SENTIMO TRIAL WEB SERVICE END-USER AGREEMENT
Exploit Technologies Private Limited ("ETPL") is authorized to make available the SentiMo trial web service ("Trial Service") based on the SentiMo RESTful API/SDK/SaaS ("Software") by the owner of the Software ("Owner"). By completing and submitting the registration form for participation in the Trial Service and clicking on the "ACCEPT" button which follows this End-User Agreement (this "Agreement"), you agree to be bound by the terms and conditions of this Agreement that will govern your use of the Trial Service. The Trial Service is made available to you at no cost. If you do not agree to the terms and conditions of this Agreement, please do not proceed.
1. Rights of Use
1.1 This Trial Service is provided solely for your internal, non-commercial and educational purposes only ("Purpose"). You may, at any one time, access the Trial Service over the web from only a single computer that is under your control and use the Trial Service in connection with the unique account assigned to you. You may not share your account username and password with others or use anyone else's account username and password.
1.2 You may not use the Trial Service on behalf of third parties, to operate your own sentiment analytics application or service, or to resell or transfer any part of the Trial Service and/or its functions thereof.
2.1 This Trial Service shall expire in 30 days from the date of acceptance of this Agreement ("Term"), unless otherwise extended or terminated at ETPL's sole discretion. Upon termination or expiry of the service, your account will be deactivated and you will no longer be able to access the Trial Service.
2.2 This Agreement will be come into effect from the time you agree to the terms herein, and will terminate upon expiry of the Trial Service, or immediately upon your failure to abide by any of the terms of this Agreement (whichever is earlier). ETPL and/or the Owners reserve the right to terminate this Trial Service and consequently, this Agreement with all users at its sole discretion upon 14 days' notice published on the website hosting the Trial Service.
3.1 The Owner shall at all times retain ownership of the Software used to provide the Trial Service. All information made available to you in relation to and/or through your use of the Trial Service ("Trial Service Related Information") remains the property of ETPL, the Owner, and/or the Owner's affiliates. Save as expressly agreed to herein, ETPL, the Owner and the Owner's affiliates do not grant any implied or express licence or right under any patents, copyrights, or in any know-how or other proprietary rights owned by them nor any rights to use the Trial Service, Trial Service Related Information or any product or process related thereto for any purposes except for the Purpose for the Term.
4.1 This Trial Service is provided "as is" and with no representations, conditions or warranties. Without limiting the generality of the foregoing, to the fullest extent permitted by law, ETPL, the Owner and their affiliates hereby disclaim any warranty, express or otherwise implied:
(i) as to the reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose or satisfactory quality of the Trial Service or anypart thereof; and
(ii) the Trial Service will meet your requirements, or that the operation of the Trial Service will be uninterrupted or error-free, or that defects in the Trial Service will be corrected, or that the Testbed is and will be free of all viruses, worms and/or other harmful or invasive elements, or that the Submitted Data Files and/or Returned Data Files will be free from any loss, damage or misappropriation.
4.2 If ETPL is notified of significant errors in the Trial Service or the Software used to provide the Trial Service, it will reasonably attempt to correct any such demonstrable errors in the Trial Service within a reasonable time.
4.3 You warrant that you own all Submitted Data Files, or that if any Submitted Data Files belong to a third party, you have obtained the necessary authorisation or licence to use them in this Trial Service. You are solely responsible for Your Submitted Data Files and for complying with all applicable copyright and other laws, including any applicable personal data protection laws and import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Submitted Data Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. You shall also ensure that your submitted Data Files are anonymized and do not contain any personal data as defined in the Personal Data Protection Act 2012. You are responsible for maintaining appropriate security and protection of Your Submitted Data Files.
4.4 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
4.5 You shall use the Trial Service at your own risk and in no event will ETPL or the Owner be liable to you for any loss or damage of any kind (except personal injury or death resulting from ETPL's or the Owner's negligence) including loss of profits or other consequential loss arising from your use of or inability to use the Trial Service, or from errors or deficiencies in it whether caused by negligence or otherwise except as expressly provided herein.
5. Other Terms
5.1 You acknowledge and agree that ETPL has the full discretion in deciding whether or not to provide you with an account to access the Trial Service, and that your account may be terminated by ETPL and/or the Owner at will. ETPL and/or the Owner shall have no liability whatsoever to you in respect of such suspension or termination.
5.2 ETPL reserves the right to modify the terms and conditions of this Agreement by amending the same at its discretion, and any new versions shall be effective immediately upon release on the website hosting the Trial Service. ETPL will reasonably endeavor to bring new versions of this Agreement to your attention when you access your assigned account for the Trial Service. You will be deemed to have notice of, and agree to any such new terms and conditions.
5.3 The laws of Singapore shall govern this Agreement and parties agree to submit to the non-exclusive jurisdiction of the Singapore courts regarding any and all disputes relating to this Agreement and/or use of/access to the Trial Service.