1. Definitions
"Customer": Any legal entity that creates an account on the Supplier's website for access to and use of the Services.
"Customer Data": All electronic data, text, messages, communications, or other materials submitted by the Customer through the Services, excluding content provided by the Supplier.
"Services": All offerings provided by the Supplier to the Customer, including the Levit8 AI application, technical support, and related services.
2. Service Provision
The Supplier grants the Customer a non-exclusive right to access and use the Services during the Term, in accordance with this Agreement and applicable laws.
The Supplier employs robust security measures for data hosting and follows industry best practices to ensure data security.
Monetary transactions related to the Services shall be processed through secure payment gateways, with accepted methods including major credit and debit cards.
3. Customer's Obligations and Use of Services
The Customer shall use the Services solely for lawful internal business purposes and shall not provide access to external entities unless permitted by this Agreement.
The Customer is responsible for ensuring compliance with all applicable laws and regulations and for securing necessary rights and permissions for Customer Data.
The Supplier is not liable for delays or non-performance caused by the Customer's actions or provision of inaccurate or illegitimate Customer Data.
4. Intellectual Property Rights
The Supplier owns all intellectual property rights in the Services. Unauthorized reproduction or distribution of materials is prohibited.
The Customer retains ownership of Customer Data. The Supplier has no rights to Customer Data other than licenses necessary to perform the Services.
5. Suspension and Termination of Services
The Supplier may suspend or terminate Services if the Customer breaches this Agreement or engages in harmful conduct.
Upon termination, the Customer must cease using the Services and is responsible for any unpaid fees.
6. Payment Terms
The Supplier will invoice the Customer for Services as outlined in the subscription plans, including applicable taxes and additional charges.
Late payments will accrue interest at 12% per annum rate until fully paid.
7. Confidentiality
Both parties shall use reasonable efforts to maintain the confidentiality of each other's information and prevent unauthorized use.
8. Term and Termination
The Agreement commences upon account creation or use of Services and continues for the agreed subscription term. Either party may terminate the Agreement as provided herein. This Agreement shall remain in effect from the Effective Date for a period of twelve (12) months, unless terminated by either Party as per the process provided under (“Initial Term”). Thereafter, the Agreement is automatically renewed for successive periods of twelve (12) months (each a "Renewal Term"), unless terminated by either Party as per the process provided under. The Initial Term along with the Renewal Term shall be collectively referred to as the "Term." Either Party can terminate this Agreement by giving the other Party at least (45) days of written notice. If any Party breaches the contract terms, any Party can terminate the Agreement immediately. If either Party is dissolved, ceases conduct of all of its business, is unable to pay its debts, or becomes insolvent, the Agreement will be terminated.
9. Service Credit Purchase and Usage Policy
By utilizing our application, you agree to the following terms regarding the purchase, allocation, and usage of service credits. The Supplier will provide service credits based on the Customer's chosen option during purchase, as outlined in the service agreement. The allocated users and workflows correspond to the chosen option. These credits have a monthly validity and will expire if unused, with no rollover to subsequent months. Unused credits are non-refundable. Mid-term credit top-ups are available, with the Customer selecting from provided options, and credits are added upon service agreement completion.
10. Warranties and Disclaimers
The Supplier will perform Services with reasonable skill and care. Beyond express warranties, the Supplier disclaims all implied warranties.
11. Indemnification
Each party agrees to indemnify and hold the other harmless from claims arising from intellectual property infringement or misuse of Services.
12. Limitation of Liability
The Supplier's liability is limited to fees paid by the Customer for Services during the twelve months prior to the event giving rise to liability. The Supplier is not liable for indirect or consequential damages.
13. Audit Rights
The Supplier may conduct audits to ensure compliance with this Agreement, with reasonable notice to the Customer.
14. Compliance with Laws
Both parties shall comply with all applicable laws and regulations in performing under this Agreement.
15. Severability
If any provision is invalid or unenforceable, it will be enforced to the extent possible or severed, with the remainder of the Agreement remaining in effect.
16. Entire Agreement
This Agreement, along with any attachments, constitutes the entire agreement between the parties regarding the subject matter.
17. Amendments and Modifications
The Supplier may amend this Agreement at any time, with changes posted on the Supplier's website. Continued use of the Services constitutes acceptance of such changes.
18. Governing Law and Jurisdiction
This Agreement is governed by the laws of Singapore. Any disputes will be resolved in the courts of Singapore.
19. Miscellaneous Provisions
The Customer and the Supplier are independent contractors. This Agreement does not create any agency, partnership, or employee-employer relationship.
20. Disclaimer
The Services are provided "as is" and "as available." The Supplier does not guarantee uninterrupted or error-free service and disclaims all warranties to the extent permitted by law.
