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Terms of sale

Terms of sale


The General Conditions of Sale described below detail the rights and obligations of iProfit FZCO (myDev) and its Client related to the sale of its services.

Any service rendered by myDev therefore implies the Client’s unreserved acceptance of these general conditions of sale.

Article 1 - Principles

These general conditions of sale concern the services provided between professionals (myDev / Client), jointly referred to as “the parties”.
These general conditions of sale express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the Client is deemed to accept them implicitly.
These general conditions of sale prevail over any other document, and in particular over all the general conditions of purchase. They apply, without restriction or implicitly, to all the services rendered by myDev to the clients of the same category.
myDev and the Client agree that these terms and conditions exclusively govern their relationship. myDev reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are put online.
If the condition of rendering services were to be lacking, it would be considered to be governed by the effective practices in the e-commerce sector whose companies have their headquarters in the United Arab Emirates.
These general conditions of sale are communicated to any Client who requests them but are also posted on the website of myDev with free access, in order to allow to place an order.
myDev reserves the right to derogate from certain clauses of these conditions, depending on the negotiations carried out with the Client, by establishing specific conditions of sale.
myDev may also establish categorical general conditions of sale, derogating from these general conditions of sale, depending on the type of the client considered, according to the criteria which will remain objective. The Clients meeting these criteria will then be subject to these categorical general conditions of sale.
These general conditions of sale are applicable until december 31, 2024.

Article 2 – Subject-matter

The purpose of these general terms and conditions is to define the rights and obligations of the parties related to the online sale of the services offered by myDev to Clients. They concern the following services: personalized e-commerce site, including hosting and domain name, distributed on the Internet and in the form of Android & iOS Mobile Applications, their publication on Google Play and App store as well as the management interface to manage the whole.
These conditions concern only the services rendered in the United Arab Emirates for the clients located at the territory of United Arab Emirates. For any service rendered outside United Arab Emirates, or for the client located outside United Arab Emirates, it should be reported to obtain a specific quote and the conditions specific to the country concerned.

Article 3 – Order

The Client places his order online, from the online catalog and using the form that will be sent prior to registration on the Stripe payment platform.
For the order to be validated, the Client must accept, by clicking on the place indicated on the subscription page, these general conditions of sale. Its acceptance will result in the sending of a confirmation email from myDev, in accordance with the conditions described below.
Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, including non-payment, incorrect address or any other problem on the Client’s account, myDev reserves the right to block the Client’s order until the problem is resolved.
If it is impossible to render the service, the Client will be informed by e-mail.
The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final.
Once the Client has been hired and the work efforts have been made, it is no longer possible for the Client to leave. However, the Client may terminate its services by referring to Article: Termination, of this document.
For any question relating to the follow-up of an order, the Client must contact customer service by e-mail at the following address: [email protected]

Article 4 – Electronic signature

The online provision of the Client’s bank details and the final validation of the order will be the proof of the Client’s agreement and will be worth:

  • payment of the sums due under the purchase order;
  • signature and express acceptance of all the transactions carried out.

In case of fraudulent use of bank details, the Client is invited, as soon as this use is observed, to contact [email protected]

Article 5 – Order Confirmation

The contractual information will be confirmed by e-mail no later than the start of rendering the services, to the address indicated by the Client in the order form.

Article 6 – Proof of transaction

The computerized registers, kept in the computer systems of myDev under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable media that can be produced as proof.

Article 7 – Data on services

The services governed by these general conditions are those which appear on the website of myDev and which are indicated as carried out by myDev or under its control. They are offered within the limits of the availability of myDev.

The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, myDev cannot be held liable.

Article 8 – Financial conditions

8.1 Applicable rates
The rates of the services offered by myDev are expressed in AED and excluding taxes if applicable.

8.2 Minimum period of commitment and renewal
The Contract is concluded for an indefinite period, myDev solution being subject to a minimum period of commitment defined by default at twelve (12) months. At the end of this period, the contract will be implicitly renewed for a new period of 12 (months) but will remain terminable according to the terms of Article 16 hereto.
Unless specifically provided for in the Contract, the minimum commitment period and the invoicing of a service will take effect from its commissioning.

8.3 VAT
5% VAT is applicable for the clients registered in the United Arab Emirates.

8.4 Invoice
Invoices will be issued corresponding to the services rendered. Unless otherwise agreed, invoices are issued automatically after confirmation of payment. Payment against the invoice is due upon receipt.
myDev will send invoices in electronic format. The client is responsible for keeping his invoices. myDev is committed to an environmental protection approach, the invoices requested by the Client in paper format may be invoiced hereto.
Any questions regarding invoicing should be emailed to: [email protected]

8.5 Fee for delays
Any delay in payment will result in the immediate payment of all the sums due to myDev by the Client, without prejudice to any other action that myDev would be entitled to bring, in this respect, against the Client.
Besides, myDev will invoice late penalties of 5% of the amount excluding tax of the invoice remaining unpaid, on the following invoice; Finally, the late debtor will be required to pay myDev a lump sum compensation for recovery costs of one hundred sixty (160) AED; moreover, myDev will be entitled to suspend rendering the services until full payment of the unpaid invoice without this non-rendering being considered related thereto.

8.6 Change of rates
myDev may change its prices at any time. The new rates will not apply retroactively. If you do not agree with the changes or modification of the rates, you have the right to reject the change or modification by canceling the applicable paid service before the due date of your next payment.

Article 9 – Modes and details of payment

9.1 Regulation
The order is paid via the payment platform found on the website of myDev. The Client must enter his bank details in the space provided. myDev reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in case of non-payment. myDev has engaged external service providers who provide payment gateways on the website. The payment gateway has not necessarily been screened or reviewed by myDev and myDev is neither responsible for the privacy practices or the content of such payment gateway nor shall it be liable for any inaccurate, inappropriate or any information appearing on this payment gateway. The said payment gateway may contain cookies. Although myDev uses cookies in other parts of the website, cookies received with the payment gateway are/may be collected by this service provider and myDev does not have access to this information.
These Terms and Conditions do not concern, and we are not responsible for, the privacy, information use, collection, storage or transfer or other practices of any third parties, including, but not limited thereto, the payment gateway to which myDev refers. The inclusion of a link on myDev does not imply our endorsement of the linked application or service.
Please note that myDev is not responsible for the collection, use and disclosure policies and practices (including data security practices) of any third party.
It will be presumed that payment is made from users/clients bank account/credit card/debit card through the payment gateway and not from the third party account and once payment is made, myDev will not be obliged to reimburse the payment made by the user/client, for whatever reason. The payment and other terms of this payment gateway must be read and understood by the user/client before starting any transaction with myDev. Please note that the moment the Client opts for the Payment Gateway Services, the Client will be transferred to the Payment Gateway Service Provider’s application/website and myDev will not be responsible for any activities/transactions entered into between the client and the payment gateway service provider.
myDev notably reserves the right to refuse to make a delivery or to carry out an order from a Client who has not fully or partially paid the previous order or with whom a payment dispute is in progress. myDev has implemented an order verification procedure to ensure that no one is using another person’s bank details without their knowledge. As part of this verification, the Client may be asked to send, by e-mail, to myDev a copy of a business license, an identity document and proof of address. The order will then only be validated after receipt and verification by myDev of the documents sent.

9.2 Payment terms
The price is payable in full and in a single payment, upon receipt. This period will be mentioned on the invoice sent to the Client.

Article 10 – Additional rules governing users´e-commerce services via myDev solutions

10.1 Responsibilities
You acknowledge and agree to provide public contact information, a refund policy, and order processing times in your myDev Store.

With this in mind myDev has indeed developed specific tools to help its users create and conduct e-commerce activities using some of the myDev products, including but not limited to selling products and collecting generates sales through integrated third-party solutions, including but not limited to Stripe and any offline payment methods.

It is understood and agreed that the use of such third party to process payments for e-commerce activities will establish the contractual relationship between the users and such third party payment and processing services of the platforms, and the user declares and hereby warrants that it complies with all the terms and conditions governing such relationship.

Thus, myDev also reminds its users that for any e-commerce activity, you acknowledge and accept that the Services do not constitute a marketplace, and that any sales contract entered into through the Services is directly binding both on your client and you. You are the registered seller of all the items you sell through the Services. You are responsible for the operation of your myDev Store, your Materials, the goods and services that you may sell through the Services, but also for all transactional aspects between your clients and you. This includes, but is not limited to, client payment authorizations as part of their purchase, refunds, returns, provision of any client or business services, fraudulent transactions, mandatory legal communications, compliance with regulations, actual or perceived violations of applicable law (including, consumer protection laws in any jurisdictions where you sell products or services) and your violations of these Terms of Service. You represent and warrant that your Store, Materials, and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or third party rights. For the avoidance of doubt, myDev will not be the official seller or merchant, and will not be responsible for your Store or any items you sell to your clients through the Services.

You are fully responsible for any goods or services you offer for sale through the Services (including description, price, fees, taxes you calculate, defects, mandatory legal communications, compliance with offers or promotional content), in particular with regard to compliance with the applicable laws or regulations.

You cannot use myDev Services for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including copyright laws), laws that apply to you in your client’s jurisdiction. You will comply with all the applicable laws, rules and regulations (including but not limited to obtaining any permission or license you may have or may be required to operate your store, and compliance with associated requirements) during your use of a Service and fulfilment of your obligations under the Terms of Service.

10.2 Fulfillment of e-commerce related orders
The users remain solely and entirely responsible for the performance and delivery of their products, goods and services to their End Clients in accordance with the local laws and regulations, and myDev assumes no liability or obligation of any kind either in this regard.

10.3 Claims
The users are solely and entirely responsible for any claims or warranties made in connection with their e-commerce operations and for any claims made by end users against them. This includes, but is not limited to, any claims regarding product compliance, refunds, discounts, product defect or malfunction, delivery issues, latent defect, data privacy policy, data processing agreement, personal data, cookie policy or any other type of questions regarding the relationship between users and the End Client.

The users are solely and entirely responsible for handling any e-commerce related customer service or End User complaints related to their e-commerce, including, but not limited to, any issues related to payments, promotions, discounts and refunds or credit card reimbursement. E-commerce users agree to provide complete and accurate contact/identity information on their Site and/or application or sites to facilitate the direct provision of feedback or, as applicable, complaints by their End users.

10.4 Rules and regulations regarding taxes related to e-commerce
As a service provider, myDev does not provide tax, financial or legal advice to its users or End Clients, and no information provided by myDev should be construed as such. Users are solely responsible:

  • taxes and fees associated with their e-commerce, including, but not limited to, taxes related to the purchase or sale of products, goods or e-commerce related products or services;
  • collect, declare and remit the required taxes to the government or to the relevant tax authorities and entities;
  • inform their End Users of required or mandatory taxes, and provide them with invoices and tax documents due, as required by applicable laws and regulations; and more generally
  • implementing, respecting and enforcing all the necessary rules dictated by the applicable regulations or law.

myDev also disclaims any responsibility for any tax estimates, reports or related documents or information that myDev may provide through its solutions and services; it being understood that the said information must be considered “for information only” or “for information”; therefore, as the case may be, no User will be able to rely solely on them to comply with its tax obligations or any other obligation. The indications are given “as is”, “as available” and without any guarantee on the part of myDev. Therefore, myDev will not provide any assistance or advice to the user or End Clients to fulfill their legal obligations, tax assessment, tax collection, tax declaration or any other type of tax or commercial matter; in fact, myDev will not be held responsible for any type of tax adjustment, tax declaration, tax matter or tax legal action or financial problems in progress between the User and the End Client or between, but without limited to local, national, federal authorities, tax authorities and the User and/or End Client.

Article 11 – myDev best practices and mandatory guidelines for mobile websites and apps

That is why we ask that the following guidelines and commitments be adhered to at all times and under all circumstances:
You must not create any unauthorized or illegal commercial Website and/or application (such as, but not limited to, spam) with the myDev solutions;
You must not create any Site and/or application which content may defame, stalk, intimidate, abuse, harass, threaten, impersonate or intimidate any person or entity and you must not use content using confidential information or information, content or data obtained or held unlawfully;
You will not create any myDev Site and/or application to display violent, nude, part-nude, discriminatory, illegal, infringing, hateful, pornographic, child molesting or sexually suggestive photos, videos or any other similar content;
You must not create myDev Site and/or application to disseminate any kind of propaganda, false rumors on any subject or fake news, governmental/institutional messages or political messages directly or indirectly related to war, war crimes, armed conflict, conflict, politics, religion, ethics, terrorism or related to any international or private organization. This includes any type of information or message that may intimidate, influence or corrupt the minds or behavior of people in any way or circumstance;
You must not create any Site and/or application offering content related to alcohol, dating or other adult content (including advertisements) as well as any other content contrary to morals and the effective legislation in the United Arab Emirates, where iProfit FZCO (myDev), the company that publishes this solution, is based;
You must not use myDev to do anything illegal, deceptive, malicious or discriminatory and you must not use our services for any illegal or unauthorized purpose, including but not limited to any matters related drugs or illegal product;
You agree to comply with all the laws, rules and regulations (federal, state, local and provincial, national or any applicable regulations such as European regulations (if applicable to you), but not limited to); myDev will keep a copy of such illegal content as evidence in case of legal action, in order to preserve its own rights or the rights of the third parties.

Article 12 – Response time

Except in cases of force majeure or during closing periods clearly announced on the home page of the website, the response times will be, within the limits of the availability of myDev, those indicated below. The execution times run from the date of registration of the order indicated on the order confirmation email.
Rendering the Service subscribed by the Client starts upon receipt of the first payment by myDev subject to validation of the project by the Client. The indicative delivery time for a project is three (3) weeks for the website part and three (3) weeks or more for the application depending on the publication times on the App Store or the Google Play store.

In case of delay, myDev cannot be held liable for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, may be claimed by the Client.

In case of unavailability of myDev to carry out the service, the Client will be informed as soon as possible and will have the possibility of canceling his order. The Client will then have the possibility of requesting the reimbursement of the sums paid within 30 days at the latest of their payment.

Article 13 – Modes of implementation

The implementation is started only after confirmation of the payment by the banking establishment of myDev.
It is provided within the time specified on the order form, from the receipt by myDev of the order form.
In case of non-compliance with the payment conditions listed above, myDev may suspend or cancel the service.
La fin de la prestation donnera lieu à un document de parachèvement. The end of the service will give rise to a completion document. The Client must indicate on this document and in the form of handwritten reservations accompanied by his signature any anomaly concerning the service or the conditions of its implementation.
This verification is considered to have been carried out once the Client, or a person authorized by him, has signed the completion document.

In case that the Client chooses the Serenity and/or Design Packs, a logo, a color palette and a complete font are produced by myDev with the maximum of three (3) return trips between myDev teams and the client. The texts, the choice of images and the formatting of the website are carried out by myDev.

Drafting as well as integration of the general conditions of sale, general conditions of use, privacy policy, personalized legal disclaimer as well as the addition of products on the Client website are paid services that myDev offers and can produce after validation of the proposed estimate and its full payment.

The purchase of a domain name by the Client is necessary for the commissioning of myDev solution. The cost of the domain name is covered by myDev company up to the maximum of forty (40) AED. In case that the cost is greater than forty (40) AED, the remaining amount will be borne by the client. In case the Client is in possession of a domain name, he must either make it available to myDev by sharing his accesses or by creating a new user so that myDev can access it and configure the online Client website.

Article 14 – Obligations of myDev

The obligations of myDev constitute an obligation of means at the end of which the services will be rendered in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, myDev will assign to rendering the services professionals with the skills required to ensure their performance in accordance with its quality standards.

Article 15 – Obligations of Client

In order to facilitate the proper rendering of the services, the Client undertakes:

  • to provide myDev with complete, accurate and timely information and documents without being required to verify their completeness or accuracy;
  • to take timely decisions and to obtain the necessary hierarchical approvals;
  • to appoint a correspondent with decision-making power;
  • to ensure that the key contacts and the correspondent are available throughout the rendering of the services;
  • to notify myDev directly of any possible difficulty relating to the rendering of the services.
Article 16 – Termination

Under penalty of unenforceability of the termination, each Party undertakes to comply with the formalism provided for below. Unless otherwise stipulated, the termination notice to be respected by the parties is three (3) months beyond the non-cancellable subscription year and is calculated from the receipt of the solution. The client acknowledges that he can no longer change a service after having requested its termination. The termination of the Contract, for any reason whatsoever, results in the forfeiture of the term of all the sums due and their immediate payment.
In case of a breach by a Party of one of its essential obligations under the Contract, the other Party may give it formal notice to remedy it within thirty (30) days of receipt with acknowledgment of receipt. In the absence of improvement within this period, the Contract may be terminated automatically by an e-mail with acknowledgment of receipt.
In case of termination of the Main Service, all the associated Additional Services will be terminated automatically, without prejudice to the rules relating to Minimum Commitment Periods.
Service termination before the expiration of its Minimum Commitment Period will immediately make payable the amounts due for the period which has not been completed, the said amounts losing the benefit of any discounts without prejudice to the sums likely to be claimed as damages.
All the monthly fees due for the period of less than a full calendar month will be calculated on the basis of one-thirtieth (1/30th).
The contract can only be terminated by application of the termination regime; it being understood that the termination will not give rise to restitution between the Parties.

Article 17 – Information and publicity

The Client acknowledges and accepts:

  • that the parties may, unless otherwise expressly requested by the other party, correspond or transfer documents by e-mail circulating on the Internet;
  • that none of the parties exercises control over the capacity, reliability, access or security of these emails;
  • that myDev shall not be liable for any loss, damage, expense or harm caused by the loss, delay, interception, misappropriation or alteration of any email caused by any fact. In general, the parties undertake to comply with the regulations applicable to the Personal Data Protection Law and in particular the provisions of the Federal Decree Law No. 45 of 2021, which constitutes an integrated framework to ensure the confidentiality of information and protect the privacy of individuals in the UAE. It provides a proper governance for data management and protection and defines the rights and duties of all parties concerned.

17.1 Confidential information
Each party agrees not to disclose confidential information received from the other party. Confidential information means information of any kind, visual or oral, on any media whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each of the parties. Subject to the exceptions referred to below, this obligation of confidentiality will take effect for the following period: 1 year after the end of the services. Confidential are also the content of the services as well as the reports, letters, information, notes, quotes provided by myDev during the provision of the services. These documents are communicated to the Client for strictly internal use and on the condition that they are not disclosed to the third parties or attached to any document that he would be called upon to produce. If the Client wishes all or part of these documents to be disclosed to/or used by the third party, he must request prior authorization from myDev in the written form. Terms and conditions applicable to this disclosure will then be set.

17.2 Exclusive information
The obligations and restrictions set out above do not apply:

  • the confidential information that belongs to the public domain, or was acquired freely before the commencement of the service;
  • are or become known other than as a result of a breach of this section;
  • are or become known through other sources not subject to disclosure restrictions;
  • or must be communicated by virtue of a legal or professional obligation or at the request of any judicial or regulatory authority authorized to require the disclosure of confidential information.

Subject to its confidentiality obligations, myDev reserves the right to render services for the companies competing with that of the Client.

Article 18 – Intellectual property

In case that one of the recommendations of myDev or the use of elements delivered following one of its recommendations involves the use of goods, models, drawings, photographs, etc. subject to intellectual property rights belonging to the third parties, myDev will inform the Client of the existence of these rights and the consequences of their use. It will then be up to the Client and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating on his own behalf the rights of use under conditions such that myDev is able to avail himself of them for service needs.
For the specific needs of the services, myDev may use or develop software, including spreadsheets, documents, databases and other computer tools.
In some cases, these aids may be made available to the Client and upon his request. In some cases, these aids may be made available to the Client and upon his request. Insofar as these tools have been developed specifically for the needs of myDev and without consideration of the Client’s own needs, they are made available to the Client for the duration of the contract as is and without any attached guarantee, except simple destination of use; they must not be distributed, shared or communicated to the third parties, whether in whole or in part. This temporary provision will not entail any transfer of rights or guarantee, whatever the title, for the benefit of the Client or that of the third party.
myDev reserves all right, title and interest in:

  • the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or other procedural acts, etc. made within the framework of the services, including without limitation, any copyright, registered trademark and any other intellectual property right relating thereto;
  • all the methods, processes, techniques, developments, and know-how incorporated or not in the services or that myDev may develop or provide as part of the services.

The Client may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by myDev and integrated into its work. The Client is prohibited from distributing, marketing, and more generally making available or granting the use of these same achievements and more generally not granting the use of these same elements to the third parties without the agreement of myDev.
Neither party may mention or use the name, denomination, trademarks and logos or other designations, commercial or otherwise, of the other party without the prior written consent of the latter. Notwithstanding the foregoing, myDev may use the name, denomination, trademarks and logos of the Client during the course of the contract to the extent that is strictly necessary for rendering the services, including in proposals for subsequent services. Furthermore, the Client authorizes myDev, at the end of rendering the services, to quote its name/denomination as a reference and to accompany this quote, if necessary, with a generic description of the services rendered.

Article 19 – Documents

myDev will retain the original documents delivered to it, and will return them to the Client, upon request. All the documents, data or information provided by the Client shall remain his property.
myDev will keep a copy of the only documents necessary for the constitution of its working files.
The working documents prepared within the framework of the services are the property of myDev and are covered by professional secrecy.

Article 20 – Independence

In case a conflict of interest or a problem of independence arises during the execution of the services, myDev will immediately inform the Client and will seek with him the solution best suited to the situation in compliance with the applicable rules. In particular, if a modification of the regulations or professional standards prohibits myDev from continuing its services, it will make available to the Client the result of the services as well as all documents necessary for their finalization, including its documents in the state, and this, in order to facilitate the prosecution by the third party.

Article 21 – Responsability of myDev

The full responsibility of myDev and that of its employees, relating to any failure, negligence or fault, noted during the execution of the services, will be capped at the amount paid for the services in question, in order to cover claims of any kind (interest and costs included), regardless of the number of actions, grounds invoked, or parties to the disputes.
This provision shall not apply to any liability for death or personal injury, or to any other liability which the law forbids to exclude or limit.
Responsibility of myDev can only be incurred in case of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.
Furthermore, myDev cannot be held liable in the following cases:

  • following a failure or deficiency in a product or service, the supply or delivery of which is not the responsibility of it or its possible subcontractors;
  • for facts and/or data which do not fall within the scope of the services, and/or which are not an extension thereof;
  • in case of use of the results of the services, for a purpose or in a context different from that in which it took place, of erroneous implementation of the recommendations or failure to take into account the provisions of myDev.

myDev is not liable for its insurers or for consequential damages, or for loss of profit or loss of opportunity or expected profits, or for the financial consequences of any actions brought by the third parties against the Client.

Article 22 – Warranty

myDev guarantees the Client against any lack of conformity of the services and any hidden defect resulting from a defect in the design or supply of the said services, excluding any negligence or fault on the part of the Client.
In any case, in the event that myDev is held liable, the myDev warranty will be limited to the amount excluding tax paid by the Client for rendering the services.

Article 23 – Assignability and subcontracting

myDev reserves the right to assign all or part of rendering the services to service providers meeting the same qualification requirements.
If the service requires special technical skills, myDev will inform the Client of the possibility of subcontracting part of it. The subcontractor will then act under the sole responsibility of myDev and will undertake to keep confidential all the information of which it becomes aware during the services.

Article 24 – Claims

All the claims, whether amicable or legal, relating to rendering the services must be made within one year of the end of rendering the service.

Article 25 – Right of withdrawal

The Client being a professional purchasing within the framework and for the needs of his profession, does not need to apply the right of withdrawal provided for by the Consumer Code.

Article 26 – Force majeure

All the circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All the irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as cases of force majeure. Expressly, they are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to the clients.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 27 – Partial invalidity

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

Article 28 – Non waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 29 – Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 30 – Personal rights protection

30.1 Data collection
The personal data collected on this website are as follows: opening an account : when creating the user’s account, his name; surname; email address; Phone Number; name of the company, full postal address of the company; the activity of the company, the acceptance of the GCS, the personal data policy and the GCU of myDev.
connection : when the user connects to myDev, the user saves, in particular, his connection, usage and location data;
profile : the use of the services provided on myDev makes it possible to enter a profile, which may include an e-mail address;
payment : as part of the payment for the products and services offered on myDev, Stripe records financial data relating to the user’s bank account or credit or debit card;
cookies : cookies are used as part of the use of the website. The user has the option of disabling cookies from their browser settings.

30.2 Use of personal data
The personal data collected from the users is intended to provide myDev services, improve them and maintain a secure environment. Specifically, the uses are as follows:

  • access and use of myDev by the user;
  • management of the operation and optimization of myDev;
  • organization of the conditions of use of the Payment Services;
  • verification, identification and authentication of the data transmitted by the user;
  • implementation of user assistance;
  • prevention and detection of fraud, malware (malicious software) and management of security incidents;
  • management of any disputes with users;

30.3 Transfer of personal data to the third parties
Personal data may be transferred to the third party companies in the following cases:

  • when the user applies the payment services, for the implementation of these services, myDev is in contact with third-party banking and financial companies with which it has entered into contracts;
  • when the user publishes, in the free comment areas of myDev, information accessible to the public;
  • when the user authorizes myDev of the third party to access his data;
  • when myDev uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
  • if required by law, myDev may transfer data to respond to claims against myDev and to comply with the administrative and legal procedures;
  • if myDev takes part in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to the third party.

30.4 Security and confidentiality
myDev implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, please note that the Internet is not a completely secure environment and myDev cannot guarantee the security of transferring or storage of the information over the Internet.

30.5 Implementation of user rights
When applying the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: [email protected]

  • The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, myDev may request proof of the user’s identity in order to verify its accuracy.
  • The right of rectification: if the personal data held by myDev is inaccurate, they can request that the information be updated.
  • The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
  • The right to limit processing: users can ask myDev to limit the processing of personal data in accordance with the assumptions provided by the GDPR.
  • The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • The right for transfer: they can request that myDev give them the personal data provided to them to transfer them to a new website.

30.6 Follow up of this clause
myDev reserves the right to make any changes to this clause relating to personal data protection at any time. If a modification is made to this personal data protection clause, myDev undertakes to publish the new version on its site. myDev will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

Article 31 – Applicable law

These general conditions are subject to the application of the United Arab Emirates law. They are written in English. In case they are translated into one or more languages, only the English text shall prevail in case of a dispute.
Before filing a claim against myDev, the Client agrees to attempt to resolve the dispute amicably by first emailing [email protected] with the detailed description of their claim or request. myDev will attempt to resolve the dispute informally by any means available to it and will respond to the complaint or request by email, telephone or other methods.
If myDev is unable to resolve the dispute within sixty (60) days of receipt of the first email or document, the clients may initiate formal legal proceedings. If they fail to do so, the parties will submit the dispute to the court in Dubai.