These Terms of Service (“Terms”) cover use of and access to a data platform service (“Service”) provided by IHI Asia Pacific Pte. Ltd (“IHIAP”).
By using our Service, the User is agreeing to be bound by these Terms.
Article 1 (Service)
IHIAP shall provide access to the data platform (“System”) where its customer (“User”) can monitor its own product remotely.
Article 2 (Operating Support)
2.1 IHIAP provides the corresponding technical support in the process of the Service, provided,however, that User provides the necessary information and cooperation for the technical problems in the process of trouble shooting.
2.2 IHIAP repairs and restores System within 24 hours in principle in case of failure.
Article 3 (Indemnification)
3.1 IHIAP shall not be liable for damages incurred by User or User’s customers, etc. due to any of the following events:
（1）Data loss in certain period (including the period of Server maintenance).
（2）Force majeure, which is beyond control of IHIAP including, but not limited to, acts of God,disturbances, riots.
（3）Failure of the network infrastructure or Server, or failure of internet connection service or other failure of the connection environment.
（4）Intrusion of computer viruses.
（5）Unauthorized access by a third party, cyber-attacks, and interception over communication paths.
（6）Operations other than those instructed by IHI.
（7）Outflow of User customers’ business information (including the operation data)
（8）Any other reason not attributable to IHIAP.
3.2 In the event of the previous section, IHIAP can stop providing System until the event is eliminated.
Article 4 (Obligation of User)
4.1 User shall keep its user account and password information properly to ensure its own data security. For the avoidance of doubt, User takes responsibility for the disclosure of the information or datain System due to the User's own fault.
4.2 User shall upload any data to System complying with all relevant laws governing the export and re-export of information. For the avoidance of doubt, IHIAP would not have any liability if User violates any of relevant laws governing the export and re-export of information.
4.3 User shall prepare a SIM card, mobile data subscription and other equipment or services necessary for accessing to the System at its own expense.
Article 5 (Property of Data)
The operation data owned by User loaded to System is owned by User, and IHIAP and its subcontractor can only use it to provide technical support to User.
Article 6 (Service Fee)
6.1 A fee for the Service shall be agreed separately between IHIAP and User. For the avoidance of doubt, cost for a SIM card, mobile data subscription and other equipment or services necessary for accessing to the System is not included in the said fee.
6.2 IHIAP has the right to stop providing the System and Server when User defaults on the payment obligation.
Article 7 (Limitation of Liability)
7.1 Notwithstanding anything to the contrary contained in these Terms, IHIAP will not, under any circumstances, be liable to the other party for consequential, incidental, special, or exemplary damages arising out of or related to this Agreement, including but not limited to lost profits or loss of business, even if IHIAP is apprised of the likelihood of these damages occurring.
7.2 Under no circumstances will IHIAP’s total liability of all kinds arising out of or related to the Service, regardless of the forum and regardless of whether any action or claim is based on Agreement, tort, or otherwise, exceed the total amount of the Service fee for 1 year.
Article 8 (Term and Termination)
8.1 The term of the Service shall be 1 year from the date when User starts to use the Service. Provided
that, if User requests continuity of Service no later than 30 days prior the expiration, User and
IHIAP may agree on the extension by separate agreement.
8.2 Notwithstanding the previous section, either party may terminate the provision or use of the
Service upon fifteen (15) days’ notice as a result of any material breach of these Terms by the
other party that remains uncured for at least thirty (30) days following receipt of written notice
of such breach.
Article 9 (Governing Law)
This Agreement will be governed by the laws of Singapore without regard to its conflicts of law principles.
Article 10 (Dispute Resolution)
Any dispute arising out of or in connection with this Agreement, including any question regarding
its existence, validity or termination, shall be referred to and finally resolved by arbitration
administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the
Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time
being in force, which rules are deemed to be incorporated by reference in this clause. The seat of
the arbitration shall be Singapore. The tribunal shall consist of one arbitrator. The language of the
arbitration shall be English.
Article 11 (Consultation)
Any matters not stipulated in these Terms or any doubtful point arising in the interpretation of
this Agreement shall be discussed and settled in good faith between User and IHIAP.