Terms of Service

Acceptance of Terms

By accessing and using the services provided by malira GmbH ("Company", "we", "our", or "us"), you ("Client", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services or website.

Company Information

Service Description

malira provides professional risk analysis services including but not limited to:

• Compliance risk assessment
• Financial risk analysis
• Legal risk evaluation
• Regulatory advisory services
• Risk management consultation

User Obligations

When using our services, you agree to:

• Provide accurate and complete information necessary for our risk analysis services
• Cooperate in good faith during the service delivery process
• Comply with all applicable laws and regulations
• Not use our services for any unlawful or prohibited purpose
• Maintain the confidentiality of any proprietary methodologies or tools we may share
• Pay all fees and charges as agreed upon in our service agreements

Service Agreements

Specific terms for individual service engagements will be outlined in separate service agreements or statements of work. These Terms of Service apply to all services unless explicitly modified in a signed service agreement.

Professional Standards

Our services are provided in accordance with professional standards applicable to risk analysis and regulatory compliance consulting. We maintain professional indemnity insurance and adhere to industry best practices. However, our services constitute professional advice and recommendations, and the final implementation decisions remain with the client.

Intellectual Property

All intellectual property rights in our methodologies, reports, analyses, and proprietary tools remain the exclusive property of malira. You are granted a limited, non-exclusive licence to use our reports and recommendations for your internal business purposes only.

You may not reproduce, distribute, modify, or create derivative works from our proprietary materials without our express written consent. Any client-specific data and information provided to us remains your property, and we will handle it in accordance with our Privacy Policy and applicable data protection laws.

Confidentiality

We maintain strict confidentiality regarding all client information and will not disclose your business information to third parties except as required by law or with your explicit consent. We expect reciprocal confidentiality regarding our proprietary methodologies and business practices.

Fees and Payment

Fees for our services will be specified in individual service agreements. Payment terms are typically 30 days from invoice date unless otherwise agreed. Late payments may incur interest charges as permitted by German law. We reserve the right to suspend services for overdue accounts.

Limitation of Liability

To the maximum extent permitted by law, malira's liability for any claims arising from our services is limited to the total fees paid by you for the specific service giving rise to the claim.

We shall not be liable for:

• Indirect, consequential, special, or punitive damages
• Loss of profits, revenue, or business opportunities
• Damages resulting from your failure to implement our recommendations
• Losses arising from regulatory changes after the completion of our services
• Third-party actions or decisions based on our reports

Professional Indemnity

malira maintains professional indemnity insurance appropriate to our business activities. Details of our insurance coverage are available upon request for clients engaging our services.

Force Majeure

Neither party shall be liable for any delay or failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, government actions, war, terrorism, pandemic, or other emergency situations.

Termination

Either party may terminate a service engagement:

• By mutual written agreement
• For material breach of these Terms after 30 days written notice and opportunity to cure
• Immediately for insolvency, bankruptcy, or cessation of business operations
• As specified in individual service agreements

Upon termination, you remain liable for all fees incurred up to the termination date, and both parties' confidentiality obligations continue indefinitely.

Data Protection

We process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Our data processing practices are detailed in our Privacy Policy, which forms an integral part of these Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of Germany. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Munich, Germany, unless mandatory consumer protection laws require otherwise.

Dispute Resolution

We encourage the amicable resolution of any disputes through direct negotiation. If necessary, disputes may be resolved through mediation before resorting to court proceedings. For commercial clients, we may agree to arbitration under the rules of the German Arbitration Institute (DIS).

Amendments

We may update these Terms from time to time to reflect changes in our services or legal requirements. Updated Terms will be posted on our website with a new effective date. Continued use of our services after such updates constitutes acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and malira regarding the use of our services, superseding any prior agreements or understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us: