Terms of use
Last updated May, 2024
These Terms of Use (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” and derivatives) and Ai Palette Pte Ltd (“Company”, “we”, “us”, or “our”), concerning your access to and use of the premium.aipalette.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site and/or any other documents that are entered into by you with the Company with respect to your use or access of the Site from time to time are hereby expressly incorporated herein by reference. If these Terms of Use are inconsistent with any provision contained in any supplemental terms and conditions or documents that may be posted on the Site and/or any other documents that are entered into by you with the Company with respect to your use or access of the Site, the Company shall determine, in its sole and absolute discretion, which of the provisions shall control any such inconsistency or conflict. We reserve the right, in our sole discretion, to make changes or modifications, add or remove portions of these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. These Terms of Use, the privacy policy (available at https://premium.aipalette.com/mui/privacy-policy), and any other agreements that may be entered into by you with the Company shall constitute the entire agreement between you and the Company and shall supersede any and all previous representations, understandings, or agreements as to the subject matter hereof.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register on the Site. Company reserves the right to terminate any person’s membership in accordance with the terms of these Terms of Use and/or refuse to provide such person with access to the Site if it is brought to the notice of Company or if Company discovers for itself that such person is not eligible to use the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, other content and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, trade names and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Singapore, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use or agreed with the Company in writing, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without express prior written permission from the Company.
Provided that you are eligible to use the Site, you are granted a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
CONFIDENTIALITY
You acknowledge that you may be exposed to or acquire certain communication or data that is confidential, privileged communication not intended to be disclosed to third parties. All and any information disclosed by the Company to you, either directly or indirectly, in writing, orally, electronic or other tangible form shall be considered “Confidential Information”.
You hereby represent and warrant that:
(a) You shall not use such Confidential Information for your own or any other person’s benefit (including without limitation for any commercial and/or non-commercial use, whether to develop a competing product, or otherwise).
(b) You shall use the same or greater degree of care in protecting the Confidential Information, as you use for your own confidential information, but no less than reasonable care.
(c) You shall not use, sell, tamper, reproduce, duplicate, copy, reverse-engineer, disassemble, decompile or decrypt Confidential Information or store any of the Confidential Information in an externally accessible computer or electronic information retrieval system or transmit it in any form or by any means whatsoever outside its usual place of storage.
(d) You shall promptly notify the Company upon discovery of any disclosure or misuse of the Confidential Information.
(e) Upon request of the Company or upon termination, you shall promptly return or destroy the Confidential Information.
You shall use your best efforts to assist the Company in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, you shall advise the Company immediately upon learning that any person who has had access to Confidential Information has violated or intends to violate the terms of these Terms of Use and will cooperate with the Company in seeking injunctive or other equitable relief against any such person.
You acknowledge that breach of your obligation of confidentiality may give rise to irreparable injury to the Company, which damage may be inadequately compensable in the form of monetary damages. Accordingly, the Company may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
FEES AND PAYMENT
We accept bank transfer as a form of payment of any dues payable to us by you for accessing/using the Site.
Not all access to the Site or services is free, and you may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time by notifying you of the same in advance. All payments shall be in U.S. dollars, provided however, the Company may accept payment in your local currency upon mutual agreement between you and the Company. In the event you fail to pay the fee payable by you for the services, the Company reserves the right to terminate your access to the Site with no notice. Further, in the event of delay in the payment of fee by you, the Company reserves the right to charge interest on any such delayed payment at such rate as may be indicated by the Company in writing.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation in the form and manner indicated by us.
The Fees listed in this Agreement do not include taxes. If AI Palette is required to collect and/or pay sales, use, property, GST, or other federal, state or local taxes based on the licenses granted in this Agreement or on Customer’s use of the Software, then such taxes shall be billed to and paid by Customer. This shall not apply to taxes based solely on AI Palette’s income.Customer shall take such reasonable steps as may be necessary to make payment of amounts due AI Palette hereunder free of any deduction or withholding tax. AI Palette shall take reasonable steps to assist Customer in this regard, including compliance with the procedures for claiming relief under applicable provisions of applicable tax treaties, if any, provided that such steps are not prejudicial to AI Palette’s tax liability in any jurisdiction. If Customer nevertheless is required by law to make any deduction, or withhold from any sum payable to AI Palette by Customer hereunder, then the sum payable shall be increased to the extent necessary to ensure that, after such deduction or withholding, AI Palette receives and retains a net amount equal to the amount AI Palette would have received and retained in the absence of such required deduction or withholding.
Notwithstanding anything contrary contained in these Terms of Use, the Company shall not refund any fees upon termination of these Terms of Use for any reason whatsoever. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
While availing the payment method available on the Site, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the you due to:
1. Lack of authorization for any transaction(s);
2. Exceeding the pre-set limit mutually agreed by you and between bank/s;
3. Any payment issues arising out of the transaction;
4. Rejection of transaction for any other reason(s) whatsoever.
You acknowledge that the Company will not be liable for any damages, interests, claims, or losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/transaction amount which is beyond the control of the Company.
USE OF THE SITE
Subject to your acceptance of the Terms of Use and on payment of the required fees, you are granted non-exclusive, non-assignable, royalty free right to view, access and use the Site solely for your internal use. You may allow your employees, vendors and other identified third parties (“Authorized Users”) to use the Site and you shall be responsible for your Authorized Users’ compliance.
On receipt of the fees, Company shall grant you, administrative user name and password (“Login”) for your account to enable you to use the Site and access its customized dashboard. The Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
Access and use of the services made available on the Site is restricted to the specified number of individual Authorized Users permitted under your subscription to the Site. You shall be responsible for the confidentiality of the Login allotted to you. You shall ensure that the Login details are not shared with any third party. In any event, unless you notify the Company in writing of any unauthorized use or suspicious activity in your account, you will be fully responsible for all activities that occur under your account and the Company will not be responsible for any loss or damage caused to you due to such unauthorized use of the Site.
CANCELLATION AND TERMINATION OF ACCESS
All purchases are non-refundable unless otherwise agreed with us in writing. Subject to any other terms that may be agreed between you and the Company, you can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at billing@aipalette.com or call us at +65 90575170.
Unless otherwise agreed with us in writing, the Company, in its sole discretion, may terminate your access to the Site for any reason or no reason, including your violation of these Terms of Use or lack of use of Site or failure by you to pay fees in a prescribed manner by the Company. You acknowledge that, unless otherwise agreed with us in writing, the termination of access to the Site may be affected without any prior notice, and the Company may immediately deactivate or delete the Login and all related information and/or bar any further access to the Login or the Site, subject to applicable law.
The disclaimer of warranties, the limitation of liability, the governing law provision, and any other provisions which by their nature should survive termination, shall survive any termination of these Terms of Use.
PROHIBITED ACTIVITIES
You or your Authorised Users may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
3. Make improper use of our support services or submit false reports of abuse or misconduct.
4. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
5. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
6. Use any information obtained from the Site in order to harass, abuse, or harm another person.
7. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise or for the benefit of a third party.
8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
9. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
13. Upload or transmit (or attempt to upload or to transmit) viruses, tTrojan horses, malware, time bombs, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
15. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
16. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
17. Use the Site in a manner inconsistent with any applicable laws or regulations, these Terms of Use, documents that may be posted on the Site and/or are entered into with the Company with respect to your use or access of the Site or in any unlawful manner, including but not limited to violation of any person’s privacy rights.
18. Make the services (including the Site and reports or data extracted therefrom) available to any third party, other than the Authorized Users in furtherance of the purpose that you have subscribed to the services under these Terms of Use.
19. Use the Site to process data on behalf of any third party other than the Authorized Users.
20. Falsely imply any sponsorship or association with the Company.
21. Use the Site to send unsolicited communications, junk mail, spam, pyramid schemes or other forms of duplicate or unsolicited messages.
22. Use the Site to store or transmit any content that infringes upon any person’s intellectual property rights.
23. Use the Site to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory.
24. Establish a link to the Site or otherwise in such a way as to suggest any form of association, approval or endorsement on the Company’s part, where none exists.
25. Commercially exploit the data received through use of the Site itself, without prior written consent of the Company or try to use, or use the Site in violation of these Terms of Use, documents that may be posted on the Site and/or are entered into with the Company with respect to your use or access of the Site.
You agree not to, and cause the Authorized Users to not, host, display, upload, modify, publish, transmit, store, update or share any information that:
1. belongs to another person and to which you do not have any right, except as expressly provided in these Terms of Use.
2. is obscene, pornographic, pedophilic, invasive of another person’s privacy, including bodily privacy, insulting, or harassing on the basis of religion or gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence.
3. is harmful to minors.
4. infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy.
5. impersonates another person.
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue, and misleading in nature.
7. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
8. is in the nature of an online game that is not verified as a permissible online game.
9. is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
10. threatens the unity, integrity, defence, security or sovereignty of India (if applicable to you), friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States.
11. violates any law for the time being in force.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to view,access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You grant to the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to incorporate into the services, Site or otherwise use any suggestions, enhancement requests, recommendations or other feedback you share with the Company.
The Company shall have the right to use your name and/or trademark/logo in any sales or marketing materials, communication or advertisement in pursuance of these Terms of Use, and you grant the Company a royalty-free, fully paid-up, worldwide, non-exclusive license to use the same for the purposes identified hereinabove.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern such action. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
INDEMNIFICATION AND LIMITATION OF LIABILITY
(1) Indemnification
You agrees to indemnify, defend, and hold harmless the Company, its affiliates and their respective officers, directors, agents, and employees (each, an “Indemnitee“) from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments (each, a “Claim”, and collectively, the “Claims“), which may be suffered by, incurred by, accrued against, charged to, or recoverable from any Indemnitee, by reason of any Claim arising out of or relating to any act, error or omission, negligence, or misconduct by you, your officers, directors, agents, employees, and subcontractors, during the performance of the services, including, without limitation, Claims arising out of or relating to any material misrepresentation or breach of warranty of any representation or warranty; or any material breach of any covenant set forth in these Terms of Use, documents that may be posted on the Site and/or are entered into with the Company with respect to your use or access of the Site; provided, however, that the foregoing indemnity shall not apply to the extent that the applicable Claim resulted from the acts or omissions of an Indemnitee.
(2) Limitation of Liability
You hereby acknowledge that the Company shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. The Company shall also not be liable under any circumstances for damages arising out of or related in any way by your inability to access, or your difficulty in accessing the Site, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site or by any third party, any loss of your data, any claim relating to your data or content from the Site or your failure to keep the Login details secure and confidential. In no event shall the Company’s liability exceed the fees paid by you to the Company, for the last 3 consecutive months, prior to the date of any such Claim.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COMPANY ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE ACCURACY OR COMPLETENESS OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS,OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE OR CONTENT SHALL CREATE ANY WARRANTY.
TO THE FULL EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE), FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF USE OF THE SITE.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use, documents that may be posted on the Site and/or are entered into with the Company with respect to your use or access of the Site; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, documents that may be posted on the Site and/or are entered into with the Company with respect to your use or access of the Site, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site; (6) in our sole discretion provide updates, bug fixes, corrections, modifications, enhancements, upgrades, and new releases to the Site and any such modified features or enhancements added to or augmenting or otherwise modifying the services will also be subject to the terms of these Terms of Use; and (7) the Company shall use commercially reasonable efforts to notify you in advance of all non-emergency maintenance, for instance, planned downtime for upgrades and maintenance (“Planned Downtime”), to be performed on the Site. The Company shall endeavor to schedule such Planned Downtime during weekends (Singapore time zone) and other off-peak hours. You agree that the Company shall not be held responsible for your inability to use the Site, if such lack of access results from Planned Downtime or a Force Majeure event or conditions beyond reasonable control. The term “Force Majeure” shall mean any acts of God, civil or military authority, war, riots, civil disturbances, accidents, fire, earthquake, floods, strikes, lock-outs, labor disturbances, foreign or governmental order that may cause a breach, delay or failure in performance of our services or interruption of services. It is expressly understood and agreed that for the purpose of provision of the services, “conditions beyond reasonable control” shall include any break-down, non -availability/partial availability of data or any technical errors in the Site or any software in connection therewith or other dysfunctionality of or where the underlying data has not been updated or if there is a slow-down in real time updates or updates are unavailable, erroneously updated or partially available, in any third party’s records, where such data is sourced from any websites hosted by such third party, non-retrievability of such data in the stipulated time frame due to the servers of such website(s) being down and/or slow (due to increase in traffic or for any other reason); or in the event the website is shut down / dysfunctional or discontinues services or for any other reason whatsoever, which may in any way prevent, restrict or interfere with or otherwise adversely affect, the provision of the services by the Company. It is further agreed and understood that in the event of disagreement as to what would constitute “conditions beyond reasonable control”, the decision of the Company shall be final and conclusive in this regard.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of Singapore. The place of jurisdiction shall exclusively be in Singapore. In the event of any dispute arising out of these Terms of Use the same, failing amicable resolution through mutual negotiations, shall be referred to and settled by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this paragraph conducted by sole arbitrator, mutually decided by the disputing parties. If the disputing parties cannot agree on an arbitrator, each disputing party shall appoint an arbitrator and the arbitral panel shall consist of 3 arbitrators, one to be appointed by each disputing party and the third to be nominated by the 2 appointed arbitrators. The third arbitrator shall serve as chairman of the panel. The decision of the arbitrator(s) shall be final and binding upon the parties present in these Terms of Use. The seat of arbitration proceedings shall be Singapore. All arbitration proceedings shall be conducted in English.
AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms of Use consent to the receipt of communication from the Company by way of Short Message Service (SMS) messages, e-mails, promotional and marketing calls, and newsletters. These communications could relate to promotions that are undertaken by the Company and its third-party partners.
WAIVER
The failure of the Company at any time to require performance any provision of these Terms of Use shall in no way affect the Company’s right to enforce such provisions, nor shall the waiver by the Company of any breach of any provision of these Terms of Use be taken or held to be a waiver of any further breach of the same provision.
ASSIGNMENT
You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms of Use or your rights under these Terms of Use, or delegate performance of our duties under these Terms of Use, without our written prior consent. Notwithstanding the foregoing, subject to this provision herein, you may, with prior notice to us, assign these Terms of Use in connection with any merger or change of control of you or the sale of all or substantially all of your assets, provided that any such successor agrees to fulfill its obligations pursuant to these Terms of Use. We may assign these Terms of Use to any of our affiliates or in connection with any merger or change of control or the sale of all or substantially all of our assets as we may deem fit.
CUMULATIVE REMEDIES
All rights and remedies of the Company shall be in addition to all other rights and remedies available at law or in equity and temporary and permanent injunctive relief.
GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Ajeet Singh
Email: grievanceofficer@aipalette.com
Phone No: +91- 6364461970
For registering your complaint, please contact the Grievance Officer at the above-mentioned details in relation to any violation of these Terms of Use or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
HOW TO CONTACT US
If you have questions or concerns about these Terms of Use, please contact Company at the following email address: info@aipalette.com
