Terms of Service

Introduction

Forty Two Labs Private Ltd., a company registered under the laws of Singapore with UEN 201413781Z ("us", "we", or "our"), operates a suite of automated personal assistant services (collectively “Services” and each service “Service”). In order to sign up for and use any of the Services, you need to agree to these Terms and Conditions ("Terms"), so please read them carefully. If you use any of our Services, you agree and are deemed to have agreed to be bound by and comply with these Terms. If you disagree with any part of these Terms, then you may not use any of our Services.

Limited Rights to Use Service

You may use the Services only for the intended purposes and in any case only as permitted by applicable laws and regulations and these Terms. You may not use the Services directly or indirectly for, to facilitate or otherwise in connection with any unlawful activities.

Your use of the Services does not grant you ownership of any intellectual property rights in our Services or any content that you may access. You also may not use any logos or branding or content that may be used or made available in our Services without explicit written permission.

We may modify, suspend or stop providing any part or all of the Services at any time with or without notice, although we will aim to provide as much notice as may be reasonably practicable at our discretion.

To experience the full benefit of the Services, you may need to download and install software on your computing devices. Where the software is published by us, we grant you a limited, personal, worldwide, revocable, royalty-free, non-transferable and non-exclusive license to use such software for the sole purposes of using the Services as permitted by these Terms. Where the software is published by a third party, you agree to comply with these terms of the license granted by the third party.

You may not directly or indirectly copy, modify, distribute, sell, translate, adapt, disassemble, reverse-engineer, extract the source code from, lease, license or transfer any part of our Services or software provided by us, or assist or enable or purport to authorise anyone to do any of the foregoing.

Consent to Data Collection and Usage

As personal assistant services, the Services necessarily require access to your personal information, such as your name, relevant postal address(es), email address(es), contacts in your address book(s), event information in your calendar(s), and messages that you and the people you interact with send to or make available to us ("Personal Information"), to perform the Services.

You agree that we and our affiliates, contractors, vendors and agents may collect, maintain, process, use and transmit your Personal Information in accordance with our then-prevailing Privacy Policy available at https://www.mimetic.ai/privacy_policy.

The Privacy Policy describes the information (including your Personal Information) we collect and how it will be used. Please review it carefully as it forms a part of these Terms.

Communications and Actions by the Services

As personal assistant services, the Services also need to communicate with you. You therefore agree that we will be, and you consent to us, sending you messages relevant to your use of the Services. In order to fulfil your instructions, you also agree that the Services may, on your behalf, contact other people whom you specify. For example, if you use the Services to organize a meeting with three people, each of them will receive communications using the appropriate medium informing them of your intent.

Further, you may configure or request the Services to automatically take specific actions in stipulated situations or in response to certain events, such as responding to certain types of messages from specific people. In such cases, you hereby authorize the Services to and agree that the Services may take such actions in such situations or in response to such events on your behalf.

In addition to communications that are intrinsic to the Services, we may also send you administrative and service messages, announcements about the Services (including new features and/or components) and other information.

Standard Customers and Premium Customers

In these Terms, you are a “Premium Customer” if you are using the Services pursuant to a Paid Plan at that given point in time; you are a “Standard Customer” if you are not a Premium Customer, including where you are using the Services on a trial or non-paying basis; and a “Paid Plan” is a plan or program under which a person is paying any monetary amount to us to use the Services as at that given point in time.

We will provide Premium Customers access to and use of such functions and features in the Services as may be set out in the descriptions of the Paid Plan selected by them, subject to and in accordance with these Terms. For clarity, different types of Premium Customers may have access to and use of different functions and features in the Services, and Standard Customers may not have access to all functions and features existing in the Services.

We may from time to time offer new Paid Plans, or cease to offer any particular Paid Plan.

Any and all amounts paid to us to use the Services are strictly non-refundable.

Specific Terms for Premium Customers

Unless we decide and notify to you otherwise, your order for and our provision of the Services will commence immediately upon successful processing of your payment. You will be charged the monthly amount(s) stated to apply to your Paid Plan (“Monthly Fee”), plus any applicable taxes, at the time of purchase. We may in our sole discretion offer you the option to pay the Monthly Fee on a monthly basis or to pre-pay the Monthly Fee on an annual or other basis, subject to such discounts as we may determine in our sole discretion.

Unless you have cancelled or opted out of renewing your Paid Plan, or unless we require you to take any action before renewing, your contract under your Paid Plan will automatically renew upon the expiry of the then-current billing cycle at the then-current Price (plus any applicable taxes), on the then-current terms of that Paid Plan. You agree to follow our prescribed process to cancel or opt out of renewing your Paid Plan. We will notify you in advance if the Monthly Fee applicable to the renewal is different from the most recent Monthly Fee paid by you, otherwise we will use commercially reasonable efforts to notify you in advance of any renewal.

We may cease to offer your chosen Paid Plan at any time and require you to select a new Paid Plan to continue using the Services upon the expiry of your then-current billing cycle. For clarity, where you have pre-paid the Monthly Fee, we will not require you to select a new Paid Plan until the end of the period for which you have pre-paid.

We may modify the terms of your then-current Paid Plan at our sole discretion, whether with or without prior notice; in such case, the modified terms will apply from the next month of the Services, regardless of whether you are paying the Monthly Fee on a monthly or annual or other basis.

Modification & Termination

We continually make changes and improvements to the Services, whether with or without prior notice. This includes adding or removing functionality or features.

We may terminate or suspend access to any part or all of our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms; if we determine in our sole discretion that your use of the Services is abusive in any way; if you were, but then cease to be, a Premium Customer; and/or if you are a Standard Customer.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Third-Party Content

Our Services may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such websites 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.

Warranties & Disclaimers

We are passionate about the Services and have built them to a commercially reasonable standard. We hope you will enjoy using them, but we make no general or specific promises about the Services or the possible results or outcomes from using them.

You acknowledge and agree that the Services require the provision of or access to certain information to function and operate as intended, and that accordingly we are not liable for any error, defect or failure (whether to operate as intended or at all) in connection with the Services arising directly or indirectly in connection with:

  • any non-provision of a valid email address;
  • any lack of or insufficient access to your calendar(s) or any other functionality or information such as contact information;
  • any failure to complete or provide the minimum configuration requirements necessary for the Services to operate or be used as intended; or
  • any unavailability of or disconnection from your calendar(s) and/or failure to synchronize your calendar(s) with your data and/or devices.

You acknowledge and agree that your access to and use of the Services is at your own sole risk and that the entire risk in connection with your use of the Services (including but not limited to any risk as to satisfactory quality, fitness for purpose, performance, availability, non-infringement, quality, security, reliability and accuracy)lies with and is assumed by you, as is any cost of cover, repair or rectification.

To the fullest extent permitted by applicable law, the Services are provided “As Is” and “As Available” without warranty of any kind. We and our affiliates and licensors disclaim any and all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, any warranties and/or conditions of merchantability, fitness for a particular purpose, satisfactory quality, accuracy and non-infringement of third party rights.

We and our affiliates and licensors do not make, and expressly disclaim, any warranty or representation that:

  1. you can or may use or enjoy the Services without interference,
  2. any or all of the functions and actions performed or provided by, or expected to be performed or provided by, the Services will meet your requirements, be uninterrupted, available, secure, defect-free or error-free or perform or achieve any particular outcome or effect, and
  3. any defects, bugs, flaws, errors or issues in the Services will be corrected.

You further acknowledge and agree that the Services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the Services and functions provided by the Services could lead to death, personal injury, financial loss, reputational loss, or physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support, financial systems or weapons systems.

No oral or written information or advice given by us or our authorized representative shall create a representation or warranty, and you acknowledge and agree that you will not rely on any such information or advice.

Exclusion and Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR AFFILIATES, LICENSORS, CONTRACTORS, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY OR DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY ECONOMIC LOSS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF SALES, REVENUE OR PROFITS, REPUTATIONAL LOSS, CORRUPTION OR LOSS OF DATA, COST OF COVER, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claims under these Terms is limited to the amount you paid to us to use the Services (or, at our choice, the equivalent supply of Services) in the 12 months preceding the relevant cause of action, but not exceeding the amount of one hundred dollars (U.S.$100.00)

We will not liable for any loss or damage that is not reasonably foreseeable.

The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Use by a Business

If you use the Services on behalf of a business, you acknowledge and hereby agree, represent and warrant that that business accepts these Terms and it will hold harmless and indemnify us and our officers, agents, employees or affiliates from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorneys’ fees.

Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Singapore.

Miscellaneous

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

The most-current latest and prevailing version of this Privacy Policy is available at https://www.mimetic.ai/tos. We may modify, update or replace these Terms from time to time, at any time and without prior notice, at our sole discretion. We will notify you of any changes by posting the new Terms at https://www.mimetic.ai/tos. You are advised to review these Terms periodically for any changes.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Last updated: 10 October 2016