Terms of Service

1. Acceptance of Terms & Deemed Execution

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User", "Client", or "You") and Maqami LLC ("Maqami", "We", "Us"). By accessing the web platforms located at maqami.co, book.maqami.co, and any associated subdomains, mobile applications, or APIs operated by Maqami LLC (collectively, the "Platform"), you acknowledge that you have read, understood, and entirely agree to these Terms. Registering an account, browsing the site, or utilizing the Platform strictly constitutes your electronic signature and immediate acceptance of these terms.

2. Platform Role & Complete Disavowal of Liability

Maqami LLC provides a technology booking interface. We do not own, manage, control, or operate any hotels, accommodations, airlines, or other travel services. We act strictly as an independent technology intermediary connecting you to third-party inventory suppliers.

• All travel services are provided by independent third parties.
• Maqami LLC is completely absolved of any and all liability for cancellations, overbookings, poor quality, injuries, property damage, or any failure by the ultimate service provider to honor your booking.
• You assume 100% of the operational and financial risk associated with any bookings made through the Platform.

3. Bookings, Chargebacks & Fraud Penalty

You agree to provide accurate, valid payment information. All bookings are subject strictly to the cancellation policies displayed at the time of booking. Non-refundable bookings will not be refunded by Maqami LLC under any circumstances, including force majeure.

Chargeback Liability: The User bears absolute financial responsibility for any fraudulent transactions or chargebacks. In the event you or your end-users initiate a bank chargeback or dispute that results in a penalty to Maqami LLC, you shall be legally obligated to immediately reimburse the total disputed amount plus a $250.00 USD administrative penalty fee per occurrence.

4. Absolute Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE ABSOLUTE MAXIMUM EXTENT PERMITTED BY DELAWARE AND U.S. FEDERAL LAW, MAQAMI LLC ENTIRELY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE.

5. Maximum Limitation of Liability

UNDER NO LEGAL OR EQUITABLE THEORY SHALL MAQAMI LLC, ITS FOUNDER, OFFICERS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, TRAVEL DISRUPTIONS, OR DATA LOSS) ARISING FROM YOUR USE OF THE PLATFORM. IN THE EVENT A COURT REFUSES TO ENFORCE THIS WAIVER, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL BE STRICTLY CAPPED AT FIFTY UNITED STATES DOLLARS ($50.00 USD).

6. Governing Law & Exclusive Delaware Jurisdiction

This agreement shall be exclusively governed by and construed strictly in accordance with the laws of the State of Delaware, United States of America, without regard to conflict of law principles. You irrevocably consent that the exclusive venue for any legal dispute, claim, or lawsuit arising out of this agreement or your use of the Platform MUST be the state and federal courts located in Delaware, USA.

7. Liquidated Damages & Anti-Litigation Penalty

Maqami LLC strictly enforces its liability waivers. To protect our company from unmeritorious or bad-faith litigation, you explicitly agree to the following conditions should you file a lawsuit against Maqami LLC:

• Total Fee-Shifting ("Loser Pays"): If you file a claim against Maqami LLC and do not secure a final, unappealable judgment in your favor on all counts, you unconditionally agree to pay 100% of Maqami LLC's attorney fees, court costs, and legal expenses.
• Liquidated Damages for Breach: Recognizing that unwarranted lawsuits cause severe operational disruption, you explicitly agree to pay Maqami LLC immediate Liquidated Damages in the amount of $50,000 USD (Fifty Thousand US Dollars) per incident simply for the act of initiating a lawsuit in violation of the liability waivers enclosed herein, as a reasonable pre-estimate of damages under Delaware law.

8. Class Action Waiver

YOU EXPRESSLY AGREE TO BRING ANY CLAIMS AGAINST MAQAMI LLC STRICTLY IN YOUR INDIVIDUAL CAPACITY. YOU IRREVOCABLY WAIVE ANY RIGHT TO BRING ANY ACTION AS A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.