Terms of Use

For the purposes of these Terms, unless the context otherwise requires, references to “User” shall mean any natural person acting on behalf of a legal entity accessing or using the Platform; “User Account” shall mean the account created to access the Services; “Services” shall mean all functionalities, tools, analytics, and outputs made available through the Platform; “Data” shall refer to all information processed through the Platform, including operational, financial, transactional, and analytical data; and “Parties” shall refer collectively to CERTY and the User.

These Terms define the conditions under which Users may access and use the Platform, as well as the respective rights and obligations of CERTY and the Users. These Terms, together with the Privacy Policy, constitute a single and indivisible contractual framework governing the relationship between CERTY and the User, and supersede any prior agreements or communications, whether written or oral.

These Terms are entered into for an indefinite period and shall take effect from the date on which the User accepts them, whether through execution of a service agreement, registration on the Platform, or continued use of the Services.

By accessing or using the Platform, the User acknowledges having read, understood, and accepted these Terms without reservation.

CERTY reserves the right to modify these Terms at any time to reflect changes in its Services, regulatory requirements, or operational practices. Any such modifications shall become effective upon notification to Users through the Platform or by electronic communication. Continued use of the Platform following such notification shall constitute acceptance of the updated Terms.

Access to the Platform requires a compatible internet-enabled device and an active internet connection. The User acknowledges that the quality and reliability of access to the Platform may depend on factors outside CERTY’s control, including network infrastructure and third-party service providers.

The User remains solely responsible for ensuring the security of its systems, devices, and credentials, and for protecting its data against unauthorised access, loss, or corruption. CERTY shall not be liable for any damage resulting from the User’s failure to maintain appropriate security measures.

The use of the Services requires the creation of a User Account, for which the User must provide accurate, complete, and up-to-date information. The User undertakes to maintain the confidentiality of its login credentials and remains fully responsible for all activities carried out under its account.

The User agrees to use the Platform strictly in accordance with its intended purpose and in compliance with all applicable laws and regulations, including but not limited to financial, data protection, and anti-money laundering laws.

CERTY processes Data in order to provide the Services, including credit risk assessments, analytics, and operational insights. The User acknowledges that certain Data processed through the Platform may qualify as personal data and shall be handled in accordance with the Privacy Policy.

CERTY provides analytical tools, data insights, and credit intelligence services but does not act as a financial institution, lender, broker, or advisor unless explicitly agreed under separate contractual arrangements.

CERTY does not guarantee the accuracy, completeness, or timeliness of data obtained from third-party sources, nor does it assume responsibility for decisions made by Users based on the outputs generated by the Platform.

The Services are provided for informational and analytical purposes only and shall not be construed as financial, legal, or investment advice.

Access to the Platform may be subject to fees, subscriptions, or commercial arrangements agreed separately between CERTY and the User. Unless otherwise specified, all fees are exclusive of applicable taxes, duties, or third-party charges.

CERTY reserves the right to modify its pricing structure upon reasonable notice to the User.

CERTY undertakes to use commercially reasonable efforts to ensure the availability, security, and proper functioning of the Platform, without guaranteeing uninterrupted or error-free operation.

The User undertakes to comply with these Terms, provide accurate information, and refrain from any activity that may interfere with the proper functioning of the Platform, including the introduction of malicious software or unauthorised access attempts.

To the fullest extent permitted under applicable law, CERTY shall not be liable for indirect, incidental, or consequential damages, including loss of profits, loss of data, reputational damage, or business interruption.

CERTY’s total liability arising out of or in connection with these Terms shall be limited to the amounts paid by the User for the Services during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit liability where such exclusion is not permitted under the DIFC Data Protection Law, UAE law, or other applicable regulations.

CERTY shall not be liable for any delay or failure in the performance of its obligations where such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, governmental actions, cyber incidents, or failures of third-party infrastructure.

The User may terminate its use of the Platform at any time by ceasing use of the Services and closing its User Account.

CERTY reserves the right to suspend or terminate access to the Platform in the event of a breach of these Terms or applicable laws, subject to reasonable notice where appropriate.

Certain provisions, including those relating to liability, confidentiality, and intellectual property, shall survive termination.

All intellectual property rights in and to the Platform, including its structure, content, algorithms, models, datasets, and software, are and shall remain the exclusive property of CERTY.

The User is granted a limited, non-exclusive, non-transferable right to access and use the Platform solely for its internal business purposes.

Any unauthorised reproduction, modification, extraction, or commercial use of the Platform or its content is strictly prohibited.

The User undertakes to treat as confidential all information accessed through the Platform and shall not disclose such information to third parties without prior written consent from CERTY, except where required by law.

CERTY undertakes to process personal data in accordance with the Privacy Policy and Applicable Data Protection Laws.

The Parties are independent contractors, and nothing in these Terms shall be construed as creating any partnership, joint venture, or agency relationship.

These Terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre, including DIFC Law No. 5 of 2020 and other applicable DIFC regulations.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the DIFC, unless otherwise agreed in writing between the Parties.

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

Failure by CERTY to enforce any provision shall not constitute a waiver of its rights.