Agreement between User and Carecam 3DGait
Carecam Terms of Service
Welcome, and thank you for your interest in Carecam Pte Ltd. (“Carecam,” “we”, “us” and “our”) and our website at https://carecam.ai/, along with our related websites, hosted applications, mobile applications, and other services provided by us (collectively, the “Services”).
Acceptance of the Terms
In order to use Carecam Services, you are required to accept and agree to be bound by these Terms.
You agree that Carecam is not responsible and shall not be liable for any data you transmit and store through the use of our Services. You are solely responsible for any data that is transmitted or stored on our Services In accessing and using our Services, you warrant that you will comply with all applicable laws and regulations, including to ensure that any data transmitted or stored on our Services does not contravene any applicable laws and regulations. If you are a user accessing or using the Service, you represent and warrant to us that: (i) You are at least 18 years old and have the requisite legal capacity in accordance with the applicable laws to agree to these Terms; or (ii) If you are under 18 years old, your parent or legal guardian has agreed to these Terms on your behalf, set up your Account for you, and supervises your use of the Service. If you are a parent or legal guardian of a child under the age of 18 who would like to access and use the Service, you, on your own behalf and your child’s behalf, agree to these Terms and to supervise your child’s use of the Service, and acknowledge that your child’s use of the Service will be subject to these Terms.
Modification of the Terms
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement, delete, or update these Terms. We will post the revised Terms on our website from time to time. Revisions will be effective immediately except that, for existing users, material revisions will be effective thirty (30) days after posting or notice to you of the revisions unless otherwise stated. Please do not use the Services if you do not agree to the changes. By continuing to use the Services, you agree to be bound by the amended and restated Terms.
Accounts and Registration
To use the Services, you must register for an account. The account registration information includes, but not limited to, your account name, photo, password, and all the information entered when registering or updating the Services account.
- When you register for an account, you shall abide by all applicable laws and regulations.
- If in Carecam’s own opinion, if any part of your registration and login information, profile including pictures, images, videos, or other content or bios contain what we consider to be illegal, harmful, offensive, incorrect or untrue, false or inflammatory information, Carecam may in our sole discretion require you to immediately correct or delete the information, or Carecam may decide in accordance with our policies to suspend your use or cancel your account immediately and notify the relevant authorities. If your access to any account is fraudulent, Carecam has the right to immediately suspend or cancel the account (whether temporarily or permanently), and report this to the relevant authority.
- You are responsible for the Services account that you have registered. You agree that you are solely responsible for safekeeping and maintaining the confidentiality of your username and password to the account, and must not disclose to any person your password and must not authorise any person to use your password for any purpose whatsoever. You agree to take all necessary measures and all due care to protect your password against misuse by third parties.
- If you suspect or become aware that someone else has access to or used your account and password, or suspect or become aware of any unauthorised use of your account, you should immediately notify Carecam at email@example.com and request Carecam to suspend the related Services. At the same time, in response to your request you understand that a reasonable time limit is required for Carecam to review the request and take the appropriate action. In any case, you agree and acknowledge that Carecam is not responsible for your loss.
- You agree not to impersonate or mispresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. For the avoidance of doubt, we reserve the right to, at our sole discretion, reject your application for an account. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. You agree to cooperate and extend to us any assistance that we may reasonably require for such verifications.
Fees and Payments
- Carecam reserves the right to determine pricing for the Service. You agree to pay all applicable fees set forth in the Pricing page of our website. You may purchase the Services directly by online payment from your account. Unless otherwise agreed between you and us in writing, we may notify you of any increase or rise of the price of any existing Services or service functions.
- Unless otherwise specifically provided for in these Terms, all fees are non-refundable.
- Your use of our Services will be billed on a monthly basis, as further described in clause 4.e. below. You authorise Carecam to collect any and all payments of any orders placed by you and those selected by you and set forth in this clause or published by Carecam in the method of payment selected in your account. If you pay any fee with a credit card, Carecam may pre-authorise your credit card account before your purchase so as to verify if the credit card is valid and if the funds or credit limit is sufficient to cover your purchase price. If you do not have sufficient funds in your account or any due payment is rejected by your credit card, we reserve the right to suspend the services to your corresponding account until you pay off the arrears. Unless otherwise stated, any and all fees and other charges shall be denominated in Singapore dollars, and all amounts shall be paid in Singapore dollars.
- To ensure the timely availability or continuous provision of the services, you shall abide by this clause and the billing rules of the services adopted herein and pay any fees in a timely manner. We will send you the bill within the first five (5) working days of each month for any costs and expenses incurred by you in the previous month. If you have any objections to the billed amount provided by us, you shall file a complaint to us within two (2) working days upon receipt of our bill. In case no objection is proposed within such period, it shall be deemed that you agree to the billed amount provided by us, in which case the system will collect from you all outstanding fees incurred.
- Carecam reserves the right not to provide any Services and/or technical support to you (for pre-paid Services) or to suspend the provision of the services and/or technical support (for post-paid Services) until you have paid all the fees as agreed. You understand and agree that Carecam reserves the right to hold you legally liable for your default on the payment for any Services provided to you.
- Any and all fees payable by you do not include and you agree to bear and be responsible for paying any applicable taxes, including but not limited to the goods and services tax, import and export tariffs, withholding tax, and similar tax assessments, which include but are not limited to sales, use, and value-added tax (“Additional Fees”) excluding any taxes levied based on Carecam’s net income.
- Upon your written request for an invoice to the Carecam customer service staff for the invoice. Carecam will send you the requested invoice within thirty (30) working days. The invoice and your delivery information are subject to the information you provide, and Carecam is not responsible for the consequences caused by inaccurate information provided by you.
- Carecam may in our sole discretion make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. You fully understand that all free service items and price-related activities of the Services are one-time special discounts in addition to the normal service price. Where applicable, you may be required to pay for modification, update and maintenance fees of the complementary service items, and the complementary service items cannot be deducted and cannot be exchanged for cash. Any complementary service account balance shall apply after the payment of the relevant fees arising from your use of our Services.
- The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”), unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorise Carecam or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date to the payment method associated with your account or that you otherwise provide to us. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service five (5) days before it renews in order to avoid billing of the next periodic applicable fees and taxes to your account. You may cancel the Subscription Service by contacting us at firstname.lastname@example.org.
- Carecam may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, you will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then we reserve the right to delete your account or User Content (defined in Clause 10) associated with your account without any liability to you.
- If you have any dispute with any charge related to your account, please contact us at email@example.com within sixty (60) days of our billing to you. We will use reasonable endeavours to resolve the dispute within thirty (30) days from receiving your dispute notice.
Modification, Suspension and Termination of Services
- The Services are constantly changing and improving. We may add or delete features to the Services, or suspend temporarily or permanent some Services, at our sole discretion. If there is a major change to the Services or these Terms, Carecam shall announce the material change in the appropriate place on the website or Services platform in advance. If you continue to use the Services, it is deemed that you have accepted the above changes. If you do not accept the above Service changes, you have the right to continue using the Services in accordance with the content and standards before the change, until the prepayment under the valid order corresponding to the part of the service is exhausted or you stop using the Services.
- If you are a consumer as defined under the Singapore Consumer Protection (Fair Trading) Act 2003, Carecam shall announce the material change in the appropriate place on the website or Services platform in advance, and request for your written consent to these material changes. If you do not accept the above Service changes, you have the right to continue using the Services in accordance with the content and standards before the change, until the prepayment under the valid order corresponding to the part of the service is exhausted, and upon so your access to the Services shall be terminated.
- If we delete, suspend or terminate part or all the Services due to business development, except if otherwise required under applicable law, Carecam has the right to directly process refunds for the unused part of the fees you paid in advance, as well as clear your service account balance, recharge, vouchers and coupons relating to such parts of the Services.
- In using our Services, you agree to comply with all applicable laws and regulations relating to data protection and privacy.
Neither you nor Carecam shall be responsible for acts, events, omissions or accidents caused by unforeseen, unavoidable and insurmountable events, including but not limited to natural disasters (including earthquakes, storms or other natural disasters), terrorist acts, wars or similar wars acts, civil disturbances, pandemics, epidemics, riots, electrical, network or communication interruptions, blockades, embargoes, fires, floods, explosions or malicious destruction, factory or equipment failures, or any laws, government orders, rules, regulations, directives or industry standard changes (each, a “Force Majeure event”).
Both you and Carecam shall use reasonable efforts to mitigate the impact of the Force Majeure event. If the Force Majeure event continues for more than sixty (60) days, either party may, upon written notice, terminate the Services affected by the Force Majeure event. This clause does not relieve you of your payment obligations under these Terms.
Guarantee and Use Rules
- You warrant and guarantee that you will comply with all applicable national laws and regulations, industry practices and social public ethics, when you use the Services or publish content through the Services, and will not use the Services to store, publish or disseminate the following content or information:
- Content that violates applicable laws, regulations and policies;
- Political propaganda or news information that violates applicable laws and regulations;
- Information involving state secrets or security in violation of applicable laws and regulations;
- Obscene, pornographic, sexually explicit material or information that instigates crime or promote any illegal activity;
- Content relating to sweepstakes, contests, or lotteries, or otherwise related to gambling;
- Information that violates national ethnic and religious policies;
- Information that hinders the safe operation of the Internet;
- Information that is illegal and detrimental to public order, social and national security, and public morals;
- Content that is obscene, offensive, illegal, unlawful, fraudulent, defamatory, libellous, harassing, hateful, inflammatory, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Content that promotes violence;
- Content that promotes discrimination of any kind whether based on race, sex, religion, nationality, disability, sexual orientation or age;
- Content that infringes any intellectual property rights;
- Content that is likely to deceive any person or amount to fraudulent misrepresentation;
- Content that is published or disseminated in breach of any legal duty owed to a third-party, such as a contractual duty or a duty of confidence;
- Content that gives the impression that it emanates from us if that is not the case; and,
- Content that advocates, promotes or assists any unlawful act such as, for example, copyright infringement or computer misuse.
You irrevocably and unconditionally represent and warrant that any content you post or upload on the Services complies with the content standards set out above.
We will not be responsible or liable to any third-party for the content or accuracy of any content stored, published, or disseminated by you through Services. We do not undertake to moderate or review any content or any other material before it is stored, published, or disseminated by you through Services, and cannot ensure prompt removal of objectionable material after it has been posted or uploaded. Hence, we assume no liability for any action or inaction regarding any such transmissions, communications, provided by you.
Notwithstanding, if we, in our sole discretion, determines that you are in violation of any of the above commitments relating to content standards, Carecam has the right to terminate these Terms (including your access to the Service) and where applicable, impose corresponding compensation from you.
- You shall comply with all other regulations and procedures of the Services. You will be legally liable for your actions in using the Services. Your legal liability includes, but is not limited to: indemnifying Carecam for all damages, liabilities, and reasonable costs incurred by Carecam arising from a claim by a third party for your use of the Services. If you violate any of these Terms, Carecam has, in its sole discretion, the right to take immediate actions, including to suspend or terminate some or all of the Services provided to you.
- For the information you publish using the Services, Carecam reserves the right (but is not obliged to) of keyword filtering of the information you send and receive according to applicable laws and regulations. If Carecam determines that any content transmitted violates applicable laws and regulations, Carecam has the right (but is not obliged) to carry out any appropriate acts including, but not limited to, investigating the incident and/or reporting the incident to the relevant regulatory authority.
- If your activities through the Services need permission or approval from the relevant state department, you warrant that you have obtained any such permission or approval before using the Services.
- You shall not modify, translate, publish, adapt, rent, sub-license or otherwise disseminate or transfer Carecam Services and its software, nor shall you reproduce, adapt, create a derivative work, reverse engineer, decompile, decrypt, reverse assemble, or attempt to use other methods to process any source code of the Services, except with the written permission of Carecam.
- You warrant that you shall not abuse the Services, including but not limited to infringe intellectual property rights or legitimate interests of Carecam or others using the Services, and you must not provide services that directly compete with the Services to third parties by utilising the Services. If you violate any of these Terms, Carecam has, in its sole discretion, the right to take immediate actions, including to suspend or terminate some or all of the Services provided to you. If a third-party organisation or individual raises a question or complaint to Carecam against you, Carecam will provide you with reasonable notification, and you are responsible for explaining and providing supporting materials within the time period specified in our notification to you. If you fail to provide feedback and/or any relevant information within the time limit, Carecam may take measures including but not limited to immediately terminating or suspending your access to the Service, or deleting any information in Carecam’s sole discretion. Carecam’s failure to contact you due to your failure to update your contact information or incorrect contact information will also be deemed as your failure to provide feedback on time.
- The Services are provided to you on an “as is” basis. To the maximum extent permitted by law, we disclaim all warranties: (i) of any kind, whether express or implied, unless provided otherwise herein; (ii) relating to merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of the course of dealing or usage of trade ; (iii) of any kind that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (iv) regarding the quality of the Services, or the accuracy, timeliness, truthfulness, completeness, or reliability of the Services. You understand that, in the event that there are defects in the Services, such defects are unavoidable, and you agree that the existence of such defects will not be regarded as a breach of the Services. You agree to work with Carecam to assist Carecam in solving and/or rectifying any of such defects.
Limitations of Liability
You acknowledge and agree that:
- To the maximum extent permitted by law, we will not be liable whatsoever for any and all of the risks or liability arising out of your access to and use of the Services.
- To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, exemplary, consequential or punitive damages. The foregoing includes any loss of profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substituting products or services, or for any damages for personal or bodily injury, or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Services, and/or from any communications or interactions via the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other grounds of action, and whether or not we have been informed of the possibility of such damage.
- In the event that Carecam is liable to you under these Terms for whatever reason, Carecam’s liability shall be limited to the greater of the following: (i) the fees paid by you for using the Services in the month that such liability is incurred; or (ii) SGD$100.
- The Services contains intellectual property rights, including but not limited to source codes, object codes, pages, documents and images, graphics, trade marks, trade names, logos, audio and video, data, design, compilation, software, and all other elements (“Materials”), that are the exclusive property of us and where applicable, our licensors. As such, we require you to not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You can only use the Services under the written authorisation of Carecam. Without the written consent of Carecam, you cannot edit, copy, re-engineer or use the Services contents for any profit or non-profit purposes. You cannot create derivative products related to the Services, or authorise a third party to implement, utilise and transfer the above intellectual property rights by means of transfer or licensing.
- Carecam has the right to place various advertisements and promotional information in or through the Services. The names of Carecam products and services mentioned in the Terms may be the trade marks or and other intellectual property rights of Carecam or its affiliates. Without the prior written consent of Carecam, you shall not display or use Carecam products or service names in any way, and you must not show to others that you have right to display them. In the course of your use of the Services, you must ensure that you do not infringe our (or where applicable, our licensors’) intellectual property rights or the intellectual property rights of any other third party.
- Certain features of the Service may permit users to record, submit, upload, publish, or otherwise transmit (“Post” or “Posting”) content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms. In this case, you own the complete intellectual property rights of the User Content. When you provide User Content, you will grant Carecam a free, non-exclusive, worldwide license to use, distribute, disseminate, copy, modify, licence, sublicense, translate, exploit, create derivative works, publish and display the content; and provided, further, that you shall not be entitled to any compensation whatsoever in connection with the use and enjoyment of our rights described above.
- By Posting User Content to the Service and making it available to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
- You must not post User Content if you are not the owner of or are not fully authorised to grant rights in all of the elements of that User Content. Carecam disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service.
- Carecam endeavours to maintain the security and convenience of all services it provides, but shall not be liable for the deletion or storage failure of the information that appears in the Services (including but not limited to the information posted by you). In addition, Carecam has the right to determine whether your behaviour conforms to the requirements of these Terms. If you violate the provisions of the Terms, Carecam has the right to suspend or terminate your use of the Services.
- Carecam may, in our sole discretion, impose or modify limits on the size of the files embodying your User Content you may store on the Service from time to time. You may not be able to Post any additional User Content once you have reached the limit associated with your Account. Carecam is not obligated to, and will have no liability for, any inability to Post or loss of User Content due to such limits, unless we agree otherwise in writing (such as if you purchase additional storage on the Service from us).
You shall keep confidential Carecam’s trade secrets and confidential information, the contents of the Services and Terms, and the relevant information and exchange documents generated during your use of the Services (collectively as “confidential information”). The confidential information shall not be disclosed, given or transferred to any third party without Carecam’s prior written consent.
- All notifications to you can be delivered via email, regular mail, or the announcements section of Carecam’s website. Carecam will deliver a message to you in one of the above ways to inform you of the modification of these Terms, or to the Services, or for other matters.
- To provide you with a timely and comprehensive understanding of the Services provided by Carecam, you consent to and agree that Carecam may send you marketing emails relating to your use of the Services.
- When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
Governing Law and Dispute Resolution
- The use of the Services, and these Terms, shall be governed by and interpreted in accordance with the laws of Singapore.
- Any dispute arising out of or in connection with these Terms, the use of the Services, and communications from us, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved by the courts of Singapore.
- Nothing in these Terms will be deemed to waive, preclude or otherwise limit the right of either part to seek preliminary injunctive relief and/or other equitable relief.
If any provision of these Terms, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: (i) such provision or part will, to that extent, be deemed not to form part of these Terms, but the legality, validity and enforceability of the remainder of these Terms is not affected; and (ii) the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.
A failure by Carecam to exercise or enforce any rights conferred upon us by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Survival of Clauses under these Terms
The termination of these Terms shall not affect the survival of clauses which are, whether expressly or impliedly, deemed to survive such termination, including but not limited to Clauses 1, 9, 10, 12, 14 and 16.
- When you use the Service, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings.
- You agree not to knowingly or recklessly introduce a virus, adware, spyware, worm, malicious code or other harmful component, or otherwise tamper with, impair or damage any Service, or interfere with any person or entity’s use or enjoyment of any Service.
- The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
- These Terms are the entire agreement between you and us in relation to your access and use of the Services and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.
- The rights to access and use the Services is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms. We may freely assign, transfer or sub-contract these Terms or its rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
- These Terms are entered into between you and us. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of the terms of these Terms.
The Service is offered by Carecam Pte Ltd located at 68 Circular Road, #02-01. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.