Terms & Conditions of Use

01Purpose and scope

These Terms and Conditions of Use (the "Terms") govern access to and use of the services, products, platforms, applications, servers, APIs, portals, software, and website (collectively, the "Services") provided by MAKTUBS LLC ("MAKTUBS," "Company," "we," "our," or "us").

These Terms apply to any individual or legal entity accessing or using the Services (the "User").

By accessing, registering for, or using the Services, the User acknowledges that they have read, understood, and agreed to be bound by these Terms. If the User does not agree with these Terms, the User must not access or use the Services.

02Legal effect

These Terms constitute a valid and legally binding agreement between the User and MAKTUBS.

These Terms are supplementary to any separate agreements executed between the User and MAKTUBS. In the event of any conflict between these Terms and a separate written agreement, the provisions of the separate agreement shall prevail.

03Nature of the Services

MAKTUBS provides technology, payment processing, collection, settlement, payout, treasury, foreign exchange facilitation, and related financial technology services, either directly or through authorized partners, financial institutions, payment processors, correspondent institutions, banking partners, and third-party service providers.

Unless expressly stated otherwise, MAKTUBS acts solely as a technology and payment services provider and is not a party to any commercial transaction, contractual relationship, or dispute that may exist between Users and third parties.

MAKTUBS does not manufacture, sell, distribute, endorse, or guarantee any products or services offered by third parties through the use of the Services.

Any dispute regarding products, services, deliveries, warranties, refunds, or obligations between a User and a third party shall be resolved directly between those parties.

04Eligibility

By using the Services, the User represents and warrants that:

• The User has full legal capacity and authority to enter into these Terms;
• All information provided to MAKTUBS is accurate, complete, current, and not misleading;
• The User is not subject to sanctions, restrictions, or prohibitions imposed by the United States or any applicable governmental authority;
• The User will comply with all applicable laws and regulations.

05User obligations

The User agrees to:

• Comply with all applicable laws, regulations, and governmental requirements;
• Maintain accurate and updated account information;
• Protect and maintain the confidentiality of usernames, passwords, API credentials, authentication methods, and access keys;
• Immediately notify MAKTUBS of any unauthorized access, security breach, or compromise of credentials;
• Use the Services only for lawful purposes;
• Refrain from engaging in fraudulent, deceptive, abusive, unlawful, or bad-faith conduct;
• Refrain from using the Services for money laundering, terrorist financing, sanctions evasion, fraud, cybercrime, or any illegal activity.

The User remains solely responsible for all activity conducted through their account.

06Compliance, AML, and sanctions

MAKTUBS maintains compliance programs designed to satisfy applicable anti-money laundering ("AML"), counter-terrorist financing ("CTF"), sanctions, fraud prevention, and financial crime requirements.

The User acknowledges and agrees that MAKTUBS may:

• Verify identity and beneficial ownership information;
• Conduct Know Your Customer (KYC) and Know Your Business (KYB) procedures;
• Request documentation and supporting information;
• Monitor transactions and account activity;
• Screen Users against sanctions and watchlists;
• Report suspicious activities to competent authorities when required by law.

MAKTUBS reserves the right to refuse, suspend, delay, review, reject, reverse, or cancel any transaction or account activity that presents legal, regulatory, compliance, operational, reputational, or financial risk.

07Right to restrict, suspend, or terminate access

MAKTUBS may, at its sole discretion and without prior notice, restrict, suspend, block, or permanently terminate access to the Services where:

• The User violates these Terms;
• The User violates applicable laws or regulations;
• False, inaccurate, incomplete, or misleading information is provided;
• Identity verification cannot be completed;
• Suspicious, fraudulent, unauthorized, or unlawful activity is detected;
• The User becomes subject to sanctions or regulatory restrictions;
• Continued access could expose MAKTUBS to legal, regulatory, reputational, operational, cybersecurity, or financial risks.

08Modifications

MAKTUBS reserves the right to modify, amend, update, or replace these Terms at any time.

Updated Terms shall become effective upon publication on the website or notification through any communication channel associated with the User's account.

Continued use of the Services after such publication or notification constitutes acceptance of the revised Terms.

09Intellectual property

All intellectual property rights associated with the Services, software, APIs, websites, applications, trademarks, trade names, logos, designs, databases, documentation, content, and related materials are owned by or licensed to MAKTUBS.

No ownership rights are transferred to the User.

Any unauthorized reproduction, distribution, modification, reverse engineering, commercialization, or exploitation of any MAKTUBS intellectual property is strictly prohibited.

10Privacy and data protection

MAKTUBS is committed to protecting the privacy, confidentiality, and security of personal information.

Personal information may be collected, processed, stored, disclosed, and transferred solely for legitimate business, regulatory, compliance, security, operational, and service-related purposes.

MAKTUBS implements reasonable administrative, physical, technical, and organizational safeguards designed to protect personal information against unauthorized access, disclosure, misuse, alteration, destruction, or loss.

Additional information regarding the processing of personal information is available in the Privacy Policy published on the MAKTUBS website.

11Third-party services

The Services may integrate with or provide access to third-party financial institutions, payment processors, banking partners, technology providers, networks, applications, websites, and other external services.

MAKTUBS does not control and assumes no responsibility for:

• Third-party products or services;
• Third-party availability or performance;
• Third-party policies or practices;
• Third-party content or information.

Access to third-party services is undertaken at the User's own risk.

12Disclaimer of warranties

The Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, MAKTUBS disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, security, availability, and uninterrupted operation.

MAKTUBS does not warrant that the Services will be error-free, secure, or continuously available.

13Limitation of liability

To the maximum extent permitted by law, MAKTUBS shall not be liable for:

• Indirect damages;
• Incidental damages;
• Special damages;
• Consequential damages;
• Exemplary or punitive damages;
• Loss of profits;
• Loss of revenue;
• Loss of business opportunities;
• Loss of goodwill;
• Loss of data;
• Damages arising from third-party services or actions.

In no event shall MAKTUBS be liable for events outside its reasonable control, including failures of banks, payment networks, financial institutions, telecommunications providers, internet service providers, cyberattacks, governmental actions, or force majeure events.

To the extent permitted by law, MAKTUBS' total aggregate liability shall not exceed the fees paid by the User to MAKTUBS during the six (6) months preceding the event giving rise to the claim.

14Indemnification

The User agrees to defend, indemnify, and hold harmless MAKTUBS, its affiliates, shareholders, directors, officers, employees, contractors, agents, service providers, and partners from and against any claims, actions, liabilities, damages, losses, penalties, fines, judgments, costs, and expenses, including reasonable attorneys' fees, arising from:

• Violation of these Terms;
• Violation of applicable laws;
• Fraudulent, negligent, or unlawful conduct;
• Misuse of the Services;
• Breach of representations or warranties made by the User.

15Force majeure

MAKTUBS shall not be liable for any delay, interruption, failure, or inability to perform resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, utility failures, cyberattacks, pandemics, banking disruptions, payment network failures, or telecommunications interruptions.

16Governing law

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Florida and applicable federal laws of the United States of America, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.

17Jurisdiction and venue

Any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Services, or the relationship between the User and MAKTUBS shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, United States of America.

The User irrevocably submits to the personal jurisdiction of such courts and expressly waives any objection based on venue, forum non conveniens, or any similar doctrine.

The User further agrees that any legal proceeding arising under or related to these Terms shall be brought exclusively before the courts located in Miami-Dade County, Florida.

18Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

19Waiver

Failure by MAKTUBS to enforce any provision of these Terms shall not constitute a waiver of any right or provision.

20Entire agreement

These Terms constitute the entire agreement between the User and MAKTUBS regarding the Services and supersede all prior communications, understandings, and agreements relating to their subject matter.

By accessing or using the Services, the User acknowledges that they have read, understood, and agreed to these Terms and Conditions.