1. Parties and acceptance
These Terms govern business use of MabrookTrack at mabrooktrack.com and app.mabrooktrack.com. The parties are the customer identified in the account or order form (you) and VM MEDIA LLC, a limited liability company licensed by Sharjah Media City (SHAMS), Licence 2322072.01, Formation 2322072, registered at Sharjah Media City, Sharjah, UAE (we).
An authorised representative accepts these Terms and the DPA by electronic signature in the dashboard or a referencing signed order form. We record the signer, date and versions. Dashboard acceptance is required before access, including platform-app installations and trials using real store data.
2. Key terms
Customer Data means data submitted or generated for you through the service. An Order Form is your signed order, quote or dashboard plan selection specifying the plan, fees, currency, subscription term and limits. The DPA includes its annexes and incorporated transfer instruments. A shopper is a visitor or customer of your store.
3. The service
MabrookTrack records store events and orders, attributes them using your selected model and window, reports results and sends conversion signals to platforms you configure where your consent settings permit. Features depend on your plan and integrations.
We may improve the service. Before discontinuing functionality material to your plan, we give at least 30 days' notice. If materially and adversely affected, you may end the affected subscription and receive a pro-rata refund of unused prepaid fees.
4. Measurements and AI
“True ROAS” is revenue attributed under the selected model and window divided by ad spend. It measures attribution, not advertising causation. Results depend on consent, browser and integration coverage, store/platform reporting, duplicate records, and currency rates shown in the service. Reported refunds and cancellations reduce revenue; cash-on-delivery orders may later be cancelled. Figures can change as updates arrive.
AI recommendations use pseudonymised performance summaries. Review them before acting: the service does not automatically change campaigns or budgets. Product marketing is subject to these qualifications.
5. Accounts
Users must be at least 18 and act for your business. Keep company details accurate, credentials confidential and access authorised. You are responsible for account activity; report suspected misuse to hello@mabrooktrack.com. We may decline unlawful or prohibited uses.
6. Your responsibilities
You must comply with applicable law and platform terms, maintain accurate integration settings and obtain and record the lawful basis and any required consent for collection, tracking and each advertising recipient. As controller, you provide shopper notices, connect your consent tool, select lawful settings and handle rights requests with our DPA assistance.
Never submit children's or sensitive personal data. Stores directed at children or involving sensitive products require a separate written schedule before data is received, specifying controls that exclude prohibited data; it does not permit that data. Declare government, financial, health, critical-infrastructure or data-residency requirements before onboarding. We may require separate terms or decline the use.
7. Prohibited use
Do not use the service unlawfully, deceptively or without required consent; infringe rights; bypass security, authentication or rate limits; reverse engineer except as law permits; resell or white-label without permission; or breach sanctions or trade laws.
8. Fees and renewal
| Topic | Rule |
|---|---|
| Pricing | Your Order Form fixes the plan, fees, currency, term and limits for that term. Later pricing-page edits do not change it. |
| Renewal | Monthly plans renew monthly; annual plans yearly. Either party may cancel by email or dashboard at least 7 days before monthly renewal or 30 days before annual renewal. Access ends at the term's end. |
| Trials | End on the stated date; no paid conversion without your express confirmation. |
| Usage | Tracked events per month, shown in the dashboard. We notify you of excess usage; overages require prior Order Form agreement or your written approval. |
| Payment | Invoices due in 14 days. Applicable taxes are additional. We cooperate on withholding-tax documentation. |
| Late payment | No interest. An undisputed invoice unpaid 14 days after a written reminder may lead to proportionate suspension. Only lawful, reasonable, documented collection costs are recoverable. |
| Renewal prices | At least 30 days' notice before renewal. |
Prepaid fees are otherwise non-refundable, but pro-rata refunds apply where these Terms, the DPA or law provide, including our uncured material breach, our convenience termination, material feature discontinuation and an unresolved subprocessor objection.
9. Ownership
We own the software and documentation and give you a non-exclusive, non-transferable right to use them for your business during the subscription. You own Customer Data and grant only the rights needed to provide the service under these Terms and the DPA.
We may use feedback except Customer Data or confidential information within it. Service-wide statistics require documented anonymisation so they identify neither individuals nor your business. We do not use Customer Data for individual benchmarking, audiences or model training.
10. Data protection
The DPA is part of this agreement and governs processing on your behalf. Our Privacy Notice describes our own controller activities; it does not amend the contract.
11. Confidentiality
Each party protects the other's non-public information with reasonable care, uses it only for this agreement and shares it only with people needing access under equivalent confidentiality duties. These duties last three years after termination, indefinitely for trade secrets, and as long as personal data is processed or retained. Legally required disclosure is permitted with prior notice where lawful.
12. Availability and credits
We target 99.5% monthly availability, separately for ingestion endpoints and the dashboard. Automated checks run at least hourly. Downtime runs from the first failed check to the next successful check; confirmed customer-reported outages also count. Records are available on request.
Availability = (monthly minutes − excluded minutes − downtime) ÷ (monthly minutes − excluded minutes). Exclusions are maintenance announced 48 hours ahead, limited to four hours per month, and qualifying force majeure.
| Lower availability of the two components | Credit against that month's fees |
|---|---|
| Below 99.5%, but at least 99.0% | 5% |
| Below 99.0%, but at least 95.0% | 10% |
| Below 95.0% | 25% |
Credits do not stack; the maximum is 25% per month. Request by email within 30 days after month-end. We credit the next invoice or refund at termination. Availability below 99.0% in three consecutive months allows immediate termination and a pro-rata refund.
Platform delivery is separate from availability; we investigate reported delivery failures. Credits remedy unavailability only and do not limit security, confidentiality, data-protection or non-waivable remedies.
13. Service warranty
We provide the service with reasonable skill and care, substantially as documented. We repair or re-perform a nonconforming part within a reasonable time; if unable, you may end the affected subscription for a pro-rata refund. Otherwise, to the extent lawful, the service is available as provided without a promised business outcome, ROAS or attribution result.
14. Liability
Neither party is liable for indirect or consequential loss, or lost profit, revenue or goodwill, except for fraud, wilful misconduct or where exclusion is unlawful.
Each party's aggregate liability under these Terms and the DPA is capped at fees paid and payable in the 12 months before the event causing the first claim (General Cap). DPA, data-protection and confidentiality claims have a cap of twice that amount (Data Cap). The Data Cap replaces the General Cap for those claims; all claims together cannot exceed the Data Cap and no loss is recovered twice.
During free trials/demos with no fees paid, our caps are AED 1,000 for general claims and AED 10,000 for DPA, data-protection and confidentiality claims. These replace the corresponding fee-based caps; the same combined-cap and no-double-recovery rules apply.
Caps do not limit fraud, wilful misconduct, your fee-payment obligations or non-limitable liability. IP indemnities count towards the General Cap; data-protection indemnities towards the Data Cap. Nothing limits data-subject rights, regulator powers or mandatory transfer-instrument remedies.
15. Third-party claims
You indemnify us against third-party claims and legally recoverable regulatory fines caused by your failure to provide required notices/consents, submission of prohibited data or prohibited use. This excludes harm caused by our breach, negligence or processing outside your instructions.
We indemnify you against claims that authorised use infringes UAE- or Saudi-enforceable intellectual property, and claims or legally recoverable fines caused by our processing contrary to the DPA or your lawful instructions. The IP protection excludes Customer Data, third-party modifications and combinations with items we did not supply. We may resolve an IP issue by modification, replacement, licence or termination of the affected subscription with a pro-rata refund.
The protected party must promptly notify the claim, allow defence control and cooperate at the defending party's cost. Settlement cannot impose an admission or non-monetary obligation without written consent. Neither party's direct regulatory duties or dealings are restricted.
16. Suspension and termination
These Terms run from acceptance until subscriptions and exit steps end. Either party may terminate for insolvency or a material breach unremedied 30 days after written notice. Ordinary cancellation follows Section 8; we may also terminate for convenience on 60 days' notice with a pro-rata refund.
We may suspend only the affected service, to the extent necessary, for legal requirements, security or serious harm risks, prohibited use, or overdue payment under Section 8. We give notice where safe and lawful, preserve export access where safe and restore service promptly when the cause is resolved.
17. Export and exit
Request your free CSV/JSON export within 14 days of termination; we deliver reports, orders and attribution data within seven days of the request. Extra migration work requires agreed rates. Personal data leaves live systems within 30 days of termination and backups within 30 days after live deletion, under DPA Clause 12. Deletion confirmation and executed agreements remain available on request.
18. Events outside our control
Neither party is liable for delay/failure beyond its reasonable control, such as disasters, war, government action, widespread internet/cloud outages or attacks not caused by its negligence. It must notify and mitigate. This does not excuse payment or DPA security duties. After 30 days of such an event, either party may terminate the affected subscription with a pro-rata refund.
19. Changes
Material changes receive at least 30 days' email notice and apply at the next renewal or earlier dashboard re-acceptance; legally required changes may apply sooner. You may reject a material change by terminating before it applies, with a pro-rata refund. DPA amendments and subprocessor changes follow the DPA; updating the Privacy Notice does not amend these Terms.
20. Law and disputes
UAE law as applied in Dubai governs. Senior representatives first try to resolve disputes for 30 days after written notice. The parties expressly opt into the exclusive jurisdiction of the DIFC Courts under Article 14(B) of Dubai Law No. 2 of 2025; urgent interim relief may be sought in any competent court.
Mandatory transfer instruments, including Saudi clauses, retain their own law and forum for matters they govern. Mandatory consumer/data-protection law, regulator powers and individual rights remain unaffected. Choosing DIFC Courts does not itself apply DIFC data-protection law.
21. General
Priority is: mandatory transfer instruments for their transfers; the DPA for personal-data processing; the Order Form for its commercial terms; then these Terms. Separate agency engagements govern agency services; their use of MabrookTrack remains subject to the DPA.
Notices go to your account email or to hello@mabrooktrack.com, copied to privacy@mabrooktrack.com for legal/privacy matters, or our registered address. Neither party assigns without consent except to a business successor with notice.
These Terms, the DPA and Order Form form the entire service agreement. An invalid term is replaced by the closest lawful equivalent; non-enforcement is not waiver. The parties are independent contractors. Non-waivable rights remain intact.
Electronic acceptance is intended as a signature under UAE Federal Decree-Law 46 of 2021 and the Saudi Electronic Transactions Law. Either party may request re-execution through an advanced/qualified signature service. English prevails over translations to the extent law permits, subject to mandatory transfer-instrument language rules.