Terms of Service & Data Processing Agreement

1. Service & Access

You receive a non-exclusive, non-transferable licence to use the Service for internal business purposes only. You must:

• Keep credentials secure and are responsible for all account activity
• Not resell, reverse-engineer, copy or misuse the Service
• Not use the Service for unlawful purposes, spam, or in ways that harm our systems or other users

2. Orders & Transactions

We provide the platform only. You are solely responsible for:

• Product listings, pricing, VAT compliance and shipping
• All contracts with your customers
• Order fulfilment, disputes and customer service

We are not party to customer transactions and disclaim liability for order errors, shipping delays or customer disputes.

3. Fees & Payment

• Monthly subscription fees are charged in advance in GBP plus VAT at the prevailing rate and any other applicable taxes
• Subscriptions auto-renew unless cancelled 7 days before renewal
• No refunds for partial months or downgrades
• Payment 7+ days overdue may result in Service suspension
• 30+ days overdue may result in termination

4. Service Level

We target 99.9% monthly uptime excluding planned maintenance.

Planned maintenance will be announced at least 24 hours in advance and typically occur outside UK business hours (9am–5pm GMT).

5. Data Protection

Data Processing Agreement (DPA)

You are the Controller, we are the Processor of personal data. We process data only as instructed by you to provide the Service, including:

• Customer order and contact data
• Login credentials and usage data
• Any data you upload

Security: We implement appropriate technical and organisational measures including encryption, access controls and regular backups.

Sub-processors: We use third-party providers (hosting, payments, shipping). Current list at maksud.com/subprocessors, updated with 10 days notice.

International Transfers: Any transfers outside of the UK use adequate safeguards per UK GDPR.

Data Subject Rights: We assist with legitimate data subject requests.

Breach Notification: We notify you of personal data breaches without undue delay.

Data Return: On termination, we delete/return all data within 30 days unless legally required to retain.

6. Intellectual Property & Data Use

The Service and all IP rights belong to us. You retain ownership of your content/data and grant us licence to: (a) use it to provide the Service; and (b) aggregate and anonymise it for analytics, product development, industry insights, AI training, and commercial licensing, provided no individual customer or person can be identified.

7. Third-Party Services

We integrate with third-party services (payment processors, carriers, hosting). We're not responsible for their availability, security or performance. You must comply with their terms.

8. Warranties & Disclaimers

We warrant the Service will perform substantially as described. Otherwise, the Service is provided "as is" and we exclude all other warranties to the maximum extent permitted by law.

9. Liability

Our total liability is limited to fees paid in the 12 months before the claim.

We exclude liability for:

• Indirect, consequential or special damages
• Loss of profits, revenue, data or business opportunities
• Third-party claims against you
• Any loss exceeding the direct and immediate consequences of our breach

Claims must be brought within 12 months of the incident giving rise to the claim.

Nothing excludes our liability for death/personal injury from negligence, fraud or breaches that cannot be excluded by law.

10. Indemnity

You indemnify us against third-party claims arising from:

• Your breach of these Terms
• Your negligent or unlawful use of the Service
• Your violation of third-party rights

This includes reasonable legal costs and settlements we incur defending such claims, to the extent permitted by law.

You must promptly notify us of any potential claim and cooperate in the defence. We may, at our discretion, assume control of the defence of any indemnified claim.

11. Term & Termination

Term: Until terminated by either party.

Your termination: Cancel anytime. Access continues to the end of the current billing period with no refunds.

Our termination: We may terminate immediately for non-payment (30+ days overdue), unauthorised access, or material breach of these Terms, or with 30 days notice otherwise.

Effect: On termination, you lose access and we delete data per section 5. Fees remain due for services provided.

12. General

Governing Law: English law applies. English courts have exclusive jurisdiction.

Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control.

Amendment: We may update Terms with 30 days email notice. If you object to a change, you may terminate within the notice period; continued use constitutes acceptance.

Severability: If any provision is unenforceable, the remainder stays in effect.

Entire Agreement: These Terms (including DPA) constitute the entire agreement.

Contact

Maksud Limited
Feathers Rise, Bradford
Email: legal@maksud.co.uk