Terms of Service & Privacy Policy

TERMS OF SERVICE

Last revised August, 2024

  1. INTRODUCTION
    Greetings and welcome to Hearback! As a Software-as-a-Service web application platform built on Azure Open AI services, Hearback provides a range of features and functionalities to enhance user productivity and convenience. This includes providing users with audio-to-text conversion, translation of languages, processing of text, storing and processing of photographs, using third-party cloud system service providers and generative AI solutions including Azure OpenAI service or such other AI-powered services as we see fit in our sole and absolute discretion. “AI solutions” or “AI-powered services” are services that are labelled and described by us as including, using, powered by, or being an Artificial Intelligence (“AI”) system.
    These terms and conditions of service (“Terms”) govern your use of this website https://hearback.me/, our apps and other products, as well as any related services and products as a Software-as-a-Service (collectively, the “Services”), that constitutes a legally binding and enforceable agreement between you and Cloudsquire Pte. Ltd. (Company Registration No. 201714924M) (“we”, “our”, “us” or “Company”), a private limited company incorporated under the laws of the Republic of Singapore with its registered address at 22, Sin Ming Lane, #06-76, Midview City, Singapore 573969.

    Your compliance with these Terms is a condition to your use of the Services. By using the Services, you agree to be bound by the Terms, and consent to the collection, use and disclosure of personal data described in our Privacy Policy available at https://hearback.me/privacy-policy/, which is incorporated by reference into these Terms. You are advised to read the Terms and Privacy Policy carefully before using the Services. If you do not agree to the Terms, please cease your access to and usage of the Services immediately.

    The Services serve as a platform for us to market our services and all information on the Services is strictly for general information only. 
  2. ACCEPTANCE
    You represent and warrant that you are at least 18 years of age or the minimum legal age in your country of residence and possess the legal right to accept the Terms and use the Services in accordance with the Terms. Otherwise, you may only use the Services with the consent of your parent or legal guardian who must review and discuss the Terms with you, before opening an account on the Services and helping you access content that is appropriate for you.
    If you are registering to use the Service on behalf of your employer, company or organization (the “Organization”), these Terms of Service will be binding on you and the Organization, and you represent and warrant that you have the authority to enter into these Terms on behalf of the Organization. If you (and your Organization, if applicable) do not agree to be bound by the Terms, please promptly cease your access to and usage of the Services. The term “you” or “your” in this context refers to both you as an individual user and your Organization (as applicable). Otherwise, “you” or “your” shall mean a user, guest or visitor of the Services.  
  3. VALIDITY
    The Terms shall remain in full force and effect if you have an account with us and/or use the Services. We reserve the right to terminate or suspend your account at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, in our sole discretion.
  4. MODIFICATIONS
    These Terms were last updated on 22 August 2024. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on the Services or an email associated with your account. By continuing to access or use the Services, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop accessing or using the Services.
  5. OUR SERVICES
    The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution will be contrary to law and regulation. 
    By using our Services, you also consent for the content submitted by you to be processed by Azure Open AI or other generative AI providers, as applicable.  If you do not agree, you shall only use Services that do not require you to feed the content within the Services. Otherwise, you will be deemed to have agreed to the use of Azure Open AI or other generative AI providers, for your data processing.
  6. OWNERSHIP OF THE SERVICES
    We are the owner of our Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs, graphics or other materials uploaded, downloaded or appearing on the Services (collectively, the “Content’’), as well as the trademarks, service marks, trade names, copyright, logos and other intellectual property rights contained therein (the “IP”). The Content and IP are owned and controlled by us and/or our licensors and are protected by worldwide copyright laws.
    The Content and IP are provided and licensed in or through the Services ‘AS IS’ strictly for your personal, non-commercial use or internal business purpose only.

    You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Services nor use any such Content in connection with any business or commercial enterprise, unless the Content relates to User Content (where “User Content” means content generated by your input through the use of the features on our Services, such as email summarisation). We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content.
  7. INTELLECTUAL PROPERTY RIGHTS
    We own (and are entitled to enforce) all proprietary rights in the Services, and in all Content and IP.  The Services contain copyrighted material, trademarks, and other proprietary information by us and/our licensors.  We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

    Trademarks not owned by us that appear on the Services are a property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks and other proprietary rights of such third parties when you use the Services. We will not be responsible for any copyright, trademark or proprietary rights infringements caused by third party material on the Services. 
  8. SERVICE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS
    We hereby grant you a limited, non-exclusive, non-assignable and non-transferable licence to download or review the Content strictly for non-commercial or internal business purposes only, provided you comply with these Terms and applicable laws. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. 

    We will investigate occurrences that may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services. 

    You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Services may be suspended or revoked by us at any time with or without cause at our sole and absolute discretion.
  9. YOUR OBLIGATIONS
    You hereby represent, warrant and/or undertake the following:
    You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Services, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
    1. You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on or using the Services. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Services nor any derivative works thereof;
    2. You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Services, or any derivative works thereof unless permitted to under these Terms;
    3. You must not violate (or help or encourage others to violate) these Terms or our policies, including the Privacy Policy;
    4. You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Services, disrupt our website or any networks connected to the Services, or bypass/circumvent any measures we may use to prevent or restrict access to the Services;
    5. You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Services without our express permission;
    6. You must not post, on any medium, app, platform or channel, private or confidential information of anyone else including taking a photo, screenshot or copy, reproduce, replicate, adapt, transcribe, duplicate, electronically or otherwise, personal data or information of another user or do anything on the Services that violates someone else’s rights, including intellectual property;
    7. You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Services;
    8. You must not use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews;
    9. You must not use the Services to upload, transmit, distribute, store or otherwise make available in any way: 
      • files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
      • any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
      • any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
      • any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
      • any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
      • any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
      • any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
      • otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose the Services or its users to any harm or liability of any type.
    10. Where you are an entity, the additional requirements under this sub-clause (l) shall apply to you. You shall not:
      • You shall not misrepresent the functions, use or any other specification of the Services to your customers; 
      • You shall not, in the course of operation of your business, make any adverse or derogatory comment about the Company, its directors or employees, nor do anything which shall, or may, bring the Company, its directors or employees into disrepute or otherwise attempt to taint the Company’s goodwill; and
      • You shall indemnify the Company for any losses suffered by the Company in the course of, or as a result of, your negligence.
  10. USER SUBMISSIONS
    Submissions: By directly submitting your emails or voice recordings, or posting, uploading, inputting or providing any content or materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, feedback or personal information or other material sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to grant to us, our affiliated companies and necessary sublicensees, a licence to use all intellectual property rights in such Submission for the provision of the Services and you undertake to do all things necessary to effect the same. You acknowledge and agree that your input through the Services may be used for the training of the artificial intelligence used on the Services, on the terms and conditions of use of the said artificial intelligence in force from time to time. You agree that we shall be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, in connection to the provision of the Services, without acknowledgment or compensation to you, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. As provided herein, no compensation will be paid with respect to the use of your Submission, and we are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole and absolute discretion.

    You agree that we shall have the right to retain the Submissions and User Content from TWO months to up to FIVE years, the purpose of provisioning of our Services, after which we shall cease to retain the Submissions and User Content. 

    You are responsible for what you or your users submit.  By sending us Submissions through any part of the Services you: 
    • undertake that you will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; 
    • warrant and represent that any such Submission are original to you or that you have all necessary rights, ownership and licences to provide, post, upload or submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
    • warrant and represent that your Submissions do not constitute confidential information or private information.

      In addition to the warranty and representation set forth above, you undertake that it is your sole responsibility to check and comply with any copyright laws which may be applicable to you before you make the Submissions, and in the event you intent to copy, reproduce or distribute the User Content,  you represent and warrant that you have a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User Content, and the right to sublicense such rights to us or any supplier of the Services.
      You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 
  11. FEES AND PAYMENTS
    (a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis but may reasonably change the date on which the charge is posted. You authorize the Company and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in United States Dollars (USD) (and may be subject to variation in accordance with prevailing foreign exchange rates at the time of payment if you are based overseas) and are due upon the placing of your order through our platform’s cart check out mechanism. Payments are non-refundable except as provided in these Terms.
    (b) Taxes. Unless otherwise stated, Fees do not include Goods and Services Tax (GST) or prevailing local taxes and we may invoice you for such Taxes, where applicable. You agree to pay such Taxes where due and provide us with documentation showing the payment, or additional evidence that we may reasonably require. 
    (c) Price Changes. We may change our prices by posting notice to your account and/or to our website or on the Services. Price increases will be effective one month after they are posted, except for increases made for legal reasons, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes. We reserve the right to adjust our prices at our sole and absolute discretion.
    (d) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact get-secure@cloudsquire.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
    (e) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.
    (f) Payment method. You may use the credit card(s) or other payment method(s) specified by us in connection with the payment and you warrant that the information you supply is true, correct and complete. You acknowledge and accept that we, or our choice of payment platform or payment service providers, may store and continue billing your payment method (e.g. credit card) to use to pay other purchases you may make. Further, you accept that the actions of third-party logistics providers or payment platforms (“Designated Payment Methods”) (whom we may use for the purpose of facilitating payment and the completion of purchases) that you have selected from the options available on the Services are not within our control and by selecting a third-party logistics provider or payment platforms, you shall hold the Company harmless against all losses and damage caused by the actions of such third-party logistics providers or payment platforms. You represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on our Services. 
    If we are unable to process payment through the payment method we have on record for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your Subscription Plan without liability to you; and

    Disclaimer
    These disclaimers are in relation to your payments on the Services and are in addition to those under the section “Disclaimer” below.
    Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Services are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons, without liability to you. 
    We do not guarantee or warrant the availability of any specific content in any of the services offered. We reserve the right to offer or cease to offer additional features on the Services, or to otherwise modify, cancel or terminate any purchases at our sole discretion and at any time in the future as we see fit.
  12. TERM AND TERMINATION
    (a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services. There will be no refund of payment paid till the next billing date.  We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may also at any time terminate these Terms with immediate effect and without notice if our third-party service providers, suppliers or the AI solutions are not available for any reason whatsoever and our provision of the Services is consequently affected. We may terminate or suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
    (b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any confidential information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to sections 7, 8, 9, 12, 14, 15, 16, 18, 19 and 20.
  13. AI SOLUTIONS AND INTEGRATION
    (a) AI solutions:
    – As above, our Services may integrate or make use of AI solutions, AI-powered services, applications, or websites including but not limited to Azure Open AI services.
    – Your use of the AI solutions through the Services is subject to their respective terms of service, privacy policies, and any additional terms or conditions imposed by the third party. 
    -We do not endorse, control, or assume any responsibility for the content, functionality, or actions of the AI solutions.
    -You acknowledge and agree that your use of the AI solutions through the Services is at your own risk and we are not liable to you for any damages or losses whatsoever arising from such use. You are solely responsible for all liabilities arising out of or in connection with any third-party claims regarding your use of the AI solutions in compliance with applicable laws (including, but not limited to, copyright infringement or other claims relating to content output during your use of the AI solutions).
    (b) Integration and Interactions:
    -The Services may allow you to integrate or interact with AI solutions through APIs, plugins, or other means. 
    -Your use of such integrations or interactions is subject to the terms and conditions or policies set by the third party. 
    -We do not guarantee the availability, accuracy, or reliability of the AI solutions or the functionality of their integrations.
  14. GOVERNING LAW & DISPUTE RESOLUTION 
    These Terms (and the Privacy Policy) shall be governed by and interpreted in accordance with the laws of the Republic of Singapore.

    All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the parties.  The parties hereto agree to participate in the internal mediation in good faith.  The disputes, controversies or differences shall be referred within seven (7) days to the Singapore Mediation Centre in the event the internal mediation does not work. The parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.

    If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.
  15. CORRECTIONS 
    There may be information on the Services 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 to change or update the information on the Services at any time, without prior notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.  You are responsible for regularly reviewing the content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the Services, limit distribution or visibility of any content on the Services, and suspend or terminate users, without liability to you.
  16. DISCLAIMER
    THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION 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 ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

    The information on the Services is strictly for general information only and does not constitute any advice whatsoever.

    We make no guarantees, representations or warranties, whether express or implied, with respect to the use of the Services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. 

    We are not a party in any of the dealings or fulfilment of the services between the user and any third party service provider (where applicable).

    We are not responsible for the conduct of any user. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. You agree that we and our affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services and/or any other damages resulting from communications with other users or persons you meet on or through the Services (where applicable). You agree to take all necessary precautions in all interactions with other users.

    The accuracy of data, programs or materials accessed through the Services are based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:

    – carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
    – obtain any appropriate professional advice, including professional advice from a registered medical practitioner, relevant to the user’s particular circumstances.

    We make no guarantees, representations or warranties, whether expressed or implied, with respect to the comprehensiveness, accuracy, or the currency of the Services or the Content.

    We make no guarantees, representations or warranties, whether express or implied, with respect to the quality and reliability of the Services’ output in response to your input and usage of the Services and to the durability of the Services’ storage and records of your input and generated content.
  17. THIRD PARTY CONTENT
    The Services may contain hyperlinks to websites or platforms operated by third parties. We do not control such websites or platforms and we do not review, control or monitor the materials found there. We are not responsible for their content or privacy practices. Such hyperlinks are inserted for convenience and reference only and are not an endorsement of material at those sites, or any associated organization, product or service. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites or apps.

    Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Services due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.

    By using the Services, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Services or your access to it.
  18. LIMITATIONS OF LIABILITY 
    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

    THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

    The provision of the Services includes the use of third-party services and solutions including but not limited to certain AI solutions and services. You agree that notwithstanding anything in these Terms, we shall not be liable to you or your affiliates for any claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of or in connection with any acts or omissions of the providers of such third-party services and solutions.  
  19. INDEMNIFICATION 
    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

    Where you are an entity, you agree to defend, indemnify, and hold harmless to the fullest extent the Services, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of the breach of these Terms by your representatives or officers.
  20. WARRANTIES
    The Services are provided on an “AS IS” and “AS AVAILABLE” basis.
    We make no warranty or representation and disclaim all responsibility and liability for: (I) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  21. MISCELLANEOUS
    These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us in respect of the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and us in relation to the matters dealt with in these Terms. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. 

    The Company does not warrant that your access and usage of the Services will always be safe and seamless in its operation. The Services may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.

    You undertake not to utilise the Services to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Services and/or your breach of these Terms.

    The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

    You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of the Company and any such assignment or purported assignment shall be null and void. 
  22. GOOGLE ANALYTICS / USAGE INFORMATION
    We use Google Analytics to understand how our customers engage with our business so we can deliver better experiences and drive results.

    We may use cookies to track your activity on the Services or across other sites. Google Analytics uses event-based measurement architecture, pure interaction data such as page loads, button clicks, conversion events, and transactions to generate anonymized data for the Company’s analysis.   

    The Company gathers certain information and stores them in log files automatically in order to improve the Site’s services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Services, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users. 

    The Company and/or its service providers may use local storage to store content information and preferences.

PRIVACY POLICY

Last modified: August, 2024

Introduction

This Privacy Policy describes our practices in connection with personal data that we or our service providers may collect, use or disclose when you visit or use our products, services, websites and apps offered by Cloudsquire Pte. Ltd. (Company Registration No. 201714924M) (“we”, “our”, “us” or “company”), a private limited company incorporated under the laws of the Republic of Singapore with its registered address at 22, Sin Ming Lane, #06-76, Midview City, Singapore 573969 except where otherwise noted. The services include SummyMonkey and SecureHub, as well as any other services we provide from time to time.

We respect your privacy and are committed to protecting it in compliance with the Personal Data Protection Act 2012 (“PDPA”) of Singapore. This Privacy Policy is intended for use in Singapore and, where applicable, other countries or regions which provide the same level of protection for personal data that is comparable to the standards of the PDPA.

The PDPA recognizes the rights of individuals to protect their personal data (including rights of access and correction) and the requirement for organizations to collect, use or disclose personal data for legitimate and reasonable purposes. Accordingly, this Privacy Policy explains the types of information we may collect through our online platform and related services (the “Service“) and our practices for collecting, using, maintaining, protecting, and disclosing that information. We recommend that you read this Privacy Policy and our Terms of Service carefully before disclosing any personal data to us or using the Service.

If you are registering to use the Service on behalf of your employer, company, or organization (the “Organization”), you represent and warrant that you have the authority to accept this Privacy Policy on behalf of the Organization. If you (and your Organization, if applicable) do not agree to our Privacy Policy, please do not use the Service. The term “you,” “your,” in this context refers to both you as an individual user and your Organization (where applicable). Otherwise, “you” or “your” shall mean the party disclosing personal data. 

By accessing or using our Service, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Service after we make changes is deemed to be acceptance of those changes.

Information We Collect About You and How We Collect It 

When you register to use our Service, we collect personal data from you to provide the Service. “Personal data” or “personal information” means data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the organization has or is likely to have access. This includes your name, email address for the login credentials, either through Google authentication or your chosen username and email. This information is necessary to facilitate your access to the Service and personalize your experience. If you choose not to provide us with the information requested, you may not benefit from certain features of the Service or participate in a particular activity and your use of the Service may be limited.

We will only collect information that is reasonably necessary for us to provide you with the Service. We collect such information only when we ask you for it and you provide it, and through technology that collects information automatically, such as cookies or other similar technologies (as explained below). We will not be responsible for relying on inaccurate or incomplete data arising from your failure to notify us of any changes or inaccuracies in your personal data that was provided to us.

We collect information in several ways, such as:

  1. From our website: you may have an opportunity to send us information about yourself (e.g. when you create an account/when you fill out a registration form/survey). You may choose to personalize your user-experience on the Service in which case we may collect information about your visits to our website, including the URL clickstream, products you viewed or searched for, length of visits to certain pages and page interaction which may be collected automatically through the use of cookies.
  2. We may collect information when you contact us for information on our applications and Service, provide feedback or complaints or otherwise in the course of providing technical assistance or responding to product or service queries. 

Our Service offers a range of features including but not limited to storing of audio, audio-to-text conversion, translation of languages, storing of photographs and processing of photographs . These functionalities are designed to enhance user productivity and convenience.

Storing of audio: We store the audio for a period of TWO months or as agreed bilaterally with you.

Audio-to-Text Conversion: With our Service, users can convert audio files into written text. This functionality simplifies the process of transcribing crucial audio content such as meetings, interviews, or recorded conversations, thereby facilitating efficient review and reference of the information.  The storing of text is up to maximum FIVE Years.

Storing of photographs: We store the photographs for a period of TWO months or as agreed bilaterally with you.

Processing of photographs:  With our service, users can analyse the photo uploaded into our system.  We store the proecessing results of the photo for up to FIVE years.

It is of utmost importance for users to exercise their responsibility to ensure that no personally identifiable information is disclosed or incorporated into the content processed by our Service. We prioritize the privacy and security of our users and refrain from collecting or retaining any sensitive personal data that can be used to identify individuals, unless explicitly provided by users for the sole purpose of accessing and utilizing our Service. Sensitive personal data includes audio, visual or similar information such as photographs, videos or voice recordings. Unless specifically requested for, we ask that you do not send us or disclose to us any sensitive personal information such as passport/national identification card numbers, social security numbers, credit card numbers, information related to racial or ethnic origin, political opinions, sexual orientation, criminal background on or through the Service or otherwise to us. 

We may collect certain information automatically through the use of cookie-less tracking technology when you use the Service, and the information may be collected in the following ways: 

  1. Through your browser
    This may include your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, and Internet browser type and version. 
  2. IP address
    Your IP address, along with the time of the visit and pages visited, is identified and logged automatically in our server log files whenever you visit the Service. Collection of IP addresses is standard practice and is done automatically by many online services. The IP address collected may be use for diagnosing server problems and administering the Service.
  3. Mobile device
    If you access the Service through a mobile device, we may collect information on it such as smartphone device brand and type to understand how you use the Service. 

How We Use Your Information 

The information we collect from you, including personal data, is generally used for purposes not limited to the foregoing and for purposes permitted by applicable laws:

  • Delivering information, products, or services subscribed on the platform
  • Processing, fulfilling, supporting, and administering transactions and orders related to the Service and other ancillary services you request from us.
  • Administration and management of various services provided by us
  • Shape strategies and plans for our research, advocacy, support services and operational work
  • Carrying out our obligations and enforcing our rights arising from contracts between you and us, including billing and collection.
  • Notifying you about changes to our Service or any related products or services.
  • Obtaining your consent for any additional purposes, including conducting trials (with your consent) to enhance, improve and optimize your experience when you use the Service
  • To comply with regulatory requirements, where applicable.

We prioritize the protection of your personal data and do not share, sell, or disclose it for purposes other than those stated in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared. However, we may disclose your personal data with:

  1. Our affiliates and third-party service providers who assist us in supporting our business operations. We may share information, including personal information, with third parties that perform certain services on our behalf. These services may include, without limitation, storage of personal information on a cloud service, server hosting, marketing and supporting our notification service functionality. These service providers may have access to personal information needed to perform their functions but are not permitted to disclose or use such information for any other purposes.
  2. We may allow third party service providers, advertising companies, advertisement networks, merchandising companies and other third parties to display advertisements and brands on the Service. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements.
  3. A company that merges with or acquires us, or in the event of any structural changes to our company.
  4. Compliance with legal obligations.
  5. Enforcing our rights.
  6. With your explicit consent.

We do not provide any non-anonymized personal information to third parties. We will adhere to the provisions in the PDPA in relation to any disclosure and dissemination of information to any third parties.

We may disclose your information, including personal information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law. 

By using the Service, you expressly authorize and consent to us gathering, reviewing, retaining and where reasonably required, transmitting your personal information to our intermediary companies and entities for the proper and reasonable purpose of them storing and using the data responsibly and in accordance with the PDPA. When you provide personal information on or through the Service, the information may be sent to servers located outside of Singapore. In such an event, we will take appropriate steps to ascertain that the foreign recipient organization of the personal data is bound by legally enforceable obligations that are in-line with the requirements under the PDPA. 

We may also use your personal information to: 

(a) Ensure that the content on the Service is presented in the most effective manner for you and understand your interests;

(b) Provide the Service to you and contact you on the same;

(c) Provide you with updated information with respect to the Service;

(d) Improve the functionality and usage of the Service;

(e) Prepare customer lists for market research;

(f) Resolve or track status of issues on our Service and to guide the development of new services;

(g) Allow you to participate in features of the Service;

(h) Identify the types of devices you use so that we can optimize our systems;

(i) Communicate with you by email or other chosen means to send relevant notifications about our activities, developments and services that may be of interest to you; 

(j) Contact you and notify you about changes to the Service that we offer (except where you have expressly requested for us not to do so);

(k) Ensure that you comply with our terms and conditions and the applicable law; and

(l) Send you important notifications that you will require to use the Service.  

Protection and Security of Personal Information

We will take reasonable steps to ensure that the personal data of users are securely stored or filed. We adopt commercially reasonable security measures to safeguard personal data collected including: 

  1. Engaging reputable third-party cloud system service providers and generative AI (such as Azure OpenAI) to host our cloud storage systems and ensuring integration is properly done, as well as reputable e-commerce providers or payment gateway, where applicable;
  2. Ensuring the security of our storage systems (e.g. Google Drive) and information communication systems;
  3. Checking that the third-party cloud system service providers that we engage adopt robust security measures that include configuring their cloud services to only allow access by whitelist IP addresses, periodically auditing configurations and security controls to ensure that servers or programs that host their cloud storage systems remain secure despite increasing sophistication of data breach threats; and
  4. Adopting processes within our information communication systems, and checking with our cloud system service providers, to ensure that the organization has security measures against malware and phishing attempts.

We have implemented reasonable and appropriate data security measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure.  We have implemented best-practice standards and controls in compliance with internationally recognized security frameworks. The safety and security of your information also depends on you. Where you have chosen a password for the use of our Service, you are responsible for keeping this password confidential. You should not share your password with anyone.  You are also responsible for any transmission of Personal Data by you when using our services. We are not responsible for circumvention of any privacy settings or security measures contained on the Service, or in your operating system.

While we adopt reasonable physical, administrative and technical measures to help safeguard and secure your personal information from unauthorized access, collection, use, copying, modification, disposal and disclosure, we cannot guarantee that data breaches will not occur despite the adoption of commercially reasonable security measures that include the measures set out above. No system can be completely secure. Hence, we also cannot guarantee that your personal information, activities while you use the Services, or other communications will always remain secure. If you have a reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately contact us below.

We do not keep personal information for longer than is required, and we destroy or permanently anonymize personal information that we no longer need, where permitted. 

Cross-border transfer

Your personal information may be transferred, stored or processed in any country where we have facilities or service providers. By using our Service or by providing consent to us (where required by law), your information may be transferred to countries or territories outside Singapore, including the United States, the United Kingdom or the European Union, which may provide for different data protection rules than in Singapore. We will ensure that the use and disclosure of personal information transferred offshore is dealt with in accordance with this Privacy Policy, and we will not transfer your personal data to a country or territory outside Singapore that does not provide protection of personal data that is comparable to the protection under the PDPA. 

Retention of Personal Information

We retain the personal data of users only for as long as it is required to fulfil the purpose for which it was collected and, in any event, no longer than 5 years after termination of user login account unless it is necessary to retain the data for legal or business reasons.

Third-party sites

There are a number of places on our Service where users may click on a link to access other websites that do not operate under this Privacy Policy. For example, if users click on an advertisement (news and promotions) on our Service, they may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from the users and, in some instances, provide us with information about the users’ activities on those websites. You are advised to consult the privacy statements of all third-party websites that you visit. The availability of, or inclusion of a link to, any such site or property on the Service does not imply endorsement of it by us or by our affiliates. 

Use by minors

Users below 18 years of age or users who are not the minimum legal age in their country of residence to provide consent may not use the Service, subject to their parent or guardian who may open an account to use the Service and help them access appropriate content.

It is your sole responsibility to provide us with your correct information when you set up an account to use the Service. Where you are setting up your account to use or access the Service as a parent or legal guardian, you are required to provide your personal data and the personal data of your charges, and we shall be entitled to assume that all personal data provided is true and accurate. We will take appropriate steps to delete any personal data of persons less than 13 years of age that has been collected on or through the Service without verified parental consent, or consent from a legal guardian, upon learning of the existence of such personal data. 

No Third-party Rights

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services. 

Jurisdiction-specific rules: 

For users in the European Economic Area and the United Kingdom

We acknowledge that the European Union General Data Protection Regulation (“GDPR”) will apply if we process or hold any personal data of individuals located at or residing in the European Economic Area (“EEA”) or if we offer goods or services to individuals in the EEA (“EU Individuals”). 

We understand that we may lawfully process personal data if consent is provided by the EU Individual for the processing for specific purposes, if it is necessary for the performance of a contract of if it is necessary for our compliance with a legal obligation.

We understand that personal data must be processed lawfully, fairly and transparently, be collected and applied only for specified, explicit and legitimate purposes, must be limited to only what is required, must be accurate, not be kept in personally identifiable form for longer than is necessary and must be secured and protected pursuant to the GDPR.

We acknowledge and agree that the GDPR affords EU Individuals with rights such as:

  1. Right to access and obtain a copy of the EU Individuals’ personal data, including the purposes of processing and who the personal data has been disclosed to;
  2. Right to rectify inaccurate personal data concerning the EU Individual;
  3. Right to erasure of personal data concerning the EU Individual in certain circumstances;
  4. Right to restriction of processing of personal data in certain circumstances, such as where the accuracy of the personal data is contested, or the processing is unlawful;
  5. Right to data portability by receiving personal data concerning the EU Individual or data which has been provided to us, in a structured, commonly used and machine-readable format, and the right to transmit that data to another organization;
  6. Right to object to the processing of personal data in certain circumstances, including for the purposes of direct marketing; and
  7. Right not to be subject to automated decision-making (including profiling) where this has a legal effect on the EU Individual or significantly affects him.

We agree that we will act on a request from an EU Individual without undue delay (within one month). We will maintain records of how we process personal data, acknowledge the need to conduct data protection impact assessments and the need to apply careful consideration in the adoption and engagement of our data processors.

For users in California

This section only applies to California residents (“you”). Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have the right to know what personal information about them is collected, request deletion of their personal data, opt-out of the sale of their personal data, and not be discriminated against if they choose to exercise any of these rights. We do not sell any of the data we collect about you. If you would like to enquire or exercise any of the other rights afforded to you under the CCPA, please contact us.  

Contact us 

If at any time you would like to access, review, correct, update, restrict, or delete your personal data, or if you would like to enquire about our privacy practices, please contact us by:

We will endeavour to respond to your request as soon as reasonably practicable and no later than one (1) month after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response. Your withdrawal of consent to our collection, use and disclosure of personal information may mean that we will not be able to continue with the existing relationship with you and the contract that you have with us may be terminated.

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