WEBSITE AND PLATFORM TERMS OF USE

ARTICLE 1: PARTIES, LEGAL STATUS, ACCEPTANCE, AND DEFINITIONS

1.1 Corporate Information

These Terms of Use govern the PellaNova platform and all associated digital assets operated by Pella Dynamics Marketing Services LLC SOC (hereinafter "the Company"), duly incorporated and registered under the laws of the Emirate of Dubai.

1.2 Binding Consent

Any User (natural or legal person) who accesses the site, views content, or purchases services represents and warrants that they have read, understood, and are irrevocably and unconditionally bound by these Terms from the moment of entry or use of the Platform.

1.3 Legal Capacity

The User represents and warrants that they are at least eighteen (18) years old and possess the full legal capacity and authority to enter into binding agreements under applicable law.

1.4 Global Application

Although the Company is Dubai-based, services are provided cross-border. These Terms apply to the maximum extent permitted under applicable mandatory laws, including consumer protection laws in the User jurisdiction.

1.5 Definitions

For the purposes of this Agreement:

• "Platform" means the PellaNova website, dashboard, software, and related digital infrastructure.
• "Digital Content" means reports, analytics, dashboards, statistical models, and data outputs provided through the Platform.
• "Subscription" means recurring paid access to Digital Content or Platform features.
• "Access Granted" means the moment user credentials, dashboard visibility, or digital content access is provided to the User.
• "Chargeback" means any payment dispute initiated through a bank, card network, or payment service provider.

ARTICLE 2: NATURE OF SERVICE AND ABSOLUTE DISCLAIMER

2.1. Not Professional Advice

All reports, analyses, statistical models, and data outputs provided by PellaNova are for informational purposes only. They do not constitute financial, investment, legal, or marketing advice.

2.2. Decision-Making Responsibility

User is responsible for decisions made based on the provided data (e.g., ad spend, investment strategies, commercial moves). The Company shall not be liable for any loss of profit, commercial loss, or data loss.

2.3. Disclaimer of Warranties

The service is provided "AS-IS." The Company makes no express or implied warranties regarding accuracy, timeliness, completeness, or fitness for a particular purpose.

2.4 Service Availability

The Platform is provided on an availability basis. The Company does not guarantee uninterrupted or error free operation and may perform maintenance, updates, or security interventions at its discretion.

ARTICLE 3: INTELLECTUAL PROPERTY AND TRADE SECRETS

3.1. Exclusive Ownership

All reporting methodologies, algorithms, source codes, data structures, and interfaces are the exclusive property of the Company, protected by international copyright, intellectual property, and trade secret laws.

3.2. Prohibition of Distribution

The User may not provide, copy, or publicly disclose any report or methodology to third parties for commercial purposes without prior written consent, even if the source is cited.

3.3. License Scope

The User is granted a non-transferable, non-exclusive license for personal or internal corporate use only.

ARTICLE 4: CYBERSECURITY AND USAGE RESTRICTIONS

4.1. Anti-Mining Policy

The User shall not use automated devices, bots, spiders, scrapers, or AI-based tools for data mining.

4.2. Reverse Engineering

Any attempt to decompile, reverse engineer, disassemble, or otherwise derive the source code, algorithms, or underlying structure of the Company’s software, systems, or technologies is strictly prohibited and may result in civil or criminal liability under applicable law.

4.3. System Integrity

The User agrees not to perform DDoS attacks or any action that compromises system infrastructure.

ARTICLE 5: INDEMNIFICATION AND LIMITATION OF LIABILITY

5.1. Liability Cap

The maximum aggregate liability of the Company, to the maximum extent permitted under applicable law, shall be limited to the total fees paid by the User to the Company during the three (3) months immediately preceding the event giving rise to the claim.

5.2. Force Majeure

The Company shall not be liable for service interruptions or failures caused by events beyond its reasonable control, including but not limited to global data center outages, cyber attacks, or third party service failures (including AWS, Google, Vercel, Cloudflare, and similar providers).

ARTICLE 6: GOVERNING LAW AND ARBITRATION

6.1. Dubai Laws

This Agreement is governed by the laws of the Emirate of Dubai and the federal laws of the UAE.

6.2. Mandatory Arbitration

Any dispute shall be finally resolved by arbitration under the rules of the Dubai International Arbitration Centre (DIAC). The seat of arbitration shall be Dubai, United Arab Emirates. The language of arbitration shall be English. The arbitration shall be conducted by one (1) arbitrator. The arbitral award shall be final and binding on both parties.

6.3. Right to Litigate

The Company reserves the right to initiate legal proceedings in the User jurisdiction in cases involving intellectual property violations, fraud, or payment disputes.

ARTICLE 7: TERMINATION AND SUSPENSION RIGHTS

The Company reserves the right to suspend or terminate access to the Platform immediately, without liability, in cases of non payment, chargeback attempts, suspected fraud, security risks, abuse of the Platform, or where required by applicable law or regulatory authorities.

ARTICLE 8: SEVERABILITY

8.1. Severability Clause

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain valid and enforceable to the maximum extent permitted under applicable law.

ARTICLE 9: ENTIRE AGREEMENT

9.1. Entire Agreement

This Agreement constitutes the entire agreement between the Company and the User and supersedes all prior or contemporaneous communications, negotiations, representations, or agreements, whether written or oral.

ARTICLE 10: MODIFICATION OF TERMS

10.1. Modification of Terms

The Company reserves the right to modify or update these Terms at any time. Continued access to or use of the Platform after any such updates constitutes acceptance of the revised Terms.

ARTICLE 11: SANCTIONS AND EXPORT COMPLIANCE

11.1. Sanctions and Export Compliance

The User confirms and represents that they are not subject to any international sanctions, restricted party lists, or trade embargoes, and agrees not to use the Platform in violation of applicable export control laws or international sanctions regulations.

ARTICLE 12: PELLANOVA WEBSITE CREATION SERVICES

12.1 Nature of Service

PellaNova is a website creation and digital infrastructure service provided under the PellaNova Platform. The service includes website design and technical setup, domain registration (1 year), hosting services (1 year), SSL certificate provisioning, and deployment based strictly on information, content, and instructions supplied by the User.

The Company does not independently create legal claims, regulatory statements, guarantees, or factual business representations on behalf of the User.

12.2 User-Supplied Content Responsibility

All website content including but not limited to text, images, logos, business claims, product or service descriptions, legal disclosures, contact information, and regulatory statements are provided entirely by the User.

The Company does not verify the legal accuracy, intellectual property ownership, regulatory compliance, or consumer law compliance of User-supplied content.

The User bears full legal responsibility for all published materials and agrees to indemnify and hold harmless the Company from any third-party claims, regulatory penalties, intellectual property disputes, or legal proceedings arising from such content.

12.3 No Agency or Representation

The Company acts solely as a technical service provider.

Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency relationship, legal representation, marketing representation, or fiduciary duty between the Company and the User.

12.4 Service Completion and Delivery

The PellaNova service shall be deemed fully performed when the website is deployed, hosting is activated, domain is connected, access credentials are delivered, and the website becomes publicly accessible online.

Delivery is considered complete at the moment the website is technically accessible via the assigned domain.

12.5 Immediate Digital Performance and No Refund Policy

Website services under PellaNova constitute custom digital services initiated immediately after payment confirmation.

By completing payment, the User expressly consents to the immediate commencement of digital performance and acknowledges that domain registration and hosting activation involve irreversible third-party costs.

Once domain registration, hosting provisioning, or technical deployment has begun, payment becomes non-refundable to the maximum extent permitted under applicable law.

Nothing in this clause limits rights that cannot legally be waived under mandatory consumer protection laws.

12.6 Domain and Hosting Term

Each PellaNova package includes one (1) year domain registration, one (1) year hosting service, and SSL certificate provisioning. No additional fee is charged during the initial 12-month period.

At the end of the 12-month term, renewal is not automatic unless explicitly agreed in writing. Continued usage requires renewal through the Company. Failure to renew may result in suspension, expiration, or permanent loss of domain and hosting rights.

The Company shall not be liable for domain expiration, suspension, or loss resulting from non-renewal.

12.7 Third-Party Infrastructure Disclaimer

Domain registration, hosting services, SSL certificates, and related infrastructure may rely on third-party providers.

The Company shall not be liable for registry-level disputes, hosting outages, DNS propagation delays, SSL limitations, or failures caused by third-party infrastructure providers. Force Majeure provisions under this Agreement apply.

ARTICLE 13: WEBSITE CONTENT COMPLIANCE AND REGULATORY RESPONSIBILITY

13.1 Compliance Responsibility

The User is solely responsible for ensuring that the website complies with applicable consumer protection laws, advertising regulations, data protection laws, cookie regulations, and any industry-specific regulatory requirements.

The Company does not provide compliance auditing, legal review, or regulatory approval unless separately contracted in writing.

13.2 No SEO or Performance Guarantee

The Company does not guarantee search engine rankings, SEO performance, website traffic, conversion rates, commercial success, or revenue generation.

Technical deployment of the website does not constitute marketing performance assurance.

13.3 Maintenance Scope

Unless separately agreed in writing, ongoing maintenance, content updates, technical support beyond initial deployment, and performance optimization services are not included in the standard PellaNova package and may require additional fees.

ARTICLE 14: CLIENT DELAY AND CONTENT FREEZE

14.1 Client Delay

If the User fails to provide required content, approvals, or materials within a reasonable timeframe, delivery timelines may be extended without liability to the Company.

14.2 Content Freeze Upon Delivery

Once the website is delivered and publicly accessible, the project shall be considered complete. Additional revisions, structural modifications, or redesign requests may require a new service agreement or additional fees.

ARTICLE 15: DOMAIN OWNERSHIP AND CONTROL

15.1 Domain Registration

Domain registration may be performed on behalf of the User. Where applicable, the domain shall be registered in the User’s name, subject to payment compliance and renewal obligations.

15.2 Renewal Requirement

After the initial one (1) year term, domain and hosting renewal must be completed through the Company. The Company is under no obligation to maintain services beyond the prepaid period.

15.3 Transfer Requests

Domain transfer requests may be subject to administrative fees, outstanding payment settlement, and applicable registry policies.

ARTICLE 16: SURVIVAL

16.1 Survival of Clauses

All clauses relating to Intellectual Property, Indemnification, Limitation of Liability, No-Refund Policy, Arbitration, and Governing Law shall survive termination of the Agreement.