This is an agreement between Nektar.ai Pte. Ltd. (“Nektar.ai” or “We”) the owner and operator of the website www.nektar.ai (the “Nektar.ai site”), the Nektar.ai service and software (collectively, including the services, source code, API libraries, SDK, documentation, web dashboard and applications, henceforth referred to as “Nektar.ai” or “Service”) and you (“User” or “You”), a user of Nektar.ai. In case of individuals representing organizations, the term User shall include the individual and the organization they represent. “Subscribers” are Users who pay subscription fees to Nektar.ai Pte Ltd for use of Nektar.ai. “Apps” or “Applications” refer to application software running on mobile devices (such as apps on iOS or Android or Windows devices) that are created by the User or Users’ organizations. In case Nektar.ai is acquired or is merged with any other entity, all clauses of this agreement will be deemed valid between the User and the new entity or acquiring entity, thereby also transferring all rights held by Nektar.ai to the new entity.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN DO NOT CHOOSE THE “LOGIN”, “SIGN UP”, “ACCEPT”, OR “AGREE” BUTTON OR ANY SIMILAR BUTTON OR LINK AND DO NOT USE THE Nektar.ai Service, and Nektar.ai Pte Ltd is unwilling to provide you rights to use the product.
THE SERVICE AND THE SITE ARE AVAILABLE FOR COMPANIES AND INDIVIDUALS AGED 13 OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTANDS AND ACCEPTS THESE TERMS. BY ACCEPTING THESE TERMS YOU REPRESENT THAT YOU ARE NOT UNDER THE AGE OF 13.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ALSO REPRESENT THAT YOU ARE NOT INCAPACITATED OR PROHIBITED BY LAW/COURT ORDERS/STATUTES APPLICABLE TO YOU FROM ENTERING INTO AN AGREEMENT OF THIS NATURE OR FROM USING THESE SERVICES.
WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF OR ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF Nektar.ai SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS ARE CONSIDERED AN OFFER BY Nektar.ai Pte Ltd, USER’S ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Obtaining access to Nektar.ai
You may obtain access to Nektar.ai via our website www.nektar.ai or through client applications (such as mobile applications, web browser applications, and browser extensions) published by Nektar.ai. You shall not download the Nektar.ai API library files, documentation or source files from any other sites except where distributed explicitly by Nektar.ai Pte Ltd. Your use of Nektar.ai is illegal if you have obtained access via an individual or entity where Nektar.ai Pte Ltd has not explicitly permitted sale, download or distribution of the product.
Your use of the Nektar.ai service
- Nektar.ai grants you a limited, non-transferable, non-assignable license to use Nektar.ai for your Apps. Nektar.ai reserves all other rights related to the service that have not been expressly licensed to you. You hereby acknowledge that no right, title, interest in the nature of or ownership in Nektar.ai being transferred or assigned, except the license as aforesaid, and this AGREEMENT is not to be construed as a sale of any rights in Nektar.ai.
- You represent that you shall not directly or indirectly, aid or attempt to (i) crack, hack, reverse-engineer, decompile, disassemble, decrypt, duplicate, copy, replicate the software or content/files associated with it, attempt to derive source code or structure, (ii) modify, derive from the software, (iii) remove copyright notices or other notices or logos, (iv) use design or copy or images from the service without explicit written permission from Nektar.ai Pte Ltd, (v) use the service or its components for any purpose other than for intended use, (vi) violate other users’ privacy, (vii) circumvent any security measures, (viii) impersonate others or use the service for harassing or any illegal activities (ix) damage your own or other users’ services in any manner, (x) gain illegal or unauthorized access to content, software, services, networks or systems or (xi) disrupt or damage computer systems, networks, software or data associated with Nektar.ai Pte Ltd.
- You represent and agree that you shall not to use any automated systems or tools that may lead to using the service in a manner that generates more events or requests than could be generated by a human in the same period.
- You are free to advertise this software to others through legal channels (sharing information on the service or link to the site via blogs, websites, twitter, etc.).
- Nektar.ai may modify, suspend or terminate the service offered at any point in time at its sole discretion. Nektar.ai may also impose restrictions on usage, or usage limits on certain features at its sole discretion.
- You unconditionally acknowledge and agree that Nektar.ai is the owner of the software/product, and all copyrights and all other rights in the nature of copyright and other common law rights solely and exclusively vest in Nektar.ai, and you shall not infringe the same in any manner, directly or indirectly, and shall not cause to be infringed by third parties by any of your acts. You shall not, at any point of time, challenge or dispute or deny the right, title and interest of Nektar.ai and the copyright and all other rights in the nature of copyright and all common law rights of Nektar.ai in respect of the software/product.
- You shall not re-distribute or re-sell the Nektar.ai service and access to it without explicit written permissions and a formal arrangement with Nektar.ai Pte Ltd to do so.
- You are permitted to modify source code and resources made available for the purpose of modifying the user interfaces and experience of the Nektar.ai service for your Apps.
- You shall not use the Service for any purposes that may be illegal or may violate the privacy of other Users and your App users or other Users’ App users.
Modifications to the service and terms
- Nektar.ai may, at its sole discretion, enhance, alter or modify the Nektar.ai Service at any point of time as it desires. Nektar.ai shall distribute updates via the website and may or may not notify the User of such updates. Updates to the product are also considered part of Nektar.ai or Service.
- In some cases, Nektar.ai shall require the user to upgrade to a newer version of Nektar.ai to continue using the service for security or other reasons.
- Nektar.ai reserves the right to update or modify this AGREEMENT at its sole discretion. Updates to the agreement shall be made available via the Nektar.ai Site (nektar.ai/terms) and Users with valid email addresses registered with the Service may be intimated of the changes via email. By continuing to use the product post updates posted on the Nektar.ai site, the user is bound by the new agreement. If the agreement is not acceptable to the user, the user shall have to stop using the Service. It is the responsibility of the user to check the site periodically for updates to the agreement.
- The Service(s) may temporarily be unavailable due to scheduled downtime for upgrades and maintenance in which case We shall use commercially reasonable endeavours to notify You in advance.
Termination of service and license
- Nektar.ai may decide to terminate the services provided with Cause, as part of the Nektar.ai Service at any time with a notifying email sent to users registering with valid email ids 30 days in advance of such termination.
- In the case of termination of the service, all user-created data could be non-accessible post termination. Nektar.ai has no obligations to provide a mechanism for users to access user content created or shared using Nektar.ai post such termination.
- Nektar.ai can change the terms of this license at any time and revoke the license to use the product from individuals at its sole discretion.
You agree that you are aware and fully acknowledge that this Service has no warranty of any kind. Nektar.ai shall not be responsible for costs, expenses, damages of any kind incurred due to or arising from usage or failure of the Service.
Use of Customer Data
You have the exclusive right to use all Customer Data and all reports based on Customer Data generated by the Service, for any purpose related to your business. Notwithstanding the foregoing, you acknowledge and agree that Nektar.ai may, at any time and in its sole discretion: (i) use any or all Customer Data internally as needed to troubleshoot issues or improve the Service; and (ii) use, for its internal purposes, statistics collected about how Customer Data is used with the Nektar.ai Service.
Nektar.ai is currently supported on the following platforms:
- iPhone, iPod and iPad devices running iOS 5.0 and above
- Phones running on Android operating system with OS version 2.3.3 and above
You agree to indemnify Nektar.ai, its directors, employees, and partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, your access to the Service, or use or misuse of the Service.
You agree that jurisdiction for settling any disputes with Nektar.ai lies with the courts of Singapore.
THE NEKTAR.AI SERVICE AND ANY NEKTAR.AI CLIENT APPLICATION ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEKTAR.AI DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEKTAR.AI MAKES NO WARRANTY THAT THE NEKTAR.AI CLIENT APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEKTAR.AI OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Nektar.ai used herein are trademarks or registered trademarks of Nektar.ai. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Nektar.ai’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Nektar.ai may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given: (i) by Nektar.ai via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.