Terms of Service
Effective Date: June 18, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and OTTO44 FZCO ("OTTO44", "Company", "we", "us", or "our"), a company registered in the Dubai Multi Commodities Centre (DMCC) with license number DMCC-978522.
By accessing or using our website (www.otto44.com), mobile applications, games, or any services we provide (collectively, the "Services"), you agree to be bound by these Terms. If you disagree with any part of these terms, you do not have permission to access our Services.
IMPORTANT: These Terms contain a binding arbitration provision and class action waiver, which affect your legal rights. Please read them carefully.
2. Services Description
OTTO44 provides various technology services including:
- Mobile application development
- Game development and publishing
- Artificial Intelligence (AI) solutions
- IT consultancy services
- Social media application development
- Software development and licensing
These Terms apply to your use of our website and general information services. Specific development projects and professional services are governed by separate agreements.
3. User Accounts
3.1 Account Creation
To access certain Services, you may need to create an account. You must:
- Provide accurate, current, and complete information
- Maintain and update your information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.2 Business Account Requirements
For business accounts:
- You represent that you have authority to bind your organization
- You must be at least 18 years old
- You are responsible for all users accessing our services under your account
- You must maintain accurate business and contact information
3.3 Account Termination
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.
4. Acceptable Use Policy
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit malware, viruses, or harmful code
- Engage in unauthorized access or hacking attempts
- Harass, abuse, or harm others
- Distribute spam or unsolicited communications
- Misrepresent your identity or affiliation
- Interfere with or disrupt our Services
- Collect user data without authorization
- Use automated systems without permission
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of OTTO44 or its licensors and are protected by international copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes in accordance with these Terms.
5.3 User Content
By submitting content to our Services, you:
- Retain ownership of your content
- Grant us a worldwide, royalty-free license to use, reproduce, modify, and distribute your content for providing our Services
- Represent that you have the right to grant such license
- Warrant that your content does not violate any third-party rights
6. Professional Services
For custom development projects, mobile applications, and other professional services, separate agreements will govern the specific terms, including:
- Project scope and deliverables
- Timeline and milestones
- Fees and payment terms
- Intellectual property rights
- Warranties and support
These project-specific agreements will take precedence over these general Terms for the relevant services.
7. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.
8. Third-Party Services
Our Services may contain links to or integrate with third-party services. We are not responsible for:
- The content or practices of third-party services
- Any loss or damage from your use of third-party services
- The privacy practices of third parties
9. Disclaimers
9.1 Service Availability
We strive to provide reliable Services but cannot guarantee uninterrupted or error-free operation. Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
9.2 No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.3 Website Information
Information on our website is for general informational purposes only and should not be relied upon as a commitment or guarantee. Specific project capabilities, timelines, and deliverables will be defined in individual project agreements.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTO44 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use our Services
- Any unauthorized access to your data
- Statements or conduct of any third party
- Any other matter relating to our Services
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless OTTO44, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:
- Your violation of these Terms
- Your violation of any third-party rights
- Your use or misuse of our Services
- Your content or activities
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the Dubai International Financial Centre (DIFC), without regard to conflict of law principles.
12.2 Arbitration
Any dispute arising from these Terms or your use of our Services shall be resolved through binding arbitration under the ICC Arbitration Rules. The arbitration shall be conducted in Dubai, UAE, in English.
12.3 Class Action Waiver
You agree that any disputes will be resolved individually and not as part of a class action or representative proceeding.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on our website
- Updating the "Effective Date"
- Providing notice through our Services or email
Your continued use of our Services after changes constitutes acceptance of the modified Terms.
14. Termination
We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination:
- Your right to use our Services ceases immediately
- We may delete your account and data
- Provisions that should survive termination will remain in effect
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and OTTO44.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
15.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
15.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
15.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
16. Contact Information
Legal Department
OTTO44 FZCO
Jumeirah Lakes Towers
Dubai, United Arab Emirates
License No: DMCC-978522
Email: legal@otto44.com
General Inquiries: info@otto44.com
Website: www.otto44.com
17. Enterprise and Custom Projects
For enterprise clients and custom development projects:
- Master Service Agreements (MSA) and Order Forms will govern specific projects
- Project-specific terms supersede these general Terms where applicable
- Professional services are subject to separate negotiated agreements
- Intellectual property rights will be defined in project agreements
These Terms primarily govern your use of our website and general inquiries. All professional services are subject to separate contractual agreements.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.