or official website and will take effect on the stated date. Continued use after the effective date constitutes acceptance, except where applicable law or an executed agreement requires express consent. Changes to an executed Order Form or Statement of Work must be agreed in writing by authorised representatives.
- Contact
Contact DynamicTech IT Solution LLC through the official BizModo website, Customer Portal or published contact details. Use BizModo Support channels for operational incidents and clearly identify legal notices.
- Sales: [email protected]
- BizModo Website: https://bizmodo.ae
- DynamicTech Website: https://dynamictech.ae
- Check DynamicTech Terms & Conditions and other documents.