Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the use of the Bahriya cloud platform ("Platform", "Service") provided by Mamluk LLC, a limited liability company incorporated and operating under the laws of the United Arab Emirates ("Company", "we", "us", "our").

By creating an account, accessing, or using the Platform, you ("Customer", "you", "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

2. Definitions

• "Platform" means the Bahriya container-as-a-service infrastructure, including the console, APIs, and all related services.
• "Customer Data" means any data, content, code, container images, secrets, configuration, or materials uploaded, stored, or processed by the Customer through the Platform.
• "Organisation" means a billable entity created by the Customer on the Platform, under which projects, users, and resources are managed.
• "Project" means a logical grouping of containers, registries, secrets, and related resources within an Organisation.
• "Early Access" means the invitation-only phase during which access to the Platform is granted at the Company's discretion.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. You must not be subject to any sanctions or restrictions that would prohibit use of the Platform under UAE law or applicable international law.

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

3.3 Early Access

During the Early Access phase, access is granted by invitation only. Early access codes are single-use and non-transferable. The Company reserves the right to revoke early access at any time, for any reason, without liability.

4. Use of the Platform

4.1 Permitted Use

You may use the Platform to deploy, manage, and operate containerised workloads in accordance with these Terms, applicable law, and the Company's acceptable use policies.

4.2 Prohibited Use

You agree not to use the Platform to:

• Violate any applicable law, regulation, or legal obligation, including the laws of the UAE and the laws of any jurisdiction in which your workloads operate.
• Host, distribute, or facilitate malware, phishing, botnets, or other malicious software.
• Conduct denial-of-service attacks, port scanning, or network exploitation against any target.
• Send unsolicited bulk email (spam) or conduct fraudulent activity.
• Host content that is illegal under UAE law, including but not limited to content that violates public morals, promotes terrorism, or infringes intellectual property rights.
• Host, distribute, or make available pornographic, sexually explicit, or adult content of any kind.
• Host, distribute, or make available content that is anti-religious, blasphemous, or deliberately offensive to any religious faith or its adherents.
• Mine cryptocurrency or conduct similar resource-intensive speculative operations without prior written approval.
• Circumvent, disable, or interfere with the Platform's security, rate limiting, authentication, or billing mechanisms.
• Resell, sublicense, or redistribute Platform access without prior written agreement.
• Reverse-engineer, decompile, or disassemble any part of the Platform.

4.3 Resource Limits and Fair Use

The Company may impose quotas, rate limits, or resource caps on Projects and Organisations. The Company reserves the right to suspend or throttle workloads that pose a risk to platform stability or other customers.

4.4 Egress Policy

Each CPU core (1 vCPU / 1000 millicores) booked on the Platform includes 1 TB of outbound data transfer (egress) per calendar month at no additional charge. This allowance is subject to fair usage: it is intended for normal application traffic such as serving web requests, API responses, and media delivery. The Company reserves the right to contact customers whose egress patterns are disproportionate to their booked compute capacity, and to apply additional charges or throttling if usage consistently and materially exceeds the included allowance. Fractional CPU allocations receive a proportional egress allowance (for example, 500 millicores includes 0.5 TB).

5. Customer Data

5.1 Ownership

You retain all rights, title, and interest in your Customer Data. The Company does not claim ownership of Customer Data.

5.2 Licence to Operate

You grant the Company a limited, non-exclusive licence to host, store, transfer, and process Customer Data solely as necessary to provide and operate the Platform.

5.3 Responsibility

You are solely responsible for the legality, accuracy, and appropriateness of Customer Data. The Company does not monitor, review, or endorse Customer Data, but reserves the right to remove or disable access to content that violates these Terms or applicable law.

5.4 Data Backup

While the Company takes reasonable measures to maintain data integrity, the Customer is responsible for maintaining independent backups of Customer Data. The Company is not liable for any loss or corruption of Customer Data.

6. Billing and Payment

6.1 Fees

Usage of the Platform is billed based on resource consumption (compute, memory, add-ons, and networking) as described on the pricing page. Prices may change with 30 days' prior notice. The minimum billing increment for compute and cache resources is one hour. Partial hours are rounded up to the next full hour.

6.2 Billing Cycle

Charges accrue based on actual usage and are invoiced in accordance with the Customer's billing profile. Invoices are due upon receipt unless otherwise agreed in writing.

6.3 Late Payment

Failure to pay invoices within the specified period may result in suspension of Platform access and accrual of late payment fees as permitted under UAE law.

6.4 Taxes

All fees are exclusive of applicable taxes. The Customer is responsible for all taxes, levies, and duties imposed by taxing authorities, including UAE Value Added Tax (VAT) at the prevailing rate. The Company will charge VAT where legally required.

6.5 Refunds

All payments made to the Company are non-refundable. Any exceptions to this policy shall be made solely at the discretion of the Company.

6.6 Disputes

Billing disputes must be raised within 30 days of the invoice date. The Customer must continue to pay undisputed amounts while a dispute is pending.

7. Service Levels

7.1 Target Uptime

The Company targets 99.95% monthly uptime for the Platform's core infrastructure. This is a target, not a guarantee, during the Early Access phase and is restricted to the uptime of infrastructure components on which your, services run. It does not apply to add-on services that are part of the platform, like logging, observability, monitoring, the Reis CLI and APIs.

7.2 Scheduled Maintenance

The Company may perform scheduled maintenance with reasonable prior notice. Scheduled maintenance windows are not counted against uptime targets.

8. Limitation of Liability

8.1 Cap on Financial Liability

To the maximum extent permitted by UAE law, the Company's total aggregate liability to the Customer for any and all claims arising out of or related to these Terms or the use of the Platform shall not exceed the total fees paid by the Customer to the Company during the calendar month immediately preceding the event giving rise to the claim.

8.2 Exclusion of Damages

To the maximum extent permitted by UAE law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business.
• Loss of data or Customer Data.
• Cost of procurement of substitute services.
• Business interruption.
• Loss of goodwill or reputation.

These exclusions apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if the Company has been advised of the possibility of such damages.

8.3 Essential Basis

The limitations in this section reflect the allocation of risk between the parties and are an essential basis of the bargain between the Company and the Customer.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform.
• Your breach of these Terms.
• Your violation of any applicable law or third-party rights.
• Customer Data hosted or processed through the Platform.

10. Intellectual Property

10.1 Platform IP

The Platform, including its software, design, documentation, APIs, trademarks, and all related intellectual property, is and remains the exclusive property of the Company. These Terms do not grant the Customer any rights to the Company's intellectual property except the limited right to use the Platform in accordance with these Terms.

10.2 Feedback

If you provide suggestions, feature requests, or feedback about the Platform, the Company may use such feedback without restriction or obligation to the Customer.

11. Suspension and Termination

11.1 Suspension by Company

The Company may suspend or restrict access to the Platform immediately if:

• The Customer breaches these Terms.
• The Customer's use poses a security risk to the Platform or other customers.
• The Customer fails to pay undisputed invoices within the specified period.
• Required by law, regulation, or court order.

11.2 Termination by Customer

You may terminate your account at any time by contacting us. Upon termination, you remain liable for any outstanding fees accrued before the termination date.

11.3 Termination by Company

The Company may terminate these Terms with 30 days' written notice. In cases of material breach, the Company may terminate immediately upon notice.

11.4 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. The Company will make Customer Data available for export for a period of 30 days following termination, after which Customer Data may be permanently deleted.

12. Confidentiality

Each party agrees to treat the other party's confidential information with at least the same degree of care it uses for its own confidential information, and not less than reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.

13. Force Majeure

Neither party shall be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, sanctions, internet or telecommunications failures, or cyberattacks. The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates.

14.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith negotiation between the parties for a period of 30 days. If the dispute is not resolved through negotiation, it shall be referred to and finally resolved by the courts of the United Arab Emirates.

15. Modifications to Terms

The Company reserves the right to modify these Terms at any time. Material changes will be communicated with at least 30 days' notice via email or through the Platform. Continued use of the Platform after the effective date of modified Terms constitutes acceptance of those changes. If you do not agree with the modified Terms, you must cease using the Platform.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations.

16.2 Severability

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

16.3 Waiver

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

16.4 Assignment

You may not assign or transfer these Terms without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Notices

Notices to the Company should be sent to: Mamluk LLC, Sharjah Media City, Sharjah, UAE by post and by email to hello@bahriya.cloud.

Notices to the Customer will be sent to the email address associated with the Customer's account.

17. Contact

For questions about these Terms, contact us at hello@bahriya.cloud.