Terms and Conditions

Terms of Use

These Terms of Use govern all access to and use of software, technical interfaces and related technology and services (the “Service”) provided by Digital Blue Foam Pte Ltd AS (“DBF”). All use of the Service are subject to these Terms of Use.
Purpose of the service The Service is provided as a service to a customer (the “Customer”) for the purpose of exploring different ways to develop a residential building site. The Service shall be used to gain insight for the benefit of the Customer at a real estate development project designated by the Customer.

Authorised users
The Customer may request access to the Service to certain individuals, working with the Customer’s development project (“Authorised Users”). Only Authorised Users may access and use the Service and only for the purpose set out above in Section 1.

Any use of the Service is subject to acceptance of these Terms if Use and the terms herein. If an Authorised User does not agree to the terms herein, the Authorised User is expressly prohibited from accessing and using the Service.

Registration
Access to and use of the Service requires registration. Each Authorised User will be provided with a unique user ID (“User ID”), to be used exclusively by the Authorised User. Access may also require other means of identification, such as passwords, access codes etc.
The Authorised User may not share the User ID or any other means of identification, let anyone else access the Service using its User ID or other means of identification, or do anything else that might jeopardize the security of the User ID or other means of identification, the account at the Service and/or the Service itself.

Conditions for use
Authorised Users shall use the Service in accordance with these Terms of Use, any user instructions and other policies and guidelines provided by DBF from time to time. The Authorised User is responsible for all their activity at the Service.

Authorised Users shall not, and shall not allow any third party to, unless explicitly stated in these Terms of Use:

1. use the Service except as expressly permitted in these Terms of Use;
2.decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from any component of the Services;
3. allow third parties to gain access to the Service, or sublicense, transfer, sell or otherwise assign its account at the Service or  the Service itself to any third party;
4. alter, embed into any other product or otherwise create derivative works of, or otherwise modify the Service;
5. interfere with or disrupt the integrity of the Services, software or data;
6. attempt to gain unauthorised access;
7. interfere with another Customer or Authorised User’s use of the Services.Supported environment, Improvements, changes and updates
The Service is provided as a hosted service (software as a service). Its functionality may require certain specifications concerning hardware, software, connections etc.
DBF may change suppliers, vendors or hosting partners and make adjustments or changes to the Service. This may result in changed appearance and/or functionality of the Service, the Supported Environment, and require the Customer to update its own system, web-browsers or hardware in order for the Services to function properly.

Intellectual property rights
The Service, its source code, design, accompanying documentation (in hard copy or electronic form), and all other materials and other Intellectual Property Rights developed by DBF (“DBF IP”) provided or made available by DBF to the Customer and/or the Authorised User are the exclusive property of DBF. DBF retains all right, title and interest in and to the DBF IP, including all inventions, patents, circuit designs, copyright, trade secrets, know-how, brand names, trademarks and any other industrial and/or intellectual property rights (collectively “Intellectual Property Rights”).

License to use content
The Authorised User grants to DBF a non-exclusive, royalty free, transferable, non-revocable and perpetual license to use all data provided into the Service, all data and content generated by the Service and any statistical information related to the usage, traffic patterns and behaviour of the Authorised Users, for the purposes of inter alia statistics, analysis and development of DBF’s technology and services. DBF can only use non-anonymized data for marketing purposes to the extent explicitly agreed with the Customer.

Personal data
In order to provide the Service, administer the Authorised User’s use of the Service, and to improve the Service, DBF will process certain personal data about the Authorised User. DBF takes the security of personal data seriously, and has taken reasonable steps to protect the Authorised User’s privacy. For more information about processing of personal data, please refer to DBF’s privacy policy.

Availability
DBF will exercise reasonable skill and care in providing the Service, but makes no guarantee related to its availability. The Authorised User accepts that the Service from time to time may be partly or completely unavailable due to, amongst others, maintenance.

Termination and Suspension of the Service

An Authorised User has the right to cancel his/her registration or subscription at any time. DBF may, without notice and with immediate effect, terminate, suspend or restrict the Authorised User’s access and use of the Service if there is a suspected violation of these Terms of Use, or illegal or fraudulent use of the Service.

DBF further reserves the right to suspend or cease providing the Service to Authorised Users, with or without notice, due to a breach and/or termination of the agreement between DBF and the relevant Customer.

DBF may also suspend or cease providing the Service or parts thereof upon its decision to discontinue the Service or other reasonable grounds, e.g. if suspension or closure is necessary due to security issues, improper use of the Service etc.

DBF's Liability
The Service is provided “as is”. DBF makes no warranties of functionality, fitness for a particular purpose, effect of the use of the Service, accuracy, completeness, or adequacy of third party content or other information contained in the Service. DBF does not warrant that the Service will be completely error-free or that use of the Service at all times will be uninterrupted or free from any viruses or bugs.
DBF, its consultants, employees, or suppliers shall in no event be liable to the Authorised User, or any third party for any loss or damage, whether direct, indirect, special, punitive, incidental or consequential damage of any nature, including but not limited to, damages or costs due to damage to hardware, interruption of business or loss of profits, data, revenue, goodwill, production, use or the like.

Electronic communication
DBF will send information relating to the Service, such as messages relating to account transactions, changes in these Terms of Use etc., in electronic form only, e.g. by notifications, e-mail, SMS etc.

Modifications to the terms of use
DBF may update or change these Terms of Use. Authorised Users will receive notice of any changes that materially affect the use of the Service. Please note that the continued use of the Service after any updates are effectuated or after receipt of notice of any changes, will constitute acceptance of those updates/changes and the Authorised User will be bound by the new terms upon the continued use of the Service. If the Authorised User does not accept the changes, the Authorised User may terminate its account at the Service with immediate effect.

Assignment
By registering as a user on the Service, the Authorised User accepts that DBF, either partly or in whole, may assign its rights and obligations under these Terms of Use to a third party.

Force majeure
DBF shall not be liable for any failure of or delay in the performance of the Services for the period that such failure or delay is beyond DBF’s reasonable control, materially affects the performance of any of its obligations, and could not reasonably have been foreseen or provided against.

Governing law and disputes
These Terms of Use shall be governed by and construed in accordance with the laws of Singapore. The parties shall in good faith try to resolve any disagreement or dispute under these Terms of Use through negotiations. If the parties after such negotiations are not able to reach an amicable solution, the dispute may be brought before the ordinary courts, with Singapore courts as legal venue. These Terms of Use will not limit any consumer protection rights that the Authorised User may be entitled to under the mandatory laws of its country of residence.