Terms of Service

Welcome to DeployAgent, provided by SPARKHUB PTE. LTD. , a company incorporated in Singapore ("we", "us", or "our").

These Terms of Service (referred to as the "Terms") constitute a binding legal agreement between you ("user," "you," "your") and us (including our successors and assigns). DeployAgent refers to the websites, products, and other services related to DeployAgent that we offer (collectively, the "Services"). The Terms establish the terms and conditions governing your access to and use of the Services. We strongly advise you to carefully read and fully understand these Terms and their conditions.

Your Agreement to these Terms of Service

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by the Terms, and you represent that you have the full legal capacity and competence to enter into a binding agreement with us. If you do not agree to the Terms, please refrain from accessing or using any of the Services.

Your access to and use of the Services are also subject to our Privacy Policy as well as any additional guidelines or rules that may be made available to you from time to time. The terms of these documents will be posted through our Services or otherwise notified to you, and they are incorporated herein by reference.

If you have any questions or comments regarding these Terms, please contact us at deployagent@sparkhubcorp.com. We will be happy to answer your questions.

Arbitration Notice: These terms contain an arbitration clause and a waiver of rights to bring a class action against us. Except for certain types of disputes mentioned in that arbitration clause, you agree that disputes between us will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

Age and Eligibility

You must be at least 16 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Services may only be used or accessed through an electronic device controlled by you at all times. A valid DeployAgent account may only be created and maintained if you provide valid information in the signup process, and you regularly update such information to assure its accuracy. You shall be responsible for maintaining the confidentiality of login information associated with your account, and you are responsible for all activities that occur under your account.

Temporary Use License

During the period for which you are authorized to use the Services, and subject to your compliance with the terms of this Agreement, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license, to use the Services for your internal business or personal purposes according to the service capacity of your account. Any rights not expressly granted herein are reserved and no license or right to use any trademark of DeployAgent or any third-party is granted to you in connection with the Services.

Changes to these Terms

In order to improve your user experience or enhance product safety performance, we may modify DeployAgent and the Services from time to time. We reserve the right to change the Terms as necessary in accordance with applicable laws and regulations. If we make changes to it, we will notice through our notifications, in-app announcements or other means to provide you with the opportunity to review the changes. We will also update the "Last Updated" at the top of these terms to reflect the effective date of such terms. So please come back and review these terms regularly.

By continuing to access or use the Services after the revised Terms become effective, you agree to be bound by them. If you do not agree to the revised Terms, you must cease accessing or using the Services.

Use of Services

• Service provision. Please note that not all Services or features may be available in your jurisdiction. Different versions of the Services may offer different features, we may periodically update or modify the Services. The Services are owned and operated by us, and we retain all rights to the Services that are not expressly granted to you in these Terms.

• Accounts and Registration. When you register for a DeployAgent account authorized to access the Services (“Account”), you can register for an Account through a third party platform account（Google account）. You agree that you shall additionally comply with any applicable terms and conditions of that third party platform. You are responsible for safeguarding any and all Account details and access credentials, and you shall be responsible for any use of the Account or Services and all activities that occur under your Account, regardless of whether the activities are authorized or undertaken by you, your employees or a third party (including your contractors, agents and/or End Users), and including in circumstances due to your failure to properly safeguard such Account details and access credentials. Except to the extent caused by our breach of these Terms, DeployAgent and its Affiliates are not responsible for any unauthorized access to your account. Any breach of these Terms or any use of your Account by anyone will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. We may deny you the right to create an account.

• License. Any entities or individuals that access the Services under your Account 、Webiste or an Application are referred to in these Terms as “End Users”. You shall and shall ensure that your authorized End Users access and use the Services in accordance with these Terms during the Term. Such Services shall be provided during the Term. You and your authorized End Users shall only access the Services via your Account and the use of any Services shall be subject to these Terms. If you become aware of any unauthorized use of your Account or the password for your Account, you will notify DeployAgent immediately. If you are an entity, organization, or company, you will ensure your employees and contractors access the Services through your Account. You acknowledge that DeployAgent or its licensors own all rights, titles and interest in and to the Services and the Software. Subject to your and your authorized End Users’ compliance with these Terms, DeployAgent grants, or shall procure the grant, to you and your authorized End Users a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Software in a manner not exceeding any applicable usage limitation or term, and only in connection with the Services. To the extent that any Software comes with an end user license agreement, terms of service or other similar agreement governing the use of such Software, you agree that you will, and ensure your End Users, strictly comply with such agreement. Other than as specified in the foregoing, no other rights are granted to you under these Terms to use the Services (including any Software offered in connection therewith).

• Suspension of Services. If you become aware or reasonably suspect that any Website or Application (including an End User’s use of an Application) or User Data violates these Terms, you will immediately suspend the Website or Application, remove the User Data, and suspend access by End Users. If you fail to take such action, DeployAgent may suspend or disable the Website、Application and your Account until that violation is remediated to DeployAgent’s satisfaction. In the event that DeployAgent determines at its sole discretion that your or your End User’s use of the Services could: (a) disrupt the Services; (b)disrupt use of the Services by a third party; (c) disrupt the DeployAgent network or servers used to provide the Services; (d) allow unauthorized third party access to the Services; or (e) otherwise pose a security risk or threat or result in any legal or regulatory liability to DeployAgent, then DeployAgent or its Affiliates may immediately and without prior notice to you, restrict or suspend your Account or the offending Application or End User account, to the extent required to address such concern. You agree that you are responsible for all Fees incurred or payable during such period of restricted or suspended use.

• Service Modification or Discontinuation. DeployAgent may discontinue or make any changes to the Services (or any portion thereof) at any time without incurring liability to you. DeployAgent may choose to, without limitation, discontinue, limit, restrict, change or remove the Services, any Service component, or availability of the Services (or any portion or component thereof) in any specific Service Region, territory or industry sector or field of business. If DeployAgent discontinues or makes any changes to the Services that would materially decrease the functionality of those Services, DeployAgent will use commercially reasonable efforts to inform you of the change with reasonable advance notice before it goes into effect, provided that you have subscribed to be informed about those changes. DeployAgent may make the change, and will not be obligated to provide notice, if the discontinuation or change is necessary to address an emergency or threat to the security or integrity of the Services or DeployAgent, comply with or respond to litigation, address Intellectual Property Rights concerns, or comply with the law or government requests. DeployAgent may provide periodic updates to the Software or Services from time to time (“Updates”). DeployAgent may also make new features or functionality available from time to time through the Services and add new services to the Services from time to time, the use of which may be contingent upon your agreement to additional requirements.

• Third Party Applications. You are solely responsible for any software, tools or applications used by you in connection with your use of the Services ("Third Party Software"), including third party software made available or offered in connection with the Services. DeployAgent is not responsible for and is not liable for any damages or losses arising from the use of the Third Party Software, and DeployAgent does not endorse, support or guarantee the quality, reliability, or suitability of any Third Party Software. You agree that the use and making available of any Third Party Software is at your own risk. You shall comply with and ensure that your End Users comply with any terms and conditions applicable to Third Party Software. DeployAgent does not provide any technical support for any Third Party Software.

Your Obligations

• Contents. You are solely responsible for all software, code, data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Services ("Your Content"). You are responsible for maintaining the confidentiality of usernames and passwords associated with your account and for all activities that occur under your account.

• Compliance. You are solely responsible for your Websites and User Data and for making sure your Websites and User Data comply with these Terms and that use of the same in connection with the Services complies with applicable laws. DeployAgent reserves the right to review all Applications to ensure your compliance with these Terms. You acknowledge and agree that you are responsible for all use of the Services by End Users, End Users’ access to Applications and User Data, activities under Accounts, and for otherwise ensuring that each End User complies with these Terms.

• Privacy. You acknowledge and agree that you are solely responsible for the processing of any Personal Data in respect of End Users and any persons whose Personal Data is contained in the User Data, and shall protect the privacy of the End Users and such persons, and shall comply with all applicable laws and regulations in respect of the same (including by making such disclosures, and obtaining such consents, as are necessary to ensure the Personal Data of End Users or any persons whose Personal Data is contained in User Data may be processed by the Services). You shall be solely responsible for any access, monitoring, use, or disclosure of Personal Data submitted by End Users through the Services.

• Restrictions. You will not, and will not allow your Affiliates, employees, and contractors and any third parties under your control, management, supervision, or otherwise to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (except to the extent such a restriction is expressly prohibited by applicable law, and where you are permitted by law to so reverse engineer, you will contact DeployAgent to obtain the desired information prior to such reverse engineering); (b) use the Services for the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Services could lead to death, personal injury, or environmental damage; (c) use the Services as benchmarking or in any manner that is competitive with the Services; (d) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; or (e)access the Services in a manner intended to avoid incurring Fees or otherwise avoiding usage limitations.

• Consent from End Users. You represent and warrant that you have obtained any necessary consents from End Users in accordance with, and such consents are obtained in the manner, if any, prescribed by, applicable laws (including Data Protection Laws) to enable your, our, our Affiliates’ and our Sub-Processors’ processing of User Data in accordance with applicable laws (including Data Protection Laws), including but not limited to: (i) freely given, specific, informed, explicit, and unambiguous consents from End Users to the extent you integrate our Services or we otherwise store, access or collect information directly or indirectly on or from End User’s devices; and (ii) freely given, specific, informed, explicit, and unambiguous consents from End Users to the extent our Privacy Policy (as updated from time to time) and/or relevant Module under the Privacy Policy (as updated from time to time) stipulates that the legal basis of processing any End User's Personal Data is consent.

Acceptable Use

You agree not to (and to not allow or cause any person (including any End Users) to) engage in any of the following prohibited activities (or encourage any person to engage in such prohibited activities) on or in relation to DeployAgent.

• No breach of the DeployAgent Terms of Service. You may not use DeployAgent in any manner or for any purpose which breaches the DeployAgent Terms of Service (including this Policy) or which breaches the terms of service of any other DeployAgent service or product.

• No illegal, harmful or offensive use or content. You may not use DeployAgent to:

  • violate any applicable laws, regulations, governmental orders or decrees;

  • engage in, promote, or encourage any illegal (or potentially illegal) activities;

  • send any unsolicited, unauthorised spam, advertising or promotional messages;

  • share or publish any other person’s personally identifiable information using DeployAgent without their express consent;

  • create multiple accounts for disruptive or abusive purposes;

  • submit, upload, store, transmit, distribute, display or otherwise make available any content (whether displayed publicly or not) which in fact or in our reasonable opinion:

  • infringes our rights or any third party’s rights – including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;

  • creates a risk of loss or damage to any person or property;

  • is fraudulent, false, misleading or deceptive;

  • harms or exploits, or may harm or exploit any person (whether adult or minor) in any way, including via bullying or harassment, or threats, support, or encouragement of violence;

  • is hateful, harassing, abusive, promoting bigotry, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;

  • promotes or encourages self-harming; or is pornographic, sexually explicit, violent or otherwise of a mature nature;

  • impersonate any person or misrepresent your affiliation with any person or entity in registering or using an account (including by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using DeployAgent.

• No security breach or network abuse. You may not use DeployAgent to:

  • interfere with, or attempt to interfere with, any user’s or any other party’s access to DeployAgent;

  • disable, interfere with or circumvent any parts of DeployAgent;

  • intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;

  • probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, DeployAgent, our Systems or other users' Systems. "Systems" means any network, computer or telecommunication systems;

  • decompile, reverse compile or reverse engineer any of DeployAgent Software, or seek to do any of the foregoing, except to the extent that applicable laws and regulations do not allow us to prevent you from doing this;

  • interfere with our, any user's or any other party's Systems – including via unauthorised access; interception of data or connections; falsifying the origin of your data or connections; or attacking any Systems in an unauthorised manner (including by "Denial of Service" attacks or broadcast attacks); or

  • operating any Systems or services on (or that connect to) DeployAgent that are prohibited by us, at our sole discretion.

You may not, and you may not permit any other person (including any End Users) to (except where we expressly permit you to do so):

• sub-license, rent, lease or sell DeployAgent Software;

• use DeployAgent Software to gain unauthorised access to any system, account or data;

• directly or indirectly charge others for use or access to DeployAgent Software;

• directly or indirectly suggest our support or endorsement of any product, service or content (including any personal web site);

• remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on DeployAgent Software;

• misrepresent the source or ownership of DeployAgent Software;

• copy, reproduce, adapt, modify, translate or create derivate works from DeployAgent Software, lend, hire, rent, perform, sub-license, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part, or attempt to do any of the foregoing;

• attempt to disrupt or interfere with DeployAgent Software, including manipulating the legitimate operation of DeployAgent Software;

• use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with DeployAgent Software;

• disrupt or overburden any computer or server used to offer or support DeployAgent Software, or other users’ use of DeployAgent Software; or

• develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with DeployAgent Software, except where we expressly permit you to do so via DeployAgent Software. Where we have granted you such express permission, such use by you of the DeployAgent Software will be subject to the DeployAgent Terms of Service and any Additional Terms as notified by us to you.

• Please note that there may be technological measures in DeployAgent Software that are designed to prevent unlicensed or unauthorised use of DeployAgent Software or use of DeployAgent Software in breach of this Policy. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.

Breach of this term or muse of DeployAgent:

• We reserve the right, but are not obliged, to investigate any alleged breach of this Policy or misuse of DeployAgent. If we anticipate, consider or suspect that your DeployAgent account has or may be used for unauthorized, illegal or improper use of any DeployAgent services in breach of this Policy, we may at our sole discretion and without notice to you, take necessary action as we deem appropriate to suspend or terminate your access to DeployAgent and/or blocking messages or content from a particular IP address or domain.

• We may suspend or terminate any user's use of or access to DeployAgent in accordance with the DeployAgent Terms of Service. In addition, and to the extent not already allowed by the DeployAgent Terms of Service, we may report any activity that violates (or may violate) any applicable laws or regulations to appropriate law enforcement or regulatory authorities or other appropriate third parties, and cooperate with such authorities or third parties in any related investigations. Such cooperation may include disclosing:

  • Your Content in accordance with the DeployAgent Terms of Service;

  • any DeployAgent-related information that relates to the alleged breach of this Policy or misuse of DeployAgent;

  • any other information or materials as allowed by the DeployAgent Terms of Service.

Fees and Payments

• You may, from time to time, be required to make payments to us as part of your use of the Services (“Fees”). Except as otherwise set forth in any region-specific or Service specific terms, all Fees are non-refundable and exclusive of any Taxes. You agree that you are solely responsible for payment of all Fees and Taxes associated with any such payments. All payments made by you shall be made free and clear of and without deduction for any tax, set-off, withholding or counterclaim.

• At the time you create an Account or otherwise sign up for the Services, you may be asked to provide a credit card, and thereafter may be able to link alternative means of payment to your Account (each a “Payment Method”). You agree that (subject to applicable laws and regulations): (a) you authorize us to: (1) save your chosen Payment Method's information (e.g., credit card information) on our systems or that of our payment processor; and (2) periodically bill your chosen Payment Method for Services consumed during the prior month or pursuant to an alternative payment structure we agree to; (b) if any payment made via your chosen Payment Method is rejected, denied, not received by us or returned unpaid for any reason: (1) we may restrict, suspend or terminate your or your End User’s access to the Services (in each case in whole or in part) until your payment is properly processed; (2) charges will continue to be incurred and you are liable to us for any Fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may charge you for such amounts); and (3) we may charge late fees up to the maximum amount permissible under law.

• Your card issuer may charge you an online handling fee or processing fee in connection with your payment of Fees. We are not responsible for this fee.

• To the extent permitted under applicable laws, DeployAgent may increase or introduce new Fees and charges for any existing Services at any time after prior notice. Any new or changed charges will apply to the Services as of the date specified in the relevant notice, or if no such date is specified then with immediate effect.

• You shall provide such assistance, including any information, as is required by DeployAgent in order to determine and validate the extent to which DeployAgent is legally obliged to collect Taxes from you.

• To use the Services, you are responsible for your own device and any associated charges (e.g., internet connection and data charges). If you are unsure about these charges, please consult with your service provider.

Intellectual Property Rights and User Data

• DeployAgent Intellectual Property Rights. You agree that all Intellectual Property Rights in and to the Services, as between you and DeployAgent, will be owned by DeployAgent, or DeployAgent’s licensors, as the case may be. Except as expressly set forth in these Terms and to the extent permissible under applicable law, DeployAgent does not grant to you any licenses or other rights, implied or otherwise, in or to DeployAgent’s Intellectual Property Rights. “Intellectual Property Rights” means all current and future worldwide rights under patent, copyright, trade secret, trademark, or moral rights laws, and other similar rights.

• Feedback. If you provide DeployAgent or its Affiliates with any suggestions, ideas, comments, or other feedback about the Services (“Feedback”), DeployAgent and its Affiliates may use and otherwise exploit that Feedback without restriction and without obligation to you.

• User Data.

  • “User Data” means any data, information, media or other content submitted by or on behalf of you or your End Users to the Services, including but not limited to any Personal Data, but excluding any data provided to DeployAgent or its Affiliates as part of your general Account.

  • You hereby grant to DeployAgent a non-exclusive, sublicensable license to access, copy, and use User Data to provide the Services, and/or otherwise use such User Data in accordance with these Terms.

  • You acknowledge and agree that DeployAgent may disclose User Data to third parties with or without notice to you: (1) to comply with applicable laws or protect DeployAgent’s rights; or (2) to comply with court orders, a lawful government or law enforcement request, or other legal processes. DeployAgent may also block or remove User Data as required by applicable laws, in which case DeployAgent will make reasonable commercial efforts to promptly notify you if legally permissible.

  • You are solely responsible for maintaining and backing up User Data. You represent and warrant that: (1) you have all rights required to provide User Data to DeployAgent, for DeployAgent to use the User Data as provided for in these Terms, and for you to use in connection with your use of the Services; and (2) User Data, and your use of User Data through the Services does not violate any laws or rights of any person. You retain any Intellectual Property Rights you may have in User Data.

Term and Termination

• Term. These Terms will commence when you accept these Terms or first access, or use the Services and continue until terminated as set forth below (“Term”).

• Termination, Suspension and/or Modification by DeployAgent. To the extent permitted under applicable laws, DeployAgent may, at its sole discretion, terminate these Terms, or suspend, modify, restrict or terminate your access to or use of the Services or any aspect of the Services, in whole or in part, or with respect to a Service Region or territory immediately upon written notice to you if:

  • You violate any provisions of these Terms;

  • You have not paid any Fees or other amounts owed by you to DeployAgent within 30 days after the applicable due date;

  • DeployAgent reasonably believes that you or an End User have violated any applicable laws, or engaged in any fraudulent or deceptive activity, in connection with the use of the Services;

  • You enter into liquidation, administrative receivership, bankruptcy or make any voluntary agreement with your creditors or are unable to pay your debts as they fall due;

  • DeployAgent is required to by applicable laws, court orders or requirements imposed by government bodies, or if DeployAgent otherwise determines that it is reasonable to do so in order to ensure that DeployAgent does not violate or risk violation of the same; or

  • Any current or future regulatory or other requirement (1) subjects DeployAgent to an obligation not generally applicable to businesses operating in a Service Region; (2) would result in difficulty for DeployAgent to continue offering the affected Service(s); or (3) DeployAgent reasonably believes may conflict with these Terms or the Services.

• Termination by you. You may terminate your Account and these Terms at any time by following the instructions provided within the Services. Except as set forth in any region-specific terms or Service-specific terms, if you terminate your Account and these Terms, you are not entitled to a refund of any Fees paid to DeployAgent.

• No Liability for Termination. Except as expressly required by law, if either party terminates these Terms in accordance with the foregoing, neither party will be liable to the other because of the termination, for expenditures or commitments made in connection with these Terms or damages caused by the loss of prospective profits or anticipated sales. Termination will not, however, relieve either party of obligations incurred prior to the effective date of the termination.

• Effects of Suspension. If DeployAgent restricts or suspends your access to any or all of the Services, or otherwise modifies the Services under these Terms: (a) where Services are suspended, you remain responsible for all Fees accrued through the date of suspension (including where the charges were incurred before suspension date but performance of the relevant obligations were after the suspension date); (b) you remain responsible for any applicable charges for any part of the Services (including any modified portions thereto) to which you have access; and (c) you will not be entitled to any service credits under any applicable SLA for any period of suspension, modification or restriction.

• **Effects of Termination.**Upon termination or expiration of these Terms: (1) you will pay DeployAgent any Fees or other amounts owed under these Terms within 30 days of termination or expiration; (2) you will delete the account and remove all user data from the Service; (3) your rights under these Terms shall immediately cease; and (4) upon DeployAgent’s request, you will use commercially reasonable efforts to return or destroy all DeployAgent Confidential Information. DeployAgent has no obligation to make accessible to you any User Data after the termination of these Terms.

Disclaimer

To the maximum extent permissible under applicable laws, the service and software are provided on an "As is" And "As available" Basis, and neither DeployAgent nor any of its licensors or affiliates, providers or distributors, make, and DeployAgent hereby disclaims on behalf of itself and such persons, any representations or warranties, whether express, implied, or statutory, regarding DeployAgent, any other software or services, or any media or other content submitted, uploaded, stored, transmitted or displayed by or through the services, including any representation, warranty or undertaking:

• That the services or software will be uninterrupted, secure, or error-free or free from viruses or other harmful components;

• Arising out of any course of dealing or usage of trade;

• That user data will not be subject to loss or damage;

• Of non-infringement;

• That the services or software will be secure or compatible with your or your end users’ networks, systems, applications, hardware, or devices; or

• That the services will be of merchantable or satisfactory quality or fit for any particular purpose. For the avoidance of doubt, the services are not designed or intended for high risk activities.

Limitation and Liabilities

To the extent not prohibited by applicable law, in no event shall we, our affiliates, senior management, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, business interruption, or any other intangible damages or losses, arising out of the following reasons, regardless of the theory of liability (contract, tort, or otherwise), and even if we have been advised of the possibility of such damages:

• your use or inability to use the services;

• the unauthorized access to or alteration of your transmissions or data;

• the deletion of, corruption of, or failure to use your transmissions or data on or through the services;

• statements or conduct of any third party on the service; and

• any other matter relating to the services.

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. At the same time, the maximum aggregate liability of us and our affiliates under this agreement, the software, and the service shall not exceed the amount actually paid by you to us in the last one month preceding the date of liability. These exclusions and limitations apply to the maximum extent permitted by law, regardless of whether a party was advised of the possibility of such losses or if any remedy in this agreement fails its essential purpose.

Please note that we only provide technical support tools, and we are not liable for any direct or indirect loss of profits, business losses, loss of goodwill or reputation, business interruption, or loss of business opportunities arising from your use of our services.

Indemnity

You shall independently bear all liabilities arising out of your violation of these terms or other activities causing damage relating to your use of the services and content from any claims or demands asserted by third parties. If we suffer any losses as a result, you shall indemnify and hold harmless us and our personnel from and against any costs, losses, liabilities, and expenses (including but not limited to litigation costs, arbitration fees, attorney fees, notary fees, announcement fees, appraisal fees, travel expenses, investigation and evidence collection fees, compensation payments, liquidated damages, settlement costs, fines from administrative penalties).

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of Singapore, without giving effect to any conflict of law rules or principles.

Dispute Resolution

(1)Your Dispute with Us:

You agree to first contact us for any claim, dispute, or controversy (" Dispute ") arising from or in connection with these Terms, including any question regarding the existence, validity, or termination of these Terms. Both parties agree to attempt to resolve such Dispute in good faith.

For any unresolved Dispute, the parties agree that the Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC in force at that time. The arbitration shall take place in Singapore, and the arbitration proceedings and all pleadings and written evidence shall be in the English language, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.

(2)Your Dispute with Third Parties:

To the fullest extent permitted by law, any dispute between you and third parties (e.g., service provider, copyright owner) relating to your use of the Services shall be resolved directly between you and such third party. We will not be held liable to any extent for any claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way related to your dispute with third parties. You hereby irrevocably release us, defend, and hold us harmless against any and all claims and liabilities arising out of or in connection with your disputes with third parties of any nature.

Miscellaneous

• Headings: The headings of all terms in these Terms are for reference purposes only, have no actual meaning themselves, and shall not be used as a basis for interpreting the meanings of the Terms.

• Severability: If any term or provision of the Terms is held to be invalid or unenforceable by any judicial or administrative authority for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions of the Terms. The remaining provisions of the Terms shall remain in full effect and shall be construed in accordance with their terms.

• Languages: If the Terms are made in English, we may provide the Terms in other languages in the future for your reference. In case of any discrepancy, the English version shall prevail.

• No Waiver: Our failure to enforce any provision of the Terms at any time, or our failure to require performance by you of any provision of the Terms, shall not be construed as a present or future waiver of such provisions, nor shall it affect our right to enforce such provision thereafter. Our express waiver of any provision, condition, or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

• Entire Agreement: The Terms, together with any other terms or policies incorporated herein by reference, constitute the entire agreement between you and us governing your use of the Services and replace all prior agreements and communications between you and us in relation to your use of the Services.

Contact Us

If you have any questions or want to learn more about the Services, please contact us at deployagent@sparkhubcorp.com.