Terms of Use

Please read these Terms of Use (“Terms”) carefully before using any Medius360 owned or operated website, including but not limited to [website URL] or any Medius360 service products, software, applications, data, imagery, models, functionality, and/or services provided to you on, from, or through the Medius360 Website, any Medius360 App, or any other Medius360 service (collectively, the “Service”). Using the Service indicates that you accept these Terms and any other terms, policies, and guidelines of Medius360 incorporated herein by reference. Any capitalized terms not otherwise defined in these Terms shall have their respective meanings as set forth in such other terms, policies, and guidelines. If you do not accept these Terms or such other terms, policies, or guidelines, you may not use the Service.

By creating an account, accessing, or continuing to use the Services, including but not limited to those covered under the Platform Subscription Agreement (PSA) and any other Medius360 services not specifically enumerated in these Terms, or by clicking to agree when prompted by Medius360, you confirm your acceptance of these Terms and any related agreements, schedules, or policies incorporated herein by reference. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its affiliates to these Terms, and ‘you’ or ‘your’ shall refer to such entity and its affiliates. Any actions, decisions, confirmations, orders placed, or purchases made under these Terms, including those relating to any and all Medius360 services, must be conducted by an individual who is authorized to act on behalf of the entity you represent. Continued use of the Services constitutes a binding agreement to these Terms, including any future modifications.

General

The Service is owned and operated by Medius360 ("Medius360," "we," "our," and "us"). Medius360 reserves the right to revise any of these Terms or any service-specific terms, which may be updated or amended by posting them on our website. These changes will become effective prospectively. You should check this page periodically for updates. If you disagree with any changes, your sole remedy is to discontinue your use of the Service. Continued use of the Service after changes are posted constitutes your acceptance of the new terms.

Prohibited Activities

When using the Service, you must comply with our Acceptable Use Policy (AUP) and refrain from:

• Sending, posting, uploading, or transmitting any unlawful, harmful, defamatory, discriminatory, or offensive content.

• Uploading material that contains viruses, malware, or any other harmful programs.

• Misrepresenting your identity or affiliation.

• Collecting personal information about others without consent.

• Advertising or soliciting the sale of any product or service unless authorized by Medius360.

• Interfering with or damaging the operation of the Service.

• Reproducing or reselling any part of our site, services, or content without prior written consent from Medius360.

• Violating any applicable laws or regulations.

• Assisting or permitting others in engaging in prohibited activities.

User-Submitted Information

You are solely responsible for any material you transmit via the Service. By submitting content, you represent that it is truthful, accurate, and lawful. You grant Medius360 a perpetual, irrevocable, transferable, royalty-free license to use, reproduce, distribute, and display any materials you submit to the Service. You also waive any "moral rights" in the submitted material. Medius360 has the right to monitor and remove content that violates our Terms of Service, as outlined in our Privacy Policy.

Unsolicited Ideas

Medius360 does not accept or consider unsolicited ideas, concepts, or know-how, including those for new products or services. If you submit such materials to Medius360, you grant us a perpetual, irrevocable, transferable, royalty-free license to use, reproduce, and distribute these materials without compensation. By submitting such materials, you waive any "moral rights" in the content.

Ownership and Use of the Service

Medius360 owns all rights to the Service and its content, including copyrights and intellectual property rights. Subject to these Terms, you are granted a non-exclusive, non-transferable, revocable license to use the Service for personal or authorized business purposes, including viewing and sharing content from the Medius360 platform. You are prohibited from copying, modifying, reverse-engineering, or distributing any part of the Service without written permission from Medius360.

Trademarks

All trademarks, service marks, logos, and trade names on the Service, including but not limited to "Medius360," are proprietary to Medius360 or its licensors. You may not reproduce or use any such marks without prior written consent from Medius360 or the respective owner.

Photo Usage

If the client receives a virtual tour or panoramic photograph, whether taken from the air or ground, and the photos are used on the website of another company, the client assumes full responsibility if those photos are published elsewhere or on their own website. In cases where the client's competitor uses these photos and legal or other issues arise, we, as the company, will not be held liable for any consequences.

For this reason, the client is required to inform neighboring businesses and establish agreements with them accordingly. We offer the following options to the client:

• Original Photos – featuring visible company names and other identifying details, or

• Modified Photos – where company names and other identifying elements are removed, should the client wish to publicly share these images.

In addition, we recommend including supplementary clauses in our general terms to safeguard our company:

• The client assumes full responsibility for any issues arising from the publication of the photographs.

• Our company cannot be held liable for any consequences resulting from violations of local laws or third-party rights.

Links to Other Websites

The Service may contain links to third-party websites. If you click on these links, you will leave the Medius360 platform. Some third-party websites may use Medius360's intellectual property under license, but Medius360 is not responsible for the content or security of these external sites. The inclusion of such links does not constitute an endorsement or approval of the linked websites. We encourage users to review the terms and privacy policies of these third-party websites before engaging with their services.

Jurisdictional Issues

The Service is controlled and operated by Medius360 from its offices in jurisdictions where the company operates. Medius360 makes no representation that materials available on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Software and content from the Service are further subject to local export controls and sanctions. No information or software from the Service may be downloaded or otherwise re-exported or supplied (i) into or to anyone located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a country or region that is subject to a comprehensive government embargo; or (ii) to an entity listed, or any entity fifty percent (50%) or more owned (either individually or in the aggregate, directly or indirectly) by such entity, on a Restricted Party List, which includes but is not limited to lists maintained by government authorities. By using information or software from the Service, you represent and warrant that you are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a Sanctioned Country, and are not on or owned by any such entity or person on any Restricted Party List. You also represent and warrant that neither you, nor your beneficial owners, nor your affiliates, nor any authorized user is: (a) a resident, located, or organized in a country or territory that is a Sanctioned Country; (b) included on, or affiliated with any person on a Restricted Party List; and/or (c) a person with whom business transactions, including exports and re-exports, are restricted by any applicable government entities. You shall abide by these Terms of Use in compliance with all applicable laws, including export regulations, and shall not engage in any activity that would cause Medius360, its subsidiaries, or affiliates to violate any related laws.

Suspension and Termination

Medius360 may suspend or terminate your use of the Service at any time in its sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.

Disclaimer

The materials and functionalities available on the Service are provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, Medius360 disclaims, on behalf of itself and its affiliates and licensors, all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Medius360 does not warrant that the functions on the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service will be free of viruses or other harmful components. Medius360 does not make any representations or warranties regarding the use or the results of the use of the materials or functions on the Service in terms of their correctness, accuracy, reliability, results to be achieved, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of the foregoing disclaimers may not apply to you.

Limitation of Liability

To the extent permitted under applicable law: (a) under no circumstances, including, but not limited to, negligence, shall Medius360 or its affiliates or licensors be liable for any consequential, exemplary, punitive, special, incidental, or other indirect damages, even if Medius360 or a Medius360 authorized representative has been advised of the possibility of such damages; and (b) the aggregate liability of Medius360 and its affiliates or licensors to you shall not exceed the lesser of the total amounts paid by you to Medius360 over the six (6) months preceding your claim(s). These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Applicable law may not allow some or all of this limitation of liability, so it may not apply to you.

Indemnification

You will indemnify, defend, and hold harmless Medius360, its affiliates, and their respective directors, officers, employees, licensors, subcontractors, representatives, and agents (“Indemnified Parties”), from and against any and all third-party claims, suits, actions, or proceedings (“Third-Party Claims”), including but not limited to all damages, losses, liabilities, judgments, fines, costs, and expenses (including attorneys’ fees) arising therefrom (“Losses”), based on, or arising out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Medius360 violates any law or infringes any third-party right, including any intellectual property or privacy right. You shall not settle any Third-Party Claim unless such settlement completely and forever releases Medius360 from all liability with respect to such Third-Party Claim or unless Medius360 consents to such settlement in writing.

Site Security

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial-of-service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Medius360 will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Children

The Service is intended for a general audience. Medius360 does not seek through the Service to gather personal information from or about children under the age of 13.

Privacy

Medius360’s Privacy Policy applies to use of the Services, and its terms are made a part of these Terms of Use by this reference. By using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure.

Policy Regarding Third-Party Copyrights

Medius360 respects intellectual property and follows relevant laws regarding copyright protection. If someone believes their copyright has been infringed upon, they can submit a notice to Medius360’s copyright agent with the following details:

• A description of the copyrighted work or intellectual property.

• A description of where the material you claim is infringing is located on the Service.

• Your address, telephone number, and email address.

• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

• A statement under penalty of perjury that the above information is accurate and that you are the copyright or intellectual property owner, or are authorized to act on behalf of the copyright or intellectual property owner.

• Your electronic or physical signature.

For counter-notifications regarding wrongly removed materials, the following must be provided:

• Your name, address, and telephone number.

• A description of the material that was removed and the location on the Service where it previously appeared.

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

• A statement consents to the jurisdiction of the courts in Dubai, UAE, and that you will accept service of process from the person who filed the original copyright notice or an agent of that person.

• Your electronic or physical signature.

These notifications can be submitted via email to [email protected] or by mail to Medius360 at the relevant address.

Other Legal Notices

Legal notices should be in writing and delivered by one of the following methods:

• Personal delivery.

• Registered or certified mail.

• Overnight courier with all fees prepaid.

• Email with confirmation of receipt.

For the addresses of legal notices:

• Medius360: Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, UAE

• Email: [email protected]

Notices are considered communicated based on delivery method:

• Personal delivery: Upon receipt.

• Mail: 3 business days after mailing.

• Overnight courier: 1 business day after delivery to courier.

• Email: Upon sending, as long as undeliverable notice isn’t received.

Exclusion of Financial and Accounts Receivable Notices: This section applies to legal notices only, and financial notices will follow different communication terms.

Taxes and Charges: Customers are responsible for paying any taxes related to purchases, excluding taxes on Medius360’s net income or property. If taxes apply, they will be invoiced to the customer unless an exemption certificate is provided.

Miscellaneous

• These terms are governed by the laws of the United Arab Emirates and the European Union and will be subject to the jurisdiction of the courts in Dubai, UAE, and relevant EU jurisdictions.

• Any provision of these Terms found to be unlawful or unenforceable will be severed, and the remaining provisions will remain valid.

• These Terms cover services, platform services, hardware, apps, and other services provided by Medius360.

• These Terms may not be assigned by the user without Medius360’s prior written consent.

• No amendment to these Terms is effective unless in writing and signed by both parties.

How to Contact Us

For any questions regarding services or these Terms, you can contact Medius360 at [email protected].