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Terms of Use

Please read these terms carefully before using our website or engaging our services.

Last Updated: January 7, 2025

Welcome to Merik Solutions. These Terms of Use ("Terms") govern your access to and use of our website, services, and any related applications or platforms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1 Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that:

  • You are at least 18 years of age or the age of legal majority in your jurisdiction
  • You have the legal capacity to enter into a binding agreement
  • If you are accepting these Terms on behalf of an organization, you have the authority to bind that organization to these Terms
  • Your use of the Services does not violate any applicable law or regulation

2 Use of Our Services

Merik Solutions provides enterprise software development, AI solutions, consulting, and related technology services. Our Services are provided subject to the following conditions:

  • Service Scope: Specific services, deliverables, timelines, and terms will be defined in separate service agreements or statements of work
  • Access: We grant you a limited, non-exclusive, non-transferable right to access and use our website for informational purposes
  • Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time
  • Technical Requirements: You are responsible for ensuring your systems meet any technical requirements necessary to use our Services

3 User Accounts

If you create an account or access client portals as part of our Services:

  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account
  • Accurate Information: You agree to provide accurate, current, and complete information during registration and to update such information as necessary
  • Unauthorized Access: You must notify us immediately of any unauthorized access to or use of your account
  • Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods

4 Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of Merik Solutions or our licensors and are protected by international copyright, trademark, and other intellectual property laws.

Limited License

You are granted a limited, non-exclusive, non-transferable license to access and view the content on our website for personal, non-commercial use only. You may not:

  • Reproduce, distribute, modify, or create derivative works of our content
  • Use our trademarks, logos, or branding without express written permission
  • Reverse engineer, decompile, or disassemble any software or technology we provide
  • Remove or alter any proprietary notices or labels

Client Work Product

Ownership of work products created during client engagements will be governed by the applicable service agreement or statement of work. Unless otherwise specified in writing, clients retain ownership of custom deliverables created specifically for them upon full payment.

5 User Conduct

When using our Services, you agree not to:

  • Violate any applicable local, national, or international law or regulation
  • Infringe upon the intellectual property rights of others
  • Transmit any viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the integrity or performance of our Services
  • Collect or harvest any information from our Services without authorization
  • Use our Services for any fraudulent or deceptive purpose
  • Engage in any activity that could damage, disable, or impair our Services
  • Use automated scripts or bots to access our Services without permission
  • Misrepresent your identity or affiliation with any person or entity

6 Service Modifications

We reserve the right to:

  • Modify, update, or discontinue any aspect of our Services at any time without prior notice
  • Change our pricing, features, or service offerings
  • Implement new features or remove existing ones
  • Perform maintenance that may temporarily affect service availability

For clients under active service agreements, any material changes affecting contracted services will be communicated in accordance with the terms of those agreements.

7 Third-Party Services and Links

Our Services may contain links to third-party websites, services, or integrations. These third-party resources are not under our control, and we are not responsible for:

  • The content, privacy policies, or practices of third-party websites
  • Any products or services offered by third parties
  • Any damages or losses caused by third-party services

The inclusion of any link does not imply endorsement by Merik Solutions. We encourage you to review the terms and privacy policies of any third-party services before using them.

8 Confidentiality

During the course of using our Services or engaging with us:

  • Mutual Obligations: Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the relationship
  • Permitted Disclosure: Confidential information may be disclosed only to employees or contractors who need to know and are bound by confidentiality obligations
  • Exclusions: Confidentiality obligations do not apply to information that is publicly available, independently developed, or rightfully received from a third party
  • Duration: Confidentiality obligations survive the termination of these Terms or any service agreement for a period of three (3) years

Specific confidentiality terms for client engagements may be defined in separate non-disclosure agreements or service contracts.

9 Disclaimer of Warranties

IMPORTANT NOTICE

OUR WEBSITE AND INFORMATIONAL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • Our website will be uninterrupted, timely, secure, or error-free
  • The information on our website is complete, accurate, or current
  • Any defects will be corrected
  • Our website is free of viruses or other harmful components

Professional services delivered under separate service agreements are subject to the warranties and guarantees specified in those agreements.

10 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERIK SOLUTIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES 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 access to or use of (or inability to access or use) our Services
  • Any conduct or content of any third party on our Services
  • Any content obtained from our Services
  • Unauthorized access, use, or alteration of your transmissions or content

Our total liability for any claims arising under these Terms shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11 Indemnification

You agree to indemnify, defend, and hold harmless Merik Solutions, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Any content you submit or transmit through our Services

12 Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

  • Your right to use our Services will immediately cease
  • We may delete any data or content associated with your account
  • Provisions that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, indemnification, and limitations of liability

Termination of client service agreements is governed by the terms specified in those separate agreements.

13 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Islamabad, Pakistan, and you consent to the personal jurisdiction of such courts.

14 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms:

Step 1: Informal Resolution

The parties shall first attempt to resolve the dispute through good-faith negotiations within thirty (30) days of written notice of the dispute.

Step 2: Mediation

If informal resolution fails, the parties agree to attempt to resolve the dispute through mediation before pursuing other remedies.

Step 3: Legal Proceedings

If mediation is unsuccessful, either party may pursue legal remedies in accordance with the governing law provisions above.

15 General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Merik Solutions regarding the use of our Services.
  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
  • Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
  • Notices: Any notices to Merik Solutions should be sent to the contact information provided below. We may provide notices to you via email or by posting on our website.
  • Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, or government actions.
  • Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

16 Contact Us

If you have any questions about these Terms of Use, please contact us:

Merik Solutions

Plot 200, Street 1, I-10/3 Islamabad

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