Terms and Conditions

Smile Technology Pte Ltd. Singapore(“Smile” “Smile API,” “we,” “us,” or “our”) Terms of Use reflects the way Smile works, the laws that apply to our company, and the use and access of the Platform. By accessing the Platform and/or using the Services, you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Singapore or country where the Platform has given jurisdiction.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Smile Technology Pte Ltd. Singapore.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Platform refers to a comprehensive information technology service site developed and provided by the company for you to use.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Smile Network, accessible from https://www.getsmileapi.com or https://www.smileapi.io
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Eligibility

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Users with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or the Services, or to any other protected information, through any means not intentionally made available by use for your specific use.

The products and services are available only to individuals aged 18 years old and above.

Use of Platform and/or Services

You agree to comply with any and all guidelines, notices, operating rules and policies, and instructions related to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. Supplemental documents, instruments or terms and conditions that may be posted on the Platform from time to time are deemed expressly incorporated herein by reference. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and for any reason and you are deemed to have been made aware of and bound by any changes to the foregoing upon their publication on the Platform.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Use and Restrictions

You may use the Services for personal use only.Use of the Platform and/or Services is limited to authorized Users that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Users who have breached or are in breach of the terms and conditions contained herein and

You agree:

1. to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith;
2. not to access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
3. not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
4. not access or use the Services to collect any market research for a competing business; and
5. to ensure that all registration information you submit is true, accurate, current, and complete, and to maintain the accuracy of such information and promptly update such registration information as necessary.If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform or any portion thereof.

No Warranties; Limitation of Liability

While we endeavor to provide an accurate description of the Products, we do not warrant that any such description is accurate, current, or free from error.Any risk of misunderstanding, error, damage, expense, or Losses resulting from the use of the Platform or the Services is entirely at your own risk and we shall not be liable therefore.

Unless specifically provided otherwise in this Terms and to the extent permitted by applicable law in no event shall: (a) either Party be liable for any special, incidental, indirect or consequential damages, or for any lost revenue, profits or business arising out of or in connection with this Terms (including any breach hereof) or the transactions contemplated hereby, even if either party has been advised of the possibility of such damages by the other party; (b) Company’s aggregate liability arising out of or relating to this Terms in the event of purchase of the Company’s Services shall be limited to the amount actually paid by You through the Service or One Hundred Dollars (US$100.00).

Accordingly, all data and/or information contained in the Platform, or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, or the Services. Without prejudice to the generality of the foregoing, we do not warrant:

1. the accuracy, timeliness, adequacy, commercial value, or completeness of all data and/or information contained in the Platform or the Services;
2. that the Platform or the Services, will be provided uninterrupted, secure, or free from errors or omissions, or that any identified defect will be corrected;
3. that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
4. the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees, or agents to third parties purporting to be you or purporting to act under your authority.
5. data transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic, or incorrect data transmission due to the public nature of the Internet.

The exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply thus, each party's liability will be limited to the greatest extent permitted by law of the country.

User Representation and Warranties

By using the Platform or the Services, you warrant:

1. all information supplied by the Merchant in relation to this Agreement is true, complete and accurate in every respect and includes without limitation in full ownership by you;
2. to provide such information for the purpose of collecting and using Your Data as described in this Terms;
3. to permit third parties, including the Company and its Clients, to electronically access, retrieve and distribute your information for any legal purpose within the scope of this Terms.
4. grant us a worldwide, royalty-free right and license to access and use Your Data solely to provide you with the Services and as otherwise expressly provided in this Terms.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, employees, licensees, licensors, and assigns from and against any loss, damage, liability, claim, or demand, including without limitation, reasonable legal and accounting fees, made by any third party due to or arising out of:

1. your Contributions;
2. use of the Platform;
3. breach of these Terms of Use;
4. any breach of your representations and warranties set forth in these Terms of Use;
5. your violation of the rights of a third party, including but not limited to intellectual property rights;
6. your gross negligence, willful misconduct, or fraud; or
7. any overt harmful act toward any other user of the Platform with whom you connected via the Platform.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Intellectual Property Rights

Unless otherwise indicated, the Platform is our proprietary property and all Content on the Platform and the Trademarks contained therein are owned, licensed to, or controlled by us, and are protected by copyright and trademark laws and various other intellectual property laws and unfair competition laws of the Singapore and United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior express written permission.

Unless otherwise with Company’s permission or consent, no part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system, or equipment.

The Company Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a hyperlink to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

Copyright infringements: We respect the intellectual property rights of others, please immediately notify us at info -at- getsmileapi.com if you believe that any material available on or through the Platform infringes upon any copyright you own or control. Please be advised that pursuant to law, you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should first consider seeking a legal advise.

Notifications and Service

You may reach us through our email: info -at- getsmileapi.com. The company reserves the right to decide to notify you in any available mode of communications. If the company sends you notifications in various ways, the delivery time of the notification shall be based on the first delivery.

Modification and Termination

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice and have no obligation to update any information on our Platform. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

We may also terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Governing Law

This Terms shall be interpreted and construed in accordance with the laws of the Country, without regard to its conflict of law provisions.

Disputes Resolution

You agree to first resolve any disputes or disputes arising from or related to the conclusion, validity, performance, termination and interpretation of this Terms through friendly negotiation by notifying the Company between you and the Company, only to the exclusion of third party.

However, if the negotiation fails, Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by in accordance with the Arbitration Rules of the Country which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English.

Waiver

No waiver of any provision of this Terms shall be effective. No failure or delay by the Company in exercising any right, power or remedy under this Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by the Company of any breach by You or any third party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. The rights and remedies in this Terms are cumulative and not exclusive of any rights and remedies provided by the applicable laws, rules and regulations.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Changes to These Terms and Conditions

We may update these Terms and Conditions from time to time. Any changes we make to these Terms in the future will be posted on this page and notified to you, whereupon your consent to said changes, continued use of the Services or access to the Platform. Please check back frequently to see any updates or changes to these Terms and Conditions.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: info -at- getsmileapi.com