TERMS OF SERVICE

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "User", or "you") and the applicable BrandMagics entity regarding your access to and use of the BrandMagics Operating & Strategizing System (BOSS), BMeX Exchange, and all associated "Magics" modules, APIs, and advisory services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Contracting Entity & Governing Law

To ensure regulatory compliance and efficient service delivery, the specific BrandMagics entity you are contracting with depends on your domicile. This structure strictly delineates liability and jurisdiction.

Your Location	Your Contracting Entity	Governing Law & Jurisdiction
India	BrandMagics Software Labs Pvt Ltd (Authorised Reseller)	Laws of India; Courts of Kochi, Kerala
UAE & MENA	BrandMagics Technologies	Laws of Dubai, UAE; Dubai Courts
Americas / Global	BrandMagics Technologies, acting via BrandMagics Inc., (Authorised Reseller)	Laws of Dubai, UAE (Arbitration)
UK / Europe	BrandMagics Technologies, acting via Creative Labs Ltd (Authorised Reseller)	Laws of England & Wales
APAC	BrandMagics Technologies, acting via Business Labs Pte Ltd (Authorised Reseller)	Laws of Singapore

Note: For clients in India, BrandMagics Software Labs Pvt Ltd acts solely as a Merchant of Record and Reseller. The intellectual property and core platform technology remain owned by the Principal Entity in the UAE.

3. Eligibility & Age Restrictions

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General: You must be at least 18 years old to use the Services.

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India Specific: In compliance with the Digital Personal Data Protection (DPDP) Act, 2023, users in India under the age of 18 are strictly prohibited from creating an independent account without Verifiable Parental Consent.

4. License Grant & Restrictions

4.1. License: Subject to payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

4.2. Restrictions: You shall not: (a) reverse engineer, decompile, or disassemble the Services; (b) resell, sublicense, or white-label the Services (unless expressly authorized in a separate Partnership Agreement); (c) use the Services to build a competitive product.

5. Intellectual Property (IP)

5.1. Our IP: The BrandMagics platform, BOSS framework, BMeX architecture, and all "Magics" modules (code, design, algorithms) are the exclusive property of BrandMagics Technologies (UAE) and its licensors.

5.2. Your IP: You retain 100% ownership of your data, business logic, customer lists, and content uploaded to the Services ("Client Data"). You grant us a limited license to host and process this data solely to provide the Services.

6. Payment, Taxes & Reseller Model

6.1. Fees: You agree to pay all fees specified in your Order Form or Subscription Plan. Fees are non-refundable except as required by law or explicitly stated in our Refund Policy.

6.2. Taxes (India): For Indian clients, invoices will include GST (Goods & Services Tax). As the Contracting Entity is an Indian Resident (BrandMagics Software Labs Pvt Ltd), No TDS (Tax Deducted at Source) under Section 195 applies. TDS under Section 194J/194C may apply as per domestic laws.

6.3. Taxes (Global): You are responsible for any withholding taxes or VAT applicable in your jurisdiction. Payments to BrandMagics must be made free and clear of any deductions.

7. BMeX Exchange & Advisory Services

7.1. No Financial Advice: The BMeX Exchange and Valuation tools provide data-driven insights. They do not constitute certified financial, legal, or investment advice. You act on these insights at your own risk.

7.2. Deal Facilitation: BrandMagics may act as a facilitator for M&A or capital access. We are not a bank, registered broker-dealer, or insurance provider. Final funding decisions rest with the third-party capital partners.

8. Limitation of Liability

To the maximum extent permitted by law, BrandMagics shall not be liable for any indirect, incidental, special, or consequential damages (including lost profits or data). Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Termination

9.1. For Convenience: You may cancel your subscription at any time; however, no refunds will be issued for the remainder of the active billing cycle.

9.2. For Cause: We may terminate or suspend your access immediately if you violate these Terms (e.g., non-payment, abuse of API, prohibited content).