Terms of service

1.1. "Account" means a part of the DIFC AI CERTIFICATION PLATFORM assigned to you, identified by a single e-mail address, through which you can perform certain actions within the DIFC AI CERTIFICATION PLATFORM.

1.2. "Affiliate" means, with respect to either party to this GTCs, any corporation or other business entity controlled by, controlling or under common control with that party.

1.3. "Agreement" means these GTCs collectively with a separate contract that you may have concluded with WLC, as amended from time to time.

1.4. "Organization" means any legal entity that has agreed to the GTCs. Organization may be associated with multiple End Users.

1.5. "Organization Content" means any information, text, files, library, data, or any other material that is submitted, entered, uploaded onto, stored on, or otherwise made available on DIFC AI CERTIFICATION PLATFORM by that Organization or its Team Member.

1.6. "DIFC" means the Dubai International Financial Centre.

1.7. "DIFC AI CERTIFICATION PLATFORM" means the online service (platform) operated by WLC and made available through a website under the domain: reg10.ae.

1.8. "End User" means any individual that is registered on DIFC AI CERTIFICATION PLATFORM.

1.9. "GTCs" means these General Terms and Conditions.

1.10. "Initial Assessment" means a fast-track determination of the DIFC Regulation 10 certification requirements through DIFC AI CERTIFICATION PLATFORM in respect of a particular AI system.

1.11. "Laws" means any applicable law, rule, regulation, norm, and directive including, without limitation, industry or company-specific regulations, data privacy regulations, telecommunication, and IT security law.

1.12. "Privacy Notice" means the Privacy Notice available here: https://whitelabelconsultancy.com/privacy-notice/

1.13. "Proprietary Information" means without limitation, any information regarding marketing, software used for DIFC AI CERTIFICATION PLATFORM, scripts, sample codes, libraries, sales methods and processes, data use cases, sales proposals, products, services, lists, training manuals, governance procedures and relevant templates, intellectual property, information about employees and other confidential Information.

1.14. "Services" means collectively services provided throughout DIFC AI CERTIFICATION PLATFORM, including but not limited to the Initial Assessment.

1.15. "Term" means the period for which the Agreement was concluded.

1.16. "Third Party" means any person or legal entity other than the parties to the Agreement.

1.17. "UAE" means the United Arab Emirates.

1.18. "WLC" means White Label Consultancy FZCO, with its registered HQ at Dubai World Trade Centre FZ, P.O. Box 123138, Dubai, United Arab Emirates and/or its Affiliates.

2.1. Provision of Services. Through DIFC AI CERTIFICATION PLATFORM, WLC shall enable you to register an Account on DIFC AI CERTIFICATION PLATFORM; conduct an Initial Assessment; contact WLC and/or request or use other services available through DIFC AI CERTIFICATION PLATFORM. The Initial Assessment is a free service, until further notice, but other services will be provided for a fee and for the Term specified in the respective Agreement.

3.1. WLC representations. WLC will render the Services with due diligence, using all its knowledge and experience. WLC will use commercially reasonable practices, including encryption, firewalls and backups, designed to enable any content on DIFC AI CERTIFICATION PLATFORM to be disclosed only to the relevant person and/or Organisation.

3.2. End User representations. In any case, you shall be fully responsible for use of the Services in line with these GTCs, the respective Agreement and applicable Laws.

3.3. Change of Resources. WLC reserves the right to replace with 14 days" notice, any resources allocated under GTC or the respective Agreement with other resources that can fulfil the relevant Services.

3.4. Subcontractors. WLC may use a subcontractor to provide Services. In such a case, WLC remains solely responsible for the Services provided by the subcontractor.

4.1. Eligibility. WLC offers the Services for business purposes only and not for personal or consumer use. By registering an Account or by using the Services, you represent that: (1) you are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity); (2) you will use and/or render Services for business purposes only; (3) you will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and any offering or provision of Services.

4.2. Verification. When you register for an Account and periodically thereafter, your Account might be subject to verification, including but not limited to verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business. When requested, you must timely provide WLC with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity.

4.3. During verification, some Account features may be temporarily limited but will be restored should verification be successfully completed.

4.4. Right to Use. WLC, subject to the restrictions below, grants you the right to access and use DIFC AI CERTIFICATION PLATFORM.

4.5. Service Standard. WLC will use commercially reasonable efforts to make the DIFC AI CERTIFICATION PLATFORM available twenty-four (24) hours per day, seven (7) days per week, less operational requirements, including maintenance, service, and security.

4.6. Requirements. You will be able to access and use DIFC AI CERTIFICATION PLATFORM on all modern desktop, mobile, tablet devices, and browsers. WLC recommends using the most up-to-date browser compatible with your operating system.

4.7. Restrictions. You shall not: (i) provide access to the DIFC AI CERTIFICATION PLATFORM to any third party or otherwise permit a third party to use or benefit from the DIFC AI CERTIFICATION PLATFORM or (ii) copy, modify, or reverse engineer the DIFC AI CERTIFICATION PLATFORM or otherwise attempt to discover any software code, or underlying technical information (except to the limited extent that applicable law prohibits such restrictions), (iii) use or export DIFC AI CERTIFICATION PLATFORM in breach of applicable Laws or the Agreement.

4.8. Service Suspension and Termination. In addition to any other remedies that may be available to WLC, WLC reserves the right to immediately suspend or terminate access to the DIFC AI CERTIFICATION PLATFORM upon notice and without liability for WLC should you or your affiliated End User fail to abide by the terms of the respective Agreement or Laws.

5.1. The Agreement can be terminated for convenience by both Parties at any time by written notice, including in an electronic form, unless the Agreement provides otherwise.

5.2. Either Party may terminate the Agreement immediately in case of any of the following events:

(i) the Party to the Agreement materially breaches any of the terms of the Agreement and does not remedy the breach within 10 business days upon receipt of a notice;

(ii) the performance of the Agreement (including the application of any fee arrangements) would otherwise breach a legal or regulatory requirement.

6.1. Except as provided elsewhere in the Agreement, you will treat all information disclosed to you by WLC on DIFC AI CERTIFICATION PLATFORM or regarding DIFC AI CERTIFICATION PLATFORM with utmost care and confidentiality. This information will be regarded as WLC" Proprietary Information.

6.2. You agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that you provide for your own or your organization's confidential and proprietary information.

6.3. Nothing shall prohibit or limit your use of information that can be demonstrated as:

(i) acquired from a third party not under similar non-disclosure obligations; OR

(ii) acquired through the public domain through no breach by the receiving Party of the Agreement.

6.4. Notwithstanding the above, please refer to your Agreement to know more about the use of Confidential and Proprietary Information.

7.1. WLC.

7.1.1. WLC does not warrant or guarantee any specific level of performance or results of Services. Example of results may be used as a marketing tool and shown to you for demonstrative purposes only and should not be construed as indicating any promised results or level of results.

7.1.2. WLC shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or non-performance of the Services, especially: (i) WLC accepts no liability to anyone other than you in connection with the Services and deliverables, including any fees or fines imposed on you or WLC by any regulatory authority; (ii) WLC is not responsible for errors which result from faulty or incomplete information supplied by you to WLC; (iii) WLC shall not be liable to you for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies; changes in terms of services; any delays, delivery failures, or other loss or damage resulting from the transfer of data over communications networks and facilities which are not directly controlled by WLC.

7.1.3. Limitation of Liability for Initial Assessment Results. WLC is not responsible or liable for any assessment results provided through the DIFC AI Certification Platform's Initial Assessment tool. These results are indicative only and do not constitute legal, regulatory, or professional advice. Users must exercise independent judgment and consult qualified experts to determine whether DIFC Regulation 10 or any other regulatory requirements apply to their specific AI systems or use cases. WLC disclaims all warranties, express or implied, regarding the accuracy, completeness, or reliability of the information provided to conduct the assessment or the assessment results and shall not be liable for any damages arising from reliance on such results.

7.2. Organization

7.2.1. Responsibility for the Account and Organization Content. Except to the extent caused by a breach of the Agreement by WLC, you are responsible for (i) all activity occurring under your Account, and (ii) Organization Content; and shall hold WLC harmless and indemnify it for all claims, losses, damages, liabilities, costs (including legal fees) and expenses arising out of or relating to such activity and/or Organization Content.

7.2.2. You agree to indemnify and hold harmless WLC for any liability (including legal costs) incurred in connection with any claim by any third parties in relation to the use of Services.

7.2.3. You agree that, in the event WLC is determined to be: (i) liable for any loss, or damage, your sole remedy against WLC is limited to a refund of payments made by you for said Services, less expenses paid to subcontractors or to third parties; (ii) liable for any loss or damage to Organization Content, your sole and exclusive remedy shall be for WLC to use reasonable commercial endeavors to restore the lost or damaged Organization Content from the latest back-up of such Organization Content maintained by WLC.

7.2.4. You agree that the maximum amount of damages you may seek shall not exceed the amount of total fees you have paid for the Services.

7.2.5. Notwithstanding the foregoing, for any Services provided free of charge, you agree that WLC shall not be liable for any damages, claims, or compensation arising from or in connection with these Services, including refunds. Accordingly, clauses 7.2.3 and 7.2.4 shall not apply.

8.1. WLC or its third-party licensors own all intellectual property rights embodied in the DIFC AI CERTIFICATION PLATFORM, deliverables, DIFC AI CERTIFICATION PLATFORM-generated outputs and/or any Services provided by WLC under the Agreement including all modifications or derivatives thereof. No rights are granted to Organization or End User, other than as expressly set forth in the respective Agreement.

8.2. WLC shall be the sole owner of any newly-developed intellectual property rights related in any way to the DIFC AI CERTIFICATION PLATFORM or DIFC AI CERTIFICATION PLATFORM code, deliverables, and/or Services.

8.3. You agree to protect the proprietary rights of WLC and all others having rights in the Services during and after the Term and to comply with all reasonable written requests made by WLC or otherwise to protect its contractual, statutory, and common law rights in the Services. You agree to notify WLC immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

8.4. Organization Content (including Organization Content contained in any output from the DIFC AI CERTIFICATION PLATFORM) shall remain the property of the Organization. Notwithstanding the above, to the extent that as part of the Services and/or deliverables WLC shares with you any intellectual property rights, WLC will own intellectual property rights in any such material created under the Agreement.

8.5. You acknowledge that WLC may need to keep copies of the materials obtained or developed as part of the Services, including any materials provided to WLC by the Organization.

9.1. Detailed information on the processing of personal data within the DIFC AI CERTIFICATION PLATFORM, is provided in the Privacy Policy, available at the following address: https://whitelabelconsultancy.com/privacy-notice/.

9.2. If you wish to conclude a Data Processing Agreement, you may request it by reaching out directly to WLC.

10.1. If a dispute arises, the Parties will attempt to resolve it by discussion and negotiation before commencing legal proceedings.

11.1. The Parties agree that whenever notice to the other Party should be provided in writing, it can be provided in an electronic form, in particular via email. The email address of WLC for this purpose is support@whitelabelconsultancy.com. WLC's office hours are 08.00 to 17.00 CET.

12.1. If any provision of the Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and the Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of the Agreement, the remaining provisions of the Agreement shall remain in full force and effect.

13.1. Headings used in the Agreement are for convenience only and shall not be used to limit or construe the contents of the Agreement.

14.1. Respective Agreement shall prevail in case of conflict between its provisions and GTC, unless those Agreements provide explicitly otherwise.

15.1. The Parties understand and agree that the construction and interpretation of the Agreement is governed by the laws of UAE. In the event that either Party must initiate legal action to enforce the Agreement, the Parties agree that the proper venue for such action shall be the Courts of Dubai.