Terms of Service for Business Customers

NagaOne FZCO operates a full-stack global edge platform offering content delivery (CDN), edge compute, edge storage, media optimization and related security services, together with business-to-business media player software that works with that platform. These Terms govern your access to and use of those services and software together with our dashboards, APIs and documentation (collectively, the "Services").

1.Definitions

"Services" refers to any product, feature or functionality we make available, including the CDN, edge compute, edge storage, media optimization and security features, and the Player Software. "Customer Content" means any data, files, media, code or other material you route, cache, store, process or transmit through the Services, including any streams, playlists, manifests, media files, channel line-ups, programme guide data, artwork, metadata and other material that is played, rendered or displayed through the Player Software, whether delivered through our CDN or from another source you configure. "Origin" means the server or storage location from which Customer Content is sourced. "Customer" means the company, organisation or other legal entity that holds an Account; the Services are offered to businesses only and not to consumers. "Account" means the profile created when a Customer registers. "Third-Party Providers" means upstream networks, data centres, software vendors or partners whose services we rely on or integrate.

"Player Software" means the media player applications, embeddable players, SDKs and related client-side components that we make available for use with the Services on any platform or device, together with all updates, documentation and associated code. "Player App" means a compiled, installable version of the Player Software that we publish for a particular platform or device, including versions for iOS, iPadOS, tvOS, Android, Android TV, macOS, Windows and Smart TV operating systems; Player Apps form part of the Player Software. "App Store" means any third-party application distribution platform through which we make a Player App available, including the Apple App Store, Google Play, the Microsoft Store and Smart TV application stores. "End User" means any natural or legal person who accesses or views Customer Content through the Player Software, whether that person is you, your employee, your subscriber or any other viewer you authorise.

2.The Services & our role

NagaOne provides distributed network infrastructure that caches, transmits, accelerates and optimizes Customer Content across a global edge network. In delivering the Services we act as a neutral technical intermediary and transmission conduit. We do not originate, author, monitor or control the content that passes through or is cached on our network; responsibility for that content rests with the Customer.

This applies equally to the Player Software. The Player Software renders Customer Content on End User devices but does not alter our role as a transmission conduit, and we do not become a publisher, distributor, broadcaster or licensor of Customer Content by providing it.

We may introduce, change or retire features over time as the platform evolves. Where a change materially and adversely affects an active paid Service, we will make reasonable efforts to provide advance notice.

3.Player Software

3.1Nature of the Player Software

The Player Software is a business-to-business technical component of the Services. It is a content-neutral playback tool: it does not contain, bundle, host, aggregate, curate, recommend or provide access to any media content of its own. The Player Software only plays Customer Content that a Customer — a business entity holding an Account — provisions, configures or makes available to it for distribution to that Customer's End Users. Installing the Player Software without a valid configuration, licence key, credentials or endpoint issued by a Customer provides no content and no service. We may make demonstration content available through a demonstration configuration for evaluation purposes only; such content is not part of the Player Software and may be changed or withdrawn at any time.

3.2Who may use it

The Player Software is licensed exclusively to business Customers holding an Account, for use in connection with their own commercial operations and for distribution of their own Customer Content to their own End Users. It is not offered to consumers. End Users who use a Player App do so under the authorisation and responsibility of the Customer that has provisioned it. End Users are not our customers and have no contractual relationship with us in respect of the content they view.

3.3Licence

Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to End Users as permitted in Section 3.2), revocable licence during the term of your Account to (a) install and use the Player Software on devices and platforms for which we make it available; (b) allow your End Users to install and use the Player Apps to view your Customer Content; and (c) where we provide an embeddable player or SDK, integrate it into your own websites, applications and services. All rights not expressly granted are reserved. The Player Software is licensed, not sold.

3.4Restrictions

You must not, and must not allow any End User or third party to:

• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Player Software, except to the extent applicable law expressly permits;
• modify, adapt, translate or create derivative works of the Player Software;
• remove, obscure or alter any proprietary notices, digital rights management or content protection mechanisms;
• use the Player Software to circumvent geographic restrictions, access controls, encryption, DRM or other technical measures applied to any content;
• redistribute, resell, rent, lease or lend the Player Software other than by making the Player Apps available to your End Users as contemplated in these Terms;
• use the Player Software with content that you are not authorised to distribute; or
• use the Player Software in a manner that breaches Section 5 (Acceptable Use Policy) or Section 6 (Prohibited content).

3.5Content responsibility

You are solely responsible for all Customer Content played through the Player Software, including its legality, its licensing, its ownership, its classification and age suitability, and its compliance with the laws of every jurisdiction in which you make it available to End Users. You represent and warrant that you hold all rights, licences, consents and permissions required to deliver the Customer Content to End Users through the Player Software. We do not review, monitor, select, endorse or control Customer Content and, consistent with Section 2, act solely as a neutral technical intermediary. Any claim relating to Customer Content, including claims by rights holders, broadcasters, regulators or End Users, is a matter between you and the claimant, and Section 17 (Indemnification) applies.

3.6End User terms and support

You are responsible for providing your End Users with your own terms of use, privacy notice, age verification (where required) and customer support. We do not provide support to End Users. The Player Apps do not offer self-registration and do not create accounts with NagaOne: End User credentials are issued, managed, deactivated and deleted by the Customer through its own systems, and requests from End Users to delete their account or data are handled by the Customer. Where an App Store requires that we display terms or a privacy notice to End Users, those documents describe our role as a software provider only and do not create any obligation on our part in respect of Customer Content.

3.7App Store terms

Where you or your End Users obtain a Player App through an App Store, the App Store operator's terms also apply. The App Store operator is not a party to these Terms, has no obligation to provide maintenance or support for the Player App, and is not responsible for any claim relating to the Player App or the Customer Content. To the extent required by the App Store operator, the operator and its subsidiaries are third-party beneficiaries of this Section 3 and may enforce it against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

3.8Updates and availability

We may update, modify, add or remove features of the Player Software, or discontinue support for any platform, device or operating-system version, at any time. Some updates may be installed automatically. Continued use after an update constitutes acceptance of the updated Player Software. Availability of a Player App in a given App Store or country is at the discretion of the App Store operator and us.

3.9Data collected by the Player Software

The Player Software may transmit technical and diagnostic data (such as device type, operating-system version, app version, playback errors, buffering statistics and crash reports) to us to operate and improve the Services. We process such data as described in Section 13 (Privacy & data protection) and our Privacy Policy. Where the Player Software processes personal data of End Users on your behalf, you are the controller of that data and we act as your processor.

3.10Third-party components

The Player Software incorporates open-source and third-party components licensed under their own terms, which are listed within the Player Software or its documentation. To the extent those terms conflict with these Terms in respect of the relevant component, the third-party terms prevail.

3.11Relationship to other NagaOne products

4.Eligibility & accounts

The Services are provided to businesses, organisations and other legal entities acting in the course of their trade or profession. They are not offered to consumers, and consumer protection provisions do not apply to the extent permitted by law. The individual who registers or acts on behalf of a Customer must be at least 21 years of age, or otherwise of legal age to form a binding contract in their jurisdiction, and confirms that they are authorised to bind the Customer to these Terms.

You are responsible for the accuracy of the information you provide, for keeping it current, and for safeguarding your login credentials. You are responsible for all activity that occurs under your Account, whether carried out by you or by anyone you allow to access it. Notify us promptly if you suspect any unauthorised use of your Account.

5.Acceptable Use Policy

This Section applies to all Customer Content delivered through the Services, including Customer Content played through the Player Software. The Services may be used only for lawful purposes and in compliance with these Terms and all applicable laws of the United Arab Emirates and any other jurisdiction relevant to your use. You agree not to use the Services, and not to allow any third party to use them, to:

• infringe the intellectual property, privacy, publicity or other rights of any party;
• distribute malware, ransomware, spyware, or tools designed to gain unauthorised access to, disrupt or damage any system or network;
• send or facilitate unsolicited bulk messaging (spam), phishing, or credential-harvesting;
• operate the Services as an open proxy, or to launch, relay or amplify attacks against any third party;
• impose an abusive or disproportionate load intended to degrade the Services or harm other customers;
• misrepresent your identity, forge headers, or evade access restrictions; or
• engage in any activity that is fraudulent, deceptive, defamatory, or otherwise unlawful.

Any attempt to abuse, harm or degrade the quality of the Services may result in immediate suspension or termination of your Account without refund. We may investigate suspected violations and cooperate with law enforcement where appropriate.

6.Prohibited content under UAE law

• Any content that violates UAE law, including the UAE cybercrime legislation, directly or indirectly;
• Pornographic, sexually explicit or "adult" content of any kind — this is prohibited absolutely and is not permitted under any circumstances;
• Child sexual abuse material (CSAM), which we report to the relevant authorities without exception;
• Content that promotes hatred, racism, violence, terrorism or extremism;
• Content that insults or defames religion, the State, its institutions or its leadership, or that is contrary to public morals in the UAE;
• Gambling content where prohibited by applicable law;
• Pirated software, cracks, hacking tools or material that infringes copyright, trademark or other rights;
• Content relating to illegal drugs or other controlled substances;
• Any other material that is unlawful under UAE law or the law applicable to your use.

If you are unsure whether your intended use is permitted, contact us through our contact form before placing an order.

7.Customer content & caching

You retain all ownership of your Customer Content. To deliver the Services, it is technically necessary for our edge servers to make, store and distribute cached copies of your files across the network. By using the Services you acknowledge that these copies are created and grant us a limited, non-exclusive, worldwide licence to cache, store, reproduce, transmit and process Customer Content solely as required to provide and operate the Services.

Where the Player Software caches, buffers or temporarily stores Customer Content on an End User device for playback purposes (including time-shift, resume and offline playback features you enable), such copies are made on your instruction and under your responsibility.

You represent and warrant that you hold all rights, licences, consents and permissions necessary to transmit and distribute your Customer Content through the Services, and that doing so does not breach these Terms or any applicable law.

8.Abuse & copyright notices

As an infrastructure provider, NagaOne caches and transmits content on behalf of its customers and is not the host or origin of that content. If you believe content delivered through our network infringes your rights or breaches our Acceptable Use Policy, please submit a notice that includes: (a) identification of the material and its URL(s); (b) identification of the right or work concerned; (c) your contact details; (d) a statement of your good-faith belief that the use is unauthorised; and (e) a statement that the information you provide is accurate.

9.Fees & payment

Fees are based on usage — such as data transfer, storage, requests and compute — at the rates set out in your order or on our pricing page, and are exclusive of any applicable taxes (including UAE VAT where it applies). Unless agreed otherwise, charges are payable in advance or billed in arrears according to your plan. We may revise pricing from time to time; changes take effect from your next billing cycle. Late or failed payment may lead to suspension of the Services. Except where required by mandatory law, fees already paid are non-refundable.

10.Service levels & credits

Where your order references a specific service level agreement, the availability target and any service credits described there apply. Unless stated otherwise, availability is measured at our network interface over a calendar month.

Service credits

If we fail to meet an applicable monthly availability target, your sole and exclusive remedy is a service credit, calculated as a percentage of the monthly fee for the affected Service on a tiered basis (for example, a larger credit for a larger shortfall), up to a maximum of one month's fee for that Service in the billing cycle concerned. Service credits are applied to future invoices and are not redeemable for cash.

Claims

To claim a credit you must contact us through our contact form within fourteen (14) days of the end of the month in which the shortfall occurred, including the relevant dates, times and duration. We will assess claims in good faith and our determination is final.

Exclusions

Availability calculations exclude any unavailability arising from: scheduled or emergency maintenance; factors outside our reasonable control (including force majeure and denial-of-service attacks); your own configuration, code, equipment, network or Origin; third-party services or networks; general Internet problems; or any suspension or termination carried out under these Terms.

11.Beta & free services

We may make certain features available on a free, trial, preview or "beta" basis. Such features are provided "as is", may be changed or withdrawn at any time, and are excluded from any service level commitment. Pre-release, TestFlight, developer-mode, "early access" or beta builds of the Player Software, and Player Apps for platforms marked as beta, are beta features under this Section. To the maximum extent permitted by law, we have no liability arising from your use of free or beta features.

12.Suspension & termination

We may suspend or terminate the Services, in whole or in part, with or without notice, if: (a) you breach these Terms or the Acceptable Use Policy; (b) your use creates a security, legal, financial or operational risk; (c) we are required to do so by law or a competent authority; or (d) fees are unpaid. Where practical we will give notice, but in serious cases we may act immediately.

You may terminate at any time by closing your Account and ceasing use of the Services. On termination, outstanding fees become immediately due, and we may delete data associated with your Account. On suspension or termination of your Account, the licence in Section 3.3 ends and the Player Software may cease to play your Customer Content; we may also disable or remove any Player App configuration associated with your Account, and we are not responsible for any loss suffered by your End Users as a result. Provisions that by their nature should survive termination — including ownership, licences granted to us, disclaimers, liability limits, indemnities and governing law — will survive.

13.Privacy & data protection

We process personal data in accordance with our Privacy Policy and applicable UAE data protection requirements. To the extent we process personal data on your behalf in providing the Services, we act as a processor and you as the controller. Where the EU/UK General Data Protection Regulation applies to your use, the parties will, on request, enter into a data processing addendum. To operate and secure the network we may process limited technical data such as anonymised IP information, request metadata, country and user-agent for analytics, performance and security purposes. Technical and diagnostic data transmitted by the Player Software is processed as described in Section 3.9.

14.Sanctions & compliance screening

NagaOne complies with applicable UAE laws and regulatory requirements, including measures relating to sanctions and targeted financial sanctions issued under UN Security Council Resolutions and applicable UAE designations. In addition, certain components of the Services rely on upstream providers in the UAE and other jurisdictions, which may apply their own sanctions, export-control and compliance rules — including automated screening against lists such as EU measures and U.S. OFAC programs.

Depending on the transaction, we may apply UAE requirements, upstream-provider requirements, or both. Screening may result in refusal to activate, transfer or continue a Service; suspension or limitation of access; or rejection of an order, payment or account. We do not control the scoring or matching logic of upstream providers, and restrictions may change at any time without prior notice. We may request additional information, decline service, or terminate Services where required to comply.

15.Warranties & disclaimers

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, NagaOne disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure or error-free. Network statistics, performance figures and feature descriptions published on our website are indicative and may vary by region and configuration. Without limiting the foregoing, we do not warrant that the Player Software will be compatible with every device, operating-system version, network or content format, that playback will be uninterrupted or error-free, or that any Player App will remain available in any App Store. Nothing in these Terms excludes any warranty or liability that cannot lawfully be excluded under UAE law.

16.Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, business or goodwill, however arising. Our total aggregate liability arising out of or relating to the Services will not exceed the total fees you paid to us for the affected Service in the three (3) months immediately preceding the event giving rise to the claim. These limits do not apply to liability that cannot lawfully be limited under UAE law.

17.Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless NagaOne and its affiliates, officers, employees and agents from and against any claims, liabilities, losses, damages and reasonable costs (including legal fees) arising out of your Customer Content, your use of the Services, your breach of these Terms or the Acceptable Use Policy, or any act or omission by anyone you authorise to access your Account. This includes any claim arising out of or relating to (a) Customer Content played through or made available via the Player Software; (b) your End Users' use of the Player Software; (c) any claim by an App Store operator, rights holder, broadcaster, collecting society or regulator relating to Customer Content; and (d) your breach of Section 3.

18.Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, fire, flood, war, civil unrest, strikes, governmental action, power or network failures, or attacks on infrastructure. If such an event continues for more than three (3) consecutive months, either party may terminate the affected Services without penalty.

19.Changes to these Terms

We may update these Terms from time to time. We will post the revised version with an updated "Last updated" date and, for material changes, make reasonable efforts to notify you. It is your responsibility to review these Terms periodically. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

20.Governing law & jurisdiction

These Terms are governed by the laws of the United Arab Emirates as applicable to companies established in the IFZA free zone, Dubai Silicon Oasis, without regard to conflict-of-laws principles. Subject to any dispute-resolution provisions in your order, the parties submit to the jurisdiction of the competent courts of the Emirate of Dubai, United Arab Emirates. Nothing in these Terms limits any mandatory rights you may have under applicable UAE law.

21.Contact

NagaOne FZCO
DSO-IFZA, Building A2, PO Box 342001
Dubai Silicon Oasis, Dubai, United Arab Emirates
Free Zone Company registered with IFZA (International Free Zone Authority), Dubai

Where we distribute Player Apps through an App Store in the European Union, NagaOne FZCO is the trader responsible for the app within the meaning of the Digital Services Act, and the contact details above apply.

For all enquiries — including general, legal and abuse/DMCA matters — please use our contact form and select the relevant topic. Routing requests through the form ensures they reach the right team and are tracked through our workflow.