Terms & Conditions
AI Software as a Service (Saas) Terms of Use
Overview
- This online enterprise inspection and reporting platform https://divex.oceansai.tech is maintained and owned by oceans.ai Pte. Ltd. (“oceans.ai”).
- .These Terms of Use form a legally binding agreement between you and oceans.ai, and govern your use of and access to the Platform and the Services (including DIVE-X) (all defined below). These Terms of Use highlight your respective legal rights and obligations when using and/or accessing the Platform and/or Services. Please read the Terms of Use carefully (including the Privacy Policy ) before using this Platform and/or Services. By using and accessing this Platform and/or Services, you agree to be legally bound by these Terms of Use. Please do not use or access this Platform and/or Services if you do not agree to any of these Terms of Use.
- Services provided via this Platform include, without limitation:
the use of oceans.ai’s proprietary deep learning Digital Inspection Visual Engine, an enterprise inspection and reporting platform and AI data processing tool kit (“DIVE-X”),provided as a Software as a Service (Saas) for the purposes of visual data processing services and visual inspection solutions, including inspecting, identifying, tagging, annotating, and reporting of visual defects; and exporting the data in AI-friendly formats for AI processing.
all other related services provided by oceans.ai and its agents and/or employees,(collectively, the “Services”). - The terms “you” and “your” in these Terms of Use shall mean the business entity on whose behalf you are using the Services and/or entering into this Agreement (“Business Entity”)”), unless the context does not permit. By using the Platform and/or the Services, you hereby represent and warrant that you are duly authorised to act on behalf of the Business Entity, and that these Terms of Use are binding upon the Business Entity.
- These Terms of Use are not exclusive from any other agreement on this Platform. Additional terms, conditions and notices may also be posted in such other areas or sections of this Platform, and together with these Terms of Use, govern your access and usage of the Platform and Services provided. These Terms of Use, together with such applicable additional terms and conditions, are referred to as this“Agreement”.
- These Terms of Use apply to all users of the Platform and Services. Any breach of these Terms of Use by you may result in immediate termination or suspension of your account without prior notification.
Licence
- Subject to your compliance with these Terms of Use, oceans.ai hereby grants you a limited, revocable, non-exclusive, and non-transferable right to access the Platform via a designated web browser and use the Services including DIVE-X through such access, solely for your internal business purposes.
- In using the Platform and/or the Services, you agree:
- to comply with all notices, guidelines, rules and instructions pertaining to the use of the Platform and/or the Services as issued in writing by oceans.ai from time to time, and any operating rules or policies that may be published from time to time by oceans.ai.
- to abide by all applicable rules, laws, regulations, or guidelines in connection with your access to or use of the Platform and/or Services.
- not to permit or grant access to the Platform and/or Services to any third party, other than as expressly permitted under this Agreement.
- not to, without the prior written approval of oceans.ai, copy or reproduce Platform and/or Servicesby any means or in any form, or modify, reproduce, adapt, or publicly distribute any materials or content on this Platform.
- not to reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Platform and/or Services.
- not to modify, translate, or create derivative works based on any element of the Platform or Services.
- not to rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Platform and/or Services.
- not to use the Platform for timesharing purposes or offer on a “pay-per-use” basis or otherwise for the benefit of any person or entity.
- to comply with all applicable data protection and privacy laws, including the Personal Data Protection Act 2012 (“PDPA”).
- that you have obtained all relevant and necessary consents before posting, providing, or submitting the personal data of third parties.
- not to attempt to obtain unauthorised access to the Platform and/or the Services, or to hack, compromise or tamper with the security or security features of the Platform and/or Services, including:
- not to deliberately interfere with or hamper the working and performance of the Platform and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Platform and/or Services.
- not to use any cheats, exploits, hacks, bots, mods or third party software designed modify or interfere with the Platform and/or Services.
- not to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by oceans.ai to protect the Platform, Services, the DIVE-X, and/or intellectual property owned by oceans.ai, or attempt to do any of the foregoing; and
- not to use the Platform or Services for any purpose other than the purposes for which they are provided by oceans.ai.
Uploaded Data
- By making available anytext, data, information, graphics, images, photos, and any other content uploaded, transmitted, or submitted on or through thePlatform (“Uploaded Data”), you hereby grant to us, for the purpose of operating the Platform and providing the Services, and any other services to be provided by oceans.ai to you, a worldwide, non-exclusive, sublicensable, and royalty-free licence to use, modify, reproduce, and/or process any Uploaded Datain the Platform, whether now known or hereinafter developed, without the requirement to make any payment to the you or to any third party, or the need to seek any third party permission.
- In addition, you agree that oceans.ai shall have the right to use, modify, reproduce, and processUploaded Data(other than personally identifiable information) in individual or aggregate form (a) to the extent and in the manner permitted by all applicable laws or regulations, including the PDPA, and (b) with your prior consent,for purposes of deep machine learning and improvement of artificial intelligence; data gathering, analysis; and service enhancement for the benefit of oceans.ai clients; provided that oceans.ai shall not advertise, market or otherwise disclose to any third parties your name or logo, without your prior written approval.
- You acknowledgeand agree that you are solely responsible for all Uploaded Data that you makeavailable on or through the Platform and/or Services, including any Uploaded Datauploaded to be processed by DIVE-X. Accordingly, you agree, represent, and garant that:
– you are either the sole and exclusive owner of all Uploaded Data that you makeavailable on or through the Platform and/or Services, or that you have all rights, licences, consents, and releases that are necessary to provide oceans.ai with the Uploaded Data, including for use in performing the Services or any other services to be provided by oceans.ai to you hereunder, including for the purposes set out in Clauses 4.1 and 4.2.
– any information you post to or transmit through the Platform:
– is truthful, accurate, valid, complete, up to date, not misleading, and offered in good faith, and that you have the right to post or transmit such information; and
– complies with all applicable laws, regulations, permits, and approvals.
– the Uploaded Data, your posting, uploading, publication, submission, or transmission of the Uploaded Data (or any portion thereof) on, or via the Platform and/or Services do not contain any content, information, data and/or material that:
– is unlawful, infringing, or false;
– is an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law, intellectual property rights, or other rights of any third party;
– contains viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Platform or any computer; and without the relevant third party owners’ permission, contains any links to third party websites or use of any third party trade marks. - You undertake that you shall maintain updated backups of all data (including Uploaded Data) which you upload to the Platform.
Security
- oceans.ai will deploy reasonable security precautions intended to protect against unauthorised access to any of Your Data stored by oceans.ai in connection with your operation of the Platform. oceans.ai will exercise reasonable efforts to deploy corrections within the Platform for security breaches made known to oceans.ai. You may not circumvent or otherwise interfere with any user authentication or security of the Platform.
- You acknowledge that, notwithstanding the security precautions deployed by oceans.ai, the use of, or connection to, the In ternet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Platform and Your Data. oceans.ai cannot and does not guarantee the privacy, security, integrity or authenticity of any information transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
Services and Exported Data
- As part of the Services offered by us, Uploaded Data submitted by you onto the Platform can be processed using Ocean.ai’s proprietary DIVE-X, which enables you to process data.
- In order for DIVE-X to process your Uploaded Data, you must provide a list of identifiers of defects(“Identifiers”) to be submitted to the Platform. Depending on the Identifiers submitted by you (including the type, quality, quantity, and specificity of Identifiers), DIVE-X will perform the requested processing of your Uploaded Data, and will generate export data identifying visual defects in the Uploaded Data, based on the list of Identifiers submitted by you (“Exported Data”). You agree that the accuracy, quality and comprehensiveness of the Exported Data shall be dependent on the Identifiers submitted by you. Hence, oceans.ai provides no representations or warranties in relation to, and shall not be liable for, any defects that were not identified in the Exported Data.
- Each account is issued with such amount of free credits as may be specified by oceans.ai in its sole discretion from time to time (“Free Credits”). Each defect identified in the Exported Data requires one credit – hence, no fees will be charged for the number of defects identified in the Exported Data equivalent to the number of remaining Free Credits in your account. However, if the number of defects identified in the Exported Data exceed the number of remaining Free Credits in your account, you may optionally pay additional fees to purchase more credits, which will allow you to view the full Exported Data containing all identified defects as set out at Clause 7 below (“Credit Fees”). If you do not purchase additional credits, you may only view the number ofdefects identified in the Exported Dataequivalent to the number of remaining Free Credits in your account.
Payment
- Any fees, costs, and other amounts payable for the Platform and/or the Services under this Agreement as specified from oceans.ai including the Credit Fees “(Fees“), are payable as set out in this Clause 7 and such other terms as may be specified by oceans.ai on the Platform from time to time, and may be revised or modified by oceans.ai in its sole discretion from time to time.
- Please note that all payments and related payment information shall be handled by our third party payments service provider. Our current payment service provider is Stripe, whose website may be accessed at the following link: https://stripe.com/en-sg. We will not store any payment information provided by you.
- All Fees payable under this Agreement by you to oceans.ai shall be in United States Dollars and shall be paid by credit card and such other mode of payment as may be designated by oceans.ai from time to time. All bank charges, if any, shall be borne by you. Any required currency conversion shall be made at the exchange rate prevailing at the time of accr ual, as quoted by the bank, card company, or any other source as designated by oceans.ai to you from time to time.
- All taxes, including goods and services tax and value added tax, in respect of any amounts due under this Agreement or any other payments which are to be made by you to oceans.ai, shall be borne by you.
- oceans.ai shall be entitled (but not obliged) to set-off and deduct any sums due from you to oceans.ai against any amounts due or to become due from oceans.ai to you under this Agreement or any other contract with oceans.ai.
- oceans.ai reserves the right to cancel, terminate, or suspend your account and/or your access to and use of the Services in its sole and absolute discretion, in the event of any failure by you to make full payment of any sum(s) due from you to oceans.ai by their respective due dates as stated on Ocean.ai’s invoices.
- Please note that all Fees paid under this Agreement including Credit Fees shall not be refundable for any reason (including but not limited to the termination, deletion, or suspension of your account) and that any unused credits or Free Credits cannot be encashed or transferred to another account.
Amendments and Modifications
- oceans.ai has absolute and unfettered discretion from time to time, but shall not be obliged to:
make upgrades, changes, alterations, enhancements, and/or modifications to the Platform and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software; and
modify, change, update, or revise these Terms of Use, including any Fee structure and other features;
remove, discontinue, suspend, or terminate the whole or any portion of the Platform and/or Services;
impose restrictions on certain features or restrict your access to parts of the entire Platform or Services,
oceans.ai shall not be liable for any Loss arising as a result of or in connection with any loss of or interruption in the access of the Platform and/or use of the Services due to any Changes.
- Any amendments to these Terms of Use will apply and take effect immediately at the time they are published on this website. It is your responsibility to remain updated on any changes that may be made to the relevant Terms of Use, which shall be updated on the following website from time to time. You shall be deemed to have accepted and affirmed the amended or modified Terms of Use by your continued use of the Platform and Services following any change to the Terms of Use. oceans.ai will not in any event be liable for any Loss resulting from any amendment(s) or modifications to these Terms of Use.
- oceans.aishall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software as it deems necessary or appropriate for your access and connectivity to the Platform or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you acceptthat you may not be able to obtain access and connectivity to the Platform and/or the use of the Services.
Intellectual Property
- Any and all intellectual property rights embodied in or relating to or used in connection with in the Platform, the Services, DIVE-X, the Exported Data, and all materials and works comprised in or relating thereto, with the exception of the Uploaded Data, including without limitation:
– all trade marks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by oceans.ai, whether or not the aforesaid were incorporated into the Platform;
– HTML, WML, Java, CGI scripts, javascript and/or all other forms of computer code employed in the design, creation and posting of the Platform on the Internet, and all updates and derivative works thereto;
_ all computer programs, modules, algorithms and/or tools relating to DIVE-X (including the source codes and the object codes, and all documentation, concepts, database, dataand methodologies thereof);
_ the graphical user interfaces relating to the Platform;
_ the compilation, collection, arrangement and assembly of all data, information and content on the Platform and in the Exported Data; and
any other proprietary designations or materials used in association with the Platform and the Services, (collectively “OA Materials“), are the property of oceans.ai, its licensors and/or its affiliates, (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. No part or whole of any OA Materials or the Platform may be copied, reproduced, published, modified, adapted, uploaded, posted, transmitted, distributed, or commercially exploited in any way without the prior written consent of the Owner.
- Any and all intellectual property rights embodied in or relating to the Uploaded Data are the property of you, your licensors and/or your affiliates and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. No part or whole of any Uploaded Data may be copied, reproduced, published, modified, adapted, uploaded, posted, transmitted, distributed, or commercially exploited in any way without the prior written consent by you.
Indemnity
- By using thePlatform and/or Services, you agree to indemnify, hold harmless, and defend oceans.ai, its affiliates, officers, directors, employees and agents, from and against any and all Lossincurred, arising out of or relating to:
- your access to, reliance on, and/or use of the Platform, Services,Exported Data,and/or OA Materials;
- any claims by any third parties, and any claim that your access to, reliance on, and/or use of the Platform, the Services, Exported Data, and/or OA Materials, caused Loss, damage, injury or death to a third party;
- any violation of any third party right by you, including without limitation any intellectual property, or unauthorised disclosure of any proprietary information of oceans.ai;
- any other liabilities incurred through your access to, reliance on, and/or use of the Platform, Services, Exported Data, and/or OA Materials;and/or
- any breach of this Agreement, including without limitation Clauses 3,4, and 12.
- The above indemnification obligation will survive the expiry or termination of this Agreement, and your access to, reliance on, and/or use of the Platform, Services, Exported Data, and/or OA Materials.
Warranties
- To the fullest extent permitted by applicable law, oceans.ai, its affiliates, licensors, and their respective directors, officers, agents, and employees (collectively, the “OA Parties“) expressly disclaim all warranties or undertakings of any kind, whether express or implied, including, but not limited to:
- any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the Services, Platform, the Exported Data, or any information and materials provided through the same.
- any warranty, undertaking, or representation of any kind that the Platform, Services, and Exported Data will meet your requirements, expectations, or specifications, achieve any intended results, or becompatible or work with any other software, applications, systems or services. You acknowledge and agree that thePlatform, Services and Exported Data are not intended to meet any of your specific requirements, and any such request for specific requirements shall be subject to separate terms to be agreed in writing with oceans.ai.
- oceans.ai will use reasonable efforts to keep the Platform and Services operational. However, certain technical difficulties and/or maintenance may, from time to time, result in temporary interruptions or downtime. Neither oceans.ainor any other OA Party warrants uninterrupted use, operation, or availability of the Platform and/or Services, or that any submission or transaction request you attempt using the Platform or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You acknowledge and agreethat the Services and the Platform may have errors and may encounter unexpected technical problems from time-to-time, and that you may experience downtime and errors in the operation, functionality or performance of the Platform and/or the Services.
- oceans.aidoes not warrant, endorse, guarantee or assume responsibility for any third party information, materials, content, or any other product or service produced or provided by a third party. Consequently, oceans.aiwill not be responsible for any transaction between you and third party providers of third party products, and/or services, or for any acts or omissions of such third parties.
- No advice or information, whether oral or written, obtained by you from oceans.aior any other OA Partythrough or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
- You acknowledge and agree that:
- your use of the Platform and/or the Services, including, without limitation, your use of any Exported Data or intellectual property owned by oceans.ai, is at your sole risk;
- thePlatform, Services, all Exported Data and all OAMaterials are provided on an “as is” and “as available” basis;
- oceans.aiendeavours to ensure, but does not guarantee that the content displayed on thePlatform or in the Exported Data will be accurate or up to date. In particular, you acknowledge and agree that the Platform relies on artificial intelligence processing and may contain false positives or false negatives, depending on the quality and accuracy of the Uploaded Data and the Identifiers, and the duration and amount of deep learning acquired by the Platform at the relevant time.As such, oceans.ai is not liable for anyLosssuffered arising out of or due to your reliance on any results or information provided by the Platform, Services, or any Exported Data;
- oceans.aiendeavours to ensure, but will not be able to ascertain the accuracy, quality, or reliability of anyresults, information,or materials posted on thePlatformor in the Exported Dataand will not be held liable for any Loss suffered by you arising out of or due to any errors or inaccuracies on thePlatform or in the any Exported Data;
- oceans.ai is not liable for any viruses, spyware, defects, errors, malfunctions to computers that arises out ofyour usage of thePlatform or the Exported Data;
- oceans.ai is not liable for any reliance on any information, opinions or views expressed by oceans.aion the Platform or the Exported Data;
- the above disclaimers and limitation are required for oceans.ai to provide you and other users with the full and complete Services requested and enable the Services to be provided to you.
Confidentiality
- Each Party (“Recipient”) shall treat as confidential all data and information relating to the business and other operations of the other Party (“Owner”) and all other information whatsoever obtained by it pursuant to or by virtue of this Agreement in any form or medium (including written, electronic or verbal), including but not limited to all documents, materials, and information marked as “confidential” and whether or not such data and/or information is contained or embodied in the Platform (“Confidential Information“). For the avoidance of doubt, all data in and information relating to the Platform, the Services, DIVE-X, the OA Materials, and including the terms of this Agreement, shall without any limitation, be included as the Confidential Information of oceans.ai, and you shallnot use such Confidential Informationfor any purpose other than your internal reference and internal business purposes.
- The Recipient shall not divulge any Confidential Information to any person (except to its own employees and then only to those employees who need to know the same) without the Owner’s prior written consent. Provided that this clause shall not extend to information which was rightfully in the possession of the Recipient prior to the commencement of the negotiations leading to this Agreement, or which is already public knowledge or becomes so at a future date (otherwise than as a result of the Recipient’s breach of this clause). The Recipient shall not use any Confidential Information except for the purpose of performing any obligation or exercising any right under this Agreement.
- The Recipient will establish and maintain sufficient security measures and procedures to provide for the safe custody of Confidential Information and to prevent unauthorised access thereto or use thereof.
- The Confidential Information is hereby acknowledged as confidential by Parties, and may be disclosed by the Recipient if and only if:
- required by law or order of a court of competent jurisdiction or government department or agency with valid authority; or
- permitted under this Agreement, and to such extent only as is necessary for the purposes contemplated by this Agreement, or as is required by law, and subject in each case to the Recipient using its best endeavours to ensure that the person in question keeps the Confidential Information confidential and does not use it except for the purposes for which the disclosure is made.
Termination
- Notwithstanding any other provision in this Agreement to the contrary, oceans.aireserves the right, without notice or cause and in its sole discretion, to terminate this Agreement.
- oceans.aireserves the right to cancel, terminate, and/or suspend your access to and use of the Platform, Services, and/or your account at any time at its sole and absolute discretion without notice or justification, and/or terminate this Agreement, including without limitation in the event of unauthorised, or suspected unauthorised use of the Platform and/or the Services, whether in contravention of this Agreement or otherwise. oceans.aireserves the right to consequently reject or cancel any transactions or requests associated with you and your account.
- Any suspension, termination or other action by oceans.aiset out in these Terms of Use will not limit any other remedies oceans.aimay have against you at law or equity.
Effect of Termination
- Upon termination of this Agreement, the Services, or your account, for any reason, you will lose all access to your account, and to any content, materials or information relating to it. Subject to the applicable laws, oceans.aiwill have no obligation to maintain any information stored in its database related to your account, or to forward any information to you or any third party.
- Upon termination of this Agreement, the Services or your account, oceans.aiwill have no further obligation to provide the Services, and all licences and other rights granted to you under these Terms of Use will immediately cease. oceans.aiwill not be liable to you or to any third party for such termination and cessation.
- Any suspension, termination or cancellation of this Agreement, the Platform, Services, or your account will not affect any of your obligations to oceans.aiunder these Terms of Use which by their meaning and context are intended to survive such suspension, termination or cancellation.
Limitation of Liability
- To the fullest extent permitted under applicable law, under no circumstances, including but not limited to negligence, shall oceans.aibe liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if oceans.ai has been advised of the possibility of these damages), resulting from your access to or use of, or your inability to access or use, the Platform, Services, any Exported Data, or any OA Materials, nor shall oceans.aibe responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond oceans.ai’s reasonable control, including but not limited to acts of God, communications failure, global positioning failure, theft, destruction, or unauthorised access to oceans.ai’s records, programs, or services.
- In the event that oceans.ai is liable for damages despite the foregoing provision, you agree that oceans.ai’s aggregate liability to you for any and all causes of action in relation to the Platform, Services, Exported Data, or any OA Materials, and this Agreement, shall not exceed the total amount of fees and charges paid by you to oceans.ai for the Services for the one (1) month] period immediately preceding the date on which such liability arose.
General
Notices
- Any notice, demand or other communication sent by oceans.ai shall be sent to the email address notified by you, and you shall be responsible for ensuring that the email address provided is correct and current.
- Any notice, demand or other communication sent by oceans.ai shallbe deemed to have been received by you:
- if personally delivered, at the time of delivery;
- if sent by post, five days after the date of posting;
- if by email, two days after the date and time of transmission directed to the email address notified by you, unless oceans.aireceives a non-delivery or error message indicating that the email was not successfully sent to the recipient’s mailbox or mail server.
Entire Agreement
This Agreement constitute the entire agreement between you and oceans.ai, and supersedes any prior agreements, undertakings, representations, and warranties in relation to the Platform, and/or the Services, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of this Agreement in any written or oral communication from you to oceans.aiare void unless agreed to in writing by oceans.ai. You agree and accept that you have not accepted this Agreementin reliance of or to any oral or written representations made by oceans.aiwhich are not contained in this Agreement.
Waiver & Remedies
- No failure or delay or partial exercise by any party in exercising that party’s rights, power or remedies under this Agreement shall operate as a waiver of that or any other right, power or remedy of that party unless that party has waived its rights, powers or remedies in writing.
- No waiver of any party’s rights, powers or remedies in respect of a breach of this Agreement by any other party shall be:
- effective unless made in writing and signed by the party making the waiver;
- deemed to be a waiver of any subsequent breach of that or any other provision of this Agreement.
Force Majeure
- Neither party shall be liable for non-performance, error, interruption or delay in the performance of its obligations, in the operation of or access to the Platform, in the provision of the Services (or any part thereof) if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control which includes without limitation:
- flood, lightning, acts of God, fire, earthquakes and other natural disasters;
- judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact;
- power failure, acts or defaults of any telecommunications network operator, circumstances where communications lines for any party’s computer system or data centre (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers; and/or
- acts or omissions of any third party service provider.
Severability
If, at any time, any provision or any part of a provision of this Agreement becomes illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions and the remaining part of that provision of this Agreement shall not be affected.
Rights of Third Parties
A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
No Assignment
The rights and duties created by this Agreement are personal to you. Accordingly, unless otherwise permitted under this Agreement, this Agreement or any part or obligation or right thereof shall not be sold, conveyed, transferred, assigned, sub-licensed, delegated, sub-franchised or given as security without the prior written consent of oceans.ai, which may be withheld at its sole discretion, or granted subject to conditions. Any such attempt to sell, convey, transfer, assign, sub-license, delegate, sub-franchise, or give as security shall be a material breach of this Agreement by you which is incapable of remedy.
Governing Law & Jurisdiction
- This Agreement shall be governed by and construed in accordance with Singapore law.
- The parties hereby submit to the exclusive jurisdiction of the Singapore courts.
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