By using our services, you agree to comply with the following terms and conditions.
The Applicant agrees to use the Services approved by the Company pursuant to the details of the Services as prescribed by the Company. In using the Services, the Applicant agrees to be bound by and comply with the following terms and conditions (“Terms and Conditions”). By using the Services, you agree to these Terms and Conditions.
3. The Applicant shall have the ownership and own all Intellectual Property Rights, where applicable, of the Input and the Applicant perpetually grants, on a royalty-free basis, the Company the right to use such Input and the Intellectual Property Rights relating thereto for the purpose of providing the Services, developing and training the Company’s artificial intelligence models and/or any other purposes as the Company deems appropriate to the extent that it is permitted by laws.
The Company shall have the ownership and own all Intellectual Property Rights, where applicable, of the Portal, the Services, software, Models, the Datasets, the publications, the Output and data retaining within the Services. The Applicant’s use of the Services shall not be construed as constituting any transfer of the Company’s ownership or Intellectual Property Rights, whether in whole or in part, to the Applicant. The Applicant may not use, modify or distribute the Output, whether in whole or in part, for commercial purposes, without the Company’s prior written consent.
4. The Applicant shall not transfer or assign its rights, duties and/or obligations (including assigning API tokens granted to the Applicant by the Company), whether in whole or in part, under these Terms and Conditions to other persons without prior written consent from the Company. Even though the Company has given such consent, the Applicant shall remain liable to the Company in accordance with these Terms and Conditions in all respects.
5. The Company shall have the right to temporarily suspend the Services, whether in whole or in part, for the enhancement or development of the Services as the Company deems appropriate, pursuant to the period as prescribed by the Company, or shall have the right to change any function of the Services at any time. The Company may change these Terms and Conditions accordingly from time to time and such new Terms and Condition shall be deemed effective upon publication on the website of the Company namely scb10x.com or other URL as may be updated from time to time.
6. Except as specified in Clause 5, the Company, at all times and at its sole discretion, shall have the right to suspend or terminate the Services, whether in whole or in part, at any time by giving not less than 30 days prior notice to the Applicant. Except where any of the following events occur, the Company shall have the right to suspend or terminate the Services, whether in whole or in part, immediately without prior written notice to the Applicant:
7. The suspension or the termination of the Services shall not affect any rights and liabilities pursuant to the use of the Services which have been come into force and shall continue binding the Applicant and the Company until they are completely performed.
8. The Applicant acknowledges and agrees that (i) the Services provided by the Company to the Applicant under these Term and Conditions shall be provided under “as-is” condition and “as-available” basis; (ii) the Company makes no representation or warranty, whether express or implied, concerning the quality, completeness, reliability, accuracy or suitability of the Content, merchantability, fitness for particular purpose, satisfactory quality, non-infringement, errorfree, or free of viruses or other harmful components and concerning the availability or operability of the Portal and/or the Services at any time; (iii) the Company shall have no obligation to review, correct or update any Content; and (iv) the Company shall have no liability to the Applicant with respect to the quality, completeness, reliability, accuracy or suitability of any Content.
9. The Company shall not be liable to the Applicant for any losses or damages arising out of or relating to the Applicant’s use of the Services and/or the Output for whatever reason, including in the event of Force Majeure. In no event the Company shall be liable for indirect, punitive and consequential damages, and/or any losses from the Applicant’s use of the Services and/or the Output in any respect.
If there is any damage incurred by the Applicant to the Company from the Applicant’s use of the Services, the Applicant shall be liable and compensate for all damages incurred to the Company, including but not limited to the amount of money which the Company has paid and/or has been claimed from any third party, any fees or expenses relating to the legal proceedings and/or any costs, expenses or interests related thereto. If there is any dispute between the Applicant and any third party, the Applicant shall be responsible for the negotiation or dispute resolution and if the damage or error occurs, the Applicant shall not claim for such damage or error from the Company.
10. For the use of the Services, the Company will collect, use and disclose the Applicant’s personal data and/or any other person’s personal data provided by the Applicant to the Company for the purpose of providing the Services in accordance with these Terms and Conditions and any other purposes as prescribed in the Company’s Privacy Notice. To understand how the Company collects, uses and discloses personal data and the data owner’s rights in accordance with the Personal Data Protection Law, the Applicant may further read such Privacy Notice as announced by the Company on the Company’s website, namely scb10x.com and/or any other channels prescribed by the Company or to be further changed and notified to the Applicant by announcing on such website and/or any other channels prescribed by the Company. In addition, in the event that the Applicant has given any personal data of any other person, the Applicant shall notify such person of the details relating to the collection, use and disclosure of personal data and rights under such Privacy Notice.
11. Any notices, documents, or data submitted or delivered by the Company to the Applicant to the E-mail address as specified by the Applicant or as informed of such changes by the Applicant to the Company, shall be deemed duly receipt by the Applicant and it shall be deemed that the Applicant shall have been duly acknowledged the content contained therein.
12. If at any time any term(s) of these Terms and Conditions or any document(s) referred by these Terms and Conditions are or become illegal, invalid or unenforceable in any way, the remaining terms, as the case may be, shall still be legal, complete and enforceable under the laws and shall not invalidated by the illegality, invalidity or unenforceability of the said terms or documents.
13. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Thailand and the court of Thailand shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms and Conditions.