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i-Sprint "Mobile Token" – Terms of Use


IMPORTANT

Please read this Terms of Use (“ToU”) carefully before using i-Sprint Mobile Token (“Mobile Token”). This ToU is an agreement between you (“you” or “User”) and i-Sprint Innovations Pte Ltd or its affiliates (“Service Provider”) and only upon accepting the ToU, you will be granted rights (“License”) to download and use the Mobile Token. The ToU may be modified by Service Provider from time to time if needed.

This ToU is also subject to our Privacy Policy attached herein or provided on relevant web site. We may collect mobile device information, including without limitation, location, jailbreak/rooting, device identification). For information regarding collection, use and transfer of any information or data, please read the Privacy Policy. You understand and agree to the privacy policy before using Mobile Token.

1. Subscription Term/ Termination The initial subscription term of use of the Mobile Token is complimentary till notification by Service Provider on any change of subscription term status. Service Provider may change the complimentary term to paying term with sixty (60) days’ prior notice to user.

The user may terminate the use of the Mobile Token any time without prior notice.

2. Ownership and No Other Rights The Mobile Token is copyrighted and has been patented (or patent pending). All rights not granted to you in the License remains and shall remain with Service Provider, including without limitation, title, ownership, processes as well as all intellectual property rights (registered or unregistered) associated with the Mobile Token, including without limitation, app design, features, functionality and documentation. The software and technology used to generate and provide the Mobile Token are protected by applicable intellectual property laws, including without limitation, Singapore, as well as all applicable international intellectual property laws and treaties. The mobile app interface, design, product names and logos associated with the Mobile Token are trademarks of the Service Provider or any third parties, and no right or license is granted to use them.

User hereby transfers and assigns to Service Provider any rights User may have to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by User relating to the Mobile Token.

3. Warranties You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Mobile Token or its content; (ii) modify or make derivative works based upon the Mobile Token or content; (iii) "frame" or "mirror" Mobile Token or its content on any other server or Internet-enabled device, or (iv) reverse engineer, decompile the Mobile Token or their enabling software for any purpose.

User represents and warrants that (i) the performance of its obligations herein and use of the Mobile Token (by User and any of its authorized users, end users) shall not violate any applicable laws, or regulations, including without limitation, any intellectual property law or law regulating fraudulent, libelous, scandalous, obscene, or immoral matter, any and all laws and regulations regarding the transfer of personal information, or (ii) cause a breach of any agreements with any third parties.

User acknowledges that (i) Service Provider does not monitor the content of the information passing through the Mobile Token for purposes of verifying accuracy or legal compliance, and (ii) User shall use commercially reasonable efforts to ensure that the information it and any of its authorized users transmit thereby complies with all applicable laws and regulations, whether now in existence or hereafter enacted and in force.

You agree to make all inquiries regarding the Mobile Token and technical support directly to the Service Provider during the subscription period. The Service Provider shall provide technical support in the form of responses to questions by email at no additional charge.

In the event of any breach by User of any of the representations or warranties herein, in addition to any other remedies available at law or in equity, Service Provider shall have the right to suspend immediately any License if deemed reasonably necessary by Service Provider to prevent any harm to Service Provider and its business. Service Provider will provide notice to User and an opportunity to cure, if practicable, depending on the nature of the breach.

4. Confidentiality and Security You acknowledge that all information that we provide in relation to the Mobile Token, including without limitation, software, technology, pricing, and documentation are and incorporate confidential and proprietary information (“Confidential Information”). You shall take all precautions necessary, at least the same security measures or degree of care as you would apply to your own confidential or proprietary information, to safeguard the confidentiality of the Confidential Information. The placement of any copyright notice on the Mobile Token does not constitute publication or otherwise impair its confidential nature. You acknowledge that any breach of this clause will cause irreparable harm to the Service Provider. User may disclose Confidential Information received hereunder only as reasonably required to perform its obligations under this ToU and only to any of its employees who have a need to know for such purposes.

You agree to use this Confidential Information only for purposes of exercising your rights while in strict compliance with ToU, and you further agree not to use or disclose this Confidential Information after expiry or termination of the License.

You are responsible for maintaining the confidentiality of your login protocols. If you knowingly share your login protocols with another person who is not authorized to use the Mobile Token, the License is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login protocols or any other breach of security.

5. Disclaimers Service Provider does not and cannot control the flow of data to or from the mobile device or any telecommunication infrastructure. Service Provider disclaims any and all liability arising from or related to the performance or non-performance of mobile device and telecommunication infrastructure provided and controlled by any third parties.

You shall be solely responsible for acquiring and maintaining devices, technology and procedures for maintaining the security of the use of the Mobile Token. The parties agree that Service Provider shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to Service Provider at the time.

6. No Warranty SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT MOBILE TOKEN IS WITHOUT DEFECT AND ERROR-FREE OR SHALL SATISFY YOUR NEEDS. SERVICE PROVIDER DOES NOT WARRANT THAT MOBILE TOKEN SHALL BE SECURE, TIMELY ERROR-FREE, UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS IN MOBILE TOKEN SHALL BE CORRECTED.

MOBILE TOKEN AND DOCUMENTATION ARE LICENSED "AS IS," AND SERVICE PROVIDER, ALONG WITH ANY OF ITS RESELLERS, DISCLAIMS ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, CORRECTNESS, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. NO INFORMATION OR STATEMENT, ORAL OR WRITTEN, PROVIDED BY SERVICE PROVIDER OR A REPRESENTATIVE OF SERVICE PROVIDER SHALL CREATE OR MODIFY THIS WARRANTY OR ITS SCOPE.

FURTHER, USER ACKNOWLEDGES AND AGREES THAT THAT SERVICE PROVIDER HAS NO CONTROL OVER THE MOBILE DEVICE, AND THAT SERVICE PROVIDER IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY MOBILE DEVICE WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF MOBILE TOKEN.

7. Limitation of Liability; Maximum Liability THE CUMULATIVE LIABILITY OF SERVICE PROVIDER AND/OR ITS AFFILIATES FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS LICENSE, TOU OR MOBILE TOKEN (INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE MOBILE TOKEN, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH MOBILE TOKEN, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL OF ANY SUBCRIPTION FEES PAID BY USER TO SERVICE PROVIDER FOR THE SIX (6) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM. IN NO EVENT SHALL SERVICE PROVIDER AND/OR ITS AFFILIATES BE LIABLE, DIRECTLY OR INDIRECTLY, TO USER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICTLY LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS, LOST DATA OR THE LIKE, EVEN IF SERVICE PROVIDER OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. IN NO EVENT SHALL SERVICE PROVIDER AND/OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS, WARRANTIES OR REPRESENTATIONS MADE BY ANY RESELLER THAT ARE NOT CONTAINED IN THIS TOU.

8. End of Life. Service Provider plans to continue to provide and support the Mobile Token. Should Service Provider determine that it is no longer feasible to support the Mobile Token, Service Provider may terminate the License and the Mobile Token for end of life at any time by providing at least sixty (60) days’ prior notice to User and any fees paid for services not performed upon such termination of License shall be returned to User.

9. Survival Those clauses the survival of which is necessary for the interpretation or enforcement of this ToU shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include, without limitation, the following, Clauses 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15 and Privacy Policy, but this shall not imply or create any continued right to use Mobile Token after expiry or termination of the license.

10. Export Control. Mobile Token and use of it may be subject to any Singapore, local or International export restriction. You acknowledge and agree that Mobile Token shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which you will be in violation of any Singapore, local or International export law or restrictions.

11. Notices. We may give notice to you by means of a general notice in the Mobile Token application. You may give notice to the Service Provider by mail or email.

12. Governing Law This ToU shall be construed in accordance with and governed by the laws of Singapore, regardless of the location of the forum that shall adjudicate, interpret and enforce those laws, and without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the laws of the Singapore to govern the rights and duties of the parties. The parties hereby submit to the non-exclusive jurisdiction of the courts of Singapore.

13. Force Majeure We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, telecommunication infrastructure / network disruptions, hacker attacks, or communications failures.

14. Assignment You shall not assign, transfer, or delegate the License or any part of Mobile Token or documentation without Licensor’s prior written consent. Licensor may freely transfer, assign, or delegate all or any part of the License, and any rights and duties thereunder, without the requirement of consent. The ToU shall be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.

15. Severability If any term in the ToU is found void and unenforceable, it shall not affect the validity of the remainder of the ToU, which shall remain valid and enforceable. If for any reason a court of competent jurisdiction finds any provision of the ToU, or portion thereof, to be unenforceable, that provision of the ToU shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the ToU shall continue in full force and effect.

16. Complete Agreement Except as otherwise expressly provided herein, ToU constitutes the entire agreement between Service Provider and you, regarding the License to use of Mobile Token and supersedes any prior agreement, oral or written, or any other communication with Service Provider regarding the License. No amendment or modification of this ToU shall be enforceable unless Service Provider expressly consents in writing and signed by an authorized officer of Service Provider.

17. Third Party Code Mobile Token may contain third party opensource / freeware. In addition to any terms and conditions of any third party opensource / freeware license, Clause 6 and 7 above shall apply to all software. You may contact Service Provider for any updated information.