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; ¡°Third-Party Service
Provider¡± is a real property developer, real property agent, condominium
corporation/association, property manager, or any other entity, natural or
juridical, that provides services to the Customer through the platform provided
by the Company; ¡°Other Third-Party Service Provider¡± is an online service
provider that does not use the platform of the Company; ¡°Merchant¡± is a natural
or juridical person that sells various products and services online or
otherwise that do not use the platform of the Company; ¡°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; ¡°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 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 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 uploaded. By continuing to access, download, copy, install, update,
upgrade, and/or use the Software, 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 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 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 also does not authorize the Customer to use the Software for any
illegal purpose and for any purpose other than that which it is intended. The Company reserves the right to
terminate, revoke or deny any Customer from accessing, downloading, copying,
installing, registering, updating, upgrading, and/or using the Software for
breach of this Agreement, abuse, misuse, or for similar grounds.
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 the 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 OS 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. The registration may also include
encoding verification code sent by the Company to the Customer through short
messaging text. 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. The Customer
shall be responsible for ensuring that all data given are accurate, complete, and
up-to-date.
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, including but not limited to user image information. In addition, 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, including processing and storage of user image information. 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 unequivocally 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 unequivocally 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, merchantability,
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 the use or the result of the
use of the content in terms of accuracy, reliability, or otherwise.
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. The Company shall not be
liable for breach of Data Privacy committed by a Third-Party Service Provider
or its directors, officers, employees, or agents with respect to Data shared, collected, processed, and kept with the
Company or those separately collected,
processed, and kept by it.
Indemnity
The
Customer shall indemnify, defend and hold harmless the 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 affect the remaining provision of this
Agreement, which shall remain valid, binding, and enforceable to the full force
of the law.
Waiver
Except
as provided herein, the failure to exercise a right or require performance of
an obligation under this Agreement shall not affect 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.