Terms of Use

Introduction

Access to and use our website and the relevant mobile application (the "Platform") is provided by Arbor Technologies Limited ("Company," "we," or "us"). In addition to the online information and communication service, we also offer a wide range of services, including paid and non/paid subscriptions, through the Platform. These terms and conditions relate to the use of the Platform and/or participation in the activities, as applicable.

Use of the Platform

By using the Platform, you agree to be bound by these terms and conditions, which become effective upon your first access to the Platform. If you do not agree with these terms and conditions, you should refrain from accessing, using, or participating in any services and/or activities provided within the Platform.

We reserve the right to change these terms and conditions and/or any features of the Platform at our sole discretion from time to time. Such changes become effective upon publication of the updated terms and conditions on the Platform without any notification to you. You should periodically review these terms and conditions to stay informed about updates and amendments. Your continued usage of the Platform constitutes conclusive acceptance of the updated and amended terms and conditions. If you do not agree to any of these terms and conditions and/or any amendments, you should discontinue using the Platform.

You also agree to be bound by the Platform's Privacy Policy, as amended by us from time to time. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.

You agree to use the Platform only for legitimate purposes and not to infringe on anyone else's rights when using the Platform.

Intellectual Property

You retain intellectual property rights over any content you make available and present on the Platform ("Content").

By making any Content (including text, photographs, graphics, video, or audio) available on the Platform, you automatically grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, and sub-licensable license to use your Content in any way we deem appropriate (including modifying and adapting it for operational and editorial reasons). In certain circumstances, we may also share your Content with trusted third parties. If you do not wish to grant us the license set out above, please do not submit or share your Content with the Platform.

For the purposes outlined above, you represent and warrant that: (1) you are the owner of your Content and have the right to make it available on the Platform and grant the aforementioned license; (2) your Content is original and does not infringe any laws, regulations, or third-party rights (including intellectual property rights); (3) your Content is not disruptive, offensive, harassing, abusive, obscene, profane, libelous, defamatory, racist, sexually oriented, spam, or otherwise unlawful; and (4) if anyone identifiable appears in your Content, you have obtained their consent or the consent of their lawful guardians before making the Content available on the Platform. You are solely responsible for your Content, and we shall not be responsible or liable for any damages you incur or allegedly incur in connection with your Content.

All copyrights, trademarks, logos, service marks, design rights, domain names, patents, and other intellectual property rights (registered and unregistered) and all content on the Platform ("Company Work") remain the sole property of us. You agree not to use, edit, copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, translate, adapt, alter, create derivative works from, make available to the public, or otherwise use Company Work without our prior written consent.

Any and all trademarks, logos, service marks, and other marks of third parties, as well as any products and services of third parties advertised or presented on the Platform ("Third Party Work"), remain the sole property of the relevant third parties. You agree not to use, edit, copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, translate, adapt, alter, create derivative works from, make available to the public, or otherwise use Third Party Work without the prior written consent of the relevant third parties.

Your Account

To participate and contribute to selected services available on the Platform, you may need to register with the Platform. Any personal information you provide as part of the registration process or any other interaction with the Platform will be collected, stored, and used in accordance with the Platform’s Privacy Policy. You must not choose an impersonating or inappropriate username, or a username that we, at our sole discretion, find offensive. You are solely responsible for maintaining the confidentiality of your account, password, and any personal information.

Login ID and Password of the Users

You may change the Password at any time but any change shall be effective only if accepted by the Company.

Each Login ID and Password shall herein be referred to as an "Identifier" and collectively "Identifiers".

You agree to take appropriate measures to keep your Identifiers confidential and secure to prevent accidental or unauthorized use. To the extent that you fail to do so, you shall be fully responsible for any accidental or unauthorized disclosure of any Identifier to any other person and shall bear risks of any Identifier being used by unauthorized persons or for unauthorized purposes.

Upon notice or suspicion of any Identifier being disclosed to any unauthorized person or any unauthorized use of the e-Services, you shall notify the Company in person as soon as practicable or by telephone at such telephone number(s) as the Company may from time to time prescribe (and the Company may ask you to confirm in writing any details given) and, until the Company's actual receipt of such notification, you shall remain responsible for any and all use of the e-Services by unauthorized persons or for unauthorized purposes.

We reserve the right to suspend or terminate your account if we, at our sole discretion, determine that you have breached any of these terms and conditions or violated any applicable laws or regulations in connection with your account.

Restrictions, Representations, Warranties, and Undertaking

By using the Platform, you hereby represent, warrant and undertake:

• Not to use this website in any manner which breaches applicable law
• Not to copy this website except where such copying is incidental to normal use of this website
• Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify this website
• Not to make alterations to, or modifications of, the whole or any part of this website, or permit this website or any part of it to be combined with, or become incorporated in, any other programs
• Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of this website
• Not to provide or otherwise make available
• Not to provide or otherwise make available this website in whole or in part (including object and source code), in any form to any person without prior written consent from the Company
• Not to use this website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into this website or any operating system
• Not to infringe our intellectual property rights or those of any third party in relation to your use of this website
• Not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of this website;
• Not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of this website or any operating system; and
• Not to use this website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users

Disclaimer of Warranties; Limitation of Liability

We provide the service on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no implied or express representations regarding accessibility, accuracy, correctness, quality, fitness for a particular purpose, reliability, usefulness, timeliness, non-infringement, compatibility, security, or otherwise. We do not purport to provide professional or expert advice.

Any Content, statements, information, opinions, comments, suggestions, and/or materials available on the Platform should be viewed and relied upon with care and discretion at your own risk. In particular, give the probabilistic nature of artificial intelligence and machine learning, use of our Services may in some situations result in incorrect information summaries that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any information summary as appropriate for your use case, including by using human review of the information summary. We are not responsible for any loss or liability you may incur as a result of or in connection with your use, view, and access to the Platform, or your failure to do so.

We are not liable for any failure or delay in providing services due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, strikes, labor disputes, governmental actions, war, terrorism, riots, civil disturbances, sabotage, epidemics, pandemics, or any other similar events.

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of profits, business interruption, or loss of data, arising out of or in connection with the Platform, whether based on contract, tort, or any other legal theory, even if advised of the possibility of such damages.

The Platform may contain links to third-party websites. We are not responsible for the availability of these external websites or for endorsing any third-party websites accessible through the Platform. You use these third-party websites at your own risk and should direct any concerns about them to the relevant administrators.

Security

You must not hack into, interfere with, disrupt, disable, or otherwise impair the proper function of the Platform, including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing, and session hacking.

Indemnity

You agree to indemnify us, our employees, officers, agents, contractors, readers, and users, and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including legal costs), and liabilities that may be suffered or brought against us or the Platform as a result of or in connection with (i) your use and access to the Platform and services provided on the Platform; (ii) your breach or alleged breach of any of these terms and conditions; (iii) your violation of any applicable laws or regulations; (iv) your violation or infringement of the rights of any third parties; (v) your wilful misconduct; and/or (vi) any of the above actions carried out by a third party using your account.

General

We reserve the right to sublicense, subcontract, assign, or transfer any of our rights and obligations hereunder to any third party at our sole discretion.

The failure or delay of us exercising or enforcing any rights under these terms and conditions does not waive our right to enforce that right.

If any term or provision hereof is not applicable or is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall be deemed, to the extent permissible, not to form part of these terms and conditions. However, the validity and enforceability of the remainder of these terms and conditions shall not be affected.

You and we expressly agree and acknowledge that these terms and conditions are not enforceable by, and do not confer any right on, any person, entity, or third party who is not a party to these terms and conditions.

These terms shall be governed by and interpreted in accordance with the laws of Hong Kong. You agree that any actions arising hereunder shall be submitted to the non-exclusive jurisdiction of the courts of Hong Kong.

Changes to These Terms and Conditions

The contents of this Terms and Conditions may be amended from time to time. Please approach the Company and/or visit the Company's Website regularly for the Company's latest privacy policy.

Contact Details

Any enquiry regarding requests for access to data or correction of data or for information about policies and practices and kinds of data, please write to us at Arbor Technologies Limited, (info@arborchat.ai).