Terms & Conditions of Use.

These Terms and Conditions of Use (these “Terms”) govern your access to and use of www.thebinarylabs.ai, all of its subdomains, pages, content, forms, demonstrations, tools, features and associated communications (collectively, the “Website”). The Website is operated by The Binary Holdings (DIFC) Ltd., a company incorporated in the Dubai International Financial Centre, United Arab Emirates, with registration number CL7326, trading as “The Binary Labs” (“Company”, “we”, “us” or “our”).

By accessing, browsing, viewing, submitting information through, or otherwise using the Website, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not access or use the Website. Where the Website requires you to select an acceptance box or take a similar affirmative action, that action constitutes your express agreement to these Terms.

If you use the Website for or on behalf of an organisation, you represent and warrant that you are authorised to bind that organisation to these Terms. In that case, “you” and “your” refer to both you and that organisation.

The Website is a business-to-business, marketing and informational website. It may describe the Company, The Binary Labs, its products, concepts, technology, data capabilities, AI-related initiatives, partnerships, case examples and prospective services. It is intended for prospective business partners, enterprise customers, investors, press and other professional contacts. It is not directed to consumers, minors, or persons seeking personal, household or retail services.

The Website is not an online platform for the purchase, subscription, delivery or use of any live product, API, data set, software, credit facility or regulated service unless the Company expressly states otherwise in a separate written agreement. Any actual product or service will be subject to a separate agreement, which will prevail over these Terms to the extent of any conflict.

You may use the Website only if you are at least 18 years old, have legal capacity to enter into these Terms, and are not prohibited from doing so by any applicable law, regulation, sanction, export-control restriction or court order.

You are solely responsible for ensuring that your access to the Website is lawful in the jurisdiction from which you access it. The Website and its content are not intended for distribution, access or use where that would be unlawful or would require the Company to make any registration, filing or approval that it has not made or obtained.

Subject to your ongoing compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website solely for legitimate internal business evaluation and bona fide enquiries about the Company or its offerings. No other right is granted by implication, estoppel or otherwise.

You must not, and must not permit any other person to:

• copy, reproduce, republish, distribute, transmit, display, frame, mirror, modify, adapt, translate or create derivative works from any part of the Website, except for limited internal reference in connection with a bona fide business enquiry;
• use any robot, spider, scraper, crawler, browser automation, bot, data-mining tool, harvesting tool or other automated means to access, monitor, search, copy, extract or index the Website or its content, except for ordinary public search-engine indexing that follows the Website’s robots instructions;
• use, copy, extract or make available Website content, data, prompts, outputs, structure or functionality to train, fine-tune, benchmark, evaluate or improve any artificial intelligence, machine-learning, large language model, data set or competing product or service;
• reverse engineer, decompile, disassemble, decode, attempt to discover source code, models, data architecture, methodologies, algorithms, prompts, workflows, security measures or underlying technology of the Website or any demonstration;
• bypass, disable, interfere with, probe, scan or test the security, availability, rate limits, authentication controls or technical restrictions of the Website; upload malware; introduce harmful code; conduct load, penetration or vulnerability testing; or attempt unauthorised access to any system, network, account or data;
• use the Website for competitive intelligence gathering beyond ordinary due diligence, for unlawful, fraudulent, misleading, defamatory, abusive or infringing purposes, or in a manner that could damage the Company, its affiliates, partners, users, systems or reputation;
• remove or alter any copyright, trademark, proprietary notice or legal notice; use Company marks without prior written permission; or present yourself as affiliated with, authorised by or acting for the Company unless separately agreed in writing; or
• use the Website in breach of any applicable law, including sanctions, export controls, anti-corruption, privacy, data-protection, intellectual-property and computer-misuse laws.

The Company expressly reserves all rights to text and data mining, automated extraction, AI training, model development and similar uses of Website content to the fullest extent permitted by applicable law. The presence or absence of a robots.txt file does not grant any permission beyond these Terms.

All Website content is provided solely for general marketing and informational purposes. Content may include product descriptions, anticipated capabilities, roadmaps, statements about markets or networks, statistics, user counts, signal counts, case examples, screenshots, partner references, analysis, diagrams, illustrations, assumptions and forward-looking statements. Unless the Company expressly confirms otherwise in a signed written agreement, all such content is illustrative, subject to change and may not be complete, current, accurate, verified, available or suitable for your purposes.

Nothing on the Website constitutes or should be construed as:

• an offer, invitation, solicitation, recommendation or commitment to sell, license, supply, purchase, invest in, finance, insure, partner with, engage or provide any product, service, data, software, API, credit, token, security or other instrument;
• financial, investment, lending, credit, legal, tax, accounting, regulatory, compliance, technical, cybersecurity, medical or other professional advice;
• a representation, warranty or guarantee about future performance, availability, revenue, pricing, user growth, partner status, market coverage, product functionality, data quality, regulatory treatment or business outcomes; or
• a basis for any decision to invest, lend, extend credit, enter a market, make a commercial commitment, share data, deploy technology or take any other action.

You are solely responsible for independently verifying all information and obtaining your own professional advice before relying on any Website content or making any commercial, financial, legal, technical or other decision. The Company has no duty to update, correct or continue any Website content.

The Website may include an interactive feature, simulation, prototype, sample workflow or other demonstration, including “Ask ARIA” (each a “Demonstration”). A Demonstration is provided only to illustrate possible concepts or user experiences. It is not a live production service, does not access any specific partner’s live data unless the Company expressly states otherwise, and is not a commitment to provide any feature, output, accuracy level, performance standard or future service.

Demonstration outputs may be generated from representative, synthetic, aggregated, anonymised, static or sample information and may be incomplete, inaccurate, outdated, misleading, non-repeatable, biased, unsuitable or entirely unavailable. They may contain errors, omissions, hallucinations or third-party material. You must not rely on them for any operational, commercial, investment, lending, credit, legal, regulatory, safety or other decision.

You must not submit, upload, enter or otherwise provide through a Demonstration any personal data, confidential information, trade secret, credential, source code, customer information, regulated data, financial account information, health information, authentication information or other information that you are not authorised to disclose. The Company does not undertake to treat Demonstration inputs as confidential, and you remain solely responsible for all information you submit.

The Company may modify, restrict, suspend or discontinue a Demonstration at any time and may impose technical, geographic, usage or access restrictions without notice. The Company has no obligation to retain, reproduce, recover, explain or support any Demonstration input or output.

The Website and all content, materials and rights in or relating to it, including all text, images, graphics, layouts, videos, software, code, data visualisations, interfaces, prompts, outputs, models, methodologies, documentation, product names, logos, trademarks, trade dress and underlying technology, are owned by or licensed to the Company or its affiliates and are protected by applicable intellectual-property laws.

Except for the limited licence expressly granted in Section 4, nothing in these Terms grants you any ownership interest, licence or other right in the Website or its content. The Company retains all rights not expressly granted.

Third-party names, logos, trademarks and references appearing on the Website belong to their respective owners. Their inclusion is for identification, illustration or factual reference only and does not by itself create or confirm a partnership, endorsement, sponsorship, agency, joint venture, data-sharing arrangement, commercial relationship or authorisation beyond the scope of any separately executed agreement.

Where you submit information through an “Arrange a briefing” form, email, form, Demonstration or other Website channel (“Submitted Information”), you represent and warrant that the information is accurate, lawful, non-infringing and that you have all rights, notices, consents and permissions necessary to submit it and to allow the Company to use it as contemplated by these Terms and the Privacy Notice.

Submitting an enquiry or communicating through the Website does not create any partnership, agency, employment, fiduciary duty, confidentiality obligation, investment commitment, contractual relationship, obligation to respond, or obligation to provide access to any product, data, service or commercial opportunity. No binding agreement arises unless and until the Company enters a separate written agreement signed by an authorised representative of the Company.

Other than personal data handled in accordance with the Privacy Notice and information expressly covered by a separate written non-disclosure agreement, the Company is not required to treat Submitted Information as confidential. You must not submit sensitive, confidential or proprietary information through the Website unless the Company has expressly requested it and a separate written agreement permits you to do so.

If you provide feedback, suggestions, ideas, comments, improvement proposals or similar material, you grant the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable right to use, reproduce, modify, adapt, develop, commercialise, disclose and otherwise exploit that feedback for any purpose, without restriction, compensation or attribution to you.

The Company’s collection and use of personal data through the Website is described in the Privacy Notice made available on the Website, which is incorporated into these Terms by reference. Where consent is required by applicable law for cookies or similar technologies, the Company will seek that consent through the Website’s applicable consent mechanism. You should not use the Website or submit information through it unless you have read the Privacy Notice.

Nothing in these Terms limits any rights that you may have under applicable data-protection law or any obligations that the Company may have under applicable data-protection law. In the event of any conflict between these Terms and the Privacy Notice regarding personal data, the Privacy Notice will prevail to the extent of that conflict.

The Website may contain links to or references to third-party websites, products, services, content, partners or technologies. These are provided for convenience only. The Company does not control, endorse, monitor, verify, warrant or assume responsibility for any third-party website, content, practice, availability, security, privacy practice or transaction. Your dealings with third parties are solely between you and the relevant third party.

The Company may modify, update, remove, restrict, suspend, discontinue or make unavailable any part of the Website, any Demonstration, any content, any feature or any access route at any time, with or without notice and for any reason. This includes where the Company considers it necessary for security, legal, regulatory, operational, commercial, reputational or technical reasons.

You are responsible for your own devices, systems, internet connection, anti-virus protection, backups, security measures and the consequences of accessing the Website. The Company does not guarantee that the Website will be secure, uninterrupted, error-free, virus-free, compatible with your systems or available at any particular time or in any particular location.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, DEMONSTRATIONS AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE COMPANY AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, UNINTERRUPTED OPERATION, COMPATIBILITY OR FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR REPRESENT THAT: (A) THE WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS; (B) ANY CONTENT, OUTPUT, STATISTIC, MARKET INSIGHT, PARTNER REFERENCE OR PRODUCT DESCRIPTION IS CURRENT, COMPLETE, ACCURATE, RELIABLE OR FIT FOR RELIANCE; (C) ANY ERROR OR DEFECT WILL BE CORRECTED; (D) ANY PRODUCT, FEATURE, SERVICE, PARTNERSHIP OR ROADMAP ITEM WILL BE AVAILABLE; OR (E) YOUR ACCESS OR USE WILL ACHIEVE ANY PARTICULAR RESULT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND REPRESENTATIVES (TOGETHER, THE “COMPANY PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ANY DEMONSTRATION, ANY CONTENT, ANY SUBMITTED INFORMATION, ANY THIRD-PARTY WEBSITE OR ANY USE OF OR INABILITY TO USE ANY OF THEM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, RESTITUTION, STATUTE, EQUITY OR OTHERWISE.

IN PARTICULAR, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, GOODWILL, REPUTATION, DATA, DATA USE, MARKET VALUE, INVESTMENT VALUE, CREDIT DECISION, BUSINESS INTERRUPTION OR SECURITY BREACH, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE WILL NOT EXCEED THE GREATER OF: (A) USD 100; AND (B) THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY SPECIFICALLY FOR ACCESS TO THE WEBSITE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN AGGREGATE, NOT PER CLAIM, AND REGARDLESS OF THE NUMBER OR TYPE OF CLAIMS.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Any claim arising out of or in connection with these Terms or the Website must be commenced within one year after the event giving rise to the claim, unless a longer period is required by applicable law and cannot lawfully be shortened.

You will indemnify, defend and hold harmless the Company Parties from and against all claims, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses (including reasonable legal fees and costs of investigation) arising out of or in connection with: (a) your breach of these Terms; (b) your use or misuse of the Website or any Demonstration; (c) any Submitted Information; (d) your infringement or violation of any third-party right; (e) your breach of applicable law; or (f) any claim that the Company’s use of Submitted Information as permitted by these Terms infringes, misappropriates or otherwise violates any right of any person.

The Company may assume exclusive control of the defence and settlement of any matter subject to indemnity, and you will cooperate fully with the Company. You may not settle any claim in a manner that imposes any liability or obligation on a Company Party without the Company’s prior written consent.

You represent and warrant that neither you nor, where applicable, the organisation you represent is subject to sanctions or otherwise prohibited from using the Website under applicable sanctions or export-control laws. You will not use the Website in violation of any applicable sanctions, trade restrictions, embargoes, export controls or anti-money-laundering laws, and you will not cause the Company to breach any such laws.

The Company may suspend, restrict or terminate your access to the Website immediately and without notice if it reasonably believes that you have breached these Terms, created legal, security, operational or reputational risk, or where required by law or a competent authority. The Company has no liability for any suspension, restriction or termination.

Sections that by their nature should survive will survive termination or expiry of these Terms, including Sections 5 to 10, 12 to 22 and any accrued rights or remedies.

The Company may update these Terms from time to time. The updated Terms will be posted on the Website with a revised “Last updated” date and will take effect when posted, unless the Company states otherwise. Your continued use of the Website after the updated Terms take effect constitutes your acceptance of them. If you do not agree to the updated Terms, you must stop using the Website.

You agree that communications, notices, disclosures and other information provided by the Company through the Website, by email, or by posting an update to these Terms satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

You may send notices to the Company using the contact details in Section 22. Any notice sent by you is effective only when actually received by the Company.

These Terms, their subject matter and formation, and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of the Dubai International Financial Centre (“DIFC”).

Any dispute, difference, controversy or claim arising out of or in connection with these Terms, the Website or any non-contractual obligation arising out of or in connection with them, including any question regarding existence, validity, interpretation, performance, breach or termination, shall be subject to the exclusive jurisdiction of the DIFC Courts. You irrevocably and expressly agree in writing to submit to that jurisdiction and waive any objection based on venue, forum non conveniens or similar grounds, to the fullest extent permitted by applicable law.

You acknowledge that unauthorised use of the Website, its content, the Company’s intellectual property or confidential information may cause irreparable harm for which damages may be an inadequate remedy. The Company may seek immediate injunctive, equitable or other protective relief in any court of competent jurisdiction, without prejudice to any other rights or remedies.

(a) Entire agreement. These Terms and the Privacy Notice constitute the entire agreement between you and the Company regarding your use of the Website and replace all prior understandings on that subject.

(b) No waiver. A failure or delay to exercise any right does not waive that right or any other right.

(c) Severability. If any provision is invalid, illegal or unenforceable, it will be treated as modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.

(d) Assignment. You may not assign, transfer or otherwise deal with any of your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign, transfer or subcontract its rights or obligations to an affiliate, successor or third party.

(e) No partnership or agency. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, employment or other relationship between you and the Company.

(f) Third-party rights. The Company Parties may rely on and enforce Sections 11 to 16 and 20. Except as stated in the preceding sentence, no person other than you and the Company has a right to enforce these Terms.

(g) Force majeure. The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control.

(h) Language. These Terms are drafted in English. If they are translated, the English version prevails to the extent permitted by applicable law.

(i) Headings. Headings are for convenience only and do not affect interpretation.

Questions about these Terms may be sent to:

The Binary Labs
A trading name of The Binary Holdings (DIFC) Ltd.
Unit GA-00-SZ-L1-RT-208, Level 1, Gate Avenue - South Zone
Dubai International Financial Centre, Dubai, United Arab Emirates
Email: connect@thebinarylabs.ai