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Terms Of Service

by Bisonai, last revised on 2024.11.26

#1. Introduction

  • These Terms of Service (the "Terms") outlined below govern your use of the Datamaxi+ through datamaxiplus.com (the "Website") and mobile application, collectively referred to as the "Platform," along with its associated content, features, software, and applications (collectively referred to as the "Service"). These Terms, which also incorporate our Privacy Policy available at Datamaxi+ privacy policy, regulate the utilization of the Platform.

    BISONAI PTE. LTD.("Bisonai" or "Datamaxi+" or "we," "us," or "our") is responsible for the administration and maintenance of the Platform and Service. The term "you" signifies the individual or entity who accesses the Platform.

  • Please carefully read and consider these Terms, as they encompass vital information about use of the Service along with your legal rights. This includes limitations of liability of Datamaxi+ and other specific third parties, disclaimers of warranties, and an acceptance of jurisdiction. By accessing the Service through any means, such as the Internet or a mobile device, you agree to comply with the version of the Terms posted on the Platform at the time of access. Your use of the Platform or the Service signifies your acceptance of these Terms.

#2. Eligibility

  • To avail yourself of the Service, you affirm that you have reached the age of nineteen (19) and that you are of the legal age in your jurisdiction. The Service is exclusively intended for your personal, non-commercial use, unless a distinct agreement for commercial use is established between you and us.
  • We reserve the rights to prohibit your access to the Service if: (a) we have terminated any of your accounts; (b) you have been barred from utilizing the Platform or the Service; (c) the access and use of the Service may constitute an illegal or criminal act in your jurisdiction or by applicable laws and regulation.

#3. User Account

  • In order to access certain sections of the Service, you must create and possess an account on the Service as permitted by Datamaxi+ ("Account"). You may create the Account using your Google account or through other personal e-mail address. By creating an Account, you affirm and guarantee that you are eligible and possess the capacity to enter into and fulfill legally binding obligation with respect to the Service according to applicable laws, and you represent and warrant that all information provided by you is accurate, current, truthful, and complete.
  • You bear sole responsibility for all activities carried out under your Account. We disclaim any responsibility if your password and/or Account are unlawfully accessed or utilized by a third party. Consequently, you commit to maintaining the security of your password and ensuring the accuracy of your account information at all times.
  • Unless expressly permitted by us, you are prohibited from establishing multiple Accounts. transferring, lending, or selling your Account or Account information to another party is strictly forbidden.
  • Datamaxi+ may periodically reach out to you via email address provided during your account registration. You may withdraw your consent to receive any marketing materials through your email account, but opting out of communications required for the use of the Service is not feasible. You acknowledge and confirm that it is your responsibility to guarantee and maintain your email address accurate and current. Datamaxi+ shall not be held liable for any losses or damages incurred by you or any third parties due to a failure to deliver notices, communications, or messages caused by an erroneous, outdated, or incomplete email address, unless such losses or damages are caused by our fraud, willful misconduct, or gross negligence.
  • For those who elects to sign-in with your Google accounts, we use Google oAuth for authentication, which is a secure method that allows us to verify your identity and ensure secure access to your Account and create presentations on your Google account, providing a personalized experience. Our use and transfer of information received from Google APIs adhere to Google API Services User Data Policy, including the limited use requirements. You can read more about it here.

#4. Use of Service and Content (License)

  • By logging in to the Account, you agree to be bound by these Terms.
  • Your utilization of the Service must strictly adhere to the permissions explicitly granted in these Terms. All rights that are not expressly conferred upon you are reserved by Datamaxi+, its third-party providers, and any other relevant owners.
  • Datamaxi+ delivers content via the Service, which constitutes copyrighted and/or trademarked work either owned by Datamaxi+ or its third-party licensors and suppliers (collectively referred to as "Content"). Content encompasses all materials accessed by you at any given time. You recognize that the Service's development, compilation, preparation, revision, selection, and arrangement involve substantial time, effort, and financial investment by Datamaxi+ and third parties. It represents valuable intellectual property belonging to Datamaxi+ and others involved. Consequently, you are obligated to safeguard Datamaxi+'s proprietary rights and those of others with rights in the Service throughout and after the term of these Terms. Compliance with Datamaxi+'s written requests to protect contractual, statutory, and common law rights in the Service is mandatory.
  • Subject to the conditions outlined in these Terms and your adherence to them, Datamaxi+ grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license for the sole purpose of using the Content and the Service for personal use. Any commercial use of the Service or its Content is strictly prohibited. Aside from this explicitly granted license, you possess no other rights to the Service or any Content. Modification, editing, copying, distribution, reproduction, publication, display, performance, licensing, selling, renting, leasing, loaning, creation of derivative works, creation of any index, reverse engineering, alteration, enhancement, providing access to, or exploitation of the Service or the Content in any manner not allowed under these Terms is expressly prohibited.
  • The above license will automatically terminate in the event of any breach of these Terms or upon termination of your use of the Service.

#5. Provision of the Service

  • The terms set out in section 5 apply to the use of all Datamaxi+ Services and Products.
  • We provide the following services through the Platform:
    • Maxi Data API: A data API service that allows you to access on-chain data of digital assets, including, but not limited to, real-world asset (RWA) price data.
    • Maxi Analytics: A market analysis service that provides insights into market conditions and on-chain transactions.
    • Maxi Sheet: An API add-in for Microsoft Excel and Google Sheets that enables single-time, real-time access to on-chain and off-chain data (available on Windows OS and Apple OS).
    • and more.
  • The Service is a standardized service offered as a Software as a Service. The Service is not tied to any specific version of the underlying software or any set functionality. You, therefore, acknowledge that the functionality in the service may change.
  • Datamaxi+ is entitled to amend these Terms and any separate terms and conditions for specific services of the Platform, in order to reflect any changes to the Service. You acknowledge and confirm that you will be deemed to have accepted such changes by continuing your use of the Service.

#6. Restriction or Suspension of the Service

  • We use commercially reasonable effort to provide the Service 24/7/365 basis, unless otherwise specified in these Terms.
  • Datamaxi+ does not warrant any particular level of Service availability, but will provide commercially reasonable effort to limit the impact of any planned maintenance on the availability of the Service.
  • We may restrict or suspend your use of the Service (either wholly or partially) in any one of the following instances:
    • If you cause interruption upon the operation of the Service
    • If there is a breach of obligations under these Terms or separate terms and conditions of services by you
    • If such restriction or suspension is inevitable due to inspection and maintenance of Service-related facilities or construction;
    • If normal Service provision is impossible due to facility maintenance or inspection, etc., of facilities-based telecommunications business entities;
    • If there is disruption in Service use due to national emergencies, power outage, equipment failure or excessive traffic; and
    • If we recognize that it is inappropriate to continue the provision of the Service for other reasonable reasons.
  • In the event we restrict or suspend your use or access to the Service pursuant to the provisions of the preceding paragraph, we will send notice to your email in advance of the reasons and period of restriction, etc.; provided, however, that when providing such prior notification is impossible due to inevitable reasons, we will notify you without delay after Service use has been restricted or suspended.
  • To the extent permitted by applicable laws and regulations, we shall not make compensation nor we shall be liable for any losses or damages incurred by you or any third parties with respect to the restriction or suspension, etc., of the Service, unless such damages and losses are caused by our wilful misconduct or gross-negligence.

#7. Change or Alteration of the Service

  • New versions of the Service might be released without any notification prior to the release.
  • Datamaxi+ reserves the right, at its sole discretion, to modify, suspend, or discontinue the Service, whether provided as a free trial or as a subscription service, and/or any Content, in whole or in part, at any time without prior notice and for any reason. Datamaxi+ shall not be liable to you or any third party for any consequences arising from such modification, suspension, or discontinuance

#8. Payments, Billing and Cancellation

  • You may purchase a certain services of the Platform from Datamaxi+ (the “Subscription”) by paying subscription fee (the “Subscription Fee”) either (1) through the wire transfer to a virtual account or (2) by your credit card through third-party payment service. You may pay the subscription fee on a monthly basis or yearly basis as may be available.
  • If you elect to subscribe to the Service, you shall pay the Subscription Fee in accordance with the terms specified in the order process. The Subscription Fee shall be paid either periodically, for one (1) month in advance, or yearly, for one (1) year in advance. Details of the Subscription Fee will be provided on our invoice. The Subscription Fee displayed on the pricing page or in our invoice will be exclusive of VAT, and applicable VAT must be added to the Subscription Fee by you at the time of payment. In no event shall you be entitled to set off the Subscription Fee against any claim you may have against Datamaxi+. All payment shall be made in advance of your access to the subscribed services.
  • Upon your request, we will provide an electronic receipt as proof of payment. Upon paying the Subscription Fee by credit card through third-party payment service, you agree to the terms and conditions of third-party payment service. Further upon the payment of the Subscription Fee, you allow Datamaxi+ to charge your card for this payment and future payments in accordance with these Terms and terms and condition of such third-party payment service i.e. Stripe (https://stripe.com/en-sg/legal/ssa).
  • We reserve the right to adjust pricing for the Subscription or any components thereof in any manner and at any time as we may determine in our sole discretion. For any pricing changes, we will communicate to you in advance by sending relevant notice to your e-mail address. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change going into effect.
  • Unless you explicitly cancel the Subscription, your subscription period will automatically renew under the same conditions and at the then-current pricing. Additionally, if you purchased your Subscription using a credit card through a third-party service provider, the Subscription Fee for the renewed period will be automatically charged at the start of the applicable subscription period.
  • From time to time, at our sole discretion, Datamaxi+ may offer the Service to you on a trial basis free of charge for up to two (2) months. You acknowledge and agree that you will be bound by these Terms and any terms relevant to the Subscription, even during your trial use of the Service. At the end of the trial period, we will remind you by sending alert to your e-mail for your payment to continue the Subscription.
  • In the event the Service is suspended for twenty-four (24) consecutive hours or more due to the reasons described in #6.3 (c) or (d), we may extend the Subscription period by an amount equivalent to the duration of the suspension. Nevertheless, such a suspension shall not constitute grounds for any refund.
  • Unless otherwise specified in these Terms, upon the termination of the Service or expiration or cancellation of the Subscription, the terms relevant to the Subscription shall also terminate between you and Datamaxi+.

#9. Termination

  • You may terminate these Terms and your use of the Service at any time by submitting a termination request to Datamaxi+ by sending email to info@datamaxiplus.com. Upon receiving your request, we will process the deletion of your Account and the termination of the Service within a reasonable period of time.
  • We may unilaterally terminate these Terms and your use of the Service if we find or reasonably suspect a breach of these Terms or a violation of applicable laws and regulations in your use of the Service. You may be subject to civil or criminal liability if such a breach or violation results in damages to the Service or Datamaxi+. In the event of termination under this clause, we will provide you with an opportunity to object within thirty (30) days before the termination. The termination of these Terms and your access and use to the Service will be final and non-appealable if you fail to respond within this period or if your response lacks justifiable grounds for the breach or violation.
  • The Service may be modified or terminated, at the sole discretion of Datamaxi+, without incurring any liabilities, for reasons such as termination or changes of the contractual relationship between Datamaxi+ and its partners, material changes in business direction, abrupt changes in regulatory environment, or the launch of new services. We will notify any changes or termination of the Service to you through your email.Further, the Service may be modified or terminated, at the sole discretion of Datamaxi+, without incurring any liabilities, for reasons such as termination or changes of the contractual relationship between Datamaxi+ and our partners, material changes in business direction, abrupt changes in regulation environment or the launch of new services. We will notify any changes or termination of the Service to you through your email.
  • We may modify, discontinue, or change all or part of the Service provided free of charge at our sole and absolute discretion, and no separate compensation shall be paid to you unless explicitly required by applicable laws and regulations.
  • Upon termination of the Service, your access to and use of the Service will be discontinued, and your access to all data, information, materials, or content within the Service will be restricted. You are solely responsible for printing any data obtained during your use of the Service prior to termination. All benefits acquired through the Service will expire upon termination, and we will not make compensation or be liable for any losses or damages incurred by you or any third parties resulting from your failure to take the necessary actions before termination.

#10. Prohibited Activities by User

  • You are explicitly prohibited from engaging in the following activities:
    • Copying, modifying, or creating derivative works of the Service or any Content.
    • Copying, manipulating, or aggregating any Content (including data) with the intention of making it available to any third party.
    • Trading, selling, renting, loaning, leasing, or licensing any Content or access to the Service, whether for commercial purposes or free of charge.
    • Employing or introducing to the Service any data mining, crawling, "scraping," robot, or similar automated or data gathering or extraction method. This includes manually accessing, acquiring, monitoring, or copying any portion of the Service or downloading or storing Content unless expressly authorized by Datamaxi+. Certain data and information within the Service may be available through subscription or for a fee at https://Datamaxiplus.comz/subscription/.
    • Making excessive requests for information or taking any action that interferes with, disrupts, or imposes an undue burden on the Service, any server, or network connected to the Service. This includes actions that negatively affect the quality or availability of any Content or the speed or functionality of the Service.
    • Introducing a virus, Trojan horse, worm, time bomb, or other malware to the Service or the Platform. Additionally, using any device, software, or routine to bypass any software or hardware that prohibits volume requests for information is strictly prohibited.
    • Violating, bypassing, or circumventing any security measure intended to limit or prevent access to the Platform, Content, or Service.
    • Attempting to gain unauthorized access to the Service, any Content, or any computer systems or networks connected to the Service or any Datamaxi+ server. This includes activities such as hacking, password mining, unauthorized use of another's password/credentials, or any other means.
    • Restricting, inhibiting, or interfering with the use of the Service by any other user, including by hacking or defacing the Platform.
    • Introducing or otherwise distributing through the Platform any computer program that damages, interferes with, intercepts, collects, releases, or discloses any system, data, or personal information of Datamaxi+ or any third party.
    • Using any of our trademarks, service marks, trade names, or logos, or those of any third party displayed on the Platform.
    • Modifying or removing any copyright or other proprietary notice in the Content.
    • Using the Website, Content, or Service for or in connection with any activity that (i) violates any applicable law, statute, ordinance, social norms, or regulation, or (ii) involves proceeds of any unlawful or illegal activity.
    • Infringing intellectual property rights, etc., of Datamaxi+ and other third parties.
    • Tarnishing the reputation or disrupting the business of DataMaxi+ and other third parties
    • Using the Services for profit-making purposes without the Company’s consent;
    • Other illegal or wrongful acts.
  • Furthermore, you acknowledge and agree that you (and not Datamaxi+) are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software, and services needed for you to access and use the Service, and you are responsible for paying all charges related thereto.

# 11. Ownership and Intellectual Property

  • In accordance with these Terms, you are permitted to view, print, and make copies of Content solely for your personal use. However, without our prior written permission, you must not copy, reproduce, download, "screen scrape," store, transmit, broadcast, publish, modify, create derivative works from, display, perform, distribute, redistribute, sell, license, rent, lease, or otherwise use, transfer (in printed, electronic, or any other format), or exploit any Content, in whole or in part, in a manner that contradicts these Terms. To seek permission for the use of any Content beyond what is expressly allowed in these Terms, please contact info@datamaxiplus.com
  • In the relationship between Datamaxi+ and you, all right, title, and interest of the Content belongs to Datamaxi+. Datamaxi+, its logo, and, except as specifically mentioned below, all other product or service names or slogans visible on the Service are registered and/or common law trademarks of Datamaxi+ or its suppliers or licensors. These may not be copied, imitated, or used, either in full or in part, without prior written permission from Datamaxi+ or the relevant trademark holder. Moreover, the overall look and feel of the Service, including page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, and/or trade dress of Datamaxi+ and are protected from unauthorized use.
  • All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not imply endorsement, sponsorship, or recommendation by Datamaxi+.
  • These Terms do not grant you any rights or interest in any intellectual property belonging to Datamaxi+ or any third party. The use or misuse of Datamaxi+'s trademarks or other intellectual property, except as expressly permitted by these Terms, is strictly prohibited. If you become aware of any violation or infringement of Datamaxi+'s or its providers' intellectual property rights, please promptly notify Datamaxi+ at info@datamaxiplus.com

# 12. Linking to the Service from Your Website

  • If you wish to place or connect one or more links to the Service (collectively referred to as the "Link") on your website ("Your Site"), you must adhere to the following conditions:
    • The Link shall display only the following text: "Datamaxi+" or "Datamaxiplus.com" or "Link to Datamaxi+.xyz."
    • Your Site must not contain any content that is unlawful, threatening, abusive, libelous, defamatory, or otherwise inappropriate, as determined solely by us in our discretion.
    • The overall appearance and style of all content accompanying the Link or appearing on the same page as the Link (such as an entire article containing the Link, even if not all on the same page) must not be of a nature that could harm or diminish the goodwill associated with Datamaxi+'s name, reputation, or any of its trademarks, trade names, or service marks. This determination will be made at the sole and absolute discretion of Datamaxi+.
    • No content on Your Site should contain any information that, in our sole and absolute discretion, might create a false impression that you, Your Site, or any other website, service, person, or entity is affiliated with, sponsored by, or endorsed by Datamaxi+. Additionally, it should not imply that any activity conducted by you or anyone else has received approval from Datamaxi+.
  • Please be aware that we retain the right to withdraw our consent to a Link at any time at our sole and absolute discretion, without prior notice. In the event that we inform you that you are no longer permitted to link to the Service or a specific page or document, you must promptly remove all affected Links from Your Site. This removal should occur within three (3) calendar days from the date of our notice.
  • You explicitly agree that you are solely responsible for use of our Service on Your Site. You shall indemnify, defend and hold harmless of Datamaxi+ absolutely and forever from and against any and all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, and any other expenses whatsoever, including reasonable attorneys’ fees and costs, that may be asserted by a third party against Datamaxi+ or any of our representatives or employees in connection with the Link or your use of our Service on Your Site. You agree and confirm that under no circumstances shall Datamaxi+ be required to participate in your disputes with any third parties, and we shall not be responsible or liable for participating in or cooperating with any third-party disputes.

# 13. Feedback

  • This section does not apply to information provided by you to the Service that can personally identify you. At Datamaxi+, we are committed to safeguarding your privacy. Please refer to our [Privacy Policy] (https://datamaxiplus.com/privacy) for a comprehensive understanding of our current privacy practices, which govern not only your use of the Service but also our overall approach.
  • In the event that you transmit any communication, including, but not limited to, feedback, questions, comments, or suggestions to Datamaxi+ (collectively referred to as "Feedback"), it is essential to note that all such Feedback is treated as non-confidential and non-proprietary. We require all Feedback to be submitted exclusively via the Platform.
  • By submitting Feedback, you hereby assign to Datamaxi+ all rights, title, and interest in it at no cost. Datamaxi+ is granted the freedom to use this Feedback without any obligation to provide attribution or compensation to you. This usage encompasses any ideas, concepts, know-how, techniques, or other intellectual property and proprietary rights found in the Feedback, irrespective of whether they are patentable. The usage extends to various purposes, such as enhancing the Service, or developing, manufacturing, licensing, marketing, and selling products and services based on or containing such Feedback.
  • It is important to understand and agree that Datamaxi+ is under no obligation to consider, accept, use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback. You do not have the right to compel such use, display, reproduction, or distribution. Additionally, Datamaxi+ may utilize aggregated and statistical data derived from the usage of the Platform.

# 14. Disclaimers and Limitation of Liability

  • **The content on the Service and the Platform is provided solely for informational purposes. Nothing on or within the Service shall be considered an offering of any currency, security, or financial instrument or construed as investment advice or recommendations by Datamaxi+ regarding investment strategies. The content on this Service should not be relied upon as sufficient information to base an investment strategy. Datamaxi+ expresses no opinion on the future or expected value of any currency, security, or other interest. Datamaxi+ neither explicitly nor implicitly recommends or suggests any investment strategy. Content on the Service may not be used as a basis for any financial product or other product without the express prior written consent of Datamaxi+.**
  • **The Content provided on the Service is submitted to Datamaxi+ by unrelated third-party providers. Datamaxi+ does not review all Content for accuracy, completeness, or reliability, and does not warrant or guarantee the accuracy, completeness, reliability, or any other aspect of any Content.**
  • **The Service and the Content published within the Service may include inaccuracies or errors. Datamaxi+ does not guarantee the accuracy, completeness, timeliness, security, availability, or integrity of the Service or any Content. Datamaxi+ makes no representations about the suitability of the Service or any Content, or that the Service or Content will be uninterrupted or operate in combination with any software, service, system, or other data or information. The Service and all Content are provided "as is" 'as-available,' 'with all faults,' and 'valid' basis. To the extent permitted by applicable law, we provide no representation or warranty of any kind, whether implied or otherwise, regarding merchantability, accuracy, quality, durability, reliability, performance, fitness for a particular purpose, intellectual property rights or their non-infringement, continuity of service, security, prevention of damage or loss of data, accuracy of information, compliance with relevant laws, or the use or results of the use of the Services.**
  • **To the maximum extent permitted by applicable law, Datamaxi+ assumes no liability or responsibility for any errors, mistakes, or inaccuracies of any Content; property damage resulting from your access to or use of the Service; unauthorized access to or use of our servers and/or any information stored therein; interruption or cessation of transmission to or from the Service; bugs, viruses, Trojan horses, or the like transmitted to or through the Service by any third party; errors or omissions in any Content; or any loss or damage incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Service. Additionally, Datamaxi+ is not responsible for the defamatory, offensive, or illegal conduct of any third party.**
  • **In no event shall Datamaxi+ (and its respective officers, directors, employees, members, agents, and affiliates) be liable for any indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of or in any way connected with your access to or use of the Service or with the delay or inability to access, display, or use the Service; any computer viruses, information, software, linked services, products, and services obtained through the Service; or otherwise arising out of the access to or use of the Service, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, even if Datamaxi+ has been advised of the possibility of such damages.**
  • **Datamaxi+ may be liable for breaches of these Terms resulting from our fraud, willful misconduct, or gross negligence. Notwithstanding the foregoing, you may be partially liable for your losses or damages if you fail to promptly notify us when you know or reasonably should know that such losses or damages may occur.
  • **In no event shall Datamaxi+ be responsible or liable for any failure or delay in the performance of its obligations under these Terms caused by forces beyond its control, directly or indirectly, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes, acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.**
  • **Data available through our Service, including but not limited to estimated APR, profit rate, or real-time price, are provided by the relevant off-chain data provider. We make no representations or warranties of any kind, either implied or otherwise, regarding merchantability, accuracy, quality, durability, reliability, performance, fitness of the Service for a particular purpose, prevention of damage or loss of data, compliance with relevant laws, or the use or results of using such data made available on the Service.**
  • **You understand and agree that digital assets, including tokens, present risks related to technical software, regulatory compliance, and cybersecurity. You acknowledge that the cost and speed of a blockchain-based system are variable, that costs and processing time may increase dramatically at any time, and that the we cannot control these factors. You understand that protocol upgrades may inadvertently contain bugs or security vulnerabilities that could result in loss of functionality.**
  • **You acknowledge and understand that we shall not be responsible or liable for any acts or omissions of any third party, including, without limitation, third-party service providers.**
  • **In no event we shall be liable for any losses or damages incurred by you or any third party if not caused by our wilful misconduct or gross-negligence.**
  • **We shall not be liable for your failure to obtain or your loss of the expected benefits from the use of the Service.**
  • **We shall not be held liable for any damages incurred by you when we are unable to provide the Service for any one of the following reasons:
    • A force majeure event or a state equivalent thereto beyond the control of us;
    • Intentional interference with the Service by a third party beyond the control of us;
    • Damages caused by false or inaccurate information provided by you;
    • Disruption to Service use or damages incurred due to causes attributable to you;
    • (if applicable) Damages incurred by a personal information leak caused by a third party, where your information was provided to a third party through the Service at your request at no fault of us
    • Damages incurred by an infringement of a third party’s intellectual property rights caused by the actions of you; and
    • Other reasons where there is no willful misconduct or gross negligence on the part of the Company.**
  • In the event of a system error occurring during your use of the Service use, including sub-features or subscribed services, we may delete incorrect data caused by the error and fix or display the error and replace it with actual data as available upon restoration. Depending on the circumstances, data available on the Service may be reset to a specific point in time prior to the error. Datamaxi+ will make commercially reasonable efforts to resolve any discrepancies between the incorrect data and the actual data due to the system error. However, under no circumstances shall the Service or Datamaxi+ be responsible or liable for any results, consequences, losses, or damages incurred by you or any third party in connection with such errors or discrepancies.
  • **Notwithstanding anything to the contrary in these Terms, in no event shall Datamaxi+ (and its respective officers, directors, employees, members, agents, and affiliates) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of US$100.00. The limitation of liability reasonably reflects the allocation of risk between the parties. Limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.**

# 15. Indemnification

  • Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Datamaxi+ and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors, and assigns from and against any and all suits, actions, proceedings, and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs, and expenses (including reasonable legal fees) arising out of, relating to, or in connection with: (i) your use (or misuse) of and access to the Service or Content; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule, or regulation; (iv) any claim that any information provided by you to Datamaxi+ in connection with the Platform, including the Content, caused damage to, infringed upon, misappropriated, or otherwise violated the rights of any third party, including infringement, misappropriation, or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (v) any dispute that you have with any third party relating to or in connection with the Service or Content.
  • Datamaxi+ reserves the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Datamaxi+ in asserting any available defenses and in the conduct of such defense.

# 16. Third-Party Links

  • The Service may include links to third-party websites, and your use of the Service including such links shall be at your own risk. We do not monitor or exercise control over these third-party websites, and we make no claims or representations regarding their content. If we provide such links, it is solely for convenience, and their inclusion does not imply our endorsement, adoption, sponsorship, or affiliation with those third-party websites.
  • When you navigate away from the Platform through links on the Platform or by using your web browser, mobile device, or other navigational tools, the information you access is not provided by us. These Terms do not govern your interactions with third-party websites. We neither control nor review the content of any external website. Linking to a third-party website does not indicate sponsorship, approval, affiliation, or endorsement by Datamaxi+ of that linked third-party website or its products or services. It is your responsibility to review and understand any policies of third-party websites or services.
  • **You acknowledge and agree that, under no circumstances, will Datamaxi+ be responsible or liable, directly or indirectly, for any goods, services, information, resources, and/or content available on or through any third-party website or services. We are not liable for any interactions or communications you have with third parties, nor for any harm, damages, or loss allegedly caused by or in connection with any of the aforementioned or your use of or reliance on the materials, content, or business practices of any third party.**

# 17. Amendment of these Terms

  • We reserve the right to change these Terms at any time. We will notify you of the changes on the Website or by sending a notice to your email address from seven (7) days prior to the enforcement date of the amended Terms by providing both the existing and amended Terns and clearly stating the enforcement date and reasons for amendment; provided, however, in the case where these Terms are amended in such a way that may be disadvantageous to you, we will make a notice on the Website or send a notice to your email address upon from thirty (30) days prior to the enforcement date and clearly notify them individually. Still, it is advised that you regularly review these Terms to ensure your awareness of the most up-to-date version.
  • In the event you fail to provide objections to such changes despite us having notified the amendment in accordance with the preceding paragraph or we made a clear notice to you that ‘You shall be deemed to have consented if they do not express any objection from the date of announcement/notice to the enforcement date’ and you have failed to express objection, you shall be deemed to have consented to the amended Terms.

# 18. Enforcement

  • The remedies outlined for Datamaxi+ in these Terms are cumulative and supplementary to any other remedies available.
  • While we retain the right to investigate any suspected breaches or misuse of the Service, we are not obligated to do so. Additionally, we may choose to report any such activities, data, or individuals and cooperate with: (i) law enforcement authorities; (ii) financial regulators in various jurisdictions; (iii) system administrators at Internet service providers, networks, or computing facilities; and (iv) providers and/or third-party vendors if there is suspicion of a violation of these Terms or any applicable law, rule, or regulation. You acknowledge that this reporting or cooperation may involve providing information related to you and/or your use of the Service, including, but not limited to, your email address, IP address, or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors, or system administrators. Furthermore, we may disclose any information deemed necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental or regulatory request.

# 19. Governing Law; Submission to Jurisdiction

  • These Terms, as well as any claims, disputes, or other legal proceedings between you and us, including those arising out of or related to these Terms or your use of the Service, shall be governed by and interpreted in accordance with the laws of Singapore, without regard to any principles of conflicts of law. Any dispute related to these Terms or the Service shall be referred to and resolved by the Singapore International Arbitration Centre (“SIAC”) in accordance with the rules of SIAC for the time being in force (“SIAC Rules”). The arbitration tribunal shall consist of one (1) arbitrator, which shall be nominated in accordance with SIAC Rules. The seat of arbitration shall be in Singapore and the language of the arbitration shall be English.
  • You acknowledge that a breach of the sections titled "Prohibited Activities" or "Ownership and Intellectual Property" would cause immediate and irreparable harm to Datamaxi+, for which monetary damages would not be sufficient. In addition to all other available remedies at law or in equity, Datamaxi+ shall be entitled to seek injunctive relief without the need for proof of damages or the posting of a bond or other security in the event of such a breach or a threatened breach.

# 20. General

  • These Terms, including any other terms or agreements referenced herein (including our [Privacy Policy] (https://datamaxiplus.com/privacy)) , constitute the entire agreement between you and Datamaxi+ concerning your use of the Service, and they supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Datamaxi+ regarding the Service. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • You acknowledge that no joint venture, agency, partnership, or employment relationship exists between you and Datamaxi+ and/or its affiliates as a result of these Terms or your use of the Service.
  • In no event shall Datamaxi+ be responsible or liable for any failure or delay in the performance of its obligations under these Terms caused by forces beyond its control, directly or indirectly, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes, acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.
  • Our performance under these Terms is subject to existing laws and legal processes, and nothing in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements related to your use of the Service or information provided to, or gathered by, us concerning such use. To the extent permitted by applicable law, you agree that any claim or cause of action arising from or related to your access or use of this Service must be brought within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.
  • These Terms and any rights and licenses granted herein may not be transferred or assigned by you but may be assigned by Datamaxi+ without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
  • If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions.
  • In addition to and without limiting the preceding paragraph, some jurisdictions may provide rights in addition to those provided in the above "Disclaimers and Limitation of Liability" section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part, or there may be state or country-specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
  • Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.
  • Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms.