GARUDA ROBOTICS SYSTEMS GENERAL TERMS AND CONDITIONS OF USE

Updated: 28 March 2022

Acceptance

By accessing, using, or subscribing to any of the services (the “Services”), websites (the “Sites”), applications (the “Apps”), or hardware devices (the “Devices”) operated, sold, or manufactured by or for and on behalf of Garuda Robotics Pte Ltd and Garuda Robotics (M) Sdn Bhd (collectively “Garuda Robotics”), or which are intrinsically and programmatically connected to the Garuda Plex Software Platform (the “Platform”), you agree to be bound by the following Terms and Conditions of Use (“Terms”), and the terms of our Privacy Policy (collectively, “Agreement”). 

The Terms apply to all users of the Services, and all users, subscribers, and visitors to the Sites, Apps, and Devices (collectively, the “Systems”), including users who contribute content, information, or other materials to or through the Systems. If you enter into another agreement with us concerning specific products, software, or services provided to you, then the terms of that agreement will control where it conflicts with Terms of this Agreement.

We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Systems shall be deemed your conclusive acceptance of the modified Terms.

The term “Garuda Robotics” (or “we”, “our” and “us”) includes all members, subsidiaries and affiliates of Garuda Robotics, their respective subsidiaries and affiliates, as well as their successors and assigns.

Access and Use

The content of the Systems, including but not limited to, the text, scripts, data, program code, circuit designs, graphics, photos, sounds, music, videos, interactive features and the like (“Content”), and the trademarks, service marks and logos (“Marks”), is owned and reserved by or licensed to Garuda Robotics, subject to copyright and other intellectual property rights under Singapore and International Law.

Garuda Robotics grants you a limited revocable non-exclusive license to use the Content AS IS for your information and legitimate and appropriate business use. This Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without our prior written consent.

You agree to not misuse the Content, including, but not limited to: copying, modifying, reverse engineering, hosting, streaming, sublicensing, or reselling the Content; using the Content to construct any kind of database; using the content in any way that would bring disrepute to Garuda Robotics; sharing the Content or engaging in behaviour that violates anyone’s Intellectual Property Rights; using any data mining, scraping, harvesting, or similar data gathering and extraction methods of any Content; damaging or impairing the availability or accessibility to the Site, or violating any applicable laws.

Breach

If you breach the Terms of this Agreement, we may choose to take actions we consider appropriate, including: suspending your access to the Systems, prohibiting you from accessing the Systems, blocking computers using your IP address from accessing the Systems, refraining from further provision of the Services, voiding any applicable warranty, contacting your Internet Service Provider or relevant regulatory authorities, and/or bringing legal proceedings against you.

Privacy

Your privacy is important to us. You understand and agree to the collection, use, and disclosure of your information described in the Garuda Robotics Privacy Policy as amended from time to time.

Data Protection

You agree that Garuda Robotics may collect, use and disclose personal data, as collected on the Platform or (if applicable) obtained by Garuda Robotics as a result of your subscription and/or usage, for the following purposes in accordance with the Personal Data Protection Act 2012 and our data protection policy (available on our website):

• Processing your Platform account
• Administering your Platform account

You need to be at least 13 years old to be able to consent to PDPA.

Your Platform Data

Your data belongs to you. However, we reserve the right to suspend your account / subscription if you are found using the Platform in a manner that contravenes our terms or the laws of Singapore. We do not store your credit card information on our servers (in compliance with PCI DSS SAQ A).

Recurring Billing

The following section refers to all subscriptions to the Services and Systems which carry a recurring billing component. 

Recurring Billing Cycles

Unless otherwise agreed, billing cycles start immediately, on the day you signed up and paid the first invoice.

Pre-payment and Automatic Billing

We will bill you for your usage of the Platform at the beginning of your billing cycle. Your billing period duration depends on the subscription plan (monthly or annually).

Communication

You will receive a payment invoice via email for each payment. For annual plans, we will send you the payment invoice a month before payment is due. For monthly plans, we will send you the payment invoice three days before payment is due. 

Termination

The access to the system will be terminated if the subsequent payment has not been received by the due date on the payment invoice.

Changes of Plan

Upgrades: If you choose to upgrade your plan, you will be immediately charged the prorated amount of the upgraded plan in the current month, together with your payment for the following month.

Downgrades: If you choose to downgrade your plan, you will be charged the new amount on the subsequent billing date.

Cancellations: If you choose to cancel your plan, you will no longer be billed from the next billing cycle onwards. Cancellations must be received at least 3 working days before the next billing cycle.

Reactivations: You can reactivate your cancelled subscription at any time.

Payment Methods

Enterprise and government  customers have the option of alternative payment methods such as manual invoicing, with additional administrative charges levied accordingly. Contact us for further information.

General Disclaimer

Garuda Robotics does not make any express or implied warranties or guarantees including, without limitation, implied warranties of non-infringement, merchantability, and fitness for particular purpose with regard to the Systems. We also do not make any express or implied warranties as to the usefulness of any information, data, apparatus, product or process (“Information”) disclosed on or made available through the Services and Systems.

Further, Garuda Robotics shall not be liable to any user, or anyone else, for damages of any kind or nature including, without limitation, any consequential or indirect damages arising out of any use of, attempted use of, or inability to use the Systems or the Information contained on or available through the Systems.

Indemnification

You agree to indemnify Garuda Robotics and our officers, agents, employees, partners, and licensors from any claim, demand, loss or damages, including reasonable attorney fees, arising out of or related to your use of or reliance upon the Content, or arising from your violation of these Terms.

Limitation of Liability

We are not liable to you or anyone else for special, incidental, indirect, consequential, or punitive damages whatsoever arising out of or in connection with your use of or access to the Systems and Services. To the extent that the Systems, Services, Content and Information are provided to you free of charge, we will not be liable for any loss or damage of any nature.

Disputes

All claims and disputes arising under or relating to this Agreement are to be settled in the first instance by binding arbitration in Singapore. The arbitration will be conducted on a confidential basis and follow the Arbitration Act and International Arbitration Act under Singapore Law. You agree that you are subject to the non-exclusive jurisdiction of the Courts of Singapore.

Termination

Unless otherwise specified and agreed in writing, any and all payments made prior to cancellation or termination of any contract between Garuda Robotics and you are non-refundable, unless it is finally judicially determined that there has been a material breach of contract by Garuda Robotics.

Transfer of Risk

Unless otherwise specified and agreed in writing, all Devices are purchased on an ex-works basis from Garuda Robotics manufacturing facilities. You are responsible for all subsequent shipping, handling, and taxes.

Entire Agreement

Except where you enter into another agreement with us concerning specific products, software, or services provided to you, these Terms and Conditions of use, together with our Privacy Policy, constitute the entire Agreement between you and us relating to your use of and access to the Services and Systems, and supersede all previous agreements relating to your use of the Services and Systems.

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