Last Updated: 28 October 2022
1.1 Platform: These Terms will apply to anyone who accesses or uses the Platform, regardless of his / her registration or subscription status.
1.2 Your obligation: You agree that you:
(a) will comply with these Terms, all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
(b) will not misrepresent your identity and age;
(c) will not use the Platform for any harmful, illegal, or nefarious purpose;
(d) will not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
(e) will not use the Platform in relation to fraud, a pyramid scheme, or other similar practice; or
(f) will not encourage, promote, or agree to engage in any activity that violates these Terms.
- Basic Terms
The Platform is always evolving and the form and nature of the Platform may change from time to time without prior notice to you. In addition, AND Solutions may stop (permanently or temporarily) operating the Platform (or any features within the Platform) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
3.1 Responsibility. You are solely responsible and liable for your use of the Platform, for any Content you upload to the Platform, and for any consequences thereof.
3.2 Ownership. You retain all rights and ownership in your Content. AND Solutions cannot monitor or control the Content uploaded via the Platform and, we will not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Platform or obtained by you through the Platform is at your own risk.
3.3 Representation. By uploading any Content to the Platform, you represent and warrant to us that:
(a) you have all necessary rights and licenses to such Content;
(b) the information you provide to the Platform or AND Solutions is accurate.
3.4 Passwords. You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password. AND Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
3.5 Restrictions on Content and Use of the Platform. We reserve the right at all times (but will not have an obligation) to remove or refuse to accept any Content on the Platform, to suspend or terminate users, and to reclaim usernames without liability to you. Your right to access and use the Platform is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to upload anything that contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from AND Solutions or otherwise.
AND Solutions gives you a personal, royalty-free, non-assignable and non-exclusive license to access and use the Platform. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by AND Solutions, in the manner permitted by these Terms. This license is revocable and AND Solutions reserves the right to limit or terminate your authorization to use the Platform at any time.
- AND Solutions’ Rights
All rights, title, and interest in and to the Platform (excluding Content provided by users) are and will remain the exclusive property of AND Solutions and its licensors. The Platform is protected by copyright, trademark, and other laws of Singapore. Nothing in these Terms gives you a right to use the AND Solutions, Niko AutoML Platform name or any of the AND Solutions trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding AND Solutions, or the Platform is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- Account Termination
6.1 You can delete your account at any time by contacting us via email firstname.lastname@example.org.
6.2 We reserve the right to make use of any personal, technological, legal, or other means available to enforce these Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Platform.
- DISCLAIMER OF WARRANTIES.
7.1 AND SOLUTIONS TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY UPLOADS OR DOWNLOADS THROUGH THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK. AND SOLUTIONS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
7.2 OTHER THAN EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE PLATFORM IS PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) THE PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENTS PROVIDED THROUGH THE PLATFORM; (B) THE SPECIFIC FEATURES OF THE PLATFORM, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENTS YOU SUBMIT WILL BE ACCESSIBLE ON THE PLATFORM.
- LIMITATION OF LIABILITY.
8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AND SOLUTIONS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF AND SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 THE AND SOLUTIONS AFFILIATES’ AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED US DOLLARS (US$100).
8.3 THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 8 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
8.4 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
- DIGITAL MILLENNIUM COPYRIGHT ACT
9.1 AND Solutions has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
(c) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to email@example.com.
- Governing Law; Dispute settlement
(a) You agree that your relationship with AND Solutions shall be governed by the laws of Singapore and that any claims or grievances of any nature shall be brought exclusively in the courts of Singapore.
(b) If you are dissatisfied with the Platform for any reason, please contact our customer care team (via email at firstname.lastname@example.org) first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against AND Solutions, these Terms will apply.
11.1 You can stop using the Platform at any time.
11.2 We may add, modify, or remove features or functionalities, and we may suspend or stop all or part of the Platform. We may also stop giving you access to the Platform, or add or create new limits to the Platform at any time.
11.3 If the Platform is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your Content.
Notice to AND Solutions. Unless these Terms say otherwise, you must send any notices to: 160 Robinson Road, #14-04, Singapore 068914.
12.1 Notice to you: For purposes of service messages and notices about the Platform, AND Solutions will place a banner notice across its pages or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Platform.
13.1 English Version. The English version of this Agreement will be the version used when interpreting or construing this Agreement.
13.2 Severability: If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply.
13.3 No Waiver: Failure to enforce (or delay of the enforcement of) any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for AND Solutions to enforce such Terms.
13.4 Assignment or Transfer: You are not allowed assign or transfer your rights or obligations under this Agreement to someone else without our written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Platform, or otherwise) without your permission.
13.5 Amendments: We always strive to continue innovating and improving the Platform. In this regard, we reserve the right to modify, amend, or change these Terms at any time. If we make any material changes to these Terms, we will inform you by sending an email to you or posting a notice of statement within the Platform. Once the changes are made to these Terms, we will update the last revised date at the top of these Terms.
Your continued use of the Platform constitutes your acceptance of any change to these Terms, and you will be legally bound by the updated Terms.
13.6 Entire Agreement. These Terms are the entire and exclusive agreement between AND Solutions and you regarding the Platform, and these Terms supersede and replace any prior agreements between AND Solutions and you regarding the Platform. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.