Effective Date: 28/Jan/2016
website and its subdomains (the “Website”), all content, services, features, activities and products available at or through the Website (the “Services”). The term “user” or “you” used in these Terms means you as a user of this Website, your subsidiaries, affiliates, employees.
Please read these Terms carefully.
USE OF OUR SERVICES
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use our Services for your internal use and not for commercial use or further resale or distribution. You are entitled to use our Services in compliance with all terms and conditions set forth in these Terms as well as any applicable laws and regulations.
Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including Singapore copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you shall not:
- use the Website and its contents in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use the Website in any way or take any action that causes, or may cause, damage to us or impairment of the performance, availability or accessibility of the Website;
- download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
- violate third party rights, including without limitation, our agents, partners, on the Website and/or cause harm in any way;
- use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above;
- collect and store personal information of other users and clients without their proper authorization;
access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- otherwise violate these Terms as well as any applicable laws and international treaties.
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
We also reserve the right, in our sole discretion, to reject, refuse service, or delete any user data, and to restrict, suspend, or terminate your access to our Services at any time if we reasonably believe that you violate these Terms or any applicable laws and international treaties.
To access certain Services, you are required to create an account and follow the registration process by completing the registration form on the Website. You agree to provide us with full, complete and accurate information about you when you register for the Services, and to update such information.
The pricing for our Services can be found on the Website. Our fees for the Services are non-refundable. Fees for the first month of the Services are prorated based on the calendar days remaining in the particular month at the pricing tier selected by the user provided that in the event user’s usage of the Services exceeds the pricing tier selected by the user, fees are adjusted as follows: for the previous month, Sofia.ai will charge the lower of any overage cost for usage in excess of the pricing tier the user selected versus the retroactive upgrade cost to the next higher tier. The subsequent month is charged at the then-current pricing tier.
Unless a subscription term of a longer duration is indicated by the user (a “Subscription Term”), the Services will automatically renew on a monthly basis unless and until the user terminates the Services by providing written notice to us (email is acceptable) or selecting the cancellation option on the Website, and such termination will be effective as of the last day of the calendar month during which such termination notice is received. Any Subscription Term specified by the user will automatically renew for additional terms of twelve months each unless and until either party provides the other with written notice of termination at least thirty (30) days in advance of the last day of the then-current Subscription Term.
Fees due hereunder will be billed to user’s credit card and the user authorizes the card issuer to pay all such amounts and authorizes Sofia.ai (or its billing agent) to charge the credit card account until the user or Sofia.ai cancels or terminates the Services as set forth above; provided that if payment is not received from the credit card issuer, the user agrees to pay all amounts due upon demand. The user must provide current, complete and accurate billing and credit card information. The user agrees to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which the user shall be responsible to pay.
The user will be responsible for payment of any applicable sales, use and other taxes and all applicable export and import fees, customs duties and similar charges.
RESTRICTED AREAS OF THE SERVICES
Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password Protected Areas”). If you are authorized to gain access to any Password Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.
LINKS AND THIRD PARTY CONTENT
Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
Sofia.ai is the sole owner and lawful licensee of all rights, title and interests available on the Website as well as software required for our Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights on the Website and its content shall remain with Sofia.ai, our affiliates or licensors of the content, as the case may be. All rights not otherwise claimed under the Terms or by Sofia.ai are hereby reserved.
You acknowledge and agree that all access and use of the Website and Services is at your own risk. We cannot guarantee and do not warrant that such content and/or information is error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language.
All Services and content, including software, products, services, information, text and related graphics contained within or available through the Website are provided “as is”. We do not warrant that the Website or Services will always be accessible and useable.
Under no circumstances shall we be liable for any errors or omissions in the Services, content or information on the Website. Sofia.ai makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the information, Content or materials included on this Website. The user is solely responsible for use of any reliance on this information.
LIMITATION OF LIABILITY
Under no circumstances shall Sofia.ai be liable to any person or entity whatsoever for any direct, indirect, incidental, consequential or punitive damages or any damages or losses whatsoever.
Under no circumstances shall Sofia.ai be held liable for any delay or failure or disruption of the content or Services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, server errors, misdirected or redirected transmissions, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, disease, pandemia, fires, flood, storms, explosions, Acts of God, war, governmental actions or non-performance of third parties.
You agree to indemnify and hold Sofia.ai harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you. If you use our Website or Services for or on behalf of a third party, such as a family member, partner or any third party, you are responsible for any error in the accuracy of information provided in connection with such use.
Enforcement of these Terms will be governed by the laws of the Republic of Singapore, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services will lie in the courts located in Singapore, the Republic of Singapore, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.
In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
We may revise these Terms at any time and in our sole discretion by posting the relevant modified Terms on the Website which come into immediate effect. We reserve the right to modify, suspend or terminate the site and/or any portion thereof, including any service or product available through the site, at any time for any reason with or without notice to you.
By continuing to access or use the site and services, you are indicating that you agree to be bound by the modified Terms. If you do not agree to continue to use the site and/or services on basis of the modified Terms, please cease to use our Website and/or Services.
When modified Terms come into effect, the modified Terms shall supersede the previous version of the Terms.
Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.
If any provision of the Terms is held to be invalid, the remaining provisions shall remain valid and be enforced.
These Terms constitute the entire agreement between you and Sofia.ai regarding the Website and Services.
Sofia.ai may disclose the user’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and Sofia.ai shall not be liable for damages or results thereof and the user agrees not to bring any action or claim against Sofia.ai for such disclosure.
We encourage you to provide us with feedback, comments and suggestions for improvements to the Website and our Services.