01 About MIXXIA

MIXXIA FOR GENERAL TRADING CO ("MIXXIA", "we", "us", "our") is a company incorporated and licensed in the State of Kuwait under Commercial Registration number 2020/13601, with its registered office at Office 111, Floor 1, Al Saud United Real Estate Building, Salem Al Mubarak Street, Block 9, Plot 188, Salmiya, Hawalli Governorate, State of Kuwait (PACI 14921273).

MIXXIA is a digital company that both (a) builds and operates its own portfolio of digital products and platforms, and (b) provides software, digital and artificial-intelligence solutions to business clients. This website, mixxia.com, is the corporate website of MIXXIA and the point of entry to the platforms we own and operate.

02 Acceptance of these Terms

By accessing mixxia.com, contacting us, requesting a proposal, or engaging MIXXIA for any service, you agree to be bound by these Terms. If you do not agree, please do not use this website or engage our services.

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" refers to that entity.

03 Definitions

• "Client" means any person or entity that engages MIXXIA for professional services.
• "Platform" means any digital product owned and operated by MIXXIA, including MIXXIA Events and IXXI, and any product added to our portfolio in future.
• "Services" means the professional services described in clause 04 and any services set out in an agreed proposal or statement of work.
• "Deliverables" means the software, designs, documentation and other materials produced by MIXXIA for a Client under an engagement.
• "Platform Terms" means the product-specific terms of use that govern an individual Platform.

04 Our services

MIXXIA provides business-to-business professional services, including:

• Software engineering — design, development, deployment and maintenance of web and mobile applications, backend systems, databases and cloud infrastructure.
• Digital and artificial-intelligence solutions — design and integration of digital systems and applied artificial-intelligence capabilities into a Client's products and operations.
• Strategic consultation — technology strategy, architecture and vendor review, roadmapping, executive workshops and team training.

Services are provided on a business-to-business basis. The specific scope, deliverables, timeline and fees for any engagement are set out in a written proposal or statement of work agreed between MIXXIA and the Client. Where a signed proposal or statement of work conflicts with these Terms, the signed document prevails for that engagement.

05 Our digital platforms

MIXXIA owns and operates the following platforms. Each is subject to its own Platform Terms, which govern use of that platform and prevail over these Terms in respect of that platform.

MIXXIA Events — events.mixxia.com

MIXXIA Events is a live, operational event invitation and guest-management platform operated by MIXXIA for weddings, engagements, graduations, corporate events and similar occasions in Kuwait and the GCC. It provides personal QR invitations, RSVP tracking, guest-list management, door scanning, bilingual Arabic and English delivery, and post-event reporting.

Use of MIXXIA Events is governed by the MIXXIA Events Terms of Service and the MIXXIA Events Privacy Policy, which are incorporated into these Terms by reference. Those documents contain the applicable pricing, refund and cancellation terms for that platform.

IXXI — ixxi.mixxia.com

IXXI is a multiplayer trivia game developed and owned by MIXXIA, designed for group play on a shared screen. IXXI is in pre-launch at the date of these Terms. Platform Terms specific to IXXI will be published at ixxi.mixxia.com on or before its public launch and will govern use of that platform from that date.

06 A growing portfolio

MIXXIA's business model is to build, launch and operate multiple digital services under a single company, and to add further services over time. New platforms may be launched on subdomains of mixxia.com or on separate domains owned by MIXXIA.

Where MIXXIA launches, acquires or discontinues a platform, these Terms continue to apply to MIXXIA as a company. Each new platform will publish its own Platform Terms and, where it processes personal data, its own privacy notice. We will update the list in clause 05 to reflect the current portfolio.

MIXXIA may discontinue or withdraw any platform. Where a platform holds Client or user data or paid commitments, we will give reasonable prior notice and will handle outstanding obligations in accordance with that platform's Platform Terms.

07 Business engagements

Proposals and scope

An engagement begins when MIXXIA and the Client agree a written proposal or statement of work. That document defines the scope. Work outside the agreed scope is a change request and requires written agreement on revised fees and timeline before it is undertaken.

Client responsibilities

The Client is responsible for providing timely access to the information, systems, accounts, approvals and personnel that MIXXIA reasonably requires. Delays caused by the Client may affect agreed timelines and fees.

Acceptance

Unless the engagement document states otherwise, Deliverables are deemed accepted if the Client does not raise written objections within ten (10) business days of delivery.

Subcontracting

MIXXIA may engage subcontractors to perform part of an engagement. MIXXIA remains responsible to the Client for work performed by its subcontractors.

08 Fees, invoicing and payment

• Fees are as set out in the agreed proposal or statement of work, or as published on the relevant platform.
• Unless stated otherwise, invoices are payable within thirty (30) days of the invoice date.
• Fees are exclusive of any taxes, duties or levies imposed by law, which are payable by the Client where applicable.
• Bank charges, currency conversion costs and payment-processing fees are borne by the payer.
• MIXXIA may suspend work or platform access where undisputed invoices remain unpaid after written notice.

Payments for MIXXIA Events are made through that platform and are governed by the pricing, refund and cancellation terms published in the MIXXIA Events Terms of Service.

09 Intellectual property

MIXXIA property

The MIXXIA name, the MIXXIA wordmark and logo, the names and branding of MIXXIA Events and IXXI, this website, and all software, source code, designs, databases and content comprising our platforms are the property of MIXXIA and are protected by applicable intellectual property law. Nothing in these Terms transfers any right in them to you.

Client deliverables

Subject to full payment of all fees due for the relevant engagement, MIXXIA assigns to the Client the intellectual property rights in the Deliverables created specifically for that Client under that engagement.

Retained materials

MIXXIA retains ownership of its pre-existing materials, tools, libraries, frameworks, methodologies and general know-how, including anything developed independently of the engagement. Where such materials are embedded in a Deliverable, MIXXIA grants the Client a perpetual, non-exclusive, royalty-free licence to use them as part of that Deliverable.

Third-party and open-source components

Deliverables may incorporate third-party or open-source components licensed under their own terms. Those terms govern those components, and the Client is responsible for complying with them in its own use.

10 Confidentiality

Each party will keep confidential all non-public information disclosed by the other in connection with an engagement, will use it only for the purposes of that engagement, and will not disclose it to third parties except to personnel and subcontractors who need it and who are bound by equivalent obligations.

These obligations do not apply to information that is or becomes public through no breach of these Terms, was already lawfully known to the receiving party, is independently developed without use of the disclosing party's information, or must be disclosed by law or a competent authority.

Unless the Client objects in writing, MIXXIA may identify the Client by name and describe the general nature of the work in its portfolio and marketing materials. No confidential detail will be disclosed.

11 Acceptable use

When using mixxia.com or any MIXXIA platform, you must not:

• Use the site or any platform for any unlawful purpose, or in breach of Kuwaiti law or any law applicable to you.
• Send unsolicited, deceptive or unlawful communications through any MIXXIA platform, or use a platform to contact people who have not consented to be contacted where consent is required.
• Attempt to gain unauthorised access to our systems, accounts or data, or probe, scan or test the vulnerability of our infrastructure.
• Interfere with or disrupt the integrity or performance of our platforms.
• Copy, reverse-engineer, resell or redistribute any part of our platforms except as expressly permitted in writing.
• Upload or transmit malicious code, or content that is unlawful, defamatory, or infringes the rights of others.
• Misrepresent your identity or your affiliation with any person or organisation.

Where you upload contact details of other people to a MIXXIA platform, you confirm you have a lawful basis to do so and to have those people contacted for the stated purpose. You remain responsible for that content.

We may suspend or terminate access for breach of this clause.

12 Third-party services

Our website and platforms rely on third-party infrastructure and service providers, including hosting, content delivery, database, payment, messaging and email providers. Those services are provided under their own terms, and their availability is outside MIXXIA's control.

The providers we use, and the personal data they process, are identified in our Privacy Policy and in the privacy notice of each platform.

Our website may link to third-party websites. We are not responsible for their content, terms or practices.

13 Warranties and disclaimers

MIXXIA warrants that Services will be performed with reasonable skill and care by suitably qualified personnel, and in a professional manner consistent with industry standards.

Except as expressly stated in these Terms or an agreed engagement document, and to the fullest extent permitted by law, mixxia.com and our platforms are provided "as is" and "as available". We do not warrant that they will be uninterrupted, error-free, or free of harmful components, or that any particular commercial result will be achieved.

Information published on mixxia.com is provided for general information about our company and services. It does not constitute professional, legal, financial or technical advice, and should not be relied upon as such.

14 Limitation of liability

To the fullest extent permitted by the law of the State of Kuwait:

• MIXXIA is not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, however arising.
• MIXXIA's total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by the Client to MIXXIA under that engagement in the twelve (12) months preceding the event giving rise to the claim.
• For use of a platform, MIXXIA's total aggregate liability is limited to the amount paid by that user to MIXXIA for that platform in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

15 Indemnity

You agree to indemnify MIXXIA against claims, losses, damages and reasonable costs arising from your breach of these Terms, your unlawful use of our website or platforms, or content or contact data you supply to a platform in breach of clause 11.

16 Term and termination

These Terms apply while you use mixxia.com and for the duration of any engagement. Either party may terminate an engagement in accordance with the agreed engagement document, or immediately on written notice if the other party commits a material breach that is not remedied within thirty (30) days of written notice, or becomes insolvent.

On termination, the Client will pay for all Services performed and expenses properly incurred up to the effective date of termination. Clauses on intellectual property, confidentiality, liability, indemnity and governing law survive termination.

17 Data protection

MIXXIA processes personal data in accordance with our Privacy Policy and the privacy notice of each platform. Where MIXXIA processes personal data on behalf of a Client in the course of an engagement, the Client is the controller and MIXXIA acts on the Client's documented instructions, applying appropriate technical and organisational security measures.

18 Force majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of government, war, civil unrest, natural disaster, epidemic, failure of telecommunications or internet infrastructure, or failure of a third-party service provider. The affected party will notify the other promptly and both parties will use reasonable efforts to mitigate the effect.

19 Changes to these Terms

We may update these Terms from time to time to reflect changes in our services, our portfolio, or legal requirements. The current version is always published at mixxia.com/terms with its effective date and version number. Material changes affecting an active engagement will be notified to the Client in writing. Continued use of our website or platforms after an update constitutes acceptance of the updated Terms.

20 Governing law and jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of Kuwait. The competent courts of the State of Kuwait have exclusive jurisdiction, without prejudice to any mandatory right you may have to bring proceedings in another jurisdiction.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and the invalid provision is replaced by a valid one that most closely reflects the original intent.

21 Contact

Questions about these Terms, or about MIXXIA as a company, should be directed to:

For matters specific to MIXXIA Events, contact events@mixxia.com.