Terms of Service for Early Access Program

This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of 1TM’s websites, services, and mobile app (collectively, the “Service”), each owned and operated by 1TM PTE. LTD. (“1TM”, “we”, “our” or “us”).

Please read the Terms carefully before using the Service. If you do not agree to the Terms and 1TM’s Community Guidelines (the “Community Guidelines”), you may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you are fully able and competent to enter into, abide by and comply with the Terms.

 

Your 1TM Account. 

To register as a member of the Service, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address since that is the primary way in which we will communicate with you about your account and your orders.

If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 1TM may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause 1TM liability. You must immediately notify 1TM of any unauthorized uses of your Account or any other breaches of security. 1TM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

Migration Service.

If we help you set up your account, or migrate your content to 1TM on behalf of you, the copyright of any Content we upload to 1TM will continue to be owned by you. Once the migration service is complete, you will be given the login credentials of your account, so you can change the password and we no longer have any access to your account. You can use it to continue to access Services provided by 1TM. However, if you also choose to delete the content; upon notification from you, 1TM will delete your Content within a reasonable amount of time. 

Please note that when you upload Content, third parties may be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on 1TM, any use by a third party of your Content could violate these Terms unless the third party receives verbal or written permission from you by license.

If you delete Content, 1TM will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Your Responsibilities.

If you operate an account, post comments, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:

  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
  2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses or other harmful or destructive content;
  5. the Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  7. your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
  8. your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s URL or name is not the name of a person other than yourself or company other than your own; and
  9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by 1TM or otherwise.

By uploading Content or otherwise providing Content to 1TM, you grant 1TM the right to use (including the right to host, index, cache, and format) and display your Content in connection with providing the Service as well as otherwise on the Site and our marketing communications with you and other users and prospective users of the Service, including without limitation on our emails, marketing channels, and other promotional materials. To any extent that we use your Content in our marketing communications unless you expressly permit us to do otherwise, we will always cite you as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.

1TM reserves the right to refuse and/or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what types of Content and uses of the Service are appropriate at 1TM.

All Content uploaded are copyright © of their respective owners. However, by displaying or publishing any Content on or through the Services, you hereby grant to 1TM a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation, the distributing in part or in all  any media formats through any media channels. This is solely for the purposes of providing and improving our Products and services. This means, for example, that if you share a photo on 1TM, you give us permission to store, copy, and share it with others.This license will end when your content is deleted from our servers upon request.

 

Rules. 

Use of any of the Services is subject to the following rules. You agree that, in addition to abiding by our Community Guidelines, you will not do any of the following:

  • Use, support, or develop bots, scrapers, software, scripts, crawlers, browser plugins, robots, or other automated methods including human-powered automation through farming or any other crowd-sourced methods to access, scrape, or copy the Services, or to add or download data, or send or redirect information or messages;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that we have not made open-source;
  • Rent, lease, loan, trade, sell or otherwise monetize the Services or related data or access to the same, without our express written consent;
  • Monitor the Services’ availability, performance, or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
  • Override any security feature or bypass or circumvent any access controls or limits of the Services;
  • Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account; or
  • Violate our intellectual property rights or the intellectual property rights of others.

 

Third-Party Websites and Content. 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 1TM links, and that link to 1TM. 1TM does not have any control over those non-1TM websites and web pages and is not responsible for their contents or their use. By linking to a non-1TM website or webpage, 1TM does not represent or imply that it endorses such a website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. 1TM disclaims any responsibility for any harm resulting from your use of non-1TM websites and web pages.

 

Intellectual Property. 

All material available on the Service and all material and services provided by or through 1TM, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.


If 1TM, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your, or a third party system, then 1TM may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality, and data is paramount. 1TM has no liability to you for suspending the Service under this provision.

 

This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to 1TM related to the Service or 1TM or its business (“Feedback”) are and will be 1TM’s exclusive property without any compensation or other consideration payable to you by 1TM, and you do so of your own free will and volition. 1TM may or may not, at its sole discretion, use or incorporate the Feedback in whatever form or derivative 1TM may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to 1TM in any Feedback and, as applicable, waive any moral rights.

 

1TM retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that 1TM may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.

 

Changes. 

1TM reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. 1TM may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.

 

Termination. 

1TM may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms or your Account (if you have one), you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Disclaimer of Warranties.

Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. 1TM expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

 

Limitation of Liability. 

You agree that, under no legal theory, including but not limited to: negligence, breach of warranty or condition, breach of contract or tort, will 1TM or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if 1TM has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. 1TM’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to 1TM in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, 1TM’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, 1TM will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to 1TM or through the Service. You further agree that the foregoing limitations will apply with respect to third-party liability of any kind.

The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than 1TM and received by you through or advertised on the Service or received by you on any third party sites. You also agree that 1TM will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.

With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.
You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.

 

General Representation and Warranty. 

You represent and warrant that (i) your use of the Service will be in strict accordance with the Terms and the Community Guidelines and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification.

You agree to indemnify, defend, and hold harmless 1TM, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. 1TM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 1TM and you agree to cooperate with 1TM’s defense of these Claims. You agree not to settle any matter without the prior written consent of 1TM. 1TM will use reasonable efforts to notify you of any such Claims upon becoming aware of them.

 

Miscellaneous.

If there is any dispute between you and 1TM about or involving the Terms, the Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions. Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the Arbitration Rules of the Singapore International Arbitration Centre. The appointing authority will be the Singapore International Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the Singapore International Arbitration Centre in accordance with its rules. The place of arbitration will be Singapore. The language of the arbitration will be English.

If any portion of the Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void, or unenforceable will be stricken from the Terms.

You agree that the Terms are specifically enforceable by 1TM through injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if 1TM does not exercise or enforce any legal right or remedy which is contained in the Terms (or which 1TM has the benefit of under any applicable law), this will not be taken to be a formal waiver of 1TM’s rights and that those rights or remedies will still be available to 1TM.

The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation, or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.