These Terms of Service ("Terms") govern your access to and use of the Mark service, website and related software (the "Service"), operated by BERKANA INFORMATION TECHNOLOGY CONSULTANTS L.L.C ("Company", "we", "us"), Office 13F-A-06, Business Bay, Dubai, United Arab Emirates. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Mark is a business-to-business managed sales service delivered as software plus human support. We operate your inbound sales desk: qualifying enquiries, responding to prospective buyers in multiple languages, and booking qualified calls and viewings onto your team's calendar. The Service is intended for property developers and their sales teams. Customers pay only for operational activity actually delivered — no physical goods are sold or shipped, so no returns or shipping arrangements apply.
The Service is intended for businesses and professional users. You must be at least 18 years old and authorised to enter into these Terms on behalf of the organisation you represent. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorised use.
The Service is billed after delivery based on measured operational activity. The applicable activity types, rates and billing thresholds are agreed with you in writing before service begins. By providing a payment method, you authorise us and our payment processor to charge amounts invoiced for operational activity actually delivered.
Payments are processed by our third-party payment provider. We do not store full card details. Your use of the payment provider's services is also subject to that provider's own terms and privacy policy.
You may cancel the Service at any time, with no cancellation fee, by emailing us. We will confirm the effective cancellation date in writing. Cancellation stops new operational activity after that date; charges for activity delivered before cancellation remain payable. Full cancellation and refund terms, including how to request a refund and how long it takes, are set out in our Refund & Cancellation Policy, which forms part of these Terms.
You can reach us at any time at [email protected]. We aim to acknowledge all enquiries within one business day and to resolve billing questions within five business days. Support is provided in English.
You agree not to:
You retain all rights in the data you submit to the Service. You grant us a limited licence to host, process and transmit that data solely to provide and support the Service. We process personal data in accordance with our Privacy Policy. You are responsible for ensuring you have a lawful basis to share any personal data of third parties with us.
The Service, including all software, text, design and trademarks, is owned by the Company or its licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service while we provide it to you, and no other rights.
We aim to keep the Service available at all times but do not guarantee uninterrupted operation. We may perform maintenance, update features, or modify parts of the Service. Where a change materially reduces core functionality, we will give reasonable notice.
The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability and non-infringement. We do not warrant any particular sales result, lead volume or revenue outcome.
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total aggregate liability arising out of or relating to the Service shall not exceed the amounts paid by you to us in the twelve (12) months preceding the event giving rise to the claim.
We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that creates legal or security risk. You may stop using and cancel the Service at any time by emailing us. Provisions that by their nature should survive termination will survive.
We may update these Terms from time to time. We will post the updated version with a revised "Last updated" date and, for material changes, provide reasonable advance notice. Continued use of the Service after the effective date constitutes acceptance.
These Terms are governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai. The courts of Dubai shall have exclusive jurisdiction over any dispute, without prejudice to any mandatory consumer rights you may have in your country of residence.