Terms of Service
Effective Date: April 9, 2026
These Terms of Service ("Terms") govern access to and use of the ITOC360 platform and related services (collectively, the "Service") provided by ITserv Technology FZE ("Company," "we," "us," or "our").
ITOC360 is a SaaS product developed and provided by ITserv Technology FZE, delivering an AI-First Incident Orchestration platform for modern IT operations teams.
By accessing or using the Service, or by executing an order form, proposal, subscription agreement, or other commercial document that references these Terms (each, an "Order Form"), you or the entity you represent ("Customer") agree to be bound by these Terms. If you accept these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.
1. Scope of Service
ITOC360 is a software-as-a-service platform designed to support modern IT operations, including incident orchestration, on-call management, alert routing, escalation workflows, integrations, automation, reporting, and monitoring and observability-related processes.
The features and functionality made available to Customer may vary depending on the applicable subscription plan, purchased modules, and agreed commercial scope.
2. Eligibility and Authority
Customer may use the Service only in compliance with these Terms and all applicable laws and regulations. Customer is responsible for ensuring that all individuals accessing the Service on its behalf are duly authorized to do so.
3. Access Rights
Subject to these Terms and the applicable Order Form, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service solely for Customer's internal business purposes.
Customer shall be responsible for all acts and omissions of its employees, contractors, representatives, and other authorized users who access the Service through Customer's account.
4. Account Security
Customer is responsible for maintaining the confidentiality of login credentials, access methods, and account permissions. Customer shall promptly notify Company of any actual or suspected unauthorized access, misuse, or security incident relating to its account.
Company will not be liable for losses arising from unauthorized use of Customer credentials except to the extent caused directly by Company's breach of these Terms.
5. Acceptable Use
Customer shall not, and shall not permit any third party to:
- access or use the Service in violation of applicable laws or regulations;
- copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying technology of the Service, except where expressly permitted by applicable law;
- interfere with or disrupt the integrity, security, operation, or performance of the Service;
- upload, transmit, or introduce any malicious code, malware, or harmful material;
- use the Service to create, develop, support, or benchmark a competing product or service;
- attempt to gain unauthorized access to the Service or related systems or networks; or
- use the Service in a manner that infringes the rights of Company or any third party.
Company may suspend access to the Service immediately if Customer's use of the Service violates this Section or creates a material legal, security, or operational risk.
6. Customer Data
As between the parties, Customer retains all right, title, and interest in and to any data, content, logs, alerts, configurations, files, records, contact details, or other information submitted to or processed through the Service by or on behalf of Customer ("Customer Data").
Customer grants Company a limited, non-exclusive right to host, store, process, transmit, display, copy, and otherwise use Customer Data solely as necessary to provide, operate, maintain, secure, support, and improve the Service and to fulfill Company's obligations under these Terms.
Customer represents and warrants that it has all necessary rights, permissions, and lawful authority to provide Customer Data to Company and to permit Company to process such data in connection with the Service.
7. Data Protection
To the extent Company processes personal data on behalf of Customer in connection with the Service, Customer remains responsible for determining the legal basis and lawfulness of such processing and for complying with its own applicable data protection obligations.
Company will implement reasonable technical and organizational measures designed to protect personal data and Customer Data against unauthorized access, disclosure, alteration, or destruction.
Where required by applicable law or agreed between the parties, the parties may enter into a separate Data Processing Addendum ("DPA"), which shall govern the processing of personal data to the extent applicable.
8. Third-Party Services and Integrations
The Service may interoperate with or integrate with third-party platforms, cloud providers, communication tools, APIs, observability systems, ticketing tools, or other external services.
Customer is responsible for obtaining any necessary rights, licenses, subscriptions, and permissions related to such third-party services.
Company does not control and is not responsible for third-party services, including their availability, performance, security, or data handling practices. Use of third-party services is subject to the terms and policies of the relevant third party.
9. Fees and Payment
Customer shall pay all fees set out in the applicable Order Form in accordance with the agreed payment terms.
Unless otherwise expressly stated in writing:
- all fees are stated exclusive of taxes, duties, levies, and similar governmental charges;
- Customer is responsible for all applicable taxes other than taxes based on Company's net income;
- fees are non-cancelable and non-refundable; and
- Company may suspend access to the Service for non-payment of undisputed fees following prior notice and a reasonable cure period.
10. Availability, Maintenance, and Support
Company will use commercially reasonable efforts to make the Service available to Customer. However, Customer acknowledges that the Service may be unavailable from time to time due to scheduled maintenance, emergency maintenance, upgrades, third-party outages, internet disruptions, force majeure events, or other causes beyond Company's reasonable control.
Unless expressly agreed otherwise in writing, Company does not guarantee uninterrupted or error-free operation of the Service.
Any service levels, uptime commitments, support hours, response times, or service credits shall apply only if expressly set out in an Order Form, service level agreement, or separate support policy.
11. Intellectual Property Rights
Company and its licensors retain all right, title, and interest in and to the Service, including all software, interfaces, workflows, designs, documentation, know-how, trademarks, logos, technology, and related intellectual property rights.
Except for the limited rights expressly granted under these Terms, no rights are granted to Customer, whether by implication, estoppel, or otherwise.
If Customer provides suggestions, ideas, enhancement requests, recommendations, or feedback regarding the Service, Company may use and exploit such feedback without restriction or obligation.
12. Confidentiality
Each party may receive non-public, confidential, proprietary, technical, commercial, or business information of the other party ("Confidential Information"). The receiving party shall:
- use the Confidential Information only as necessary to perform or receive the benefit of these Terms;
- protect the Confidential Information using reasonable care and no less than the care it uses to protect its own similar information; and
- not disclose such Confidential Information to any third party except to employees, contractors, advisors, or affiliates who have a need to know and are bound by appropriate confidentiality obligations.
Confidential Information does not include information that:
- is or becomes publicly available without breach of these Terms;
- was lawfully known to the receiving party without restriction;
- is lawfully obtained from a third party without restriction; or
- is independently developed without use of the disclosing party's Confidential Information.
13. Term and Termination
These Terms shall remain in effect for so long as Customer accesses or uses the Service or while any Order Form remains in effect.
Either party may terminate these Terms or an applicable Order Form upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice.
Company may suspend or terminate access to the Service immediately if Customer materially violates these Terms or if Customer's use of the Service creates a material legal, security, or operational risk.
14. Effect of Termination
Upon expiration or termination of these Terms or any applicable Order Form:
- Customer's right to access and use the Service shall immediately cease;
- Customer shall stop all use of the Service; and
- Company may delete or anonymize Customer Data after a commercially reasonable retention period, unless retention is required by law or otherwise agreed in writing.
Any provisions which by their nature should survive termination shall survive, including provisions relating to intellectual property, confidentiality, disclaimers, liability, payment obligations accrued prior to termination, governing law, and dispute resolution.
15. Warranties and Disclaimers
Each party represents that it has the legal authority to enter into these Terms.
Except as expressly stated in these Terms, the Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Company disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.
Customer acknowledges that the effectiveness and outcomes of the Service may depend on Customer's internal systems, third-party tools, integrations, configurations, data quality, operational workflows, and response processes.
16. Limitation of Liability
To the maximum extent permitted by applicable law:
- Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, business opportunities, or data, arising out of or related to these Terms or the Service; and
- Company's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the total fees paid by Customer to Company under the applicable Order Form during the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms shall exclude or limit liability to the extent such liability cannot be excluded or limited under applicable law.
17. Compliance with Laws
Each party shall comply with the laws and regulations applicable to its own activities under these Terms.
Customer is solely responsible for determining whether the Service is appropriate for its internal legal, regulatory, operational, or compliance requirements, including with respect to data protection, recordkeeping, monitoring, communications, and sector-specific obligations.
Company does not provide legal, regulatory, or compliance advice.
18. Publicity
Unless Customer objects in writing, Company may identify Customer as a customer of the Service by using Customer's name and logo in general customer lists and marketing materials. Any case study, testimonial, press release, or more detailed public reference shall require Customer's prior written consent.
19. Modifications
Company may modify these Terms from time to time. Any updated version will become effective upon posting on the website or upon other reasonable notice to Customer. Customer's continued use of the Service after the effective date of the revised Terms constitutes acceptance of the revised Terms.
20. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates, without regard to conflict of laws principles.
The courts of Dubai, United Arab Emirates shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
21. Miscellaneous
These Terms, together with any applicable Order Form, DPA, service level agreement, and any other document expressly incorporated by reference, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous understandings relating to the same subject matter.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that provision.
Customer may not assign or transfer these Terms without Company's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of Customer's assets. Company may assign these Terms in connection with a merger, reorganization, acquisition, sale of assets, or to an affiliate.
Neither party shall be liable for delay or failure to perform due to causes beyond its reasonable control, including force majeure events, internet failures, utility outages, cyberattacks by third parties, labor disputes, natural disasters, acts of government, or widespread infrastructure failures.
22. Contact
For legal notices or questions regarding these Terms, please contact:
ITserv Technology FZE
Starcamp Global FZE, DWTC The Offices One, Office Number 01.03L – Dubai, UAE