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Terms of Service

I.

Introduction

Your use of the Salina Application (the “Application") provided by Rythmos DB Pte. Ltd. ("the Owner") and the services provided constitute your agreement to be bound by these Terms of Use.

By accessing and placing an order with the Application, you confirm that you agree with and are bound by the terms of service outlined in the Terms & Conditions below. These terms apply to the entire website and any email or other type of communication between you and the Application.

Under no circumstances shall the Owner be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to, loss of data or profit, arising out of the use or inability to use the materials on this site, even if the Owner or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.

The Application and the Owner shall not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise the resources usage policy at any time.

II.

Definitions

III.

License

The Application provides the with a revocable, non-exclusive, non-transferable, limited license to download, install, and use the app, as outlined in this Terms of Service.

This establishes a legal agreement between the Owner and the User. This agreement governs your use of the Applications and the associated Services.

By accessing and using the Application, you agree to comply with these Terms of Service. If you disagree with any part of these terms, you should not use the Application,

In the event of any violation of these Terms & Conditions, the Owner reserves the right to suspend or terminate your account and block access without notice.

IV.

Application Eligibility Statement

Eligibility

The Application is intended for users who are at least thirteen (13) years of age. By accessing or using the Application, you confirm that you meet this age requirement.

Registration Information

Users must provide accurate and complete registration information when you sign-up for an account. This information is essential for maintaining the integrity and security of the Application. You agree to:

1.Accuracy: Ensure that all information provided during the registration is truthful, accurate, and up-to-date.
2. Updates: Promptly update any changes to your registration information to keep it current and accurate.

Account Security

Maintaining the security of your account is your responsibility. Users agree to:

1. Password Protection: Keep your account password confidential and do not share it with others:
2. Unauthorized Access: Notify the Application provider immediately if you suspect any unauthorized access or use of your account.
3. Account Activity: You are responsible for all activities that occur under your account.

By registering and using the Application, you acknowledge and accept these requirements and responsibilities.

V.    Acceptable Use Policy

Respect and Conduct

Users are expected to respect others and adhere to the following guidelines:

  1. Prohibited Content: Users must refrain from uploading or sharing any content that is illegal, offensive, harmful or otherwise inappropriate. This includes but is not limited to:
    • Hate speech or discriminatory content. 
    • Pornographic or sexually explicit material. 
    • Harassment, bullying, or abusive behavior. 
    • Content that infringes on the rights of others, including intellectual property rights. 
  1. Impersonation: Users must not impersonate any person or entity. 
  2. Automated Use: The use of automated systems or software to access, interact with, or manipulate the Application is strictly prohibited. 

Security and Integrity

To maintain the security and integrity of the Application:

  1. Unauthorized Use: Unauthorized use of the Application is prohibited. This includes but is not limited to: 
    • Decompiling, reverse engineering, or disassembling the Application. 
    • Renting, leasing, loaning, selling, sublicensing, or creating derivative works from the Application or its Content. 
  2. Account Suspension: The Owner reserves the right to suspend or terminate accounts that violate these terms. This includes actions that compromise the security, integrity, or functionality of the Application. 

By using this Application, you agree to adhere to these guidelines. Failure to comply may result in suspension or termination of your account and access to the Application.

VI.    Privacy and Data Protection

The Owner is committed to protecting User privacy in compliance with global data protection laws. The Privacy Policy provides detailed information on how your data is collected, used, and protected. However, while we strive to use commercially acceptable means to protect your data, absolute security cannot be guaranteed. 

Commitment to Privacy

  1. Compliance: The Owner adheres to international standards and regulations regarding data protections, including but not limited to GDPR, CCPA, and other relevant laws. 
  2. Transparency: Detailed information on data collection, usage, and protection measure can be found in the Privacy Policy. 

Data Security

  1. Security Measures: We implement robust security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. These measure include encryption, firewalls, and secure socket layer technology. 
  2. Limitations: Despite our efforts to protect your data, we cannot guarantee its absolute security due to the inherent risks associated with data transmission over the internet and electronic storage systems. 

By using this Application, you acknowledge and accept the practices described in the Privacy Policy and the inherent risks associated with data security.

VII.   Intellectual Property

1. Ownership of Salina IP

The Salina Application, including all related software, algorithms, databases, user interfaces, content, and branding elements, are the exclusive property of Rythmos DB Pte. Ltd. (the “Owner”) or its licensors. All copyrights, trademarks, patents, and other intellectual property rights in the Salina Application are reserved by the Owner.

2. User Content

Users retain ownership of any content they create and upload to the Salina Application. However, by using the Application, Users grant the Owner a perpetual, irrevocable, non-exclusive, worldwide license to store, process, reproduce, distribute, and display that User content within the Salina Service. This license is necessary for the Owner to provide and improve the Application.

3. Restrictions on Use

Users are prohibited:

  • Reverse-engineering, decompiling, or attempting to access the source code of the Application. 
  • Copying, modifying, or creating derivative works based on the Application. 
  • Remove, alter, or obscure any copyright or other proprietary notices from the Application, or its affiliates, partners, suppliers, or licensors. 
  • Using the Application for any unlawful purpose or in any way that could harm the Application or its users.
  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the app or make the platform available to any third party.

4. Generated Content

Any original content, insights, or other works generated by the Salina Application based on User inputs are the exclusive property of the Owner. Users acquire no rights in such generated content beyond the right to use the Application.

5. Data Usage

The Owner may use anonymized User data to train and improve the AI models powering the Salina Application. However, the Owner will comply with all applicable data protection laws in the collection, processing, and use of User information.

6. Feedback

Any suggestions or ideas provided by Users for improving the Salina Application (“Feedback”) will be deemed non-confidential. The Owner acquires a perpetual, irrevocable right to use, profit from, disclose, and exploit such Feedback without any compensation or credit to the User.

7. Compliance with Laws

The Owner will ensure the Salina Application and these Intellectual Property terms comply with all relevant copyright, patent, trademark, and trade secret laws in the jurisdictions where the Application is made available.

8. Third-Party Components

The Application may include third-party components that are subject to open source or third-party licenses. Users agree to comply with all such license terms.

9. Trademark Use

Users are not permitted to user the Owner’s trademarks, logos, or service mark without prior written consent. Any permitted use must comply with the Owner’s guidelines and policies.

10. Termination of Rights

The Owner reserves the right to terminate or suspend access to the Application of Users who violate these Intellectual Property terms.

VIII. Service Availability and Functionality

The Owner strives to provide reliable and consistent service to its Users. However, there are inherent limitations and factors that can affect service availability and functionality.

Service Uptime

The Owner aims for a monthly uptime of 99.5% . Despite this goal, uninterrupted service cannot be guaranteed due to various potential disruptions including but not limited to: monthly uptime but cannot guarantee uninterrupted service cannot be guaranteed due to various potential disruptions including but not limited to:

  • Scheduled maintenance
  • Unforeseen technical issues
  • Force majeure events. 

Regional Variations

Functionality and availability of the Application may vary based on the User’s geographical location due to:

  • Local laws and regulations
  • Regional restrictions
  • Differences in network infrastructure.

Disclaimer of Warranties

The Owner does not warrant that the service will meet the User’s specific requirements, be uninterrupted, timely, secure, or error-free. The Owner disclaims any liability for any loss or damage resulting from:

  • Service interruptions
  • Temporary unavailability
  • Changes in functionality due to compliance with local regulations

Support and Maintenance

The Owner will endeavor to provide timely support and maintenance to address any issues affecting service availability and functionality. Users are encourage to report any disruptions or issues to the support team for prompt resolution. 

Liability Limitations

The Owner’s liability for any service interruptions or functionality issues is limited as described in the Limitation of Liability section of the Terms of Service.

By using this Application, you acknowledge and accept these terms regarding service availability and functionality.

IX.  Modification of Terms

The Owner reserves the right to update these Terms at any time. Such changes will be posted on the Application, and Users are encouraged to review the Terms regularly. Continued use of the Application after any such modifications indicates acceptance of the new terms.

Notification of Changes

  • All changes to the Terms will be posted on the Applications’ website. 
  • Updates will become effective immediately upon posting unless otherwise specified. 

User Content

  • Continued use of the Application following the posting of changes constitutes your acceptance of those changes. 
  • If you do not agree with the modified terms, you must discontinue use of the Application immediately. 

Review and Monitoring

  • Users are encouraged to review the Terms periodically to stay informed of any updates. 
  • The updated Terms constitute a binding agreement between the Owner and the User. 

Significant Changes

  • For any significant changes that may affect your rights or obligations, the Owner will provide a more notice (such as an email notification or a more prominent notice (such as an email notification or a notice on the Application interface).

X.   Governing Law and Dispute Resolution

These Terms are governed by the laws of the User's country of residence. Any disputes should first be resolved through good-faith negotiation or mediation. If unresolved, disputes may be brought before the local courts of the User’s country. The Owner reserves the right to seek injunctive or other equitable relief in any competent jurisdiction to protect its intellectual property or confidential information.

XI. Termination

Either party may terminate this agreement at any time. Upon termination, the User’s account and all associated data and may be permanently deleted, and access to the Application will be revoked immediately.

XII. Limitation of Liability

1.  Scope and Cap of Liability

The Owner’s liability for any claims arising from or related to the use of the Service is limited to the amount the User paid for the specific services in the month immediately preceding the event giving rise to the claim.

2. Legal Constraints

The limitations of liability outlined herein will be enforced to the extent permitted applicable laws and regulations.

3. Service Disclaimer

  1. The Service is provided “as is” and “as available” basis without any warranties of any kind.
  2. The Owner makes no representations or warranties regarding the reliability, availability, quality, suitability, or completeness of the Service.
  3. The Owner does not guarantee the Service will meet the User’s expectations or be free from errors.
  4. The Owner disclaims liability for errors, defects, viruses, or other harmful components that may be present in the Service.
  5. Users assume all risks associated with the use of the Service.
  1. Acknowledgment, Severability and Clarity


4.
Acknowledgment, Severability and Clarity

Users acknowledge and agree to the limitations of liability as outlines in these. If any provision of this clause is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

5. Regular Review and Updates

The Owner reserves the right to update or modify this Limitation of Liability clause at any time. Users are encouraged to review this clause regularly to stay informed of any changes.

XIII. Identification

Users agree to indemnify, defend and hold harmless the Owner and its affiliates from any claims, losses, liabilities, damages, expenses related to:

  1. Violation of Terms, third-party rights, or applicable laws
  2. User contributions and activities on the Application. 
  3. Breach of representations and warranties made by the User. 
  4. Intellectual property rights violations.
  5. Breaches of data privacy laws or regulations. 
  6. Harmful actions or conduct towards other Users.

The User must promptly notify the Owner of any such claims, cooperate fully in the defense, and cover all associated expenses. The Owner reserves the right to assume exclusive control of the defense or settlement of any claim.

XIV. Disclaimer

The Application and the Owner is not responsible for any content, code, or inaccuracies provided through its services. The Application makes no warranties or guarantees of any kind.

In no event shall the Application be liable for any special, direct, indirect, consequential, or incidental damages, or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Owner reserves the right to make additions, deletions, or modifications to the content on the Service at any time without prior notice.

The Application and its content are provided on an “as is” and “as available” basis without any warranties or representations of any kind, either express or implied. The Application acts as a distributor and not a publisher of content supplied by third parties, exercising no editorial control over such content and making no warranty or representation regarding the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via the Application.

Without limiting the foregoing, the Application specifically disclaims all warranties and representations in any content transmitted through or in connection with the Application or on sites that may appear as links on the Application, or in the products provided as a part of, or otherwise in connection with, the Application, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral advice or written information given by the Application or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, the Application does not warrant that the Application will be uninterrupted, uncorrupted, timely, or error-free.

XV. Contact