Terms of Service
1. Introduction
Welcome to Unistack Software Services - FZCO ("Unistack," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, deliverables, and any related content provided by Unistack Software Services - FZCO.
By accessing our website, submitting enquiries, engaging our services, or entering into a service agreement with us, you ("you," "your," "Client," or "User") agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.
These Terms apply to all visitors, prospective clients, clients, partners, and any other individuals or entities interacting with Unistack Software Services - FZCO through our website or service engagements.
2. About Unistack Software Services - FZCO
Unistack Software Services - FZCO is a technology company registered in the United Arab Emirates. We provide comprehensive software development and IT services including, but not limited to:
- Custom software development
- Mobile application development (iOS, Android, cross-platform)
- Web application development
- Enterprise software solutions
- AI and machine learning solutions
- Data engineering and analytics
- Cloud computing services
- UI/UX design
- Software consulting and architecture
- Quality assurance and testing
- DevOps and infrastructure management
- Technical support and maintenance
We serve businesses across the UAE, Middle East, and internationally.
3. Services Overview
Our services are delivered through various engagement models, including:
- Fixed-Price Model: Ideal for projects with clearly defined scope and requirements
- Time & Materials: Best for agile projects where requirements evolve
- Dedicated Development Team: A full-time team focused exclusively on your long-term product roadmap
The specific scope, deliverables, timelines, pricing, and terms of any service engagement are defined in a separate Statement of Work (SOW), Service Agreement, or Proposal ("Service Agreement") mutually agreed upon between you and Unistack. In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail to the extent of the conflict.
4. Use of Website
4.1 Permitted Use
You may access and use our website for lawful purposes only. You agree to use the website in a manner consistent with all applicable local, national, and international laws and regulations.
4.2 Prohibited Conduct
When using our website, you agree not to:
- Reproduce, duplicate, copy, sell, or exploit any portion of the website without our express written permission
- Use any automated system, including bots, scrapers, or crawlers, to access the website for any purpose without our prior consent
- Attempt to gain unauthorized access to any part of the website, its servers, or any connected systems or databases
- Introduce viruses, malware, or any other harmful or disruptive code
- Interfere with or disrupt the integrity, performance, or security of the website
- Use the website to transmit unsolicited commercial communications, spam, or promotional material
- Misrepresent your identity or affiliation with any person or organization
- Collect or harvest personal data of other users without their consent
4.3 Account Information
If any area of our website requires you to register or provide login credentials, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
5. Intellectual Property Rights
5.1 Website Content
All content on our website — including text, graphics, logos, icons, images, audio, video, software, code, page layout, and design — is the property of Unistack Software Services - FZCO or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws of the UAE and international jurisdictions. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any website content without our prior written consent, except for personal, non-commercial reference purposes.
5.2 Trademarks
"Unistack," the Unistack logo, and all related names, logos, product and service names, designs, and slogans are trademarks or trade names of Unistack Software Services - FZCO. You may not use these marks without our prior written permission. All other trademarks referenced on the website are the property of their respective owners.
5.3 Service Deliverables
Intellectual property rights relating to service deliverables (such as code, architectures, designs, documentation, and reports) are governed by the applicable Service Agreement between you and Unistack. Unless explicitly stated otherwise in a signed Service Agreement, all intellectual property created during an engagement shall be addressed as follows:
- Client-specific deliverables: Upon full payment of all applicable fees, intellectual property rights in bespoke deliverables created exclusively for the Client shall transfer to the Client, as specified in the Service Agreement.
- Pre-existing IP: Unistack retains all rights to its pre-existing intellectual property, tools, frameworks, libraries, methodologies, and know-how that existed prior to the engagement or were developed independently. Where such pre-existing IP is incorporated into deliverables, Unistack grants the Client a non-exclusive, perpetual, royalty-free license to use it within the scope of the delivered solution.
- General knowledge: Unistack retains the right to use general skills, knowledge, experience, techniques, and concepts acquired or developed during any engagement.
6. Client Responsibilities
When engaging Unistack for services, you agree to:
- Provide timely, accurate, and complete information, data, and access necessary for us to perform the agreed services
- Designate a primary point of contact with authority to make decisions and provide approvals related to the engagement
- Review and provide feedback on deliverables within the timeframes outlined in the Service Agreement
- Ensure that any data, materials, or content you provide to us does not infringe the intellectual property rights or privacy rights of any third party
- Comply with all applicable laws and regulations related to your use of our services and deliverables
- Make payments in accordance with the terms outlined in the applicable Service Agreement or invoice
Delays or failures caused by the Client's inability to fulfill these responsibilities may result in adjusted timelines, additional costs, or scope modifications, as mutually agreed.
7. Fees and Payment
7.1 Pricing
Fees for our services are outlined in the applicable Service Agreement, Proposal, or Statement of Work. All pricing is exclusive of applicable taxes unless explicitly stated otherwise.
7.2 Payment Terms
Unless otherwise agreed in writing, invoices are due within thirty (30) days of the invoice date. We reserve the right to charge interest on overdue payments at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
7.3 Expenses
Any pre-approved, out-of-pocket expenses incurred in connection with the delivery of services (such as travel, software licenses, cloud services, or third-party tools) will be invoiced separately at cost, unless otherwise agreed.
7.4 Suspension of Services
We reserve the right to suspend or delay the delivery of services if payments are materially overdue, after providing reasonable written notice.
7.5 Taxes
All fees exclude applicable federal, state, local, or other governmental sales, value-added, goods and services, or other taxes, fees, or charges ("Taxes"). You are responsible for paying all applicable Taxes relating to your use of our services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the fees you have paid or will pay, you are responsible for those Taxes, and we may collect payment.
8. Confidentiality
8.1 Mutual Obligations
Both parties acknowledge that during the course of an engagement, they may receive confidential information from the other party. "Confidential Information" includes any business, technical, financial, or operational information that is disclosed by one party to the other, whether orally, in writing, or in any other form, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
8.2 Protection of Confidential Information
Each party agrees to:
- Hold the other party's Confidential Information in strict confidence
- Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or advisors who have a legitimate need to know and are bound by confidentiality obligations
- Use Confidential Information only for the purposes of performing obligations or exercising rights under the applicable Service Agreement
8.3 Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no fault of the receiving party
- Was already known to the receiving party prior to disclosure, without obligation of confidentiality
- Is independently developed by the receiving party without reference to the Confidential Information
- Is required to be disclosed by law, regulation, or court order, provided the receiving party gives reasonable prior notice to the disclosing party where legally permitted
8.4 Duration
Confidentiality obligations shall survive the termination of any engagement for a period of three (3) years, unless a different period is specified in the applicable Service Agreement.
9. Data Protection and Privacy
We are committed to protecting your personal data in accordance with our Privacy Policy and applicable data protection laws, including the UAE Personal Data Protection Law (PDPL) and, where applicable, the General Data Protection Regulation (GDPR).
Our Privacy Policy describes how we collect, use, store, and protect personal information. Where our services involve the processing of personal data on behalf of a Client, the terms and responsibilities for data processing shall be governed by a separate Data Processing Agreement (DPA) or equivalent provisions within the Service Agreement, as applicable.
We implement appropriate technical and organizational measures to ensure data security, including encrypted data storage, secure APIs, role-based access controls, and compliance with industry best practices.
10. Warranties and Disclaimers
10.1 Service Warranty
Unistack warrants that its services will be performed in a professional and workmanlike manner, consistent with generally accepted industry standards. If any deliverable fails to materially conform to the agreed specifications within thirty (30) days of delivery (or such other period as specified in the Service Agreement), we will, at our option, re-perform or correct the non-conforming deliverable at no additional cost.
10.2 Acceptance Process
Client will have seven (7) days following receipt of the Services or Deliverable ("Acceptance Period"), to complete acceptance tests as per acceptance criteria agreed in the Service Agreement ("Acceptance Criteria"). If no notice of non-conformance to Acceptance Criteria is reported during Acceptance Period, Deliverables or Services are deemed accepted by the Client.
10.3 Website Disclaimer
The content on our website is provided for general informational purposes only. While we make reasonable efforts to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website.
10.4 No Guarantee of Results
While we are committed to delivering high-quality services, we do not guarantee specific business outcomes, revenue results, performance improvements, or return on investment. Technology projects involve inherent variables and dependencies beyond our control, including but not limited to data quality, third-party systems, market conditions, and Client decision-making.
10.5 Third-Party Tools and Services
Our services may involve the use of third-party tools, platforms, APIs, cloud services, or open-source software. We do not warrant the performance, availability, or security of any third-party product or service, and their use is subject to their respective terms and licenses.
10.6 Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION BETWEEN THEM, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
11.1 Cap on Liability
To the maximum extent permitted by applicable law, Unistack's total aggregate liability arising out of or in connection with these Terms or any Service Agreement (whether in contract, tort, including negligence) shall not exceed the total fees paid by the Client to Unistack during the twelve (12) months immediately preceding the event giving rise to the claim.
11.2 Exclusion of Consequential Damages
In no event shall Unistack be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, regardless of the cause of action or the theory of liability, even if Unistack has been advised of the possibility of such damages.
11.3 Exceptions
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
12. Indemnification
12.1 Client Indemnification
You agree to indemnify, defend, and hold harmless Unistack, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms or any applicable Service Agreement
- Your use of our services or deliverables in violation of applicable law
- Any data, content, or materials you provide to us that infringe the intellectual property, privacy, or other rights of a third party
- Your negligence or willful misconduct
12.2 Unistack Indemnification
Unistack shall indemnify the Client against any third-party claims alleging that the deliverables (excluding any Client-provided materials or third-party components) infringe the intellectual property rights of a third party, provided the Client promptly notifies us of such claim and cooperates in the defense.
13. Term and Termination
13.1 Website Terms
These Terms remain in effect for as long as you access or use our website.
13.2 Service Engagements
The term of any service engagement is governed by the applicable Service Agreement. Either party may terminate a Service Agreement in accordance with the termination provisions specified therein.
13.3 Termination for Convenience
Either party may terminate the Service Agreement upon sixty (60) days' written notice to the other party.
13.4 Termination for Cause
Either party may terminate a Service Agreement immediately upon written notice if the other party:
- Commits a material breach that remains uncured for thirty (30) days after written notice of the breach
- Becomes insolvent, enters liquidation, or is subject to bankruptcy or similar proceedings
13.5 Effects of Termination
Upon termination of a service engagement:
- The Client shall pay for all services performed and expenses incurred up to the date of termination on a pro-rata basis
- Each party shall return or destroy the other party's Confidential Information, subject to any legal retention requirements
- Provisions relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law shall survive termination
14. Non-Hire and Non-Solicitation
During the term of any Service Agreement and for one (1) year thereafter, neither party will directly or indirectly recruit, solicit, or induce any personnel, consultant, or advisor of the other party to terminate his or her relationship with such other party without the prior written permission of the other party.
15. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms or any Service Agreement if such delay or failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, war, terrorism, civil unrest, cyberattacks, power failures, internet outages, strikes, or labor disputes.
The affected party shall promptly notify the other party and make reasonable efforts to mitigate the impact. If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate the affected Service Agreement upon written notice. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.
16. Dispute Resolution
16.1 Negotiation
In the event of any dispute arising out of or in connection with these Terms or any Service Agreement, the parties shall first attempt to resolve the dispute through good-faith negotiation between senior representatives of each party within thirty (30) days of written notice of the dispute.
16.2 Mediation
If the dispute cannot be resolved through negotiation, the parties agree to attempt mediation administered by a mutually agreed-upon mediator in Dubai, UAE, before pursuing arbitration or litigation.
16.3 Arbitration
If the dispute is not resolved through negotiation or mediation, it shall be referred to and finally resolved by arbitration in accordance with the rules of the International Chamber of Commerce (ICC) or the Dubai International Arbitration Centre (DIAC). The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be Dubai, United Arab Emirates. The language of the proceedings shall be English. The arbitral decision shall be final and binding and may be enforced in any court of competent jurisdiction.
16.4 Jurisdiction
Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
17. Governing Law
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Arab Emirates, including applicable federal laws and the regulations of the relevant free zone authority, without regard to its conflict of law provisions.
18. Subcontracting
Unistack may subcontract the services to any of its affiliates or qualified third-party contractors, provided that such subcontractors are bound by confidentiality obligations no less restrictive than those contained in these Terms. Unistack remains responsible for the performance of any subcontracted services.
19. Modifications to These Terms
We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Continued use of our website or services after any changes constitutes your acceptance of the revised Terms.
For active service engagements, material changes to these Terms will not alter the terms of an existing signed Service Agreement unless mutually agreed in writing.
20. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
21. Waiver
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party to be effective.
22. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Unistack with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. This Agreement may not be extended, amended, terminated, or superseded except by agreement in writing between the parties.
23. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Unistack may assign its rights and obligations under these Terms to an affiliate or successor entity without your consent, provided such entity assumes our obligations hereunder.
24. Notices
All formal notices under these Terms or any related Service Agreement shall be in writing and delivered to:
Unistack Software Services - FZCO
Dubai, United Arab Emirates
Email: hello@unistack.io
Notices sent by email shall be deemed received on the next business day following transmission.
25. No Third-Party Beneficiaries
There are no intended third-party beneficiaries to these Terms.
26. Relationship of Parties
The relationship between the parties is that of independent contractors. Nothing in these Terms shall be construed to create a joint partnership, joint venture, agency, or employer-employee relationship.
27. Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at:
Unistack Software Services - FZCO
Email: hello@unistack.io