" Blueplankton TERMS OF SERVICE – blueplanktonAI

TERMS OF SERVICE

The BluePlankton.AI websites, https://blueplankton.ai and https://blueplankton.com, are online information services with cloud-based software (the “Service”), provided by BluePlankton.AI, and are subject to the terms and conditions set forth below.

IMPORTANT: These terms and conditions constitute a legal agreement between you, the User (hereafter “You”, “Your”, or the “User”), and us, BluePlankton.AI, and Blue Plankton Singapore Pte Ltd, its affiliates, and all of their respective authorized representatives, officers, directors, employees, agents, shareholders, licensors, attorneys, successors, and assigns (hereafter “We”, “Our”, “Us” or “BluePlankton.AI”), and together with the Website Privacy Policy and the Software License Agreement, wholly and exclusively govern such relationship. Before accessing or using the services offered on https://blueplankton.com and https://blueplankton.ai, please read carefully the following terms and conditions contained in this website terms of service agreement. These terms govern your access to and use of the site and any programs, services, tools, software, materials, or other information available through the site or used in connection therewith (collectively, “the Site”). BluePlankton.AI is willing to license and allow the use of this site only on the condition that you accept and agree to all of the terms and conditions contained herein. BY USING THE SITE, YOU THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. If you do not wish to be bound by the terms and conditions, you are not granted permission to access or otherwise use the site and are instructed to exit the site immediately. BluePlankton.AI works to improve our Service on a regular basis. These terms and our Service may need to change to reflect those improvements. We reserve the right to change these Terms at any time. We will notify you of these changes by placing a notice on the BluePlankton.AI website, sending you an email, or by some other means. If you do not agree with the changes in our Terms, you will no longer be able to use our Services. Please let us know immediately if you do not agree to the Terms. If you continue to use the Service after a change to these Terms is effective, you will have accepted the new Terms. Revised versions of the Terms shall be indicated by the date posted at the top of this Terms of Service page.

1. PROPRIETARY RIGHTS All intellectual property of or relating to the Site, including but not limited to content, information, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including HTML code), algorithms, methods of doing business, user interfaces, graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, “Intellectual Property”), unless otherwise indicated, are owned, controlled, and licensed in their entirety by BluePlankton.AI, its affiliates, its successors and assigns, and/or by third parties who have granted BluePlankton.AI license to use such Intellectual Property. Publications, products, content, or services referenced herein or on the Site are the exclusive trademarks or service marks of BluePlankton.AI or their respective owners and are protected by law. Except as expressly provided herein, BluePlankton.AI does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Any downloadable or printable software, programs, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by BluePlankton.AI or third-party licensors. The website names, BluePlankton.AI, its logos, and all other names, logos, and icons identifying the BluePlankton.AI website and its services are proprietary trademarks of BluePlankton.AI, and any use of such marks, such as domain names, without the express written permission of BluePlankton.AI is strictly prohibited.

2. LIMITED LICENSE GRANT The Site is provided by BluePlankton.AI, and conditional upon the acceptance of this Website Terms of Service Agreement, provides You with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and download any programs, services, tools, materials, or information made available through or from the Site. Please note that access to download and terms of use of BluePlankton.AI’s downloadable software is contingent on acceptance of the separate Software License Agreement. The Website Terms of Service permit you to use and access for personal use only the BluePlankton.AI Website (a) on a single laptop, workstation, or computer and (b) on a mobile device from the Internet or through an online network. You may also download information from the Site into your laptop, workstation, or computer’s temporary memory (RAM) and print and download materials and information from the Site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.

3. LICENSE RESTRICTIONS You represent, warrant, and agree that You will not modify, copy, store, reproduce, republish, upload, post, transmit, license, sublicense, display, rent, lease, sell, commercially exploit, or distribute, in any manner, any data, intellectual property, or material provided by BluePlankton.AI through the site, in any manner not expressly permitted by these terms of service. The above restriction includes, but is not limited to, text, graphics, code, and/or software. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you may not: (i) use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site; or (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Authorized User(s), any other systems or networks connected to the Site or its servers, to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means; or (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; or (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the BluePlankton.AI Site; or (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto; or (vi) use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person’s use of the Site; or (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to BluePlankton.AI on or through the Site; or (viii) use the Site to collect e-mail addresses or other contact or personal information; or (ix) market, co-brand, private label, appropriate, use the BluePlankton.AI name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate, and prior written permission of BluePlankton.AI; or (x) transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties; or (xi) use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact BluePlankton.AI. Moreover, this license is only valid where BluePlankton.AI is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by BluePlankton.AI. A violation of any of the foregoing is grounds for account suspension or termination of your right or use or access of the Service.

4. SUBSCRIPTION Some Services may be subject to applicable fees as displayed on the Platform. Unless otherwise specified on the Platform, all prices are shown exclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation. We offer no refund for the purchased Services. We reserve the right to amend the prices or to institute new fees at any time without notice and notice period. New or changed fees will be applicable from the moment of publishing the changes on the Platform. For any questions, please reach out to support@blueplankton.com. You are responsible for providing the necessary information and notices to other parties related to such changes.

5. ACCOUNT REGISTRATION AND USER RESPONSIBILITIES a. To access some features of the Site, you may be required to register an account with BluePlankton.AI. You agree to (a) provide accurate, current, and complete information about You as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and login credentials; (c) maintain and promptly update the Registration Data, and any other information you provide to BluePlankton.AI, and to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to BluePlankton.AI. You may be held liable for losses incurred by BluePlankton.AI or any other user of the Site due to someone else using your BluePlankton.AI ID, password, or account as a result of your failing to keep your account information secure and confidential. b. You are entirely responsible for any and all activities that occur under Your account, and You agree to notify BluePlankton.AI immediately of any unauthorized use of Your account or any other breach of security. c. You are responsible for any content that you post or transmit through the Site. You agree that You will not post, transmit, or share content on the Site that you did not create or that you do not have permission to post. You understand and agree that BluePlankton.AI may, but is not obligated to, review the Site and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason. You are solely responsible for creating backup copies of and replacing any content you post or store on the Site at Your sole cost and expense. d. By posting or transmitting any content on or through the Site, You grant BluePlankton.AI and its affiliates a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. e. BluePlankton.AI reserves the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof) if You provide any information that is untrue, inaccurate, not current, or incomplete, or if BluePlankton.AI has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or for any other reason in BluePlankton.AI’s sole discretion.

6. PAYMENT TERMS Payment for the subscription-based services shall be made in accordance with the pricing and payment terms outlined on the Site. Payments may be made through accepted payment methods, such as credit card or other methods made available through the Site. You agree to pay all charges and fees associated with Your use of the Services in accordance with the billing terms in effect at the time a fee or charge is due and payable. BluePlankton.AI reserves the right to update or amend its fees and pricing at any time without prior notice. In the event of non-payment, BluePlankton.AI reserves the right to suspend or terminate Your access to the Services until payment is received in full. All payments are non-refundable unless otherwise expressly stated on the Site.

7. DISCLAIMER OF WARRANTIES The Site, including any content or information contained within it or any Site-related service, is provided “as is” with no representations or warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this site and site-related services. BluePlankton.AI, its affiliates, suppliers, and its authorized agents are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Site, site-related services, content, or information contained within the Site, or any hyperlinked website. Your sole remedy for dissatisfaction with the Site, site-related services, and/or hyperlinked websites is to stop using the Site and/or those services. Although BluePlankton.AI attempts to ensure the integrity and accuracy of the Site and the service descriptions, it makes no guarantees whatsoever as to the correctness or accuracy of the Site, service descriptions, or other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform BluePlankton.AI so that it can be corrected. Information contained on the Site may be changed or updated without notice.

8. LIMITATION OF LIABILITY To the maximum extent permitted by applicable law, in no event shall BluePlankton.AI or its affiliates, licensors, suppliers, or authorized agents be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or related to the use of or inability to use the Site or the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if BluePlankton.AI has been advised of the possibility of such damages. In no event shall BluePlankton.AI’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you, if any, for accessing or using the Site.

9. INDEMNIFICATION You agree to indemnify, defend, and hold harmless BluePlankton.AI, its affiliates, licensors, suppliers, and authorized agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Your use of the Site or the services, (b) any breach or violation of these Terms of Service, or (c) Your violation of any rights of another party, including but not limited to any intellectual property or privacy rights.

10. GOVERNING LAW AND DISPUTE RESOLUTION These Terms of Service shall be governed by and construed in accordance with the laws of Singapore without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or validity thereof, shall be resolved by arbitration in accordance with the Singapore International Arbitration Centre (SIAC) Rules as at present in force, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one, and the seat of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

11. MISCELLANEOUS a. Entire Agreement: These Terms of Service, along with the Privacy Policy and any other agreements or terms referenced herein, constitute the entire agreement between You and BluePlankton.AI with respect to the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

b. Severability: If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

c. Waiver: No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BluePlankton.AI’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

d. Assignment: You may not assign or transfer any of Your rights or obligations under these Terms of Service without the prior written consent of BluePlankton.AI. BluePlankton.AI may assign or transfer any of its rights or obligations under these Terms of Service without Your prior written consent.

e. Contact Information: If You have any questions or concerns about these Terms of Service, please contact BluePlankton.AI at support@blueplankton.com . By using the Site, You acknowledge that You have read, understood, and agreed to be bound by these Terms of Service.