End User License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.

This End User License Agreement (the “Agreement”) is a legal agreement between the Customer and One Secai Solutions Corporation and it governs the use of this Software.

Definition of Terms

As used in the Agreement, the term “Company” refers to One Secai Solutions Corporation as the creator, developer, owner, and licensor of the software; “Customer” is a natural or juridical person with legal capacity who accesses, downloads, copies, installs, and/or uses this software; “Software” is this application, including, but not limited to, any images, photographs, graphics, animation, video, audio, music, text and applets, user interfaces, scripts, and services that are incorporated into it or associated with it, and its updates, upgrades, enhancements, modifications, revisions, or additions made available to Customer by the Company; “Third-Party Service Provider” is a real property developer, real property agent, condominium corporation/association, property manager, or any other entity, natural or juridical, who or which provides services to the Customer through the platform provided by the Company; “Other Third-Party Service Provider” is an online service provider that do not use the platform of the Company; “Mechant” is a natural or juridical person that sells various products and services online or otherwise that do not use the platform of the Company; “Data” are personal information provided for by the Customer in the course of accessing, downloading, copying, installing, and/or using the Software and/or those created, collected, recorded, aggregated, and/or processed by the operation of the Software or either by the Company, Customer, or Third Party Service provider; and “Mobile Device” refers to cellular mobile phones, tablets, and similar devices.

Acceptance of the Agreement

By clicking on the "I Accept" option while accessing, downloading, copying, installing, and/or or using the Software and continuing to use it after accessing, downloading, copying, and installing it, the Customer agrees expressly and unequivocally to all the Terms and Conditions of this Agreement. If the Customer does not agree to any of the Terms and Conditions of this Agreement, the Customer must immediately click on the "I Do Not Accept" option, cancel the download or installation, and/or destroy or return the Software to the Company and if he/she/it had already accessed, downloaded, copied, installed, and/or used, the Customer must immediately stop accessing, downloading, copying, installing, updating, upgrading, and/or or using the Software, uninstall it from the Mobile Device, and delete all associated files.

Amendments to the Agreement

The Company may add to, change, or remove any part, term, or condition of this Agreement without prior notice or liability to the Customer. Any such addition, change, or removal shall be posted at http://jeeves.onesecai.com/Jeeves_Privacy_Policy.html or uploaded to the Mobile Device where the Software is installed and shall apply as soon as they are posted or uploaded. By continuing to access, download, copy, install, update, upgrade, and/or use the Software after the posting or uploading, the Customer is deemed to have assented to and/or accepted the revised Agreement. If the Customer does not assent to and/or accept the revised Agreement, he/she/it shall immediately stop accessing, downloading, copying, installing, updating, upgrading, and/or or using the Software, uninstall it from the Mobile Device, and delete all associated files.

The Software

The Software is an application for Mobile Devices that allows a Customer to access, avail, and/or make use of the online services provided and offered by the Company and Third-Party Service Providers.  It may also show, display, include, or make available the content (including data, information, applications, advertisements and promotional materials, pop ups, and other products and services) of the Company, Third-Party Service Providers, Other Third-Party Service Providers, and Merchants, or provide links to their websites and services.

Connectivity

The acts of accessing, downloading, copying, installing, registering, updating, upgrading, and/or or using the Software may require internet connection, which shall be secured by the Customer at his/her/its own expenses.

License to Use

The Company hereby grants to the Customer a free but revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Software in machine readable form only; to access, make use, or avail of the services associated with the use and operation thereof or provided or offered by the Company and the Third-Party Service Providers; and to view, see, or look any content (including data, information, applications, advertisements and promotional materials, pop ups, and other products and services) displayed, showed, or made available.

Limitations

The License to Use does not authorize the Customer to duplicate, reproduce, translate, create derivative works of, change, reverse engineer, disassemble, or decompile the Software by any means.  It does also authorize the Customer to use the Software for any illegal purpose and for any purpose other than that which it is intended.

Copyrights and Trademarks

The Software and all copyrights, patents, trademarks, trade secrets, and other intellectual and proprietary property rights associated with the Software are and shall remain the property of Company.  The source and object code of the Software and its format, directories, queries, algorithms, structure, and organization are the intellectual property and proprietary and confidential information of Company.  The Customer is not granted any intellectual property rights in or to the Software by implication, estoppel, or other legal principle, and all rights in and to the Software expressly granted are hereby reserved and retained by Company.

Installation

Using a Mobile Device, the Customer may download or copy the Software from Google Play (for Android mobile devices) or apple App Store (for Apple devices) and install it on such device.  The Mobile Device must be properly configured to allow the installation of the Software.  For Android devices, it must have 6.0 version of the Android or higher and for Apple devices, it must have IOS 9.0 or higher.  The compatibility of the devices in relation to the Software shall be the responsibility of the Customer.

Registration

Upon the installation of the Software on the Mobile Device, the Customer has to register with the Company by providing certain personal information, including but not limited to, his/her/its name, address, and mobile cellular phone number to activate the Software and for identification and verification purposes.  Should the Customer choose to refuse to provide any such information, he/she/it may not be able to make use of the Software.  In addition, the Third-Party Service Providers may require the Customer to provide additional personal information to access its services.  Should the Customer choose to refuse to provide any such information to any Third-Party Service Provider, he/she/it may likewise not be able to access, avail, and/or make use of the online services provided and offered by that Third-Party Service Provider.

Data Privacy

In using the Software and in accessing, availing, and/or making use of the online services provided and offered by the Company and Third-Party Service Providers, the Customer may have to provide Data about his personal circumstances, and in the course thereby, the Company and the Third-Party Service Providers may also be able to create, collect, and/or record Data about the Customer’s behavior and usage.  All such Data will be processed and kept by the Company and shared by the Company and the Third-Party Service Provider.  The Company will retain the Data about the Customer as long as the Customer uses the Software and as long as he/she/it accesses, avails, and/or makes use of the online services provided and offered by the Company and Third-Party Service Providers.  The Company shall keep the Data strictly confidential and shall not divulge and share them to other parties except to the Third-Party Service Providers but to the extent that the Customer specifically shared the Data with the Third-Party Service Provider and necessary for the Customer to access, avail, and/or use of the online services provided and offered by the Third-Party Service Provider.

Consent to Process Data

By installing, registering, and using the Software, the Customer expressly and unequivocably consents to the collection, processing, and keeping of the Data shared by the Customer to the Company and to the Third-Party Service Providers which are necessary to use the Software and to access, avail, and/or make use of the online services provided and offered by them.  The Customer further expressly and unequivocably allows the Company to track, collect, and aggregate Data from the Customer’s behavior and usage of the Software, including technical data and all related information, which shall be kept anonymous at all times, and to use all Data so collected, processed, kept, tracked, and aggregated, as long as it is in a form that does not personally identify the Customer, to improve the Software and the Company’s other products and services and/or to provide additional services, technologies, and contents (including data, information, applications, advertisements and promotional materials, and other products and services of all third-party service providers and merchants) to the Customer.

Third-Party Services

The Company shall not be responsible for the online services provided and offered by and all showed, displayed, or made available contents (including data, information, applications, advertisements and promotional materials, and other products and services) belonging to the Third-Party Service Provider, Other Third-Party Service Providers, and Merchants, including their accuracy, completeness, timeliness, validity, security, copyright compliance, legality, decency, quality or any other aspect thereof.  Except for providing access and avenue for presentation, the Company has no participation, direct or indirect, in the preparation and delivery of said services and content, and it does not investigate, monitor, represent, or endorse the same.  Any rights, obligations, agreements, and contracts created and established by or which resulted from the Customer’s acts of accessing, availing, and/or making use of the online services provided and offered by and his/her/its act of viewing the content of the Third-Party Service Provider, Other Third-Party Service Providers, and Merchants, shall be valid and binding, if such be the case, but only as between the Customer and the service provider or merchant concerned.  Any disputes relating to such rights, obligations, agreements, and contracts shall be only between the customer and the service provider or merchant concerned and the Company should be excluded therefrom.

No Warranties

The Software is provided to the Customer "AS IS" and "AS AVAILABLE".  The Company makes no representations or warranties of any kind concerning the services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, or non-infringement.  It does not warrant that the functions, operation, or content of the Software will be uninterrupted or error-free, that defects will be corrected, or that its servers are free of viruses or other harmful components.   It does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.

Limitation of Liability

Except to the extent required by applicable laws and then only to that extent, in no event will the Company, its employees, officers, directors, affiliates, or agents be liable to the Customer on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, to loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by the Customer that arise in connection with the use of the Software.  It shall not be responsible or liable whatsoever in any manner for any cause arising from or in connection with the dealing of the Customer with a Third-Party Service Provider, Other Third-Party Service Provider, and Merchants.

Indemnity

The Customer shall indemnify, defend and hold harmless Company, its employees, officers, directors, affiliates, or agents from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the accessing, downloading, copying, installing, registering, updating, upgrading, and/or or using the Software; the accessing, availment, and/or making use of the online services provided and offered by the Company and Third-Party Service Providers; the showing, displaying, making available the content (including data, information, applications, advertisements and promotional materials, pop ups, and other products and services) of the Company, Third-Party Service Providers, Other Third-Party Service Providers, and Merchants, and their links to their websites and services; and the creation or establishment of any rights, obligations, agreements, and contracts between the Customer and the Third-Party Service Provider, Other Third-Party Service Provider, and Merchants.

Compatibility

Company does not warrant that the Software will be compatible or interoperable with the Mobile Device of the Customer or any other piece of hardware, software, equipment, or device installed on or used in connection with the Customer’s Mobile Device

Governing Law

This Agreement shall be governed by the laws of the Republic of the Philippines and any action arising from or in relation to this Software shall be commenced in the proper court of Mandaluyong City to the exclusion of all other courts.

Severability

If any portion, item, proviso, or provision of this Agreement is held to be invalid or unenforceable shall not be affect the remaining provision of this Agreement, which shall remain valid, binding,  and enforceable to the full of the by law.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.