Resources

Platform Terms & Conditions Of Use

Overview
1. This online artificial intelligence and machine learning platform 8nalytics.com (“Platform”) is maintained and/or owned by Business Intelligence and 8nalytics Pte Ltd (“BIA8”) and its respective partners (individually and collectively, the “Licensor").
2. These Terms of Use form a legally binding agreement between you and Licensor, and govern your use of and access to the Platform and the Services (defined below). These Terms of Use highlight your respective legal rights and obligations when using and/or accessing the Platform and/or Services. Please read the Terms of Use carefully before using this Platform and/or Services. By using and accessing this Platform and/or Services, you agree to be legally bound by these Terms of Use. Please do not use or access this Platform and/or Services if you do not agree to any of these Terms of Use.
3. Services provided via this Platform include, without limitation:
  1. The use of Licensor’s various proprietary deep learning business analytic drag-and-drop modules, including:
    1. 360 Survey;
    2. Financial Modelling;
    3. Emotion and Gestures Analyzer ;
    4. Financial Performance Metrics Analyzer;

(individually and collectively, “Module(s)”), which are provided as a Software as a Service (SaaS), for the purposes of identifying and measuring qualitative and quantitative key performance indicators of a business;

1. 1. all other related services provided by Licensor and its agents and/or employees,

(collectively, the “Services”).

1. The terms “you” and “your” in these Terms of Use shall mean the business entity on whose behalf you are using the Services and/or entering into this Agreement (“Business Entity”) unless the context does not permit. By using the Platform, Modules, and/or Services, you hereby represent and warrant that you are duly authorised to act on behalf of your client or the Business Entity that you represent.
2. and that these Terms of Use are binding upon the Business Entity.
3. These Terms of Use are not exclusive from any other agreement on this Platform. Additional terms, conditions and notices may also be posted in such other areas or sections of this Platform, and together with these Terms of Use, govern your access and usage of the Platform and Services provided. These Terms of Use, together with such applicable additional terms and conditions, are referred to as this “Agreement”.
4. These Terms of Use apply to all users of the Platform and Services. Any breach of these Terms of Use by you may result in immediate termination or suspension of your User Account (defined below) without prior notification.

Licence
1. Subject to your compliance with these Terms of Use, Licensor hereby grants you a limited, revocable, non-exclusive, and non-transferable right to access the Platform via a designated web browser and use the Services including Modules and Reports through such access, solely for your internal and business purposes.

It is not necessarily just for business purposes only. It could be for personal competency and performance tracking purposes too) and for no other purposes.

1. In using the Platform and/or the Services, you agree:
  1. to comply with all notices, guidelines, rules and instructions pertaining to the use of the Platform and/or the Services as issued in writing by the Licensor from time to time, and any operating rules or policies that may be published from time to time by Licensor;
  2. to abide by all applicable rules, laws, regulations, or guidelines in connection with your access to or use of the Platform and/or Services;
  3. not to permit or grant access to the Platform and/or Services to any third party, other than as expressly permitted under this Agreement;
  4. not to, without the prior written approval of Licensor, copy or reproduce Platform and/or Services by any means or in any form, or modify, reproduce, adapt, or publicly distribute any materials or content on this Platform;
  5. not to reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Platform and/or Services;
  6. not to modify, translate, or create derivative works based on any element of the Platform or Services;
  7. not to rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Platform and/or Services;
  8. not to use the Platform for timesharing purposes or offer on a “pay-per-use” basis or otherwise for the benefit of any person or entity;
  9. to comply with all applicable data protection and privacy laws and regulations, including the Personal Data Protection Act 2012 (“Data Protection Laws”);
  10. that you have obtained all relevant and necessary consents before posting, providing, or submitting the personal data of third parties;
  11. not to attempt to obtain unauthorised access to the Platform and/or the Services, or to hack, compromise or tamper with the security or security features of the Platform and/or Services, including:
    1. not to deliberately interfere with or hamper the working and performance of the Platform and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Platform and/or Services;
    2. not to use any cheats, exploits, hacks, bots, mods or third-party software designed to modify or interfere with the Platform and/or Services;
    3. not to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Licensor to protect the Platform, Services, Modules, and/or intellectual property owned by the Licensor, or attempt to do any of the foregoing; and
  12. not to use the Platform or Services for any purpose other than the purposes for which they are provided by Licensor.
User Account and Passwords
1. To use the Services and certain functionalities of the Platform , you must have a valid Platform user account (“User Account”). The user login and password of each User Account is required for access and use of the Platform and Services, including any access and use by persons authorised by you (each an “Authorised User”). You are responsible for maintaining the confidentiality of all user logins and passwords and for ensuring that each user login and password is used only by the Authorised User to which it was issued. You shall restrict your Authorised User(s) from sharing passwords.
2. Upon signing up for a User Account, you shall be deemed to have read and accepted these Terms of Use as well as the Privacy Policy. Any breach of these Terms of Use by you may result in immediate termination and/or suspension of your User Account and cancellation of all transactions associated with the User Account, without prior notification.
3. You agree to be solely responsible for all online activities and communications conducted through your User Account and/or associated with the user logins and passwords of you and your Authorised Users. You agree and acknowledge that Licensor will deem all access and use of the Services and all transactions entered into and activities conducted under the user logins of you and your Authorised Users as transactions entered into and activities conducted by you, and you agree to be liable for all such transactions and activities. You agree that Licensor will not be liable for any loss, damage, liability, claims, demands, fees, costs and expenses (including legal and professional costs and expenses) (collectively “Loss”) arising as a result of or in connection with the unlawful, fraudulent or otherwise wrongful or unauthorised use of your User Account or any failure to comply with the terms set forth in this Clause 3.
4. You are solely responsible for, and bear the risk of, all activities carried out under or pursuant to the user logins and passwords assigned to you and your Authorised Users, whether or not such use is authorised by you. Licensor shall not be responsible for controlling or monitoring the use of user logins and passwords, or for any loss that may be suffered by you or any third party as a result of any unauthorised use of the user logins and passwords of you and your Authorised Users. To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the confidentiality of the user logins and passwords of you and your Authorised Users. You agree to immediately notify Licensor of any unauthorised use of your User Account and/or login and password of you and/or your Authorised Users, or any other breach of security known to you.
Uploaded Data
1. By making available any text, data (including any EEG data), information, graphics, audio, video, images, photos, and any other content uploaded, transmitted, or submitted on or through the Platform (“Uploaded Data”), you hereby grant to us, for the purpose of operating the Platform, providing the Services, generating the Reports, and any other services to be provided by Licensor to you, a worldwide, non-exclusive, sublicensable, and royalty-free licence to use, modify, reproduce, and/or process any Uploaded Data in the Platform, whether now known or hereinafter developed, without the requirement to make any payment to you or to any third party, or the need to seek any third party permission. You undertake that you shall be solely responsible for maintaining updated backups of all data (including Uploaded Data) which you upload to the Platform.
2. In addition, you agree that Licensor shall have the right to use, modify, reproduce, and process Uploaded Data (other than personally identifiable information) in individual or aggregate form (a) to the extent and in the manner permitted by all applicable laws or regulations, including all Data Protection Laws, and (b) with your prior consent, for purposes of deep machine learning and improvement of artificial intelligence; data gathering, analysis; and service enhancement for the benefit of Licensor clients.
3. You acknowledge and agree that you are solely responsible for all Uploaded Data that you make available on or through the Platform and/or Services, including any Uploaded Data uploaded to be processed by any Module. Accordingly, you agree, represent, and warrant that:
  1. you are either the sole and exclusive owner of all Uploaded Data that you make available on or through the Platform and/or Services, or that you have all rights, licences, consents, and releases that are necessary to provide the Licensor with the Uploaded Data, including for use in performing the Services or to enable any other services to be provided to you hereunder by Licensor and its agents, contractors, and partners, including for the purposes set out in Clauses 4.1 and 4.2;
  2. any information you post to or transmit through the Platform (including any Uploaded Data):
    1. is truthful, accurate, valid, complete, up to date, not misleading, and offered in good faith, and that you have the right to post or transmit such information; and
    2. complies with all applicable laws, regulations, permits, and approvals, including all Data Protection Laws.
  3. the Uploaded Data, your posting, uploading, publication, submission, or transmission of the Uploaded Data (or any portion thereof) on, or via the Platform and/or Services do not contain any content, information, data and/or material that:
    1. is unlawful, infringing, or false;
    2. is an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law, intellectual property rights, or other rights of any third party;
    3. contains viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Platform or any computer; and
    4. without the relevant third-party owners’ permission, contains any links to third-party websites or use of any third party trademarks,

and you shall indemnify and keep indemnified Licensor and its respective servants and agents against any Loss arising from any breach of this Clause, including any claim by a third party that any part or whole of the Uploaded Data infringes any copyright or intellectual property or other rights of a third party.

Security
1. Licensor will deploy reasonable security precautions intended to protect against unauthorised access to any of your data (including any Uploaded Data) stored by Licensor in connection with your operation of the Platform. Licensor will exercise reasonable efforts to deploy corrections within the Platform for security breaches made known to Licensor. You may not circumvent or otherwise interfere with any user authentication or security of the Platform.
2. You acknowledge that, notwithstanding the security precautions deployed by the Licensor, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Platform and your data. Licensor cannot and does not guarantee the privacy, security, integrity or authenticity of any information transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
Services and Reports
1. As part of the Services offered by us, Uploaded Data submitted by you onto the Platform can be processed using the Licensor’s various proprietary Modules, which enables you to process and analyze different types of data for business analytics and AI machine learning and analysis purposes. Each Module offered on the Platform may serve a different function and process different types of data (for example, speech or facial recognition based on voice and video data, or behavioral profile prediction based on EEG data).
2. Depending on the Module you have selected to process your Uploaded Data, with the use of machine learning algorithms, the Platform will generate and display smart reports, which may contain evaluative and/or analysis data based on the Uploaded Data submitted by you (“Reports”). You agree that the accuracy, quality and comprehensiveness of the Reports shall be dependent on the Uploaded Data submitted by you and the duration and amount of deep learning acquired by the Platform at the relevant time. Hence, Licensor provides no representations or warranties in relation to, and shall not be liable for, any Reports, or any information or conclusions contained therein.
Payment
1. Any fees, costs, and other amounts payable for the Platform and/or the Services under this Agreement as specified from Licensor (“Fees”), are payable as set out in this Clause 7 and such other terms as may be specified by Licensor on the Platform from time to time, and may be revised or modified by Licensor in its sole discretion from time to time.
2. Please note that all payments and related payment information shall be handled by our third-party payments service provider, Payment can be made via e-commerce credit card, PayPal or TT directly to us. They can pay either in USD or SGD whose website may be accessed at the following link: www.8nalytics.com. We will not store any payment information provided by you.
3. All Fees payable under this Agreement by you to Licensor shall be in Singapore Dollars or United States Dollars and shall be paid by credit card and such other mode of payment as may be designated by Licensor from time to time. All bank charges, if any, shall be borne by you. Any required currency conversion shall be made at the exchange rate prevailing at the time of accrual, as quoted by the bank, card company, or any other source as designated by the Licensor to you from time to time.
4. All taxes, including goods and services tax and value-added tax, in respect of any amounts due under this Agreement or any other payments which are to be made by you to Licensor, shall be borne by you.
5. Licensor reserves the right to cancel, terminate, or suspend your User Account and/or your access to and use of the Services in its sole and absolute discretion, in the event of any failure by you to make full payment of any sum(s) due from you to Licensor by their respective due dates as stated on Licensor’s invoices.
6. Please note that all Fees paid under this Agreement shall not be refundable for any reason (including but not limited to the termination, deletion, or suspension of your User Account).
Amendments and Modifications
1. Licensor has absolute and unfettered discretion from time to time, but shall not be obliged to:
  1. make upgrades, changes, alterations, enhancements, and/or modifications to the Platform, Modules, and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software; and
  2. modify, change, update, or revise these Terms of Use, including any Fee structure and other features;
  3. remove, discontinue, suspend, or terminate the whole or any portion of the Platform, Modules, and/or Services;
  4. impose restrictions on certain features or restrict your access to parts of the entire Platform, Modules, or Services,

(collectively, the “Changes”).

1. Licensor shall not be liable for any loss arising as a result of or in connection with any loss of or interruption in the access of the Platform and Modules, and/or use of the Services due to any Changes.
2. Any amendments to these Terms of Use will apply and take effect immediately at the time they are published on this website. It is your responsibility to remain updated on any changes that may be made to the relevant Terms of Use, which shall be updated on the following website from time to time. You shall be deemed to have accepted and affirmed the amended or modified Terms of Use by your continued use of the Platform and Services following any change to the Terms of Use. Licensor will not in any event be liable for any loss resulting from any amendment(s) or modifications to these Terms of Use.
3. Licensor shall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software as it deems necessary or appropriate for your access and connectivity to the Platform or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you accept that you may not be able to obtain access and connectivity to the Platform and/or the use of the Services.
Intellectual Property
1. Any and all intellectual property rights embodied in or relating to or used in connection with the Platform, the Services, the Modules, the Reports, and all materials and works comprised in or relating thereto, with the exception of the Uploaded Data, including without limitation:
  1. all trademarks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by Licensor, whether or not the aforesaid were incorporated into the Platform;
  2. HTML, WML, Java, CGI scripts, javascript and/or all other forms of computer code employed in the design, creation and posting of the Platform on the Internet, and all updates and derivative works thereto;
  3. all computer programs, modules, algorithms and/or tools relating to the Modules (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);
  4. the graphical user interfaces relating to the Platform;
  5. the compilation, collection, arrangement and assembly of all data, information and content on the Platform and in the Reports; and
  6. any other proprietary designations or materials used in association with the Platform and the Services,

(collectively “Licensor Materials”), are the property of the Licensor, and/or its affiliates, (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. No part or whole of any Licensor Materials or the Platform may be copied, reproduced, published, modified, adapted, uploaded, posted, transmitted, distributed, or commercially exploited in any way without the prior written consent of the Owner.

1. Any and all intellectual property rights embodied in or relating to the Uploaded Data are the property of you, your licensors and/or your affiliates and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, design law, patent law, international conventions, and other intellectual property laws. No part or whole of any Uploaded Data may be copied, reproduced, published, modified, adapted, uploaded, posted, transmitted, distributed, or commercially exploited in any way without the prior written consent by you.
Indemnity
1. By using the Platform, Modules, and/or Services, and providing the Uploaded Data, you agree to indemnify, hold harmless, and defend Licensor, its affiliates, officers, directors, employees and agents, from and against any and all Loss incurred, arising out of or relating to:
  1. your access to, reliance on, and/or use of the Platform, Modules, Services, Reports, and/or Licensor Materials;
  2. any claims by any third parties, and any claim that your access to, reliance on, and/or use of the Platform, Modules, the Services, Reports, and/or Licensor Materials, caused Loss, damage, injury or death to a third party;
  3. the Uploaded Data, including without limitation any disputes or claims by any third parties in relation to the Uploaded Data for any reason;
  4. any violation of any third party right by you, including without limitation any intellectual property, or unauthorised disclosure of any proprietary information of Licensor;
  5. any actual or potential breach of any Data Protection Laws;
  6. any other liabilities incurred through your access to, reliance on, and/or use of the Platform, Modules, Services, Reports, and/or Licensor Materials; and/or
  7. any breach of this Agreement, including without limitation Clauses 3, 4, 12 and 13.
2. The above indemnification obligation will survive the expiry or termination of this Agreement, and your access to, reliance on, and/or use of the Platform, Modules, Services, Reports, and/or Licensor Materials.
Warranties
1. To the fullest extent permitted by applicable law, Licensor, its affiliates, and their respective directors, officers, agents, and employees (collectively, the "Licensor Parties") expressly disclaim all warranties or undertakings of any kind, whether express or implied, including, but not limited to:
  1. any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the Services, Modules, Platform, the Reports, or any information and materials provided through the same.
  2. any warranty, undertaking, or representation of any kind that the Platform, Modules, Services, and Reports will meet your requirements, expectations, or specifications, achieve any intended results, or be compatible or work with any other software, applications, systems or services. You acknowledge and agree that the Platform, Modules, Services and Reports are not intended to meet any of your specific requirements, and any such request for specific requirements shall be subject to separate terms to be agreed in writing with Licensor.
2. Licensor will use reasonable efforts to keep the Platform and Services operational. However, certain technical difficulties and/or maintenance may, from time to time, result in temporary interruptions or downtime. Neither the Licensor nor any other Licensor Party warrants uninterrupted use, operation, or availability of the Platform and/or Services, or that any submission or transaction request you attempt using the Platform or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You acknowledge and agree that the Services and the Platform may have errors and may encounter unexpected technical problems from time-to-time, and that you may experience downtime and errors in the operation, functionality or performance of the Platform and/or the Services.
3. Licensor does not warrant, endorse, guarantee or assume responsibility for any third-party information, materials, content, or any other product or service produced or provided by a third party. Consequently, Licensor will not be responsible for any transaction between you and third-party providers of third-party products, and/or services, or for any acts or omissions of such third parties.
4. No advice or information, whether oral or written, obtained by you from Licensor or any other Licensor Party through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
5. You acknowledge and agree that:
  1. Your use of the Platform, Modules, and/or the Services, including, without limitation, your use of any Reports or intellectual property owned by the Licensor, is at your sole risk;
  2. the Platform, Modules, Services, all Reports and all Licensor Materials are provided on an "as is" and "as available" basis;
  3. Licensor endeavours to ensure but does not guarantee that the content displayed on the Platform or in the Reports will be accurate or up to date. In particular, you acknowledge and agree that the Platform and Modules rely on artificial intelligence processing and are highly dependent on the quality and accuracy of the Uploaded Data, and the duration and amount of machine learning acquired by the Platform at the relevant time. As such, Licensor shall not be liable for any Loss suffered arising out of or due to your reliance on any results or information provided by the Platform, Modules, Services, or any Reports;
  4. Licensor endeavours to ensure, but will not be able to ascertain the accuracy, quality, or reliability of any results, information, or materials posted on the Platform or in the Reports and will not be held liable for any loss suffered by you arising out of or due to any errors or inaccuracies on the Platform or in any Reports;
  5. Licensor is not liable for any viruses, spyware, defects, errors, or malfunctions to computers that arise out of your usage of the Platform or the Reports;
  6. Licensor is not liable for any reliance on any information, opinions or views expressed by Licensor on the Platform or the Reports;
  7. the above disclaimers and limitations are required for Licensor to provide you and other users with the full and complete Services requested and enable the Services to be provided to you.
Confidentiality

Each Party (“Recipient”) shall treat as confidential all data and information relating to the business and other operations of the other Party (“Owner”) and all other information whatsoever obtained by it pursuant to or by virtue of this Agreement in any form or medium (including written, electronic or verbal), including but not limited to all documents, materials, and information marked as "confidential" and whether or not such data and/or information is contained or embodied in the Platform ("Confidential Information"). For the avoidance of doubt, all data in and information relating to the Platform, the Services, Modules, the Licensor Materials, and including the terms of this Agreement, shall without any limitation, be included as the Confidential Information of Licensor, and you shall not use such Confidential Information for any purpose other than for internal reference, personal competency cum performance tracking purposes, internal business purposes, research, journal/article references using data in general with anonymity or benchmarking purposes.

Platform could also be used for other purposes eg:

recruitment and / or selection for succession planning or matching to vendors such as training providers etc.

2. The Recipient shall not divulge any Confidential Information to any person (except to its own employees and then only to those employees who need to know the same) without the Owner's prior written consent. Provided that this clause shall not extend to information which was rightfully in the possession of the Recipient prior to the commencement of the negotiations leading to this Agreement, or which is already public knowledge or becomes so at a future date (otherwise than as a result of the Recipient's breach of this clause). The Recipient shall not use any Confidential Information except for the purpose of performing any obligation or exercising any right under this Agreement.
3. The Recipient will establish and maintain sufficient security measures and procedures to provide for the safe custody of Confidential Information and to prevent unauthorised access thereto or use thereof.
4. The Confidential Information is hereby acknowledged as confidential by Parties, and may be disclosed by the Recipient if and only if:
  1. required by law or order of a court of competent jurisdiction or government department or agency with valid authority; or
  2. permitted under this Agreement,

and to such extent only as is necessary for the purposes contemplated by this Agreement, or as is required by law, and subject in each case to the Recipient using its best endeavours to ensure that the person in question keeps the Confidential Information confidential and does not use it except for the purposes for which the disclosure is made.

Data Protection
1. You shall comply with all applicable Data Protection Laws, and all data protection policies and procedures notified to you, with regard to the collection, processing, use, and disclosure of any personal data in the course of accessing the Platform, using the Services, and/or under this Agreement, including any personal data contained in the Uploaded Data, Reports, Licensor Materials and/or Confidential Information.
2. You undertake and warrant that you shall at all times collect, use, process and/or disclose all personal data strictly in accordance with lawful and valid consents obtained from the relevant individuals identified by such personal data, and in a manner that does not cause Licensor or Licensor Parties to be in breach of their obligations under any Data Protection Laws. You shall establish and implement your own procedures, standards and/or arrangements required for compliance with all Data Protection Laws.
3. In the event that you are aware of any threatened, suspected or actual act of unauthorised access, collection, use, disclosure, copying, modification, disposal or other similar act or compromise in respect of personal data, you shall promptly notify Licensor in writing of the same.
4. You undertake to ensure that each of your and/or your Business Entity’s directors, officers, shareholders, agents, employees, and representatives:
  1. comply with this Clause 13; and
  2. are contractually bound by the provisions of this Clause 13 by the incorporation of corresponding provisions of confidentiality and data protection in their employment and other applicable contracts,

and you shall forthwith inform Licensor of any breach of such provisions and Licensor shall take all necessary measures, including legal proceedings, to restrain such person from any further breach.

Termination
1. Notwithstanding any other provision in this Agreement to the contrary, Licensor reserves the right, without notice or cause and in its sole discretion, to terminate this Agreement.
2. Licensor reserves the right to cancel, terminate, and/or suspend your access to and use of the Platform, Services, and/or your User Account at any time at its sole and absolute discretion without notice or justification, and/or terminate this Agreement, including without limitation in the event of unauthorised, or suspected unauthorised use of the Platform and/or the Services, whether in contraventio

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