End User License Agreement

Last Updated: 21 June 2024

This End User License Agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and Dataxet Limited (Dataxet) with registered address at 888/178 Ploenchit Road, 17th Fl. Mahatun Plaza Building, Lumpini, Patumwan, Bangkok 10330 THAILAND.

This EULA governs your use of the Services. By using the Services, you agree to be bound by the terms and conditions set forth in this EULA. If you do not agree to the terms and conditions set forth in this EULA, then you may not use the Services.

1. Definitions

“Information” means information, in whatever form made available through the Services, excluding any Online Media Content and Social Media Content;

“Online Media Content” means content which is accessed through the Services via links to publicly available internet sites; and

“Social Media Content” means content which is accessed through the Services via links to publicly available social media.

“Password” means a password pursuant to which you are enabled to access a Service.

“Services” means software-as-a-service, web applications, mobile applications, as well as any other products owned/licensed by Dataxet.

2. Services

2.1 Dataxet grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license to access, review, download and print Information from the Services for your personal and own non-commercial use. All rights in the Services not expressly granted hereunder are reserved to Dataxet.

2.2 Dataxet will give you a personal Password or an access to the Services, and you shall not share such Password or such access to others.

2.3 Dataxet retains control and ownership of the form and content of the Services or the Information. You will not acquire any ownership rights in the Services or the Information, and you shall not alter the form or content of the Services without the written permission of Dataxet, nor remove, conceal or alter any copyright notices contained in the Information.

2.4 Dataxet chooses the Internet sites and Social Media through which any Online Media Content and Social Media Content are made available, however Dataxet does not license the use of such Online Media Content and Social Media Content. You are solely responsible for determining the extent to which you may use any such Online Media Content and Social Media Content. Dataxet does not accept any liability or offer any indemnity in relation to the Online Media Content and Social Media Content.

3. Restrictions on use of the Services and the Information

3.1 You shall not:

a) use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation;

b) reproduce, distribute, display, sell, publish, broadcast, or circulate the Information to any third party, including other individuals in your organization, nor make the Information available for any such use;

c) redistribute, publish or use the Information or any derived content in any commercial news or information service, nor permit any third party to do the same;

d) modify, reverse-engineer or disassemble any part of the Services or any software contained therein.

4. Privacy Policy and Security Precaution

Dataxet uses cookies on the Services. By using the Services, you consent to the use of cookies.

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Services or a third party to recognize you and make your next visit easier and the Services more useful to you. Cookies can be “persistent” or “session” cookies.

When you use and access the Services, Dataxet may place a number of cookies files in your web browser. Dataxet uses cookies for the following purposes: to enable certain functions of the Services, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising.

Dataxet uses both session and persistent cookies on the Services and uses different types of cookies to run the Services. Dataxet may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

In addition to Dataxet’s own cookies, Dataxet may also use various third parties cookies, including the Google Analytics–which collect web application usage and send them to Google Servers in the United States–to report usage statistics of the Services and so on.

If you are using a public terminal device or are temporarily using a computer that is normally used by another person, do not forget to log off or sign out before you leave the terminal. For extra security, you may want to clear the web browser’s cache and delete cookies.

Dataxet uses an industry standard security protocol for encrypting sensitive information. However, data transmission over the Internet cannot be guaranteed to be 100% secure. While we will strive to protect your personal information from misuse, loss and unauthorized access, we cannot guarantee the security of any information you transmit to us or receive from our Services. These activities are conducted at your own risk.

More information regarding Dataxet’s privacy policy is available at https://www.dataxet.co/privacy-policy

5. Term and termination

5.1 This EULA shall be valid and will continue for as long as you receive the Services.

5.2 Without prejudice to any rights that it may have, Dataxet may terminate this EULA at any time and without notice to you.

5.3 On termination of this EULA for whatever reason you shall promptly purge all Information from the Services that you have stored.

6. Disclaimer and Limitation of Liability

6.1 YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICES AND ANYTHING CONTAINED WITHIN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, PRODUCTS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT DATAXET MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

6.2 Dataxet does not warrant that the Services are compatible with your equipment or that the Services, or e-mail sent by Dataxet or its representative, are free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Dataxet and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Dataxet, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Services and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Dataxet by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Services caused by your computer equipment or arising from your use of the Services on such equipment. The Online Media Content, Social Media Content and content of other services, products, or advertisements that may be linked to the Services is not maintained or controlled by Dataxet. Dataxet is therefore not responsible for the availability, content, or accuracy of Online Media, Social Media, other services, or products that may be linked to, or advertised on, the Services. Dataxet does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any Online Media Content, Social Media Content, other services, products, or advertisements that may be linked to the Services; or (c) make any endorsement, express or implied, of any Online Media Content, Social Media Content, services, products, or advertisements that may be linked to the Services. Dataxet is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Services. You understand that Dataxet and/or third party contributors to the Services may choose at any time to inhibit or prohibit their content from being accessed.

7. Governing laws

7.1 This EULA shall be governed by, construed, and take effect in accordance with the laws of Thailand.