Terms Of Service

iColumn Terms of Service

  1. These terms of service (Terms) govern your access to and use of iColumn Pte Ltd’s (Registration No.: 200911135M) (we, our or similar pronoun) websites and services (Services).
  2. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of a company, organization or other entity, you agree to these Terms for yourself and for and on behalf of that company, organisation or other entity. You agree and confirm that you have the authority to bind the company, organisation or other entity to these terms. A reference to you, your or similar pronoun includes the company, organisation or other entity referred to in this clause.
  3. You shall use the Services in compliance with these Terms. You shall use the Services only if you have the legal capacity to do so. In using the Services, you shall comply with all applicable laws. The Services may change, including when we refine and add more features. We may stop, suspend or modify the Services at any time without prior notice to you. We may also remove any content from our Services.

Services

  1. The use of the Services is at your own risk. We do not warrant any results from the Services. The Services do not constitute consulting, professional advice or any other form of advice whatsoever.

Ownership and Privacy

  1. When using our Services you may provide us with information, files, data, links to data sources, folders and other content which belong to you, your affiliates, customers, suppliers or other principals (together, your content). You retain full ownership to your content. These Terms do not grant us any rights or license to your content or the intellectual property arising from your information, except provided below.
  2. You grant us a limited, free, irrevocable, non-exclusive and worldwide license to store, process, back-up and otherwise deal with your content solely for the purpose of providing to you the Services. We may grant a similar sub-license to the subcontractors, suppliers and service providers that we use to provide the Services.
  3. Except as provided in these terms, we do not disclose your content to other users, customers, agencies or third parties.
  4. In using the Services, you are solely responsible for your conduct, content and dealing with your content and your communications with others. You warrant that you have all the right and power required to deal with your content.
  5. We do not monitor your content or any other information that are subject to the Services. We are not responsible for the accuracy, completeness, appropriateness or legality of your content or any other content, results and information you may access with or receive from the Services.
  6. In using the Services, you may require or deal with other third party licenses, including software licenses. You may acquire and own these third party licenses, or use these licenses under a sub-license that we grant to you in connection with the Services. You agree to comply with the terms of all these third party licenses.

Sharing

  1. The Services may allow you to share with others your content or the results of the Services. There are many things that others may do with your information. For example, they may copy, modify or share your content with others. Your content may contain information that is secret, confidential or sensitive. Before sharing them, you may wish to ensure that you are protected by appropriate confidentiality agreements. We are not responsible or liable for any of your activities described in this clause.

Your Responsibilities

  1. Files and other content in the Services may be subject to the intellectual property rights of others. You agree not to copy, upload, download, share or otherwise deal with content or information unless you have the necessary right or license. You alone are responsible and liable for content and information that you copy, share, upload, download or otherwise deal with.
  2. You shall not by any act or omission cause spyware, virus or other malicious software to infect the Services.
  3. You alone are responsible and liable for maintaining and protecting your content. We are not responsible or liable for any expenses, losses or damages which you may suffer or incur arising out of or in connection with the loss or corruption of your content, including costs or expenses for backing up or restoring your content.
  4. You shall from time to time update your contact information or other information related to your account.

Account Security

  1. You shall keep secret the password that you use to access the Services and not disclose your password. You are responsible and liable for all activities related to your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. You agree and acknowledge that a secure encrypted connection to communicate with the Services can help protect your content. If you are an administrator, you shall ensure that all your users of the Service comply with the obligations in this clause.

Software, Updates and Information

  1. We provide you software as a service (Software), in order for you to use the Services. We grant you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you breach any of these Terms. We reserve all rights not expressly granted in these Terms. You shall not directly or indirectly reverse engineer or decompile the Software, attempt to or assist others to do so. Our Services may update the Software on your device automatically when a new version is available.
  2. From time to time we will provide you and your users emails alerts, weekly reports, marketing and other information that we believe will be useful to you. You agree to receive them.

Our Property and Feedback

  1. These Terms do not grant you any right, title or interest in the Services, Software or any of their content. We may use any of your feedback, comments or suggestions without any obligation or liability to you. Copyright, trademark and other applicable laws protect the Software and other technology we use to provide the Services. These Terms do not grant you any rights to use any of our trademarks, logos, domain names or other brand features. We may use all data, content and results arising out of or in connection with the Services or Software in aggregated anonymous form in the ordinary course of our business, including to generate benchmarks or similar metrics.

Service Fees and Taxes

  1. In consideration of the Services, you agree to pay the prevailing Service fees. Service fees are subject to change from time to time, without notice.
  2. Service fees stated are exclusive of all taxes, including GST, VAT, sales tax, service tax or withholding taxes. You are liable to pay these taxes. If you are required to withhold and deduct, from any payments to us, withholding or other taxes, you shall pay us an additional sum, so that the amount we receive is the full invoiced amount as if no deduction or withholding is made. If you pay by credit card, you agree to the applicable terms of the credit card payment processor.
  3. Our payment term is 30 days, unless otherwise stated in your iColumn agreement. If you pay by credit card or other payment process that automates fixed regular payments, the Services will be auto-renewed until you turn off auto-renewal.
  4. If you fail to pay or when your account expires, we will immediately stop providing you the Services but you may continue to login and view your historical data for a 30-day period. After the 30-day period, you may continue to log in for an additional 30 days, but will not be able to view or otherwise deal with any historical or other data. You may resume full Services by paying the required Service Fees within this 60-day period. If you do not do so, we will de-activate your account and terminate all Services and all data and information in your account.

Third Party Terms

  1. Our Service and Software uses and relies on third party services, software and licenses, including Amazon Web Services and Google Analytics. You agree with the terms of these third party services, software and licenses to the extent they are applicable to the Services and Software (Third Party Terms). We may with reasonable prior written notice amend, suspend or terminate the Services or the Software as a result of changes or other events relating to Third Party Terms.

Acceptable Use Policy and Compliance with Laws

  1. You shall not directly or indirectly abuse the Services or deal with the Services otherwise than for their intended ordinary uses. You shall comply with our Acceptable Use Policy.
  2. You shall use the Services only in the furtherance and for the purposes of activities that are legal in the applicable jurisdiction. You shall in using the Services comply with all applicable laws. The laws referred to in this clause include and are not limited to laws relating to junk mail, spam and electronic communications and transactions.

Copyright

  1. Our designated agent for notice of alleged copyright infringement is as registered from time to time with the Intellectual Property Office of Singapore.

Other Content

  1. The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for their availability, accuracy, content, products or services. You are solely responsible for your use of any of these websites or resources. We may provide you with software under an open source license. The open source license applies and controls if there is conflict or dispute between the open source license and these Terms. The open source license and these terms shall otherwise apply cumulatively, to full force and effect.

Termination

  1. We may suspend or terminate the Services at any time, with or without cause and with or without notice. If we do so without cause, we will refund to you any advance Service Fees that you have paid and which relate to Services that have not been consumed.

Available AS-IS

  1. These provisions apply to the greatest extent permitted under applicable laws. The Services and Software are provided as-is, at your own risk, without express or implied warranty or condition of any kind. We disclaim any warranties of merchantability, fitness for a particular purpose, accuracies or non-infringement. We are not responsible or liable for any harm to your computer system, loss or corruption of data or other harm that results from your access to or use of the Services or Software.Without limiting the generality of the previous paragraph, the Services are provided using and based upon our own analysis and algorithms, third party data feeds, open-source data and publicly available information. We do not provide any warranties whatsoever in relation to these analyses, algorithms, third party data feeds, open-source data and publicly available information.

Exclusions and Limitations of Liability

  1. These provisions apply to the greatest extent permitted under applicable laws. They are not limited to the circumstances that are within the parties’ contemplation as at the start of the Services. We shall not under any circumstances, whether in contract, tort, equity, statute or any other cause, be liable for any indirect damages, special damages, incidental damages, punitive damages, exemplary damages, consequential damages, expectation losses, loss of use, loss of data, loss of business, loss of profits or any other similar damages, whether or not we have notice of the possibility of these damages and whether or not these damages are within the parties’ contemplation. Except where the lower liability limit described in the next sentence applies, our liability arising out of or in connection with these Terms, whether in contract, tort, equity, statute or any other cause, is limited to the Service fees that we have received from you, for the six months prior to your claim, for the Services that are the subject of your claim. Our liability arising out of or in connection with the unavailability of the Service or Software, whether in contract, tort, equity, statute or any other cause, is limited to giving you a credit for the Service fees that is proportionally attributed to the number of days that the Service or Software was unavailable. This credit can only be used to set-off against and deduct from Service fees that are payable, and cannot be redeemed for cash.
  2. You indemnify and hold us harmless from and against all claims, damages, expenses or losses that we may incur or suffer arising out of or in connection with your breach of these Terms.

Modifications

  1. We may revise these Terms from time to time. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

Governing Law and Arbitration

  1. These Terms are governed by Singapore law. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The tribunal shall consist of one arbitrator to be appointed by the chairman of the SIAC for time being, upon the reference of any party at any time. The language of the arbitration shall be English.