OwllAI | Terms of Use

Effective as of 30 August 2024

 

1. Terms

These Terms of Use (“Terms”) and any and all agreements referred to in the Terms (collectively, the "User Agreement"), governs your access to or use of

a. this website and any associated webpages and/or social media pages (our "Website"); and

b. all services, applications and/or products accessible via the Website or our application programming interfaces (APIs), or otherwise made available to you by us (the "OwllAI") (our Website and OwllAI are collectively known as our "Services")

that are owned and operated by RAMBUTANAI  PTE. LTD. ("we or "us").

 

In these Terms, “you” or "your" means any individual end user accessing and using the Services and hereby agreeing to the User Agreement.

 

PLEASE READ THESE TERMS CAREFULLY. These Terms shall set forth the terms and conditions pursuant to which you can use our Services. By accessing or using our Services, you agree to and are legally bound by the User Agreement. If you do not agree to the User Agreement, please do not access or use (or continue to access or use) our Services.

 

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these Terms periodically for changes. Where required, we endeavour to notify you of material changes to these Terms when you next access our Website. Your continued use of our Services following the posting of changes to the Terms or any notification to you shall mean you accept those changes.

 

If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action (where applicable).

2. Services

2.1 OwllAI is an audio-based AI web tool that offers features such as voice conversion, noise suppression, text to speech and background sound extraction.

 

2.2 We sometimes release products or features that are still undergoing testing and evaluation. We strive to mark these products accordingly. While we are grateful for early adopters, we make no warranties about the reliability of such beta products or features.

 

2.3 We are not obligated to provide any maintenance, technical or other support for your use of OwllAI.

 

2.4 We reserve the right to (a) suspend access to or (b) discontinue or (c) change the content and features of our Services from time to time, at our discretion, with or without notice. We shall not be liable to you for any losses you may suffer. We further reserve all rights to amend, cease or terminate our Services (in whole or in part) at any time at our sole discretion and you shall not have any claims against us.

 

3. Eligibility of Users

3.1 By accessing and/or using our Services, you represent and warrant that:

a. you are of legal age in your jurisdiction to enter into a contract and are not a person barred from receiving services under the laws of any applicable jurisdiction;

b. your use of the Services does not violate any applicable law or regulation (national or international) regarding online conduct, acceptable User Content and use of the Services;

c. you are not located in a region that is subject to any government embargo, or that has been designated by any government as a “terrorist supporting” region; and

d. you are not listed on any government's list of prohibited or restricted parties.

 

4. License

4.1 Subject to your complete and ongoing compliance with the User Agreement, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable license to access and/or use the Services (and any Materials used in connection with the Services) on a computer that you personally own or control.

 

4.2  When exercising your rights under the license, you agree to use the Services in accordance with the User Agreement and, above all, fairly and lawfully. If you are prohibited under any applicable law from using the Services, you may not use it.

 

4.3 In consideration of us granting you a license to use the Services, you shall give proper credit to us when you choose to publish your Output for any purpose. You may add the attribution line "Audio/Sound created using OwllAI" next to the Output or on the medium that features the Ouput, together with a link to https://owll.ai/

 

4.4 No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. Your license does not allow you to:

(a) reproduce, distribute, publicly display, or publicly perform the Services;
(b) make a copy, modify, rent, lease, loan, resell, sublicense, distribute or otherwise transfer the license granted to you in the Services or any Materials or any right or ability to view, access, or use any Materials;

(c) access or use the Services in violation of any usage restrictions or other limitations associated with the  Services.

 

4.5 OwllAI is not intended for distribution to or use in any territory where such distribution or use would violate local law or would subject us to any regulations in that territory. We reserve the right to limit our Services to any territory.

 

4.6 We have the right, in our sole and absolute discretion, to issue warning, remove content (including User Content), suspend, disable, terminate, permanently ban or restrict your access to or use of our Services, or even report you to law enforcement at any time and is not obligated to bear any liability to you or any third party, if you:

a. are under the legal age in your country; or

b. violated any prohibited conduct described in these Terms.

 

5. Ownership and Third Party Claims

5.1 We or our licensors retain and exclusively own all rights, title and interest in and to the Services and its content (including the visual interfaces, graphics, artwork, photos, videos, music, sounds, text, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements and materials posted, provided or otherwise made available through the Services (“Materials”) but excluding any User Content, including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Services. Except as expressly authorized by us under the User Agreement, you may not make use of, copy, reproduce, distribute, disseminate, sell, publish, circulate, modify or incorporate our intellectual property rights or the Materials in any way, whether in whole or in part. Other product and company names mentioned in the User Agreement may also be the trademarks of their respective owners.

 

5.2 We will not hesitate to take legal action against any unauthorized use of our intellectual property or Materials to protect and restore our rights. We reserve all rights not granted expressly to you in these Terms.

 

5.3 In the unlikely event that there is any claim made against you on the ground that the Materials infringe any third party’s intellectual property rights, please provide us with all relevant information immediately. Our contact information is at the end of this page. We will carry out the necessary investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6. User Content

6.1 All information, text, audio file, audio content, voice recordings, or any other materials whatsoever, whether input, uploaded, transmitted, recorded or used by you in conjunction with OwllAI, shall be collectively referred to as the “Submitted Content.” We do not review, monitor, edit or endorse the Submitted Content for accuracy, timeliness, integrity or completeness. You shall be solely liable for any Submitted Content you submit or transmit using the Services. Although we do not generally monitor user activity, if we become aware of any possible violations by you of any provision of the Terms, we reserve the right to investigate such violations, and we may, at its sole discretion, immediately terminate your license to use our Services, or change, alter or remove your Submitted Content, in whole or in part, without prior notice to you. As permitted by law, we will also cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or creating any User Content on or through the Services.

 

6.2 Each time you submit Submitted Content, you hereby represent, warrant, and covenant that you are of legal age, and that as to any Submitted Content you provide, (a) you are the sole author and owner of the Submitted Content or you have the full lawful right to grant the rights and license specified in this section; (b) the Submitted Content is accurate and lawful; (c) the Submitted Content does not and, as to OwllAI’s permitted uses and exploitation set forth in the User Agreement, will not infringe on any intellectual property or proprietary rights, contract rights, image rights or other right of any third-party; and (d) the Submitted Content will not violate the User Agreement, or cause injury or harm, or threaten to cause injury or harm, to any person.

 

6.3 The OwllAI app will generate audio content and/or files ("Output") based on your Submitted Content.

 

6.4 Between us, you retain ownership of your Submitted Content and Output (collectively, "User Content") to the extent permissilbe by law. Notwithstanding your ownership of your User Content, you hereby grant us a royalty-free, world-wide, non-exclusive, transferable, irrevocable, sublicensable license to use, reproduce, modify, edit, publish, prepare derivative works of, distribute, display, translate, copy, and perform the User Content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology. The rights you grant in this license are for the limited purpose of operating, providing and/or customising our Services to you, improving and protecting our Services, and developing new features or products. WE DO NOT SELL YOUR USER CONTENT. Relatedly, you grant to us the right to authorise third parties to exercise such rights on our behalf.

 

6.5 If anyone brings a claim (Third-Party Claim) against us in relation to your actions and activities carried out on our Services, you will, to the maximum extent permitted by applicable law of your country or jurisdiction of residence where you use our Services, indemnify and hold us (and our direct and indirect parents, subsidiaries or related entities in the same corporate group, collectively, our “Affiliates”) and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or in any way in connection with any of the following: (a) your access to or use of our Services, including activities carried out thereon or User Content provided in connection therewith; (b) your breach of the User Agreement or applicable law; (c) our and/or our Affiliates'  use of the information that you submit to us, including your User Content, subject to our Privacy Policy; (d) information or material transmitted submitted by you that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; or (e) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third-Party Claim (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by us, in the defense of any Claim and Losses.  Notwithstanding the foregoing, we and our Affiliates retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.  We and our Affiliates reserve the right to assume the exclusive defense and control of any Claims and Losses.  You will not settle any Claims and Losses without, in each instance, our or our Affiliate's prior written consent. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

 

7. Artificial Intelligence and Output

7.1 We use AI technology to help improve the quality, performance and safety of OwllAI and/or build the features of our Services.

 

7.2 We make no warranties of any kind, express or implied, that any Output will be (a) unique to you or your Input, (b) substantially dissimilar to the Output of other users, (c) copyrightable or otherwise subject to legal ownership by you.

 

7.3 We make no guarantees that the Output will be suitable for all audiences or purposes. To the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availabilty with respect to any content generated by OwllAI for any purpose. Any reliance you place on such Output is strictly at your own risk.

8. Prohibited Conduct

8.1. You may not upload any content onto our Services or create any Output that may be considered:

a. pornographic, obscene or indecent, or any adult content;

b. exploitative, endangering or abusive of young children

c. violent or promoting violence;

d. to be depicting, encouraging or assisting suicide, self-harm or eating disorders;

e. rumor, false or misleading information;

f. hateful, insensitive, inappropriate, demeaning or offensive speech, including any content that promotes prejudice, discrimination, racism, terrorism, ageism, sexism or violation of legal rights against specific individuals or groups;

g. profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;

h. related to gambling, counterfeits, fraudulent products or services prohibited by law, abortion, weapon, or other highly explosive subject matter;

i. abusive, bullying, intimidating, libelous, embarrassing or otherwise harassing other people or groups of people;

j. disrupting to national or social order, or violates any public order, moral or social norms;

k. promoting criminal acts;

l. promoting illegal or inappropriate use of alcohol or tobacco;

m. fradulent, deceptive or misleading, including impersonation or claiming false affiliation;

n. to infringe on or misappropriate third party's intellectual property, image rights or other proprietary rights, or plagiarism;

o. harmful to the reputation and credibility of OwllAI; or

p. other contents that in our judgement are negative contents or otherwise not suitable.

 

8.2 By using our Services, you agree not to:

a. use the Services for any unlawful, unauthorised or illegal purpose or in violation of any local, state, national, or international law;

b. remove, disable, damage, interfere with or circumvent any feature of the Services, including any security or access control mechanism or features that prevent or limit use or copying of any content;

e. make modifications to, disassemble, decompile or reverse engineer or otherwise attempt to discover the source code of any portion of the Services, except to the extent that such restriction is expressly prohibited by law;

f. use web scraping, web harvesting or web data extraction methods to extract data or Material or personal information or any other information from OwllAI, including from the AI features;

g. provide archived or cached data sets containing User Content (or our Materials or any other information or data or content) to another person or entity;

h. use any User Content (or our Materials or any any of our information or data or content) collected from OwllAI for the development or use of any software program, application, model or website, including, but not limited to, an artificial intelligence system, natural language model, large language model or machine learning;

i. interfere with the operation of the Services or any user’s enjoyment of the Services, including by:

i. uploading or otherwise disseminating any virus, adware, spyware, trojan horse, worm, malicious code, links to phishing website or other harmful programmes or technologies or malicious content or code that could impact the operation of the Services or any computer or other device; or

ii. interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;

j. sell or otherwise transfer the access granted under the User Agreement or any Materials or any right or ability to view, access, or use any Materials;

k. attempt to do any of the prohibited acts described in the User Agreement or assist or permit any person in engaging in any of those prohibited acts;

l. to create, train or improve any products or AI models to compete with OwllAI or otherwise; or

m. in a manner that violates these Terms.

 

9. Copyright Policy and Other Intellectual Property Rights

9.1 You are solely responsible for the usage and distribution of your Submitted Content and Output. The Service  uses artificial intelligence algorithms and other audio technology to inter alia (a) separate vocal and instrumental tracks and (b) modify the sound of a person's voice by changing the pitch, tone, timbre and other characteristics of a voice. We may store your Output in order for you to download the same at your convenience but we do not distribute any copyrighted content.

 

9.2 We respect the copyright and other intellectual property of others, and we ask our users to do the same. We will not tolerate any acts of yours that directly or indirectly infringe on copyright or any other intellectual property rights belonging to us or others when you use our Services.

 

10. Privacy

10.1 Our Privacy Policy is available on our Website and governs the manner in which we (and our Authorised Personnel) collect, use, process, maintain and disclose personal information collected from you. In order to ensure your continued use of some or all the features of OwllAI, we may need to use, transfer or store your personal information with our "Authorised Personnel" such as entities within our group of companies or authorised third party contractors which are necessarily involved in our provision and performance of the Services. We and our Authorised Personnel shall not use, share, or disclose such information beyond the extent necessary to provide you with the Services or improve the Services for your use.  

 

10.2 WE DO NOT SELL YOUR PERSONAL INFORMATION. We and our Authorised Personnel shall not use such information for marketing purposes without first obtaining your explicit consent.

 

10.3 Please read the notice carefully before using our Services. By using our Services, you understand that (a) you consent to the collection and use of such information and (b) you acknowledge our Privacy Policy and (c) declare that you understand the options we provide to you in matters concerning your personal information.

11. Third Party Websites / Applications

11.1 The Services may contain or enable links to third party websites or applications. These websites or applications are not owned or controlled by us. Any link to third party websites or applications that you may find on our Services does not imply affiliation with us, and we do not endorse any third parties or their websites or applications. We do not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you.  We cannot and shall not assume any responsibility for the content, privacy policies, or practices of these websites or applications. We shall also not be responsible for the content of any third party linked site or any link contained in a third party linked site, and we shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. In addition, we will not and cannot censor or amend or influence the content of these websites or applications.

 

11.2 By continuing to use the Services, you acknowledge and agree that we are not responsible, directly or indirectly, for your use of any third-party websites or applications and any damage or loss caused by or in connection with use of or reliance on any content or functionality made available, or purported to be available, on or through any third party websites or applications, including those of our resellers and distributors. Your use of such websites or applications is at your own risk, and you should apply a suitable level of caution and discretion in doing so.

 

11.3 These Terms do not apply to any third party websites or applications. When you click on or connect to any third-party websites or applications, the applicable third party’s terms and policies applies, including their privacy and data gathering practices. You should gather information to the extent you feel necessary or appropriate before proceeding with any such third-party websites or applications.

 

12. Notice to California Residents

12.1 If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

 

12.2 California residents can obtain information on our privacy practices and learn more about their California privacy rights, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act (where applicable), in our Privacy Policy and US Privacy Notice.

13. Dispute Resolution

13.1 These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles.

 

13.2 If you are a consumer and subject to the applicable consumer laws of your country of residence, you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that your claim arising out of or in connection with the User Agreement, including any question regarding its existence, validity or termination, must be resolved exclusively in the competent court with jurisdiction over our registered address, and that you submit to the personal jurisdiction of such courts. Without prejudice to the foregoing, you agree that, in our sole discretion, we may also bring any claim that we have against you arising out of or in connection with the User Agreements in the country in which you reside that has jurisdiction over the claim.

 

13.3 If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action (where applicable).

 

13.4 TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR US AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR WE WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.

 

14. Disclaimers

14.1 You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services (fees may apply), and other products and services necessary to access and use the Services.. This also means that the quality and availability of the Services may be affected by factors outside our control. We (and our third party vendors) do not warrant that our Services will be compatible with all hardware and software which you may use.

 

14.2 We shall not bear any liability for the interruption of or other inadequacies in the Services caused by your network operator or circumstances of force majeure, or that are otherwise beyond our control. Where we can, as far as possible, we shall reasonably attempt to minimize the resulting losses of and impact upon you.

 

14.3 The Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We make no representations or warranties of any kind express or implied as to the operation and provision of such Services or any part thereof. Under no circumstance do we guarantee that the Services will be uninterrupted, secure, safe, timely or free from errors, delays or disruptions. We also do not make any warranty of our Services with regard to the merchantability, technical compatibility, title, non-infringement, fitness for any particular purpose, security and freedom from computer virus or other harmful code.

 

14.4 We (and our third party vendors) make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availabilty with respect to any Output generated using the app for any purpose. You must use discretion and judgment when making decisions or taking actions based on the Output. Any reliance you place on the Output is strictly at your own risk.

 

14.5 Any use or reliance on our Services will be at your own risk. If you choose to make any of your intellectual property or information available through the Services, you do so at your own risk. You are fully responsible for any risks involved in using our Services.

 

14.6 NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY US OR OUR SUPPLIERS WITH REGARD TO A PRODUCT SOLD BY US TO YOU, OR ANY WARRANTY ON A PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) OUR LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY US OR OUR AFFILIATES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US OR OUR AFFILIATES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

 

14.7 Some jurisdictions do not allow for the exclusion of implied warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liabilities

15.1 To the extent permissible by law, we shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.

 

15.2 To the extent permitted by applicable laws, you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages or any other intangible losses resulting from: (a) the use or the inability to use our Services; (b) unauthorized access to or alteration of your transmission or data; (c) statements or conduct of any third party, (d) any other matter relating to the Services or this User Agreement (whether based on contract, tort or otherwise, and whether or not we have been advised of such damages). We shall also not be liable to you or any third party under any circumstances for damages or costs arising out of or in connection with your unauthorised use of our Services (including your failure to comply with applicable applicable local, state, federal or international laws), or any private or governmental legal action related to your use of the Services in any country. Even if we were found liable, WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THIS AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES. The foregoing limitations will apply even if the Services fail of its essential purpose.

 

15.3 NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD BY US.

 

15.4 You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by these terms (if any).

 

15.5 YOU RELEASE US, OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO US OR OUR AFFILIATES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.

 

15.6 You agree to indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of this Agreement, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

16. Miscellaneous

16.1 The User Agreement forms the entire agreement between you and us regarding your use of the Services.

 

16.2 You may not assign or transfer your rights or obligations under the User Agreement, in whole or in part, by operation of law or otherwise (and you may not delegate your duties under them) without our prior written consent. We may assign our rights or obligations under the User Agreement (in whole or in part) at any time without notice or consent.

 

16.3 The failure to require performance of any of the provisions forming the User Agreement by you or us will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of the User Agreement, be a waiver of any breach or default or a waiver of the provision itself. No waiver or modification of any term of this User Agreement will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

 

16.4 If any part of these Terms is held to be invalid or unenforceable, then that provision will be deemed severable from this User Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this User Agreement.

 

16.5 To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

 

16.6 Where we have provided you (directly or indirectly) with a translation of English language version of the User Agreement (including these Terms and the Privacy Policy), you agree that the translation is provided for your convenience only and that the English language version of the User Agreement will govern your usage of our Services. If there is any contradiction between what the English language version of the User Agreement says and what a translation says, then the English language version shall prevail.

 

16.7 We reserve the right to terminate this User Agreement at any time at our sole discretion for any reason and we shall not be liable to you for any losses you may suffer upon termination. Notwithstanding, we endeavour to give you advanced and reasonable notice before we terminate this User Agreement. Upon any termination (a) the rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the OwllAI app.

 

16.8 You acknowledge that the rights granted and obligations made under this User Agreement are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

 

16.9 We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, nationwide IT networks attacks or failures, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

17. Feedback and Contact

17.1 We are happy to and we may periodically solicit suggestions from our users. However, we do not accept or consider unsolicited suggestions of any kind (e.g. ideas on product development or features, artwork, musical or audiovisual works, concepts or any other creative materials) in any format or manner (“Unsolicited Content”). This is to avoid potential misunderstandings if new products or features or services independently developed by or for us might seem similar to your suggestions. Therefore, please do not submit any Unsolicited Content to us.

 

17.2 If you insist on submitting Unsolicited Content or sending us any other feedback, you agree that any feedback provided will be used by us in an unrestricted manner and treated as non-confidential information. Please do not share anything that contains new or original ideas which you may want to claim any form of proprietary rights in, now or in future. If you insist on sending us new or original ideas or creative materials, then you are deemed to have agreed that: (a) your Unsolicited Content, feedback and their contents will automatically become our intellectual property, without any compensation to you; (b) you will not assert against us any rights or ownership and you will not claim any compensation in respect of any such Unsolicited Content or feedback; (c) we may use or redistribute the Unsolicited Content, feedback and their contents for any purpose and in any way we deemed fit; (d) there is no obligation for us to evaluate any ideas or material that you submit to us; and (e) there is no obligation to keep the Unsolicited Content or any such ideas or material confidential.

 

17.3 If you need to contact us or seek clarification, you may contact us as follows:

 

Name: RAMBUTANAI Pte Ltd

Address: 60 ANSON ROAD #09-01/02 MAPLETREE ANSON SINGAPORE (079914)

Attn: Customer Service

EMAIL: feedback@owll.ai