PLEASE READ THE FOLLOWING USER AGREEMENT (“USER AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (DEFINED BELOW).
A. INTRODUCTION
This is a legally binding contract between Accumulus Pte. Ltd. (“Accumulus”, “we”, “us” or “our”) and the entity or individual using any database, software, mobile applications, content, data, materials, documentation, information, services or websites created, published or owned by Accumulus, its subsidiaries, affiliates, associate companies, jointly controlled entities or its licensors, including the Atlas by Accumulus software platform and associated applications and websites created by Accumulus for use by airlines and air cargo carriers and their respective employees (collectively the “Services” and each a “Service”).
In this User Agreement, the term “you” or “User” refers to: (i) an entity entering into this User Agreement for the use of any of the Services by its employees; (ii) an individual entering into this Agreement as a condition of using the Services through a subscription purchased by an third party that the such individual is employed by or affiliated with; or (iii) an individual or entity not described in (i) or (ii) who is accessing or using any of the Services in any way and for any reason whatsoever.
By accessing or using the Services in any way and for any reason whatsoever, including by uploading or downloading any information or materials to or from the Services or by creating an account on any Service, clicking “sign up” or any similar mechanism, you accept and agree to be bound by and comply with all of the terms and conditions of this User Agreement and any supplemental terms which Accumulus makes available to you on the Services, without any reservations, modifications, additions, or deletions, and as they may be modified and/or amended from time to time, as well as to comply with any law, legal order by any competent authority or any determination or decision by Accumulus (made at Accumulus’ sole discretion) that applies to your use of any account you may have on any Service (including all local laws regarding online conduct and acceptable content). If you do not agree to this User Agreement, you are not permitted to use any of the Services, and you shall not access or otherwise use (including through indirect means) any of the Services.
In the event that you are granted access to any Services pursuant to a separate enterprise subscription agreement between Accumulus and an entity you are employed by or affiliated with (the “Master Agreement”), please note that your access and use of the Services are also subject to all applicable terms set out in such Master Agreement.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to this User Agreement and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services on their behalf.
We respect the privacy of our users. Please refer to our privacy policy (the “Privacy Policy”) which explains how we collect, use, and disclose information. By accessing or using any Service, you signify that you have read, understood and agree to the Privacy Policy.
Accumulus reserves all available rights and remedies, including but not limited to taking legal or technical measures, to prevent or address any use of the Services in violation of this User Agreement. For instance, Accumulus may review your account and user actions on the Services to ensure compliance with this User Agreement, and in the event of a serious violation of this User Agreement, we may revoke your account access and permanently suspend you from using the Services.
B. NO PROFESSIONAL ADVICE
The Services are intended for use exclusively as an aid and only to be used by qualified pilots and other qualified airline operations professionals, and by individuals training to become qualified pilots or other airline operations professionals using the Services under guidance and supervision of qualified trainers.
All information made available through the Services are provided solely for informational purposes only. The Services are not intended to, do not constitute and cannot replace the operational judgement and decision-making that is exercised by a qualified professional. In particular, given that some of the Services utilise artificial intelligence and machine learning in varying degrees, and that given the emerging and rapidly evolving nature of artificial intelligence and the probabilistic nature of machine learning, use of our Services may, in some situations, result in errors or output that does not accurately reflect actual conditions, situations or facts.
Accordingly, you accept and agree that none of the Services, nor any information contained in the Services, should be relied upon or construed under any circumstance to indicate that a particular course of action is safe, appropriate or effective for any specific situation, and that you are solely responsible for evaluating any information that you access on any Service for accuracy and appropriateness for your use case, including using human review or checking with other information sources as appropriate, before making a decision or taking action based on any such information.
YOU ACCEPT AND AGREE THAT ANY USE OF OR RELIANCE UPON ANY SERVICE OR ANY OPINION, GUIDANCE, ADVICE, STATEMENT, RECOMMENDATION, CALCULATION, CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH ANY SERVICE (WHICH INCLUDE WITHOUT LIMITATION ANY AI-GENERATED OUTPUTS OR ANY INFORMATION UPLOADED OR POSTED BY OTHER USERS OF ANY SERVICE) IS AT YOUR SOLE RISK AND YOU SHALL NOT UNDER ANY CIRCUMSTANCE USE OR RELY ON ANY SERVICE OR ANY INFORMATION MADE AVAILABLE THROUGH ANY SERVICE AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR THE PROFESSIONAL ADVICE, JUDGEMENT, RECOMMENDATION OR DECISION OF A DULY QUALIFIED PROFESSIONAL. YOU SHOULD NEVER DISREGARD ANY ADVICE, JUDGEMENT, RECOMMENDATION OR DECISION OF A DULY QUALIFIED PROFESSIONAL OR DELAY SEEKING SUCH ADVICE, JUDGEMENT, RECOMMENDATION OR DECISION BECAUSE OF ANYTHING YOU READ ON THROUGH ANY SERVICE. ACCUMULUS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM ANY DECISION OR ACTION THAT YOU TAKE BASED ON ANY SERVICE OR ANY INFORMATION THAT YOU ACCESS ON ANY SERVICE.
C. RESTRICTED USE AND PROPRIETARY RIGHTS
1. Licence to use and access the Services
Subject to your agreement to and compliance with this User Agreement, Accumulus grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence (the “Licence”) to access and use the Services for their intended purposes. You are solely responsible for your conduct or behaviour while on the Services.
The Licence is subject to the provisions of this User Agreement. Any use of the Services in contravention of this User Agreement is strictly prohibited, and may also be in violation of intellectual property, proprietary or other legal rights or laws.
Accumulus reserves all rights not expressly granted in this User Agreement, and nothing in this User Agreement shall be interpreted as conferring you any licence to intellectual property rights by any legal principle or theory whatsoever.
2. Proprietary Rights
Unless otherwise indicated, the Services and all content, information, and other materials on the Services (save for User Content (defined below)), which include without limitation Accumulus’ trademarks and logos, graphics, tables, charts, images, photos, videos, audio, design, software (including any necessary software used in connection with the Services), applications, tags, code (including source code or object code), text, data (including any aggregated data based on User Content or any User Content that is available or made available on the Services), documents in any format, and all other files, and the compilation, selection and arrangement thereof (collectively, the “Materials”) are the property of Accumulus, its partners and/or licensors (as the case may be), and are subject to the protection of various relevant local and international laws. Unless otherwise expressly stated, nothing in this User Agreement grants you any right or licence to use any of the Materials without the express written permission of Accumulus. Unauthorised use of the Materials may violate trademark, intellectual property and other laws.
D. USING THE SERVICES
1. Eligibility to use the Services
The Services are only to be used by (i) qualified pilots and other duly qualified airline operations professionals, or by (ii) individuals training to become qualified pilots or other airline operations professionals using the Services. Any individuals training to become qualified pilots or other airline operations professionals using the Services may use the Services only with the guidance and supervision of their duly qualified trainers. Usage of the Services is not available to any person that does not fall within D.1(i) or D.1(ii).
Usage of the Services is also not available to any person who is restricted or barred by Accumulus or any applicable authority or law in any applicable jurisdiction from using or receiving the Services.
In consideration of your use of the Services, you represent that you fall under the description of D.1(i) or D.1(ii) and that you are not a person restricted or barred by Accumulus or any applicable authority or law in any jurisdiction from using or receiving the Services.
You are solely responsible for having the required hardware, software and connectivity to access the Services, as well as any data or connectivity charges incurred in your use of the Services. For certain Services, you may be subject to storage limitations, and additional charges may apply for additional storage.
Please note that creating an account with false information or creating an account whilst restricted or barred from using or receiving the Services, constitutes a violation of this User Agreement.
2. Account
An account is needed to access the Services.
You agree that:
(a) you will only have one account to access any Service (hereafter referred to as an "Accumulus Account"), for example an account to access Services offered through the Atlas by Accumulus platform, which must be associated with your real name and identity at minimum, and you will only use the same account to access such Service. You agree that certain Services may have additional requirements (such as a requirement for an official airline email address to be linked to an Accumulus Account to access Atlas by Accumulus Services) and you agree to comply with such additional requirements accordingly;
(b) any information you provide to us in relation to your Accumulus Account (“Account Information”) shall be true, accurate, not misleading, current and complete at the point of time your Accumulus Account is registered and at all other times;
(c) at all times you shall maintain and promptly update your Account Information as and when there are any changes;
(d) you are not to transfer or share your Accumulus Account or Account Information in any way (including sharing access or allowing sole access to your Accumulus Account ) with anybody else without our express written consent;
(e) your Account Information (e.g. your user name and any user profile details) shall not include any unauthorised, confusing or misleading use of the intellectual property right of another person, brand or organisation;
(f) you will prevent the unauthorised use of your account by maintaining the confidentiality of your account and restricting access to your account (including by using a strong password for your account, keeping the password confidential and keeping access to your password, your computer and mobile devices restricted and secure);
(g) you understand all risks of unauthorised access to your Account Information or any other information or content you provide to Accumulus, and that Accumulus cannot promise that our security measures will prevent unauthorised third parties from illegally accessing the Services or its contents. Accordingly you agree that you are ultimately solely responsible for any and all acts or activities that occur under or through your account or from your computer or your mobile devices, as well as any data, information or content that you submit, post or display on the Services; and
(h) you shall notify Accumulus immediately of any unauthorised use of your account or password or any other breach of security, or if you have any reason to believe that the security of your account, your computer or any of your mobile devices has been compromised.
3. Rights in relation to your Accumulus account
In addition to any other rights Accumulus has under this User Agreement, you acknowledge that Accumulus shall have the right, at our sole and absolute discretion, without any prior notice to you and without being restricted by any enterprise subscription agreement, to:
(a) reject your application for an Accumulus account;
(b) suspend, discontinue, remove or disbar you from the use of your Accumulus account or terminate your Accumulus account at any time and to refuse your current and/or future use of any Service without prior notice to you, if you are in breach of this User Agreement, if your Accumulus account is unconfirmed, unverified or inactive, or for any other reason as determined by Accumulus at our sole and absolute discretion; and
(c) access your account and its contents as and when we consider necessary for specific purposes, including but not limited to identifying or resolving technical problems with your account, investigating any potential compromise in the security of your Accumulus account, or investigating any potential breach of this User Agreement or any illegal activities (in which event you may be referred to the relevant law enforcement agencies for investigation).
If any Service you are using is part of an enterprise subscription, such party (e.g. your employer) who purchased such enterprise subscription may have the right to control your access to and get reports on your use of such purchased Service, which may be governed by a Master Agreement and/or any agreement you might have entered into with such party (e.g. your employment agreement).
E. PAYMENTS AND FEES
1. Payments
You agree to make timely payment of all fees charged to your Accumulus account, which include without limitation subscription fees and other charges you incur in connection with your Accumulus account.
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like the Apple App Store or Google Play, or any other payment method made available by Accumulus) (the “Payment Method”). When you provide your payment information, you authorise us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information.
All fees charged to your Accumulus account are exclusive of taxes, which we will charge as required by applicable law in connection with the Services.
Accumulus has the right to correct pricing errors or mistakes even after issuing an invoice or receiving payment.
All payments are strictly non-refundable.
2. Subscriptions
A subscription or a one-off fee may be required in order to access certain Services or features or functionalities within a Service. Different subscription plans or pricing tiers may be offered by Accumulus on such fees, terms and conditions as Accumulus may determine and amend at its sole discretion from time to time.
Subscription fees, along with any required taxes, may be paid on a periodic basis (e.g. monthly or annual) as agreed between Accumulus and you. All subscription fees are payable in advance and are due upon billing.
For the payment of subscription fees, you authorise Accumulus and our third-party payment processor(s) to automatically bill and charge the Payment Method on the agreed-upon periodic basis, and you agree that the date on which the charge is posted may be reasonably changed by Accumulus or the third-party payment processor(s).
Your subscription will auto-renew at the end of your chosen subscription period and at your chosen subscription pricing tier until your subscription is modified or terminated. Upon auto-renewal, the fee that corresponds to your chosen subscription tier will be automatically billed and charged to your Payment Method.
Accumulus reserves the right to change subscription fees or to institute new fees (including one-off fees) at any time without the requirement of notice.
3. Changes to your subscription
If you change from monthly to annual subscriptions or vice versa, the new payment rates will take effect at the beginning of the next billing cycle.
If you are on an individual subscription for a Service using an email address owned by your employer, and your Accumulus account is added by your employer to their enterprise subscription with Accumulus in respect of the same Service, we will cease charging you for your individual subscription for such Service. We will only resume charging you for your individual subscription for such Service if (i) your employer ceases their enterprise subscription with Accumulus in respect of such Service; or (ii) your employer removes you from their enterprise subscription for any reason whatsoever.
If you signed up for a subscription through the Apple App Store or the Google Play Store, you may cancel or otherwise modify your subscription through the corresponding store. Any cancellation or modification of your subscription will go into effect at the end of your current billing cycle. If you cancel your subscription, your Accumulus account will remain under our free subscription plan. You can delete your account at any time.
4. Pricing and Promotions
Accumulus may from time to time offer free trials, discounts or promotional pricing. The terms for such free trials, discounts or promotional pricing will be provided at the time of the offer and shall apply in conjunction with the terms of this User Agreement.
F. CONTENT
1. User Content
For the purposes of this User Agreement, “User Content” is defined as any software, file, document, video, image, audio, message, text, applications, code, information, tag, data or other material that a user generates, creates, inputs, saves, posts, uploads or otherwise stores or transmits on, to or through any Service, whether publicly posted, privately transmitted, submitted through a third party API, or create or generated pursuant to the user’s usage of any Service, but does not include any Submission (defined below).
With respect to any User Content that you create, input, save, post, upload or otherwise store or transmit on, to or through any Service (hereinafter referred to as “your User Content”), these remain your intellectual property, and Accumulus does not claim any ownership of the copyright or other proprietary rights in your User Content. Notwithstanding the foregoing, you agree that Accumulus may retain copies of your User Content and use your User Content as reasonably necessary for or incidental to our operation of the Services.
You grant Accumulus an irrevocable, perpetual, royalty-free, non-exclusive, worldwide, transferable and sublicensable right and licence to access, use, reproduce, translate, modify, adapt, transform, process, create derivative content or materials from, exhibit, publish, distribute, publicly perform and display, host, store, index, transmit, comment on and otherwise exploit your User Content in any way (including without limitation to operate the Services, to improve features, Services, machine learning training and models, and to develop new Services), without any further consent, notice, credit and/or compensation to you or others. You understand and agree that your User Content must not include any content that you do not have permission, consent, release, right or licence to use. You accordingly represent and warrant that you possess all necessary permissions, consents, releases, rights, licences, consents and/or permissions to grant Accumulus the aforementioned right and licence in respect of your User Content, that your User Content is free of any restrictions preventing Accumulus from exercising the aforementioned right and licence granted by you to Accumulus, and that your User Content does not infringe on, violate or misappropriate the rights of any third party and does not violate this User Agreement or any applicable law or regulation. You are solely responsible for your User Content and the consequences of inputting, posting, uploading, publishing or otherwise transmitting on, to or through the Services.
To the fullest extent permitted by law, Accumulus reserves the right to monitor, screen, edit, block, remove or delete any User Content at any time and without notice, including where such User Content may be in potential or actual violation of this User Agreement or any law (whether or not Accumulus is directed to do so by any competent authority), as determined by Accumulus in its sole discretion. You are solely responsible for creating backup copies of any User Content at your sole cost and expense.
2. Submissions
You agree that all questions, comments, suggestions, ideas, feedback, and other information of a similar nature provided by you to Accumulus or its officers, directors, employees or agents from time to time (collectively “Submissions” and each a “Submission”) are non-confidential and automatically (upon receipt) become the sole property of Accumulus. You agree that Accumulus shall exclusively own all intellectual property and other rights to the Submissions, and Accumulus are entitled to the unrestricted use, disclosure, dissemination or any other form of exploitation of the Submissions for any commercial or other purpose in any way or form, without making any acknowledgment of you and without providing any compensation to you. You do hereby waive all moral and other rights to all of the Submissions, and you do hereby represent and warrant that all Submissions are your original work and that you have the right to submit the Submissions. You agree there is no recourse against us for any alleged or actual infringement or misappropriation of any right in any of the Submissions.
G. USER CONDUCT
You agree that you will not and will not attempt to, whether directly or indirectly:
(a) create a false identity on any Service, impersonate, pose or otherwise misrepresent your identity in a confusing, misleading or deceptive manner as (or to be falsely associated/affiliated with) another person, airline, organisation, or entity;
(b) create, input, save, post, upload, send, distribute, disseminate or otherwise store or transmit on, to or through any Service any software, file, document, video, image, audio, message, text, applications, code, information, tag, data or other material that does not belong to you and which you do not have the consent or authority to transmit, or misrepresent or falsify the source, content of, or your authority to store or transmit any such material on, to or through any Service;
(c) use another user’s Accumulus account, or to let another person use your Accumulus account;
(d) infringe, misappropriate, circumvent or otherwise violate the intellectual property rights (including without limitation copyrights, trademarks, trade secrets) with respect to the Materials, or any other intellectual property, proprietary or other legal right of Accumulus (including the Accumulus and Atlas by Accumulus logos) or any third party (whether or not they are also a user of the Services);
(e) create, input, save, post, upload, send, distribute, disseminate or otherwise store or transmit on, to or through any Service any data, information, content, file or other material that is inaccurate, fraudulent, misleading, defamatory, libellous, harassing, threatening, intimidating, disparaging, abusive, harmful, inflammatory, malicious, obscene, profane or is otherwise objectionable, unlawful or infringing Accumulus’ or any third party’s rights in any way (including any data, information, file, content or other material that could give rise to any civil or criminal liability under any applicable law);
(f) use the Services in any manner that infringes or otherwise violates any third party’s rights, including infringing or otherwise violating any third-party agreement that is applicable to you in the course of using any Service;
(g) interfere with any other user’s account access or usage of any Service or collect personal information about other users of any Service without their consent;
(h) send junk or spam messages to other users through any Service or via email or other means, including without limitation sending any form of unsolicited or bulk advertising or promotional materials or communication, or requests to participate in any charity activity, petition, contest or lucky draw or raffle, multi-level marketing / pyramid scheme, or other similar activities;
(i) attempt to indicate in any manner, without Accumulus’ express written consent, that you have a relationship with us or that we have endorsed you or your products or services;
(j) copy, reproduce, disclose, exhibit, publish or distribute any information obtained from any Service whether directly or through third parties (such as search engines) or using any such information in any way other than its intended purpose, without the express written consent of the relevant owner of such information and Accumulus;
(k) develop, support or use bots or any other form of automation tool, means or process to access or use any Service or any server, software application, or other computer resource owned, used and/or licensed by Accumulus;
(l) develop, support or use any means, methods, tools or processes (including scrapers, spiders, robots, crawlers, data mining tools, site search/retrieval application or other manual or automatic device) to (i) copy, retrieve, collect, index scrape, download or harvest any data, information, file, content or other material from any Service in any circumstance; (ii) to create, compile or build a collection, compilation, database or directory using any data, information, file, content or other material from any Service in any circumstance; (iii) to reproduce or circumvent the navigation structure or presentation of any Service without Accumulus’ express prior written consent; or (iv) to extract data from any Service without Accumulus’ express prior written consent;
(m) delete, circumvent, disable, damage, or otherwise interfere with (i) security-related features of any Service or any content or information on any Service; (ii) any features or measures in place that prevent or restrict the access, use or copying of any content accessible through any Service; (iii) features that prevent or restrict access to or use of any Service or any server, software application, or other computer resource owned, used, and/or licensed by Accumulus; (iv) features that enforce limitations on the use of any Service; or (v) any copyright or other proprietary rights notices on any Service;
(n) interfere with, disrupt, manipulate, subvert, exploit or otherwise negatively affect or impair the operation of any intended functionality, procedures, processes or policies of any part of any Service or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of such networks connected to any Service, or interfere with, disrupt, negatively affect, or impair other users from their full use of any Service, or do anything that could adversely affect the proper functioning of any Service in any manner;
(o) make any manual or automated use of any Service or take any action that Accumulus deems at its sole and absolute discretion imposes or to potentially imposes an unreasonable or disproportionately large load on our servers or network infrastructure or may otherwise interfere with or undermine the quality, integrity or the functioning of any Service in any manner;
(p) upload or otherwise transmit anything that contains software viruses, malware, or any harmful code through the Services or to any other user of the Services, or that which might be harmful to or interfere with the Services, or that is intended to or likely to deceive, mislead or defraud others through phishing or social engineering techniques;
(q) reverse engineer, reverse compile, decompile, disassemble, decipher, translate, engage in model extraction or stealing attacks, or otherwise attempt to derive the source code or underlying components of any Service, or any algorithm, system or technology related to the Services that is not open source;
(r) modify, adapt, or hack any Service or modify another website so as to falsely imply that it is associated with the Services or Accumulus;
(s) copy any content in any Service onto another server;
(t) transfer or sublicense, sell, commercialise or otherwise monetise any portion of any Service or any related data or information from or access to the Services;
(u) use any Service for any commercial purpose that is not permitted by any valid Master Agreement in force, including using any Service to advertise or offer to sell any goods or services;
(v) develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with any Service;
(w) monitor the availability, performance, or functionality of the Services by any means, tools or process, without Accumulus’ express written consent;
(x) modify, copy, distribute, transmit, display, perform, reproduce, publish, adapt, alter, translate or create derivative works based upon any part of any Service;
(y) use or merge any Service, or any component or element thereof, with other software, databases or service;
(z) use any data, information, file, content or other material from any Service to develop any artificial intelligence models or software that competes with any product or service of Accumulus;
(aa) simulate the appearance or function of the Services (e.g. by framing or mirroring the Services), or modifying the appearance or function of the services (e.g. by inserting overlays or elements to add, block or otherwise modify the appearance of the Services);
(ab) circumvent any measures or processes employed in the provision, security, and/or protection of the Services;
(ac) use the Services in any way other than for their intended purposes; or
(ad) use the Services for any illegal purpose or in a manner that is in violation of this User Agreement, the Privacy Policy or any other policy or terms published by Accumulus, or any law, contract, intellectual property, proprietary, or other legal right, or which amounts to the commission of a tort.
You are solely responsible for your conduct and the consequences of your conduct on and in relation to the Services.
H. DATA COLLECTION AND PERMISSIONS
You agree that Accumulus may collect your usage data for operational purposes, including without limitation to operate the Services, to improve features, Services, machine learning training and models, and to develop new Services, and that Accumulus shall have the sole right to use or monetise such collected data, subject to applicable laws without any further consent, notice, credit and/or compensation to you or others.
The Privacy Policy explains how Accumulus treats your personal data and protects your privacy when you use the Application. By installing, accessing or using the Application, you explicitly agree to the use of your personal data in accordance with the Privacy Policy, which may be updated from time to time.
In addition to detailing how your personal data is collected and used, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application, which functions are developed by third parties. These are known as “permissions”, and you agree that Accumulus has the right to access third-party computer code on your computer and/or mobile devices in this manner and as described in the Privacy Policy. In this regard, please take note that the processing of the data that you share with Accumulus, is essential to the Services we provide. Therefore, should you decline to grant any particular permission (for example the permission to access your location data), we will not be able to provide such Services, features or functionalities for which such permission is essential for their functioning, notwithstanding the fact that a subscription has been paid for that includes such Services, features or functionalities.
I. SERVICE INTERRUPTIONS AND MODIFICATIONS
Accumulus cannot and does not guarantee that the Services will be available at all times. We may experience hardware failures, software bugs, issues with third party software, product or services connected with our Services, or other problems, or we may need to perform maintenance, updates or upgrading works related to the Services which may result in downtime, interruptions, delays or errors. You agree that Accumulus shall have no liability whatsoever to you or any third party for any loss, damage, or inconvenience caused by your inability to access or use any Service for any reason, including due to any downtime, interruptions, delays or errors on any Service.
Nothing in this User Agreement shall be construed to obligate Accumulus to maintain or support any Service or to supply any clarification, correction, update, or release in connection with any Service. Accumulus reserves the right to unilaterally change, revise, update, suspend, discontinue, remove or otherwise modify the Services or any part of any Service, at any time and from time to time, whether temporarily or permanently, with or without any notice, and for any reason whatsoever in our sole discretion, without liability to you or any third party.
J. DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. ACCUMULUS RESERVES THE SOLE AND ABSOLUTE RIGHT TO UPDATE, MODIFY OR DISCONTINUE ANY SERVICE OR ANY FEATURE OF ANY SERVICE AT ANY TIME WITHOUT NOTICE. YOU ACKNOWLEDGE THAT NO REPRESENTATIONS HAVE BEEN MADE WITH RESPECT TO ANY OF THE SERVICES.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, ACCUMULUS AND ITS AFFILIATES AND LICENSORS EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES AND ANY ACCESS OR USE OF THE SERVICES OR ANY OUTPUTS FROM ANY OF THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AVAILABILITY, QUIET ENJOYMENT, TITLE, SECURITY, ACCURACY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, COMPATIBILITY AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, ACCUMULUS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE CONTINUOUS OR UNINTERRUPTED OR ACCURATE OR ERROR-FREE OR FREE OF BUGS OR VIRUSES OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED, NOR THAT ACCUMULUS IS RESPONSIBLE FOR THE EXISTENCE, QUALITY, ACCURACY, RELIABILITY, SAFETY OR LEGALITY OF ANY OPINION, GUIDANCE, ADVICE, STATEMENT, RECOMMENDATION, CONTENT OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES (WHICH INCLUDE WITHOUT LIMITATION ANY AI-GENERATED OUTPUTS OR ANY INFORMATION UPLOADED OR POSTED BY OTHER USERS OF ANY SERVICE). YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS OR DAMAGE (FINANCIAL OR OTHERWISE) RESULTING FROM YOUR ACCESS TO, DISPLAY OF, OR USE OF ANY SERVICE, OR YOUR DOWNLOADING, USE OF AND/OR RELIANCE UPON ANY CONTENT, MATERIAL OR OTHER INFORMATION OBTAINED FROM ANY SERVICE, INCLUDING ANY DECISION OR ACTION THAT YOU TAKE BASED ON INFORMATION THAT YOU ACCESS ON ANY OF THE SERVICES.
ACCUMULUS AND ITS AFFILIATES AND LICENSORS ALSO ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERROR, OMISSION, MISTAKE, OR INACCURACY OF ANY CONTENT ON OR LINKED TO ANY SERVICE OR, (2) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS OR USE OF ANY SERVICE, (3) UNAUTHORISED ACCESS OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY SERVICE, (5) BUG, VIRUS, TROJAN HORSE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH ANY SERVICE, OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ANY SERVICE.
YOU ACKNOWLEDGE THAT THE SERVICES, INCLUDING ANY INFORMATION CONTAINED IN ANY OF THE SERVICES, WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF ACCUMULUS, AND MAY BE SUBJECT TO LIMITATIONS, DELAYS, LATENCY ISSUES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND THAT ACCUMULUS IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, CORRUPTION OF ANY DATA OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ACCUMULUS IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY TECHNICAL MALFUNCTION, INABILITY TO ACCESS ANY OR ALL OF THE SERVICES OR ANY INFORMATION CONTAINED IN ANY SERVICE OR OTHER PROBLEMS RELATED TO OR ARISING FROM ANY THIRD-PARTY HARDWARE OR SOFTWARE, INCLUDING ANY THIRD-PARTY WEBSITE, APPLICATION OR OTHER PLATFORM CONNECTED TO THE SERVICES. YOU ALSO ACKNOWLEDGE THAT SOME PARTS OF THE SERVICES MAY INCLUDE THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES, OR OUTPUT FROM SUCH SOFTWARE, PRODUCTS OR SERVICES, OR LINKS TO THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES WHICH YOU ACCESS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED BY VARIOUS THIRD PARTY PROVIDERS AND NOT UNDER THE CONTROL OF ACCUMULUS, AND ARE SUBJECT TO THEIR OWN RESPECTIVE TERMS AS ARE DETERMINED BY SUCH THIRD PARTY PROVIDERS, ANY AND ALL OF WHICH ACCUMULUS IS NOT RESPONSIBLE FOR. ACCORDINGLY, YOU ALSO AGREE THAT ACCUMULUS SHALL NOT BE LIABLE FOR ANY ISSUE THAT ARISES FROM ANY OF THE AFOREMENTIONED THIRD PARTY SOFTWARE, PRODUCTS, SERVICES OR FROM ANY THIRD PARTY PROVIDERS.
YOU ALSO ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. ACCUMULUS DOES NOT GUARANTEE OR WARRANT THAT ANY DATA, INFORMATION, CONTENT, FILE OR OTHER MATERIAL ACCESSED ON, THROUGH AND/OR AVAILABLE FOR DOWNLOADING FROM ANY SERVICE IS OR SHALL BE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER CORRUPTING, CONTAMINATING OR OTHER DESTRUCTIVE PROPERTIES. YOU SHALL ACCESS AND DOWNLOAD ANY DATA, INFORMATION, CONTENT, FILE OR OTHER MATERIAL FROM ANY SERVICE AT YOUR OWN RISK.
K. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ACCUMULUS PTE. LTD., ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, ASSOCIATE COMPANIES, JOINTLY CONTROLLED ENTITIES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE FOREGOING PARTIES, EXCLUDES AND DISCLAIMS RESPONSIBILITY AND LIABILITY TO YOU AND TO ANY THIRD PARTY FOR ANY CLAIMS, COSTS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, EXPENSES OR LIABILITIES OF WHATSOEVER NATURE AND HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF GOODWILL OR REPUTATION, LOSS OF OPPORTUNITY, BUSINESS, REVENUE, INCOME OR PROFIT, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF DATA OR ANY COMPUTER-RELATED DAMAGE, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF FORESEEABLE OR IF ACCUMULUS WAS INFORMED OF THE POSSIBLE OCCURRENCE OF THE AFOREMENTIONED CLAIMS, COSTS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, EXPENSES OR LIABILITIES, IN CONNECTION WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF ANY SERVICE, OR YOUR DOWNLOADING, USE OF AND/OR RELIANCE UPON ANY CONTENT, MATERIAL OR OTHER INFORMATION OBTAINED FROM ANY SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE RESULTING FROM ANY INFORMATION OR CONTENT OR DATA OR USER CONTENT OF OTHER USERS THAT YOU MAY ENCOUNTER WHEN USING THE SERVICES, YOUR USE OF OR YOUR INABILITY TO USE ANY SERVICE, GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES, DELAYS OR DISRUPTIONS IN ANY OF THE SERVICES, ANY CLAIM THAT ANY SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, ANY CLAIM ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, ANY CLAIM WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY ACTION THAT WE MAY TAKE IN CONNECTION WITH YOUR ACCUMULUS ACCOUNT WITH RESPECT TO ANY POTENTIAL OR ACTUAL VIOLATION OF THIS USER AGREEMENT OR ANY LAW OR ANY OTHER ACTION THAT ACCUMULUS CAN TAKE AT ITS SOLE DISCRETION. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU, THE USER, AND ACCUMULUS.
ACCUMULUS WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS USER AGREEMENT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO ACCUMULUS FOR THE SERVICES DURING THE TERM OF THIS USER AGREEMENT, IF ANY, OR (B) S$200 (TWO HUNDRED SINGAPORE DOLLARS).
L. RELEASE AND INDEMNITY
You hereby grant to Accumulus Pte. Ltd., its subsidiaries, affiliates, associate companies, jointly controlled entities, partners and licensors, and the respective officers, directors, employees, representatives, or agents of the foregoing parties (collectively the “Released Parties”), a full and final release and forever acquit and discharge the Released Parties from any and all liabilities, damages, injuries, costs (including legal fees on an indemnity basis), losses, expenses, liabilities, actions, proceedings, suits, claims or demands of whatsoever nature, character, or kind which you can, may, or shall have against Accumulus, which relate to: (i) your access or use of the Services, including without limitation anything relating to your User Content or any dispute between you and any other user of any Services, and ; and (ii) any information, data, content, file or other material which you obtain through the Services. You also agree that in no event shall any of the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of any Service; (b) your dealings with third parties; (c) any delay or inability to use any Service experienced by you; or (d) any data, information, document or other material obtained from any Service, whether based on contract, tort, strict liability or otherwise, and even if Accumulus has been advised of the possibility of damages.
You expressly agree to indemnify, defend and and hold Accumulus, our subsidiaries, affiliates, associate companies, jointly controlled entities, partners and licensors, and the respective officers, directors, employees, representatives, or agents of the foregoing parties (collectively the “Indemnified Parties” and each an “Indemnified Party”)), harmless from and against any and all liabilities, damages, injuries, costs (including legal fees on an indemnity basis), losses, expenses, liabilities, actions, proceedings, suits, claims or demands of whatsoever nature, character, or kind from any third party relating to your (I) access and use of any Service, including without limitation anything relating to your User Content or any dispute between you and any other user of any Services; (II) breach of this User Agreement (including without limitation your representations and warranties); (III) negligence or reckless or intentional acts or omissions; (IV) failure to comply with any applicable law or regulation or order of any competent authority; (V) violation of the rights of a third-party, including intellectual property rights; or (VI) harmful act toward any other user of any Service. Notwithstanding the foregoing, each Indemnified Party reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify such Indemnified Party, and you agree to cooperate, at your expense, with our defence of all claims. We will use reasonable efforts to notify you of any applicable claim, action, or proceeding that is subject to this indemnification (after we become aware of it). Your obligations regarding this indemnity shall survive the termination of your Accumulus account or the cessation of your use of the Services.
M. FORCE MAJEURE
Accumulus shall not be liable for any failure to perform its obligations under this User Agreement where such failure results from any cause beyond Accumulus’ control, including, but not limited to, mechanical, electronic or communications failure or degradation, service interruptions, or any other force majeure event (including natural disasters, wars, strikes, pandemics).
N. GOVERNING LAW AND DISPUTE RESOLUTION
This User Agreement shall be governed by, and construed in accordance with the laws of the Republic of Singapore, without regard to principles of conflict of laws.
You and Accumulus agree that any and all disputes or difference between you and Accumulus arising out of or relating to this User Agreement (including any question regarding its existence, validity or termination) shall be exclusively referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. This arbitration agreement shall be governed by Singapore law. The arbitration tribunal shall consist of one arbitrator, and the language of the arbitration shall be English. The award shall be final and binding on the parties to the dispute. Judgement upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
O. SEVERANCE
If any provision of this User Agreement or part thereof is found by any court or administrative body of competent jurisdiction to be void, illegal or unenforceable or is otherwise rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of this Agreement. Notwithstanding the foregoing, if such provision of this User Agreement or part thereof would be valid, legal or enforceable if some part of it were deleted or modified, it shall apply with whatever modification is necessary to give effect to the commercial intention of such provision.
P. HEADINGS
The headings used in this User Agreement are for convenience only and shall not affect the interpretation of this User Agreement.
O. NO WAIVER
No failure or delay by Accumulus in exercising any right or remedy under or pursuant to this User Agreement or otherwise provided by law shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude our exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. Accumulus’ rights and remedies under or pursuant to these terms and conditions are cumulative, may be exercised as often as it considers appropriate and are in addition to its rights and remedies under general law.
P. NO THIRD PARTY RIGHTS
A person who is not party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
Q. SURVIVAL OF TERMS
All provisions of these User Agreement which by their nature should survive termination of this User Agreement shall survive termination, including without limitation the provisions relating to Accumulus’ intellectual property rights, User Content, user conduct, disclaimers, indemnity, and limitations of liability.
R. INTERPRETATION
The headings used in this User Agreement are for convenience only and shall not affect the interpretation of this User Agreement.
Unless a contrary indication appears, a reference in this User Agreement to "including" shall not be construed restrictively but shall mean "including without prejudice to the generality of the foregoing" and "including, but without limitation".
References to a person include any company, limited liability partnership, partnership, business trust or unincorporated association (whether or not having separate legal personality). References to those of the Parties that are individuals include their respective legal personal representatives. References to "writing" or "written" includes any non-transitory form of visible reproduction of words.
S. ASSIGNMENT
Accumulus may assign the whole or any part of any of its rights in this User Agreement to any person or entity for any purpose or reason whatsoever, including in the event of a merger, acquisition or sale. A User may not assign or transfer all or part of its rights or obligations under or pursuant to this User Agreement without the prior express written consent of Accumulus.
T. MODIFICATION OF THE USER AGREEMENT
Accumulus reserves the right to modify this User Agreement at any time and for any reason in its sole discretion without prior notice, and such modifications shall take effect immediately when posted on https://accumulus.sg/user-agreement. To notify you of when this User Agreement was last modified, please refer to the date stated at the beginning of this User Agreement. Please review this User Agreement periodically for the latest modifications. Your continued access or use of any Service thereafter shall represent that you have read, understood and accepted such modifications, and that you agree to continue to be bound by and comply with the User Agreement as modified, as well as and any supplemental terms which Accumulus makes available to you on the Services, without any reservations, modifications, additions, or deletions, and as they may be modified and/or amended from time to time. If the modified User Agreement is not acceptable to you, your only recourse is to cease using the Services.
Certain provisions of this User Agreement may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Any information on the Services may changed or updated without notice.