Terms and Conditions of Use

Effective date: 2026-04-03

These Terms and Conditions of Use (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Abdul Rafay (“Operator,” “I,” “me,” or “my”) regarding your access to and use of the website located at https://rafay99.com and all associated subdomains, content, functionality, and services (collectively, the “Website”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING, BROWSING, OR USING THE WEBSITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING, NAVIGATING, REGISTERING FOR AN ACCOUNT (IF AVAILABLE), OR SUBMITTING INFORMATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE WEBSITE.

Article 1. Definitions and interpretation

1.1. “Content” means all text, images, photographs, graphics, audio, video, software, data, code, designs, layouts, trademarks, service marks, trade names, logos, and other materials appearing on or made available through the Website, excluding User Content.

1.2. “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, rights of privacy, and other proprietary rights, whether registered or unregistered, including applications for and renewals or extensions of such rights.

1.3. “Professional Services” means any consulting, development, or other services that may be engaged through contact initiated via the Website, subject to execution of a separate written agreement.

1.4. “User Content” means any content, materials, or information that you submit, post, upload, transmit, or otherwise make available through the Website, including but not limited to contact form submissions and communications.

1.5. “Working Day” means any day other than a Saturday, Sunday, or public holiday in Pakistan.

Article 2. Eligibility and acceptance

2.1. By using the Website, you represent and warrant that: (a) you are at least sixteen (16) years of age; (b) you possess the legal capacity and authority to enter into these Terms; (c) your use of the Website will not violate any applicable law, regulation, or third-party right; and (d) all information you provide is accurate, current, and complete.

2.2. If you are accessing the Website on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to “you” herein shall apply to such entity.

2.3. The Operator reserves the right to deny access to the Website to any person or entity for any reason or no reason, in the Operator’s sole discretion.

Article 3. License and restrictions on use

3.1. Grant of license. Subject to your compliance with these Terms, the Operator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial use.

3.2. Permitted activities. Without limiting the generality of Section 3.1, you may:

• (a) view, download, and print pages from the Website for your personal reference;
• (b) share links to Website pages through standard social media sharing functions;
• (c) quote brief excerpts of text not exceeding one hundred (100) words, provided that you include proper attribution and a hyperlink to the original source.

3.3. Prohibited activities. You shall not, directly or indirectly: (a) use any robot, spider, scraper, crawler, or other automated means to access, monitor, copy, or extract any Content from the Website, except as expressly permitted by the robots.txt file or with the Operator’s prior written consent; (b) circumvent, disable, or interfere with any security-related features of the Website, including features that prevent or restrict use or copying of Content; (c) frame, mirror, or inline link to any portion of the Website without prior written authorization; (d) reproduce, modify, adapt, translate, create derivative works from, transfer, distribute, display, perform, sell, license, or exploit any Content except as expressly permitted herein; (e) use the Website or any Content for the development, training, or improvement of any machine learning model, artificial intelligence system, or algorithm, including but not limited to large language models, without the Operator’s express written consent; (f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (g) engage in any activity that interferes with or disrupts the Website or servers or networks connected to the Website; or (h) use the Website for any illegal purpose or in violation of any applicable law.

3.4. License termination. The license granted herein terminates automatically upon any breach of these Terms. Upon termination, you must immediately cease all use of the Website and destroy all copies of Content in your possession or control.

Article 4. Intellectual property

4.1. Ownership. All Intellectual Property Rights in and to the Website and Content are and shall remain the exclusive property of the Operator or its licensors. Nothing in these Terms shall be construed as conferring any license or right under any Intellectual Property Rights, whether by estoppel, implication, or otherwise, except as expressly granted in Section 3.

4.2. Open source. Certain code samples or software made available through the Website may be designated as open source and subject to separate license terms (including but not limited to the MIT License, Apache License 2.0, or GNU General Public License). Such designations shall be clearly indicated. Open source materials are licensed under their respective terms, and these Terms do not modify such licenses.

4.3. Feedback. Any feedback, suggestions, or ideas you provide regarding the Website or Content may be used by the Operator without restriction or compensation to you, and you hereby assign to the Operator all right, title, and interest in and to such feedback.

4.4. Enforcement. The Operator reserves all rights to enforce its Intellectual Property Rights to the fullest extent of the law, including seeking injunctive relief and monetary damages in any jurisdiction.

Article 5. Disclaimers and limitation of warranties

5.1. Express disclaimers. THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

5.2. Specific disclaimers. WITHOUT LIMITING THE GENERALITY OF SECTION 5.1, THE OPERATOR DOES NOT WARRANT THAT: (a) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR CONTENT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR ANY PURPOSE; (d) ANY ERRORS IN THE WEBSITE OR CONTENT WILL BE CORRECTED; OR (e) THE WEBSITE IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

5.3. Educational content. The Content, including blog posts, tutorials, code examples, and technical documentation, is provided for educational and informational purposes only and does not constitute professional, legal, financial, or technical advice. The Operator makes no representations or warranties regarding the accuracy, completeness, timeliness, or applicability of any Content. You assume all risk and responsibility for your use of, reliance upon, or implementation of any Content, and you are solely responsible for verifying the accuracy and suitability of any information before acting upon it.

5.4. Third-party content. The Website may contain links to third-party websites, services, or resources. The Operator does not endorse, control, or assume responsibility for any third-party content, and your use of third-party resources is at your own risk.

Article 6. Limitation of liability

6.1. Exclusion of consequential damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2. Cap on liability. THE TOTAL CUMULATIVE LIABILITY OF THE OPERATOR TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (a) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00); OR (b) THE AMOUNT YOU HAVE PAID TO THE OPERATOR, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

6.3. Essential purpose. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE 6 SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND THE OPERATOR IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

6.4. Jurisdictional variations. Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. If any limitation or exclusion in these Terms is held to be unenforceable in your jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

Article 7. Indemnification

7.1. You agree to defend, indemnify, and hold harmless the Operator and his affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Website or Content; (b) your User Content; (c) your violation of these Terms or any applicable law; (d) your violation of any third-party right, including any Intellectual Property Right or privacy right; or (e) your negligence or willful misconduct.

7.2. The Operator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Operator, and you agree to cooperate with the Operator’s defense of such claims.

Article 8. Professional services

8.1. No offer. The Website provides mechanisms for inquiring about Professional Services. Any such inquiry constitutes an invitation to treat only and does not constitute an offer capable of acceptance. No binding contract for Professional Services shall be formed until the parties execute a separate written Statement of Work (“SOW”) or engagement agreement.

8.2. SOW requirements. Each SOW shall specify in reasonable detail: (a) the scope of services to be performed; (b) deliverables and acceptance criteria; (c) timeline and milestones; (d) fees and payment terms; and (e) any other material terms agreed upon by the parties.

8.3. No guarantee. The Operator does not guarantee any specific results, outcomes, or returns from Professional Services, including but not limited to business performance, revenue generation, or technical functionality.

Article 9. Term and termination

9.1. Term. These Terms shall remain in full force and effect so long as you access or use the Website.

9.2. Termination by Operator. The Operator may, in his sole discretion and without prior notice, suspend or terminate your access to all or part of the Website for any reason or no reason, including without limitation any breach of these Terms.

9.3. Effect of termination. Upon termination: (a) all licenses granted hereunder shall immediately terminate; (b) you must immediately cease all use of the Website and destroy all copies of Content in your possession or control; and (c) Sections 4, 5, 6, 7, 11, and 12 shall survive termination.

Article 10. Force majeure

10.1. Neither party shall be liable for any failure or delay in performance under these Terms (other than obligations to make payments) to the extent such failure or delay arises out of a cause beyond the reasonable control of such party, including but not limited to: acts of God; natural disasters; war; terrorism; riots; embargoes; acts of civil or military authorities; fire; floods; accidents; strikes; shortages of transportation, facilities, fuel, energy, labor, or materials; telecommunications or internet failures; denial of service attacks; pandemic; or governmental action.

10.2. The party affected by a force majeure event shall give prompt written notice to the other party, and shall use commercially reasonable efforts to mitigate the effects of such event.

Article 11. Dispute resolution

11.1. Informal resolution. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiation within thirty (30) days of written notice of the dispute.

11.2. Binding arbitration. If the parties are unable to resolve a dispute through informal negotiation, the dispute shall be finally resolved by binding arbitration administered by the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Arbitration Rules then in effect. The seat of arbitration shall be Singapore. The arbitration shall be conducted in the English language before a single arbitrator appointed in accordance with the LCIA Rules. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.3. Exceptions to arbitration. Notwithstanding Section 11.2, either party may bring an action in a court of competent jurisdiction: (a) to enforce Intellectual Property Rights; (b) to seek injunctive or other equitable relief; or (c) for claims within the jurisdictional limit of a small claims court.

11.4. Class action waiver. YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR CONSOLIDATED ARBITRATIONS. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION OF THIS ARTICLE 11 SHALL BE VOID, AND THE PARTIES SHALL BE DEEMED NOT TO HAVE AGREED TO ARBITRATE DISPUTES.

11.5. Waiver of jury trial. TO THE EXTENT PERMITTED BY LAW, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

Article 12. Governing law and jurisdiction

12.1. Governing law. These Terms shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.

12.2. Exclusive jurisdiction. Subject to Article 11, the courts of Islamabad, Pakistan shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

Article 13. General provisions

13.1. Entire agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated herein, constitute the entire agreement between you and the Operator concerning the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.

13.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

13.3. Waiver. No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

13.4. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Operator’s prior written consent. Any attempted assignment in violation of this Section shall be void. The Operator may freely assign these Terms without restriction.

13.5. Third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

13.6. Headings. The headings in these Terms are for convenience only and shall not affect their interpretation.

Article 14. Changes to terms

14.1. Right to modify. The Operator reserves the right, in his sole discretion, to modify or replace these Terms at any time.

14.2. Material changes. Material changes to these Terms shall be notified by posting a prominent notice on the Website for a period of not less than thirty (30) days prior to the effective date of such changes. Material changes include modifications to: (a) the liability cap in Section 6.2; (b) the arbitration provision in Article 11; or (c) the class action waiver in Section 11.4.

14.3. Acceptance of changes. Your continued use of the Website following the posting of changes constitutes your binding acceptance of such changes. If you do not agree to the modified Terms, you must immediately cease using the Website.

Article 15. Notices

15.1. To Operator. All notices to the Operator under these Terms shall be in writing and delivered to: 99marafay@gmail.com, with subject line “Legal Notice.”

15.2. To User. The Operator may provide notices to you by posting on the Website or by email to any address you have provided.

Article 16. Contact information

For questions about these Terms, please contact:

• Abdul Rafay
• Email: 99marafay@gmail.com
• Website: https://www.rafay99.com/contact-me