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Software License and Service Agreement

 

Important Notice

 

Aztech Technologies Pte Ltd and its associated companies (collectively “Aztech,” “we,” “us,” or “our”) hereby remind all users to carefully read and fully understand the terms of this Software License and Service Agreement (hereinafter referred to as the "Agreement") particularly those pertaining to your legal rights, remedies and obligations. These include the exemption or limitation of Aztech's liability and a dispute resolution clause that governs how disputes will be resolved. Terms associated with the exemption or limitation of liability are indicated by bold text; please read them carefully. After reading this Agreement carefully, you should decide whether you are willing to accept the terms listed herein (minors should read the Agreement together with a legal guardian). By using the Kyla mobile application or by downloading, installing or using software supplied by us (“Software”) which may be used in conjunction with our hardware products (“Products”) or in other ways that we provide (collectively, the “Service”), you represent and warrant that you have read, understood and agreed to be legally bound by the terms of this Agreement.

 

Aztech reserves the right to, at our sole discretion, change, modify, add, or remove any portion of this Agreement, and such amendments will be published on this webpage. You may browse the amended terms on this webpage. If you do not agree with the amended terms of the Agreement, please immediately discontinue your use of the Software and Service. Your continued use of the Software and Service constitutes your acceptance to the amended terms, if any, of this Agreement.

 

1. General Provisions

1.1. This Agreement is entered into by and between you (the "User"), Aztech and, as the case may be, its operating partner (hereinafter referred to as the "Partner") concerning your download, installation and use of the Software and Services.

 

1.2. The Software provided may be installed on a mobile device, though our Mobile Application, to use and access the Services.

 

 

2. Scope of Software Licensing

 
2.1. The rights of ownership and operation of the Software are owned by Aztech and/or its licensors.

 

2.2. Subject to the terms of this Agreement, Aztech grants you a limited, non-transferable, and non-exclusive license (without the right to sublicense) to use the Software.

 

2.3. You may install, use, display, and run the Software on a single mobile device for non-commercial purposes. However, the User shall not install, use, or run the Software for the purpose of any commercial operation. The User shall not copy, alter or modify any data stored within the Software, any data released to the memory of any terminal device during execution of the Software or any data generated during the interaction between the client and the server during execution of the Software. The User shall not create any derivative of the Software in any form, including but not limited to plug-ins, bots or accessing the Software and related systems through unauthorized third party tools/services. If you must sell, copy or distribute the Software commercially, such as for software pre-installation and bundling, a written authorization and permission from Aztech must be obtained in advance.

 

2.4. You may make one (1) copy of the Software for the sole purpose of using the Software and Services and as a backup. All backup copies shall include the copyright information provided with the original Software.

 

2.5. Except as expressly authorized by this Agreement, Aztech does not grant any other rights to the User. If the User intends to exercise any other right, the written consent from Aztech shall be obtained in advance.

 

 

3. Usage Specifications

3.1. The User shall download and install the Software in the manner designated by Aztech.Users are cautioned against downloading the Software from undesignated websites, so as to prevent their mobile devices from being infected by malicious programs thatmay compromise the User’s data and acquire confidential information from User. If you acquired the Software or an installation program with the same name as the Software from a third party that has not been authorized by Aztech, Aztech is unable to guarantee the normal functionality of such software and will not be liable for any losses you sustain from using such software.

 

3.2. The User must select the Software version that matches the terminal device it is to be installed on. Otherwise, any software problems, device problems or damages resulting from using an incompatible software version on the device model shall be solely assumed by the User.

 

 

4. Restrictions

 

4.1. The User agrees not to, and will not permit others to:

 

(i) Delete any copyright information from the Software and other duplicate copies, or modify, delete, or circumvent the technical measures set by the Software for the protection of intellectual property rights;
(ii) Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts to obtain the source code of the Software;
(iii) Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, regardless of whether or not such actions are performed for commercial purposes;
(iiii) Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others, and deletion, modification or addition of any saved data; unauthorized attempts to detect, scan, or test the Software system or network weaknesses, or to perform other actions to disrupt network security; attempted interference with or destruction of the normal operation of the Software system or website, deliberate spreading of malicious programs or viruses, or other acts carried out that disrupt or interfere with normal network information services; as well as the forging of names or partial names of TCP/IP data packets;
(v) Log into or use the Software and services through a third party compatible software or system which was not developed, authorized, or approved by Aztech, or make, publish, or disseminate the tools described above;
(vi) Without the written consent of Aztech, committing the following acts in relation tothe Software or the data contained therein including, but not limited to, the following: using, leasing, copying, modifying, linking to, reproducing, compiling, releasing, publishing or establishing a mirror site for or using the Software without authorization to develop related derivative products, works, services, plug-ins, bots, compatibility or interconnection;
(vii) Using the Software to publish, transmit, broadcast, or store content which violates applicable laws;
(viii) Use the Software to publish, transmit, disseminate or store any content that infringes on the legitimate rights and interests of others, such as intellectual property rights and trade secrets;
(ix) Use the Software to publish, transmit or disseminate advertising information or spam in bulk;
(x) Use the Software and other services provided by Aztech in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under this Agreement; and
(xi) When using the Software, the User shall comply with applicable laws. You shall not use the Software to commit the following acts, which includes but is not limited to:
1. Producing, reproducing, publishing, disseminating or storing any content that violates applicable laws;
2. Publishing, transmitting, disseminating or storing any content that infringes upon the legitimate rights and interests of others, such as their right to reputation, personality rights, intellectual property rights, and trade secrets;
3. Making up fictitious facts or concealing the truth to mislead or deceive others;
4. Publishing, transmitting or disseminating advertising information or spam;
5. Engaging in any other behaviour that violates applicable laws; and
6. Carrying out any commercial activities using the Software, such as advertising and selling merchandise without Aztech’s prior written permission.

 

4.2. User Warranties

 

4.2.1. Certain content may be displayed on or transmitted through the Services (including, but not limited to opinions, data, text, information, user names, images, photos, personal data, audio/video files and links (“Content”).

 

You warrant, represent and agree that where you have used the Software to publish such Content, you must guarantee that you own the intellectual property rights for or have obtained legal authorization to use the Content you upload and that your use of the Software and Services does not infringe any legitimate rights or interests of any third party.

 

Aztech may directly remove any Content you publish using the Software which is suspected or proven to be:

(i) Unlawful;
(ii) an infringement of the legitimate rights of third parties; or
(iii) a violation of this Agreement and any other agreements governing the terms of use of our Products and Services.

 

4.2.2. Your use of the Software and Services may be affected by various factors including but not limited to:

 

1. your own actions;
2. the quality of your network; and
3. security issues.

 

You warrant, represent and agree that you will strengthen all such security measures that are within your control (such as strengthening the password to the account which you registered the mobile application with) and acknowledge that all personal information that you provide when using our Software and Services are done so at your own risk.

 

 

5. Disclaimers

 
5.1. In order to use the Software and Services, you may be required to have access to a wireless network, and you hereby agree to pay any and all fees associated with such access, including but not limited to any costs associated with procuring a device required for Internet access and any and all telecommunication fees, data charges, and such related costs that may be incurred by accessing or using the Internet or that may be charged by third parties (such as telecommunications providers).

 

5.2. Aztech shall determine whether you have violated the above-mentioned restrictions andif it is found that you have done so, may suspend or terminate the license granted to you pursuant to this Agreement and/or or take any such measures as Aztech may deem necessary with respect to your use or access of the Software.

 

5.3. In order to improve your experience with our Products, Aztech may from time to time provide updated versions of the Software, which you may choose to download. Aztech may also charge for such updates but will notify you when we do so; and you will have the choice to pay for such updates or continue using the version of the Software that has not been updated. Aztech does not guarantee that versions of the Software that have not been updated will continue to be usable.

 

 

6. Limitation of liability

 
6.1. Nothing in this section is intended to exclude liability that cannot be excluded under applicable law.

 

6.2. Neither Aztech nor its Partner, as the case may be, shall be liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failures, technical problems, network and system instability, device failures or other force majeure factors.

 

6.3. When the User uses the Software or Services, the Software may call upon a third party to support the User's use or access of the Software and Services. Aztech does not guarantee the safety, accuracy and effectiveness of, or assume responsibility for, any service provided or offered by the third party through, or in connection with, the Software and Services; nor does Aztech assume any other uncertain risks or liability in the event that any dispute arises therefrom or damages and losses are caused thereby.

 

6.4. Aztech reserves the right to, at any time, modify, suspend or indefinitely discontinue the Services or any feature thereof with or without further notice to you. You agree that Aztech will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any feature thereof.

 

6.5. Aztech does not guarantee that the Software and Services provided are safe, effective, accurate and/or reliable.

 

6.6. The User shall be solely liable for compensation for any personal injury or incidental or indirect economic losses, including but not limited to compensation for profit loss, data loss and losses from interruption of business or any other commercial loss or compensation claim arising out of or in connection with any of the following circumstances:

 

(i) The User’s failure to use the licensed software in the manner provided by Aztech;
(ii) The unauthorized use of the Software or modification of the User's data by a third party;
(iii) Costs and losses incurred by the User during the use of the Software;
(iiii) Misunderstanding by the User of use of the Software; and
(v) Other losses in connection with the Software for reasons not attributable to Aztech.

 

6.7. The User shall indemnify and hold Aztech harmless from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including costs, incurred or suffered by Aztech as a result of the User's violation of any breach of this Agreement.

 

 

7. Ownership

 
7.1. The Software and all intellectual property rights such as copyright, trademark, patent, trade secret, etc. therein are the exclusive property of Aztech and, as the case may be, its Partners. Aztech and, as the case may be, its Partners, reserve all rights in and to the Software not expressly granted to you in this Agreement. There are no implied licenses in this Agreement. Any suggestions or feedback which you provide to Aztech regarding the Software and Services shall be Aztech’s property which we may use, copy, publish, or redistribute without reference or compensation to you. You further agree that Aztech does not waive any rights to use similar or related ideas previously known to or developed by Aztech, or obtained elsewhere.

 

 

8. Warranty Disclaimer

 
8.1. Aztech provides the Software “as-is” and disclaims all implied, express or statutory warranties and conditions with respect to its performance, to the maximum possible extent permitted by applicable law. Aztech does not guarantee any specific outcomes from the use of the Software and makes no warranty that the Software provided will be secure, timely, error-free, uninterrupted or free of viruses or other Service-related issues.

 

 

9. Governing Law and Dispute Resolution 

 
9.1. By using or accessing the Software, you agree that the laws of the Republic of Singapore, without reference to the principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Aztech. In the absence of relevant legal provisions, international business practices and/or business practices may be used as references.

 

9.2. Both the User and Aztech agree that any dispute arising from the use or access of the Software shall first be settled through consultations by the parties. If no settlement can be reached through such consultations, both parties agree to submit said dispute or claim under this Agreement to, and waive any venue objections against, the exclusive jurisdiction of the Singapore Courts. Notwithstanding the foregoing, Aztech has the right at any time to seek a temporary or permanent injunction or other equitable remedy or relief in any court having subject matter jurisdiction anywhere in the world.

 

 

10. Miscellaneous

 
 
10.1. The terms of your use and access of the Software may be updated and such updates will be notified through third-party platforms through which you downloaded the mobile Application from (“App Stores” from Google and Apple). Certain services may be subject to further terms (“Additional Terms”) and such Additional Terms may be presented to you before you use or access the additional service(s).

 

10.2. The headings of all sections in this Agreement are for ease of reference only and in themselves contain no practical significance; they cannot be used in interpreting the meaning of this Agreement.

 

10.3. If any provision of this Agreement is or becomes invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and binding upon all parties to this Agreement.

 

10.4. The rights and the obligations arising under this Agreement are non-assignable.

 

10.5. Notices may be provided by email to the e-mail address that you used to register anaccount with the mobile application.

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