MariaGuides — Terms and Conditions

1. Agreement to these Terms

These Terms and Conditions (the "Terms") form a binding agreement between MariaGuides ("MariaGuides", "we", "us", "our"), which operates the Service, and the individual or entity accessing the Service ("you", "Customer").

By creating an account, installing the MariaGuides browser extension, clicking "I agree", or using any part of the Service, you accept these Terms. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" means that entity. If you do not have that authority, you must not accept these Terms.

These Terms incorporate by reference:

• the Privacy Policy;
• the Refund and Cancellation Policy;
• the Data Processing Addendum ("DPA"), available on request at support@mariaguides.com, where applicable under §17.

2. Definitions

3. The Service, Accounts and Eligibility

3.1 What the Service does. MariaGuides captures screenshots and interaction metadata from browser tabs you choose to record, and assembles them into editable step-by-step guides which you may edit, export and share.

3.2 Eligibility. You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, and not barred from receiving services under the laws of the UAE or any other applicable jurisdiction (see §23). The Service is not directed to children.

3.3 Account security. You are responsible for all activity under your account. You must keep your authentication credentials confidential and notify us at support@mariaguides.com immediately of any suspected unauthorized access. We are not liable for loss arising from your failure to secure your account, subject to §20.6.

3.4 Accuracy. You must provide accurate registration information and keep it current.

3.5 Availability. The Service is provided on an "as available" basis. We do not commit to any uptime, latency or support-response target unless we agree to one with you in writing. We may modify, suspend or discontinue any feature at any time; where a change is material and adverse to a paying Customer, we will use commercially reasonable efforts to give notice under §24.

4. Plans, Seats and Orders

4.1 Plans. Free, Pro Personal and Pro Team plans and their prices are described at mariaguides.com/pricing. Pro Personal and Pro Team are separate products: Pro Personal is for one person, and moving to Pro Team means buying a Pro Team subscription.

4.2 Seats. Pro Team is licensed per Seat, with at least 5 Seats, and the Workspace owner counts as one. A Seat is used once its person has joined the Workspace; a pending invitation does not use one. A Seat is assigned to one named individual. You may reassign a Seat when an Authorized User leaves your organization or changes role; you may not rotate Seats between individuals in order to serve more people than you have paid for. Only the Workspace owner can change the number of Seats, and changes are billed as §11.5 describes.

4.3 Entitlements are determined by us. Your plan, limits and feature access are determined solely by our server-side records. Any client-side display of entitlement is cosmetic. Any attempt to obtain paid features by manipulating client state, redirect parameters, network requests or stored tokens is a material breach of §7.

5. Customer Content and Licence

5.1 You own your content. As between you and MariaGuides, you retain all right, title and interest in and to Customer Content. We claim no ownership in it.

5.2 Licence to us. You grant MariaGuides a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers listed in the Privacy Policy) licence to host, store, copy, transmit, encode, reformat, display and create technical derivatives of Customer Content solely to the extent necessary to:

1. provide, maintain and secure the Service to you and to recipients you have authorized;
2. generate exports, share links and previews at your direction;
3. comply with law or a valid legal request under §8.3 of the Privacy Policy.

This licence terminates when the relevant Customer Content is deleted, except for (i) backups pending expiry of their retention cycle and (ii) copies you have distributed to third parties, which we cannot recall.

5.3 We do not use Customer Content to train AI models. We do not use your screenshots, step text or Guides to train, fine-tune or evaluate any machine-learning model. If you turn on the extension's optional AI step titles or voice notes, text about your steps and your voice go directly from your browser to the provider you chose, with your own key, under that provider's terms (Privacy Policy §4.11).

5.4 Your warranties about Customer Content. You represent and warrant that you have all rights, consents, permissions and legal bases necessary to capture, upload, store, share and export the Customer Content, including:

1. any authorization required from the operator of a Target Site;
2. any consent, notice or lawful basis required in respect of personal data of third parties appearing on screen;
3. any authorization required from your employer or your own customers where the captured material is confidential to them.

6. Acceptable Use

You must not, and must not permit any Authorized User or third party to:

• use the Service to capture, store or distribute content that is unlawful, defamatory, obscene, infringing, or that constitutes child sexual abuse material;
• capture systems, dashboards or data you are not authorized to access;
• capture another person's screen, session or personal data without the notice and consent required by law in their jurisdiction;
• use the Service to conduct surveillance of employees or others in breach of applicable employment, privacy or labour law;
• upload malware, or use the Service to distribute a payload to guide recipients;
• interfere with, overload, or attempt to degrade the Service or its infrastructure, including by automated request volume beyond documented rate limits;
• resell, rent, lease, timeshare, or operate the Service as a service bureau for third parties without our prior written consent;
• use the Service to build, train or benchmark a competing product.

Enforcement. We may investigate suspected violations and may suspend or terminate access under §18.3. We are not obliged to monitor Customer Content, and our right to act on a violation is not a duty to detect one.

7. Restrictions — Reverse Engineering, Scraping and Circumvention

Except to the exact extent that the following prohibitions are void under mandatory applicable law (including Article 6 of EU Directive 2009/24/EC on decompilation for interoperability, and the equivalent provisions of UK and other national law), you must not, and must not permit any person to:

1. decompile, disassemble, or reverse engineer any part of the Service, including the browser extension, its service worker, offscreen document, content scripts, or any compiled or bundled artifact, or otherwise attempt to derive its source code, structure, algorithms, capture mechanics or internal APIs;
2. scrape, crawl, harvest or index the Service, or extract data from it by any automated means, other than through an interface we have publicly documented for that purpose;
3. circumvent, disable or interfere with any security, authentication, rate-limiting, watermarking, entitlement, licensing or usage-limit mechanism, or access any part of the Service by any means other than the interfaces we provide;
4. modify, adapt, translate, or create derivative works of the Service, or remove, obscure or alter any proprietary notice, watermark or attribution;
5. probe, scan or test the vulnerability of the Service, or breach or attempt to breach its authentication or access controls, except under a written authorization from us or under a published vulnerability-disclosure programme, if any;
6. access the Service in order to replicate its features, user interface, capture pipeline or output formats in a competing product.

Interoperability carve-out. Where mandatory law grants you a right to decompile for interoperability, you must first request the necessary interface information from us in writing at support@mariaguides.com and allow us a reasonable period to supply it.

Responsible disclosure. If you discover a security vulnerability, report it to support@mariaguides.com. We will not pursue claims under this §7 against a researcher who acts in good faith, stays within the scope of a disclosure we have published, does not access or exfiltrate other users' data, and gives us a reasonable period to remediate before public disclosure.

8. Account Sharing and Credential Discipline

8.1 One account, one human. Accounts and credentials are personal to a single named individual. You must not share, sell, lend, publish, or otherwise make available your credentials, sign-in links or codes, session tokens, or authenticated sessions to any person outside the Workspace to which the account is assigned.

8.2 Within a Workspace. Sharing a Workspace with colleagues is done by inviting them as members and assigning Seats, not by sharing a login. Every human who uses a Pro Team Workspace must occupy their own Seat.

8.3 Shared and generic accounts. You must not register or operate accounts under a shared mailbox or role address (e.g. team@, ops@, info@) as a means of serving multiple individuals under one Seat.

8.4 Consequences. Credential sharing is a material breach. We may, at our discretion and without refund: require you to purchase Seats sufficient to cover actual usage; suspend the account under §18.3; or terminate for cause. Where we detect concurrent use inconsistent with a single user, we may invalidate sessions without notice.

8.5 Share links are not accounts. Sharing a Guide via a share link is a permitted feature and is not credential sharing. You remain responsible for what you place behind a share link and for revoking links you no longer intend to be public (see §9.4).

9. Capture, Sensitive Data and Your Responsibility

This section is fundamental to the bargain between us. Read it.

9.1 You control what is captured. The Service captures what is on the screen of the browser tab you have chosen to record, at the moments you interact with it. Nothing is captured until you press Start. You decide what to point it at, when to start, when to pause, and when to stop. MariaGuides does not review, moderate or inspect Customer Content, and has no way to know whether a given screenshot contains a password, a patient record, a bank balance, a customer list or a state secret.

9.2 Your responsibility to protect sensitive material. You are solely responsible for ensuring that no material you are not entitled to capture, store or share ends up in Customer Content. In particular, you are responsible for:

1. stopping or pausing capture before navigating to any screen containing credentials, payment card data, health information, government identifiers, or other sensitive personal data;
2. using the blur and redaction tools provided in the editor to obscure any sensitive region that was nevertheless captured, before sharing, exporting or publishing;
3. reviewing every Guide before distributing it, including before generating a share link, inviting someone to it by email, embedding it, or exporting it to PDF, Markdown, HTML or video;
4. revoking share links when the audience for a Guide changes.

9.3 Best-effort masking is not a guarantee. The extension tries to recognise password, one-time-code and payment-card fields, and fields whose names look like secrets. In extension version 2.1.1 and later, it blacks them out in each step's picture before the picture leaves your browser, and replaces what you typed in them with •••. This is a best-effort convenience feature that depends on the Target Site marking its fields correctly. It is not a security control, it will not catch sensitive data rendered as ordinary text, images, canvas, PDF viewers, or custom widgets, and you must not rely on it. Similarly, each step's picture is meant to show the screen just before your action, on a best-effort basis, and may show a different moment on pages that change rapidly.

9.4 Share links. A share link whose access is set to public is an unauthenticated URL: anyone who has it, or who views a page where it is embedded, can view the Guide. Treat it as public. Revocation stops new access, but images and videos already cached by the service that delivers share links may remain retrievable for up to one hour after revocation, a browser that already opened the link may keep its own copy for longer, and anyone who already opened, downloaded or exported the Guide retains what they took.

9.5 Exports leave our control entirely. Downloaded PDF, Markdown, HTML, video and GIF exports are files on your device. Once exported, we cannot delete, revoke, watermark, track or recall them. Blur and redaction applied after an export do not affect files already exported.

9.6 Target Sites. You are responsible for confirming that recording a Target Site is permitted by that site's own terms of service, by your contract with its operator, and by law. MariaGuides has no relationship with, and gives no assurance about, any Target Site.

9.7 Allocation of risk. To the maximum extent permitted by law, MariaGuides has no liability of any kind for the presence, capture, storage, disclosure, export or onward distribution of sensitive, confidential, regulated or personal data that a user chose to record. This allocation is a material inducement to us providing the Service at the stated price, and is reflected in §20 and §21.

10. Third-Party Services

The Service depends on third-party providers (including cloud hosting, payment processing, email delivery and content delivery). Those providers are listed in the Privacy Policy. We are responsible for their performance as our sub-processors under the DPA where applicable, but we are not responsible for third-party services you connect, install alongside, or point the Service at, including any AI or transcription provider whose key you enter in the extension. Your use of a Target Site is governed by that site's own terms.

11. Payment, Taxes, Billing and Renewal

11.1 Dodo Payments is the merchant of record. Paid plans are sold to you by Dodo Payments, which acts as the merchant of record. Dodo Payments takes the payment, charges any sales tax or VAT that applies, issues your receipts and invoices, and processes refunds. Its own buyer terms and privacy policy apply to the checkout and to the purchase, and your card statement and receipts show Dodo Payments as the seller. MariaGuides provides the Service.

11.2 Card data. We never receive or store your card number. You enter your payment details at Dodo Payments' checkout.

11.3 Prices and taxes. Prices are shown at mariaguides.com/pricing, in US dollars, before tax. Dodo Payments adds any sales tax or VAT that applies where you are at checkout. If you are a business and a reverse charge applies to you, you can enter your tax registration number at Dodo Payments' checkout.

11.4 Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual), and Dodo Payments charges your payment method, until you cancel. Cancellation is governed by the Refund and Cancellation Policy.

11.5 Seat changes. On Pro Team, a Seat you add is charged straight away for the rest of the current billing period, and your billing date does not change. A Seat you remove stops at the next renewal, with no refund or credit for the current period. The number of Seats cannot go below 5, or below the number of members in the Workspace.

11.6 Failed payment. If a renewal payment fails, Dodo Payments may retry it. While the subscription is unpaid, we may move the Workspace to the Free Tier, as the Refund and Cancellation Policy describes.

11.7 No refunds. All fees are non-refundable except as set out in the Refund and Cancellation Policy or as required by mandatory consumer law.

11.8 Price changes. We may change our prices. We will tell you before a new price applies to your subscription, and it applies from a renewal after that notice. Your remedy if you object is to cancel before that renewal.

11.9 Chargebacks. Initiating a chargeback without first contacting support@mariaguides.com is a breach of these Terms and may result in immediate suspension.

12. Free Tier, Limits and Data Retention

12.1 Free Tier limits. The Free Tier is limited to 25 active Guides per Workspace (Guides in Trash and archived Guides do not count). PDF and Markdown exports carry a watermark, and the Free Tier does not include HTML or video export, share links, or inviting people to a Guide by email. Current limits are published at mariaguides.com/pricing and may change on notice under §24.

12.2 Locked Guides. A Guide created beyond the Free Tier limit is saved but marked locked: it remains visible and its data is retained, but it cannot be opened, edited or exported until you either upgrade or free a slot by deleting or archiving another Guide.

12.3 Retention. We do not delete Guides or screenshots on a schedule, on any plan. A Guide is deleted when someone deletes it forever from Trash. The Privacy Policy (§10) says how long each kind of data is kept.

12.4 Downgrade. On downgrade from a Pro Plan, we keep your most recently updated Guides up to the Free Tier limit active and mark the remainder locked. Nothing is deleted at the moment of downgrade, and your screenshots are retained. If you subscribe again, you can unlock any locked Guide.

12.5 Backups are not an archive service. We keep operational backups for disaster recovery. They are not a customer-facing restore service, and we do not undertake to recover individual Guides you deleted.

13. Publicity and Marketing Rights

13.1 Customer identification. Where you register for or use the Service using an email address at a corporate or organizational domain (for example, name@company.com, as distinct from a consumer webmail domain), you grant MariaGuides a limited, worldwide, non-exclusive, royalty-free licence to identify that organization as a customer of MariaGuides, and to display its name, trade name and logo on the MariaGuides website, in sales and marketing materials, in pitch decks and investor materials, in press releases announcing the relationship, and on social media.

13.2 Scope and manner of use. Any such use will:

1. be limited to a factual statement that the organization is or was a customer;
2. reproduce the organization's name and logo without alteration, distortion or recolouring beyond ordinary responsive scaling;
3. comply with any brand or trademark usage guidelines the organization has published or supplied to us in writing;
4. not state or imply an endorsement, testimonial, partnership, certification or recommendation, and not disclose any confidential information, contract terms, pricing, usage volumes, or the content of any Guide.

13.3 Opt-out — at any time, for any reason, free of charge. You may opt out at any time by emailing support@mariaguides.com from an address at the relevant domain, stating the organization's name and requesting removal. No reason is required and no fee applies. We will:

• remove the name and logo from all MariaGuides-controlled digital properties;
• remove it from materials not under our direct control (printed collateral, previously distributed decks, third-party caches and archives) at the next reasonable opportunity, and cease all further use immediately.

An opt-out is permanent unless you later opt back in in writing. Opting out does not affect your subscription, pricing, support or any other aspect of the Service.

13.4 Trademark ownership. All rights in your name, logo and marks remain yours. Nothing in this section transfers any right, and the licence in §13.1 terminates when you opt out under §13.3.

13.5 Authority. If the individual who registered lacks authority to grant the licence in §13.1, §13.3 is the remedy: notify us and we will remove the reference. We will not treat a signup as a warranty of trademark authority, and we will not seek damages from a Customer whose employee had no such authority.

13.6 Named case studies, quotes and testimonials require your separate, prior written consent in each instance, and are outside §13.1.

13.7 Individual users. §13.1 applies to organizations, not to natural persons. We will not use an individual's name, likeness, photograph or personal brand in marketing without that individual's separate express consent.

14. Intellectual Property

14.1 Our IP. The Service, including all software, source code, extension mechanics, capture pipeline, user interface, design system, documentation, trademarks and the "MariaGuides" name and logo, is owned by MariaGuides and its licensors and is protected by copyright, trademark, trade secret and other laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Service for its intended purpose during your subscription — and nothing more. All rights not expressly granted are reserved.

14.2 Third-party components. The Service includes open-source components governed by their own licences, which prevail over these Terms in respect of those components. The browser extension includes its third-party notices in its THIRD_PARTY_NOTICES.txt file.

14.3 Copyright complaints. Send notices of claimed infringement to support@mariaguides.com with sufficient detail to identify the work and the material complained of. We may remove or disable access to material and terminate repeat infringers.

15. Feedback

If you send us ideas, suggestions, bug reports or feature requests ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use and exploit it without restriction, attribution or compensation. Feedback is provided voluntarily and is not your confidential information. This does not give us any right to Customer Content.

16. Confidentiality

Each party may receive the other's non-public information ("Confidential Information"). The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisers bound by equivalent obligations. These duties do not apply to information that is public through no breach, independently developed, or lawfully received from a third party, and do not prevent disclosure compelled by law provided the receiving party gives prompt notice where legally permitted. Customer Content is your Confidential Information.

17. Data Protection

17.1 Roles. Where you use the Service as an organization, you are the controller (or "business") of personal data appearing in Customer Content and of your Authorized Users' account data, and MariaGuides acts as processor (or "service provider") in respect of Customer Content. MariaGuides is an independent controller of account, subscription, security and error-report data, and of Guide Insights, as described in the Privacy Policy.

17.2 DPA. Where our processing of personal data on your behalf is subject to the GDPR, the UK GDPR, the UAE Personal Data Protection Law, the CCPA/CPRA or a comparable law, our Data Processing Addendum, available on request at support@mariaguides.com, applies and is incorporated into these Terms. Where the DPA conflicts with these Terms on the processing of personal data, the DPA prevails.

17.3 Your compliance. You are responsible for having a lawful basis for the personal data you capture, for providing any required notices to data subjects, and for completing any data protection impact assessment your own use requires. §9 applies.

18. Term, Suspension and Termination

18.1 Term. These Terms apply from your first use until terminated.

18.2 Your termination. You may cancel at any time in accordance with the Refund and Cancellation Policy. You may ask us to delete your account at any time by emailing support@mariaguides.com; deletion is subject to §18.5.

18.3 Suspension. We may suspend your access, in whole or in part, immediately and without liability, where we reasonably believe: (a) there is a security or integrity risk to the Service or another customer; (b) your use violates §6, §7 or §8; (c) your use exposes us to legal liability or regulatory action; or (d) fees are overdue. Where practicable and lawful we will give notice and an opportunity to cure.

18.4 Termination for cause. We may terminate immediately for a breach of §6, §7, §8 or §23, or if you become insolvent or enter administration or liquidation.

18.5 Effect of termination. Your licence ends and access ceases. You are responsible for exporting your data before termination. Sections 5.1, 7, 9, 14, 15, 16, 19, 20, 21, 23 and 25 survive.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

MariaGuides expressly disclaims all warranties, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranty arising from course of dealing, usage or trade practice.

Without limiting the foregoing, MariaGuides does not warrant that:

• the Service will be uninterrupted, timely, secure, or error-free;
• defects will be corrected;
• captured screenshots will be complete, correctly timed, or free of unintended content;
• automatic masking of password or payment fields will detect or obscure any given field (see §9.3);
• generated step titles, text extraction or any automated output will be accurate, suitable, or fit for any regulatory, training, compliance, safety-critical or legal purpose;
• exports will render identically across viewers, or that share links will be inaccessible after revocation (see §9.4);
• the Service will meet your requirements or comply with any standard, framework or certification applicable to your industry.

The Service produces documentation. It is not a compliance product, a records-management system, a system of record, or a backup service, and it must not be relied upon as one.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you; in that case, such warranties are limited to the minimum period and extent permitted by law.

20. Limitation of Liability

20.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARIAGUIDES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY:

• loss of profits, revenue, business, contracts, anticipated savings or goodwill;
• loss, corruption or unavailability of data, including Customer Content, screenshots or Guides;
• business interruption, downtime, or cost of substitute services or procurement;
• loss arising from unauthorized access to, or disclosure of, data that a user chose to capture;
• regulatory fines, penalties or investigation costs incurred by you;
• reputational harm;

however caused, under any theory of liability (contract, tort including negligence, strict liability, statute or otherwise), and whether or not MariaGuides was advised of, or should have foreseen, the possibility of such damage.

20.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MARIAGUIDES AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FOR ALL CLAIMS IN AGGREGATE, WILL NOT EXCEED THE LESSER OF (A) ONE HUNDRED UNITED STATES DOLLARS (US$100), OR (B) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

Free Tier users: where you have paid nothing, the cap is US$0, and your sole and exclusive remedy is to stop using the Service.

20.3 Single cap. The cap in §20.2 is aggregate and cumulative. Multiple claims do not enlarge it, and the existence of more than one claim does not create more than one cap.

20.4 Basis of the bargain. You acknowledge that the pricing of the Service reflects this allocation of risk, that MariaGuides would not provide the Service on these terms without it, and that these limits apply even if a limited remedy fails of its essential purpose.

20.5 Time bar. Any claim must be brought within one (1) year after the cause of action accrues, or it is permanently barred, except where a longer period is required by mandatory law.

20.6 What is NOT excluded — mandatory carve-outs. Nothing in these Terms excludes or limits liability for:

1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation;
3. wilful misconduct or gross negligence, where such exclusion is prohibited by applicable law;
4. a party's infringement of the other's intellectual property rights;
5. your payment obligations under §11;
6. any liability that cannot lawfully be excluded or limited, including a data subject's direct statutory right to compensation under Article 82 of the GDPR or an equivalent provision, and mandatory consumer-protection rights under the law of your habitual residence.

20.7 Consumers. If you are a consumer, you have statutory rights that these Terms cannot take away, and §20.1–§20.5 apply only to the extent permitted by the mandatory consumer law of your country of habitual residence. Your statutory rights are unaffected.

20.8 Severability of this section. If any part of §20 is held unenforceable in a jurisdiction, it is to be reformed to the maximum limitation that jurisdiction permits, and the remainder of §20 stays in force.

21. Indemnification

21.1 Your indemnity. You will defend, indemnify and hold harmless MariaGuides, its affiliates, and their officers, directors, employees, agents and licensors from and against any third-party claim, demand, action, investigation or proceeding, and all resulting losses, damages, fines, penalties, settlements, costs and reasonable legal fees, arising out of or relating to:

1. Customer Content — including any claim that it infringes intellectual property, violates privacy or publicity rights, discloses a trade secret or confidential information, or contains unlawful material;
2. your capture of sensitive, confidential, regulated or personal data, and any breach, disclosure, misuse or onward distribution of it — including where you shared it via a share link, an export, an embed, or an invitation;
3. your failure to obtain any required consent, notice or authorization from a data subject, employee, employer, Target Site operator or your own customer;
4. your breach of §6 (Acceptable Use), §7 (Restrictions), §8 (Account Sharing), §9 or §23 (Export Control);
5. your violation of any law, including data protection, employment, surveillance or consumer law;
6. any dispute between you and an Authorized User, your employer, or a guide recipient.

21.2 Procedure. We will notify you of the claim without undue delay, give you sole control of the defence and settlement (provided that no settlement imposing a non-monetary obligation, admission of fault or payment on MariaGuides may be made without our prior written consent), and give you reasonable cooperation at your expense. We may participate with our own counsel at our own cost.

21.3 Our indemnity. We will defend you against a third-party claim that the Service as provided by us and used in accordance with these Terms infringes that third party's copyright, trademark or trade secret, and will pay damages finally awarded or agreed in settlement, subject to the cap in §20.2. This does not apply to claims arising from Customer Content, from combination of the Service with anything not supplied by us, from modification of the Service, or from your continued use after we notify you to stop. If the Service becomes the subject of such a claim, we may at our option procure the right to continue, modify it to be non-infringing, or terminate and refund prepaid unused fees — this is your sole and exclusive remedy for infringement by the Service.

21.4 Consumers. If you are a consumer, §21.1 applies only to claims arising from your intentional or negligent breach, and only to the extent permitted by mandatory law.

22. Force Majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, epidemic or pandemic, government action, sanctions, labour dispute, internet or telecommunications failure, power failure, denial-of-service attack, or the failure or outage of a third-party hosting, payment, email or content-delivery provider.

23. Export Control and Sanctions

You represent that you are not located in, ordinarily resident in, or organized under the laws of, a country or territory subject to comprehensive sanctions administered by the United Arab Emirates, the United Nations, the United States, the United Kingdom or the European Union, and that you are not listed on any applicable restricted-party or terrorist-financing list. You must not use, export or re-export the Service in violation of any applicable export control or sanctions law. Breach of this section permits immediate termination without refund.

24. Changes to these Terms

We may modify these Terms. For material changes we will tell you by email to the address on your account and by a notice in the Service before the change takes effect, and the change takes effect on the date we state. Non-material changes (clarifications, corrections, contact details) take effect on posting. Continued use after the effective date is acceptance. If you do not agree, your remedy is to stop using the Service and cancel before the effective date. Where mandatory consumer law requires affirmative consent to a change, we will seek it.

Earlier versions of these Terms are available on request at support@mariaguides.com.

25. General

• Entire agreement. These Terms, with the documents incorporated in §1, are the entire agreement and supersede all prior discussions, proposals and representations. You have not relied on any statement not set out here (this does not limit liability for fraud).
• Order of precedence. (1) a signed written enterprise agreement, if any; (2) the DPA, on personal-data processing; (3) these Terms; (4) the other incorporated policies.
• Severability. If any provision is held invalid or unenforceable, it is modified to the minimum extent necessary to be enforceable — or, if it cannot be, severed — and the remainder stays in full force.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our prior written consent, except to a successor of all or substantially all of your business or assets on notice to us. We may assign freely to an affiliate or in connection with a merger, acquisition or sale of assets. Any prohibited assignment is void.
• No third-party beneficiaries, except that our affiliates, officers, directors, employees, agents, suppliers and licensors may enforce §19, §20 and §21.
• Independent contractors. No agency, partnership, joint venture or employment relationship is created.
• Notices. To you: the email address on your account, or in-product notice. To us: support@mariaguides.com. Email notice is deemed received on the next business day.
• Language. These Terms are made in English. Any translation is for convenience only; the English version prevails in the event of conflict, except where mandatory law provides otherwise.
• Headings are for convenience and do not affect interpretation. "Including" means "including without limitation".

26. Contact

MariaGuides — support@mariaguides.com, for support, billing, privacy, security and legal notices.

If you have a complaint, please email us first, so that we can try to put it right.