Welcome to DOMOAI PTE.LTD.’s official website where you can find policies and terms governing your use of products and services provided by DOMOAI PTE.LTD., its subsidiaries and affiliates (collectively as “Company,” “we,” “us” and “our”).
We prepared these ToS to help explain the terms that apply to your use of the Service.
By visiting the Site, downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the Service, and uninstall the App if you have already downloaded it.
Our Privacy Policy and Copyright Policy are part of and are governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms, and you agree to be bound by the terms of the Copyright Policy and agree that we process the copyright infringement in accordance with its terms.
These ToS contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below. If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified ToS.
When you use the Service, you represent that:
· your use of the Service does not violate any applicable law or regulation;
· you are 13 years of age or older;
· you are of sufficient legal age or otherwise have legal capacity to legally enter into these ToS.
In order to use the Service, you must first agree to be bound by the terms of these ToS and our Privacy Policy.In order to be able to activate the App, you may need to agree to allow the App to have access to the following information and features located on the user’s device:
· Device and Application History
· Identity
· Photos and media files
· Camera; microphone
· Wi-Fi Connections
· Device ID and Call Information.
BEFORE USING THIS APP, YOU SHOULD CAREFULLY READ ALL INSTRUCTIONS AND TIPS AND JUDGE WHETHER THE APP MEETS YOUR PURPOSE AND NEEDS.
BY INSTALLING THE PRODUCT, YOU UNDERSTAND AND AGREE TO ASSUME ALL RISKS ASSOCIATED WITH INSTALLATION AND USE OF THIS APP.
a. Ownership of Service and Trademarks: The Service and the trademarks, service marks, and logos contained on the Service are owned by or licensed to us and are subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions.
b. License to Your Content: You grant DomoAI a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content for the purposes of operating and providing the Service to you and to our other users.
c. Inputs and Outputs: DomoAI does not claim ownership of any Inputs or Outputs. You own all Outputs you create with the Service (“Your Outputs”). However, DomoAI reserves the right to review or monitor Inputs and Outputs. You hereby grant DomoAI and other users a license to any of your Inputs and Outputs that you make available to other users on the Service under the Creative Commons Noncommercial 4.0 Attribution International License.
d. Legal Remedies: We reserve all rights in and to the Service, including the right to seek and obtain injunctive relief and enforce the same against you, to protect the intellectual property rights of DomoAI and its licensors.
(1) The Company grants each user a non-exclusive and limited license to use the object code version of the App for non-commercial purposes. Each user may make a single copy of the App in object code form for archival or backup purposes. The user must include all Notices on all such copies. Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by applicable law. To the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
(2) Each user is prohibited from transferring or assigning the App or these ToS and/or any rights or obligations hereunder without the prior written consent of the Company.
(3) Your rights under this ToS will automatically terminate if you breach any of your material obligations under this ToS.
(4) Promptly after such any termination of this ToS, you will destroy all copies of the App and uninstall the App from your device.(5) All rights not expressly granted are reserved.
You agree that, in connection with your use of the Service, you will not:
· decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
· circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any part of the App.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C)ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Notwithstanding any terms set forth in these ToS, if any of the provisions set forth in Section “Limitation of Liability” above are held unenforceable, void or inapplicable under applicable law, then any such provision shall not apply to you but the rest of these ToS shall remain binding on you and the Company.
In addition, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these ToS, nothing in these ToS is intended to, nor shall it be deemed or construed to, limit any rights available to user under applicable federal or state consumer protection law.
(1) Our Right to Manage the Service
We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these ToS and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these ToS; (c) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (d) to terminate or block you and other users for violating these ToS.
(2) Our Right to Terminate Users
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.
(1) Google Play and Apple App Store:
These ToS are between you and DOMOAI PTE.LTD., Inc. and not with the Google Play Store or Apple App Store（collectively referred as” Third Party App Store”）. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions of the Third Party App Store are less restrictive than, or otherwise conflict with, these ToS, the more restrictive term will apply.
(2) In-App Purchase Terms:
We may offer certain enhanced features of the Services which you can purchase as a monthly, or yearly subscription. You can review a description of our enhanced features when you want to make a subscription. We accept major credit, certain debit cards and/or such other payment methods we make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount.
If you are under the age of 18 or other age of legal majority in accordance with the applicable regulation in the country of your nationality, then you must acquire permission from your parents’ or other guardians in order to make the purchase. By completing the purchase, you are informing us that you have gained all legally necessary permission to allow you to proceed with your purchase.
When you purchase a Subscription, our payment processing partners may ask you to provide certain personal information relevant to your transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery. Such information will be collected and processed by the payment partners in accordance with applicable international, national, and local laws and regulations.They may also communicate directly with you regarding any issues with a payment.
If any In-App Purchase is not successfully completed or does not work once you have completed the payment following the instructions, we will , after becoming aware of the fault, or being notified of the fault by you, investigate the fault . We will resolve your concern related to In-App Purchase within a reasonable period of time without any further charge.
This TOS will in all respects be governed by and construed and enforced in accordance with the laws of Singapore (without giving effect to any choice or conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
Please Read This Following Clause Carefully. It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(1) Initial Dispute Resolution
We are available by email at the address provided in the “How to Contact Us” Section to address any concerns a user may have regarding the Service. Most concerns may be quickly resolved in this manner. For any dispute you have with the Company, you agree to first contact us and attempt to resolve the dispute with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration.
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section “Initial Dispute Resolution” above, then either party may initiate binding arbitration.
All claims arising out of or relating to these ToS (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these ToS, including, but not limited to, any claim that all or any part of these ToS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
(3) Class Action and Class Arbitration Waiver.
You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section “Agreement to Binding Arbitration Above” shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(4) Exception - Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(5) 30 Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Arbitration Agreement” by sending written notice of your decision to opt-out to the address provided in the “How to Contact Us” Section.
The notice must be sent by you within thirty (30) days of your downloading of the App, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
To the extent that the arbitration provisions set forth in above do not apply, the parties agree that any litigation between them shall be filed exclusively in courts located in Singapore . The parties expressly consent to exclusive jurisdiction in Singapore for any litigation other than small claims court actions.
This ToS constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations, and communications.
The Company may assign this TOS or any of the rights or obligations hereunder and any causes of action arising hereunder to any third party without necessity or obligation of notice to users.
The waiver or failure of either party to exercise in any respect any right or provision of these ToS will not be deemed a waiver of the applicable right or provision.
These ToS will operate to the fullest extent permissible by law. If any provision or part of a provision of these ToS is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
The Company will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control including, without limitation, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood, or accidents.
Nothing in these ToS shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
If you have any questions about these ToS, please contact us at support@domoai.app.
