We are ECOCREATE TECHNOLOGY PTE.LTD. ("Company,""we," "us," "our").
We operate the website https://www.sellerpic.ai (the "Site"), as well asany other related products and services that refer or link to these legal terms(the "LegalTerms") (collectively, the "Services").
You can contact us by email at support@sellerpic.ai or by mail to 21 WOODLANDSCLOSE #04-30 PRIMZ BIZHUB SINGAPORE (737854), _, Singapore.
These Legal Terms constitute a legally binding agreement made between you,whether personally or on behalf of an entity ("you"), and ECOCREATETECHNOLOGY PTE. LTD., concerning your access to and use of the Services. Youagree that by accessing the Services, you have read, understood, and agreed tobe bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESELEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOUMUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on theServices from time to time are hereby expressly incorporated herein byreference. We reserve the right, in our sole discretion, to make changes ormodifications to these Legal Terms from time to time. We will alert you aboutany changes by updating the "Last updated" date of these Legal Terms,and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these LegalTerms to stay informed of updates. You will be subject to, and will be deemedto have been made aware of and to have accepted, the changes in any revisedLegal Terms by your continued use of the Services after the date such revisedLegal Terms are posted.
All users who are minors in the jurisdiction in which they reside (generallyunder the age of 18) must have the permission of, and be directly supervisedby, their parent or guardian to use the Services. If you are a minor, you musthave your parent or guardian read and agree to these Legal Terms prior to youusing the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when usingthe Services is not intended for distribution to or use by any person or entityin any jurisdiction or country where such distribution or use would be contraryto law or regulation or which would subject us to any registration requirementwithin such jurisdiction or country. Accordingly, those persons who choose toaccess the Services from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent locallaws are applicable.
The Services are not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use the Services. You may not usethe Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee ofall intellectual property rights in our Services, including all source code,databases, functionality, software, website designs, audio, video, text,photographs, and graphics in the Services (collectively, the"Content"), as well as the trademarks, service marks, and logoscontained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (andvarious other intellectual property rights and unfair competition laws) andtreaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS"for your personal, non-commercial use or internal business purpose only.
Subject to your compliance withthese Legal Terms, including the "PROHIBITED ACTIVITIES" sectionbelow, we grant you a non-exclusive, nontransferable, revocable license to:
• access the Services; and
• download or print a copy of any portion of the Content to which you haveproperly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part ofthe Services and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than asset out in this section or elsewhere in our Legal Terms, please address yourrequest to: support@sellerpic.ai. If we ever grant you the permission to post,reproduce, or publicly display any part of our Services or Content, you mustidentify us as the owners or licensors of the Services, Content, or Marks andensure that any copyright or proprietary notice appears or is visible onposting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a materialbreach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the"PROHIBITED ACTIVITIES" section carefully prior to using our Servicesto understand the (a) rights you give us and (b) obligations you have when youpost or upload any content through the Services.
Submissions: Bydirectly sending us any question, comment, suggestion, idea, feedback, or otherinformation about the Services ("Submissions"), you agree to assignto us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use anddissemination for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contributeto, or participate in blogs, message boards, online forums, and otherfunctionality during which you may create, submit, post, display, transmit,publish, distribute, or broadcast content and materials to us or through theServices, including but not limited to text, writings, video, audio,photographs, music, graphics, comments, reviews, rating suggestions, personalinformation, or other material ("Contributions"). Any Submission thatis publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of theServices and possibly through third-party websites.
When you post Contributions,you grant us a license (including use of your name, trademarks, and logos): Byposting any Contributions, you grant us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,worldwide right, and license to: use, copy, reproduce, distribute, sell,resell, publish, broadcast, retitle, store, publicly perform, publicly display,reformat, translate, excerpt (in whole or in part), and exploit yourContributions (including, without limitation, your image, name, and voice) forany purpose, commercial, advertising, or otherwise, to prepare derivative worksof, or incorporate into other works, your Contributions, and to sublicense thelicenses granted in this section. Our use and distribution may occur in anymedia formats and through any media channels.
This license includes our use of your name, company name, and franchise name,as applicable, and any of the trademarks, service marks, trade names, logos,and personal and commercial images you provide.
You are responsible for whatyou post or upload: By sending us Submissions and/orposting Contributions through any part of the Services or making Contributionsaccessible through the Services by linking your account through the Services toany of your social networking accounts, you:
• confirm that you have read and agree with our "PROHIBITEDACTIVITIES" and will not post, send, publish, upload, or transmit throughthe Services any Submission nor post any Contribution that is illegal,harassing, hateful, harmful, defamatory, obscene, bullying, abusive,discriminatory, threatening to any person or group, sexually explicit, false,inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rightsto any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you orthat you have the necessary rights and licenses to submit such Submissionsand/or Contributions and that you have full authority to grant us theabove-mentioned rights in relation to your Submissions and/or Contributions;and
• warrant and represent that your Submissions and/or Contributions do notconstitute confidential information.
You are solely responsible for your Submissions and/or Contributions and youexpressly agree to reimburse us for any and all losses that we may sufferbecause of your breach of (a) this section, (b) any third party's intellectualproperty rights, or (c) applicable law.
We may remove or edit yourContent: Although we have no obligation to monitor anyContributions, we shall have the right to remove or edit any Contributions atany time without notice if in our reasonable opinion we consider suchContributions harmful or in breach of these Legal Terms. If we remove or editany such Contributions, we may also suspend or disable your account and reportyou to the authorities.
We respect the intellectual property rights of others. If you believe that any material available on or through theServices infringes upon any copyright you own or control, please immediatelyrefer to the "COPYRIGHT INFRINGEMENTS" section below.
By using the Services, you representand warrant that: (1) all registration information you submit will be true, accurate,current, and complete; (2) you will maintain the accuracy of such informationand promptly update such registration information as necessary; (3) you havethe legal capacity and you agree to comply with these Legal Terms; (4) you arenot a minor in the jurisdiction in which you reside, or if a minor, you havereceived parental permission to use the Services; (5) you will not access theServices through automated or non-human means, whether through a bot, script orotherwise; (6) you will not use the Services for any illegal or unauthorizedpurpose; and (7) your use of the Services will not violate any applicable lawor regulation.
If you provide any information that is untrue, inaccurate, not current,or incomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Services (or any portionthereof).
You may be required to register touse the Services. You agree to keep your password confidential and will beresponsible for all use of your account and password. We reserve the right toremove, reclaim, or change a username you select if we determine, in our solediscretion, that such username is inappropriate, obscene, or otherwiseobjectionable.
We accept the following forms ofpayment:
You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Services. You further agree topromptly update account and payment information, including email address,payment method, and payment card expiration date, so that we can complete yourtransactions and contact you as needed. Sales tax will be added to the price ofpurchases as deemed required by us. We may change prices at any time. Allpayments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchasesand any applicable shipping fees, and you authorize us to charge your chosenpayment provider for any such amounts upon placing your order. We reserve theright to correct any errors or mistakes in pricing, even if we have alreadyrequested or received payment.
We reserve the right to refuse any order placed through the Services. We may,in our sole discretion, limit or cancel quantities purchased per person, perhousehold, or per order. These restrictions may include orders placed by orunder the same customer account, the same payment method, and/or orders thatuse the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment,appear to be placed by dealers, resellers, or distributors.
Your subscription will continue andautomatically renew unless canceled. You consent to our charging your payment methodon a recurring basis without requiring your prior approval for each recurringcharge, until such time as you cancel the applicable order. The length of your billing cyclewill depend on the type of subscription plan you choose when you subscribed tothe Services.
You can cancel your subscription atany time by logging into your account. Your cancellation will take effect atthe end of the current paid term. If you have any questions or are unsatisfiedwith our Services, please email us at support@sellerpic.ai.
We may, from time to time, makechanges to the subscription fee and will communicate any price changes to youin accordance with applicable law.
Due to the considerable expensesassociated with developing AI models and generating AI-based photos, we areunable to offer refunds. Additionally, our upstream providers do not permitrefunds for the GPU processing time necessary to deliver these services, whichwould result in a financial loss for our business.
By signing up for our services, you acknowledge and agree to this refundpolicy. You may cancel your subscription at any time, and your subscriptionwill remain active until the end of the current billing cycle.
You may not access or use theServices for any purpose other than that for which we make the Servicesavailable. The Services may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, ordirectory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features ofthe Services, including features that prevent or restrict the use or copying ofany Content or enforce limitations on the use of the Services and/or theContent contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or theServices.
• Use any information obtained from the Services in order to harass, abuse, orharm another person.
• Make improper use of our support services or submit false reports of abuse ormisconduct.
• Use the Services in a manner inconsistent with any applicable laws orregulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with anyparty's uninterrupted use and enjoyment of the Services or modifies, impairs,disrupts, alters, or interferes with the use, features, functions, operation,or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of anotheruser.
• Upload or transmit (or attempt to upload or to transmit) any material thatacts as a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices(sometimes referred to as "spyware" or "passive collectionmechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or thenetworks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent orrestrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash,PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up a partof the Services.
• Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offlinereader that accesses the Services, or use or launch any unauthorized script orother software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
• Use the Services as part of any effort to compete with us or otherwise usethe Services and/or the Content for any revenue-generating endeavor orcommercial enterprise.
The Services may invite you to chat,contribute to, or participate in blogs, message boards, online forums, andother functionality, and may provide you with the opportunity to create,submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or on the Services, including but not limited totext, writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of theServices and through third-party websites. As such, any Contributions youtransmit may be treated as non-confidential and non-proprietary. When youcreate or make available any Contributions, you thereby represent and warrantthat:
• The creation, distribution, transmission, public display, or performance, andthe accessing, downloading, or copying of your Contributions do not and willnot infringe the proprietary rights, including but not limited to thecopyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Services,and other users of the Services to use your Contributions in any mannercontemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name orlikeness of each and every such identifiable individual person to enableinclusion and use of your Contributions in any manner contemplated by theServices and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
• Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specific personor class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of anythird party.
• Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
• Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material thatviolates, any provision of these Legal Terms, or any applicable law orregulation.
Any use of the Services in violation of the foregoing violates theseLegal Terms and may result in, among other things, termination or suspension ofyour rights to use the Services.
By posting your Contributions to anypart of the Services or making Contributions accessible to the Services bylinking your account from the Services to any of your social networkingaccounts, you automatically grant, and you represent and warrant that you havethe right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,nonexclusive, transferable, royalty-free, fully-paid, worldwide right, andlicense to host, use, copy, reproduce, disclose, sell, resell, publish,broadcast, retitle, archive, store, cache, publicly perform, publicly display,reformat, translate, transmit, excerpt (in whole or in part), and distributesuch Contributions (including, without limitation, your image and voice) forany purpose, commercial, advertising, or otherwise, and to prepare derivativeworks of, or incorporate into other works, such Contributions, and grant andauthorize sublicenses of the foregoing. The use and distribution may occur inany media formats and through any media channels.
This license will apply to any form, media, or technology now known orhereafter developed, and includes our use of your name, company name, andfranchise name, as applicable, and any of the trademarks, service marks, tradenames, logos, and personal and commercial images you provide. You waive allmoral rights in your Contributions, and you warrant that moral rights have nototherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are notliable for any statements or representations in your Contributions provided byyou in any area on the Services. You are solely responsible for yourContributions to the Services and you expressly agree to exonerate us from anyand all responsibility and to refrain from any legal action against usregarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,redact, or otherwise change any Contributions; (2) to re-categorize anyContributions to place them in more appropriate locations on the Services; and(3) to pre-screen or delete any Contributions at any time and for any reason,without notice. We have no obligation to monitor your Contributions.
As part of the functionality of theServices, you may link your account with online accounts you have withthird-party service providers (each such account, a "Third-PartyAccount") by either: (1) providing your Third-Party Account login informationthrough the Services; or (2) allowing us to access your Third-Party Account, asis permitted under the applicable terms and conditions that govern your use ofeach Third-Party Account. You represent and warrant that you are entitled todisclose your Third-Party Account login information to us and/or grant usaccess to your Third-Party Account, without breach by you of any of the termsand conditions that govern your use of the applicable Third-Party Account, andwithout obligating us to pay any fees or making us subject to any usagelimitations imposed by the third-party service provider of the Third-PartyAccount. By granting us access to any Third-Party Accounts, you understand that(1) we may access, make available, and store (if applicable) any content thatyou have provided to and stored in your Third-Party Account (the "SocialNetwork Content") so that it is available on and through the Services viayour account, including without limitation any friend lists and (2) we maysubmit to and receive from your Third-Party Account additional information tothe extent you are notified when you link your account with the Third-PartyAccount. Depending on the Third-Party Accounts you choose and subject to theprivacy settings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts may beavailable on and through your account on the Services. Please note that if aThird-Party Account or associated service becomes unavailable or our access tosuch Third-Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through theServices. You will have the ability to disable the connection between youraccount on the Services and your Third-Party Accounts at any time. PLEASENOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATEDWITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITHSUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review anySocial Network Content for any purpose, including but not limited to, foraccuracy, legality, or non-infringement, and we are not responsible for anySocial Network Content. You acknowledge and agree that we may access your emailaddress book associated with a Third-Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Services. You can deactivate the connection between the Services and yourThird-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete anyinformation stored on our servers that was obtained through such Third-Party Account,except the username and profile picture that become associated with youraccount.
The Services may contain (or you maybe sent via the Site) links to other websites ("Third-PartyWebsites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and othercontent or items belonging to or originating from third parties("Third-Party Content"). Such Third-Party Websites andThird-Party Content are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Services or any Third-Party Contentposted on, available through, or installed from the Services, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Services andaccess the Third-Party Websites or to use or install any Third-Party Content,you do so at your own risk, and you should be aware these Legal Terms no longergovern. You should review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigate from theServices or relating to any applications you use or install from the Services. Anypurchases you make through Third-Party Websites will be through other websitesand from other companies, and we take no responsibility whatsoever in relationto such purchases which are exclusively between you and the applicable thirdparty. You agree and acknowledge that we do not endorse the products orservices offered on Third-Party Websites and you shall hold us blameless fromany harm caused by your purchase of such products or services. Additionally,you shall hold us blameless from any losses sustained by you or harm caused toyou relating to or resulting in any way from any Third-Party Content or anycontact with Third-Party Websites.
We reserve the right, but not theobligation, to: (1) monitor the Services for violations ofthese Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including withoutlimitation, reporting such user to law enforcement authorities; (3) in our solediscretion and without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion andwithout limitation, notice, or liability, to remove from the Services orotherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.
We care about data privacy andsecurity. Please review our Privacy Policy: https://www.sellerpic.ai/privacy-policy. By using the Services, you agreeto be bound by our Privacy Policy, which is incorporated into these LegalTerms. Please be advised the Services are hosted in the United States. If youaccess the Services from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in the United States, then through your continued use ofthe Services, you are transferring your data to the United States, and youexpressly consent to have your data transferred to and processed in the UnitedStates.
We respect the intellectual propertyrights of others. If you believe that any material available on or through theServices infringes upon any copyright you own or control, please immediatelynotify us using the contact information provided below (a "Notification").A copy of your Notification will be sent to the person who posted or stored thematerial addressed in the Notification. Please be advised that pursuant toapplicable law you may be held liable for damages if you make material misrepresentationsin a Notification. Thus, if you are not sure that material located on or linkedto by the Services infringes your copyright, you should consider firstcontacting an attorney.
These Legal Terms shall remain infull force and effect while you use the Services. WITHOUT LIMITING ANYOTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THESERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANYREASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANYAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THESERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTEDAT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.If we terminate orsuspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. In additionto terminating or suspending your account, we reserve the right to take appropriatelegal action, including without limitation pursuing civil, criminal, andinjunctive redress.
We reserve the right to change,modify, or remove the contents of the Services at any time or for any reason atour sole discretion without notice. However, we have no obligation to updateany information on our Services. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theServices.
We cannot guarantee the Services will be available at all times. We mayexperience hardware, software, or other problems or need to perform maintenancerelated to the Services, resulting in interruptions, delays, or errors. Wereserve the right to change, revise, update, suspend, discontinue, or otherwisemodify the Services at any time or for any reason without notice to you. Youagree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Services during anydowntime or discontinuance of the Services. Nothing in these LegalTerms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.
To expedite resolution and controlthe cost of any dispute, controversy, or claim related to these Legal Terms(each a "Dispute" and collectively, the "Disputes") broughtby either you or us (individually, a "Party" and collectively, the"Parties"), the Parties agree to first attempt to negotiate anyDispute (except those Disputes expressly provided below) informally for atleast 60 days before initiating arbitration.Such informal negotiations commence upon written notice from one Party to theother Party.
Any dispute arising out of or inconnection with these Legal Terms, including any question regarding itsexistence, validity, or termination, shall be referred to and finally resolvedby the International Commercial Arbitration Court under theEuropean Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) accordingto the Rules of this ICAC, which, as a result of referring to it, is consideredas the part of this clause. The number of arbitrators shall be___1___. The seat, or legal place, orarbitration shall be Singapore. The language of the proceedings shall be __English____. The governing law of theseLegal Terms shall be substantive law of Singapore.
The Parties agree that anyarbitration shall be limited to the Dispute between the Parties individually.To the full extent permitted by law, (a) no arbitration shall be joined withany other proceeding; (b) there is no right or authority for any Dispute to bearbitrated on a class-action basis or to utilize class action procedures; and(c) there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
The Parties agree that the followingDisputes are not subject to the above provisions concerning informalnegotiations binding arbitration: (a) any Disputes seeking to enforce orprotect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft,piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable,then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listedfor jurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
There may be information on theServices that contains typographical errors, inaccuracies, or omissions,including descriptions, pricing, availability, and various other information.We reserve the right to correct any errors, inaccuracies, or omissions and tochange or update the information on the Services at any time, without priornotice.
THE SERVICES ARE PROVIDED ON ANAS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BEAT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKEDTO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURYOR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROMTHE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANYWEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, ANDWE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
IN NO EVENT WILL WE OR OURDIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, andhold us harmless, including our subsidiaries, affiliates, and all of ourrespective officers, agents, partners, and employees, from and against anyloss, damage, liability, claim, or demand, including reasonable attorneys' feesand expenses, made by any third party due to or arising out of: (1) yourContributions; (2) use of the Services; (3) breach of these Legal Terms; (4)any breach of your representations and warranties set forth in these LegalTerms; (5) your violation of the rights of a third party, including but notlimited to intellectual property rights; or (6) any overt harmful act towardany other user of the Services with whom you connected via the Services.Notwithstanding the foregoing, we reserve the right, at your expense, to assumethe exclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate, at your expense, with our defense ofsuch claims. We will use reasonable efforts to notify you of any such claim,action, or proceeding which is subject to this indemnification upon becomingaware of it.
We will maintain certain data thatyou transmit to the Services for the purpose of managing the performance of theServices, as well as data relating to your use of the Services. Although weperform regular routine backups of data, you are solely responsible for alldata that you transmit or that relates to any activity you have undertakenusing the Services. You agree that we shall have no liability to you for anyloss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.
Visiting the Services, sending usemails, and completing online forms constitute electronic communications. Youconsent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Services, satisfy any legal requirementthat such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, or other lawsin any jurisdiction which require an original signature or delivery o retentionof non-electronic records, or to payments or the granting of credits by anymeans other than electronic means.
If any complaint with us is notsatisfactorily resolved, you can contact the Complaint Assistance Unit of theDivision of Consumer Services of the California Department of Consumer Affairsin writing at 1625 North Market Blvd., Suite N 112, Sacramento, California95834 or by telephone at (800) 952-5210 or 916) 445-1254.
These Legal Terms and any policiesor operating rules posted by us on the Services or in respect to the Servicesconstitute the entire agreement and understanding between you and us. Ourfailure to exercise or enforce any right or provision of these Legal Termsshall not operate as a waiver of such right or provision. These Legal Termsoperate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsibleor liable for any loss, damage, delay, or failure to act caused by any causebeyond our reasonable control. If any provision or part of a provision of theseLegal Terms is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Legal Termsand does not affect the validity and enforceability of any remainingprovisions. There is no joint venture, partnership, employment or agencyrelationship created between you and us as a result of these Legal Terms or useof the Services.You agree that these Legal Terms will not be construed againstus by virtue of having drafted them. You hereby waive any and all defenses youmay have based on the electronic form of these Legal Terms and the lack ofsigning by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
ECOCREATE TECHNOLOGY PTE. LTD.
21 WOODLANDS CLOSE #04-30 PRIMZ BIZHUB SINGAPORE (737854)
Singapore
support@sellerpic.ai
