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Terms of Service

Last updated: 29 July 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Disirius PTE LTD (D. B. A. Higrowth) ("Company", “we”, “us”, or “our”), concerning your access to and use of our website, web application, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and must discontinue use immediately.

2. Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. Your continued use of the Site after the date any revised Terms are posted will constitute your acceptance of the changes.

3. Definitions

  1. "Account": An account created by an Authorized User to access the Services.
  2. "Content": Any data provided by the Customer in the course of using the Services.
  3. "Customer": You and any entity on whose behalf you use the Services.
  4. "Generated Content": Content generated by the Services for the use of the Customer.
  5. "Intellectual Property Rights": All intangible legal rights, titles, and interests, including inventions, patents, trademarks, copyrights, trade secrets, and all other proprietary rights.
  6. "Reasonable Usage": Use of the Services consistent with typical usage patterns of the Company’s customers.
  7. "Services": Services hosted by the Company, including the Higrowth Platform and APIs.

4. User Representation

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update it as necessary.
  3. You have the legal capacity and agree to comply with these Terms.
  4. You are not a minor in the jurisdiction in which you reside.
  5. You will not access the Site through automated or non-human means.
  6. You will not use the Site for any illegal or unauthorized purpose.
  7. Your use of the Site will not violate any applicable law or regulation.

5. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Intellectual Property Rights

  1. Ownership: The Site and its content, features, and functionality are and will remain the exclusive property of [Your Company Name] and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries.
  2. Limited License: You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

7. Fees and Payment

  1. Payment Terms: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date.
  2. Subscription Fees: Access to the Service is provided on a subscription basis, billed in advance on a monthly or annual basis. All payments are non-refundable.
  3. Late Payment: If payment is not received within fifteen (15) days after the due date, we may suspend your access to the Service until payment is made in full.

8. Cancellation

You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please contact us at [Your Contact Information].

9. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:

  1. Systematically retrieving data or other content to create or compile a collection, compilation, database, or directory without written permission from us.
  2. Tricking, defrauding, or misleading us and other users.
  3. Circumventing, disabling, or otherwise interfering with security-related features of the Site.
  4. Using any information obtained from the Site to harass, abuse, or harm another person.
  5. Making improper use of our support services or submitting false reports of abuse or misconduct.
  6. Engaging in unauthorized framing of or linking to the Site.
  7. Uploading or transmitting viruses, Trojan horses, or other material that interferes with the use or enjoyment of the Site.
  8. Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. By submitting or posting Contributions, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform the Contributions in connection with the Site.

11. Contribution License

You retain full ownership of your Contributions. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

12. Site Management

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms.
  2. Take appropriate legal action against anyone who violates the law or these Terms.
  3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof.
  4. Remove or disable all files and content that are excessive in size or burdensome to our systems.
  5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

13. Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Site. We may terminate your use or participation in the Site at any time, without warning, in our sole discretion.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

16. Governing Law

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

17. Dispute Resolution

  1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.
  2. Binding Arbitration: Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration. The seat of arbitration shall be Singpore. The language of the proceedings shall be English.

18. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

19. Disclaimer

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof.

20. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your use of the Site.
  2. Breach of these Terms.
  3. Any breach of your representations and warranties set forth in these Terms.
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights.
  5. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

22. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

23. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

24. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

25. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Disirius PTE LTD

199, Telok Kurau Road, Singapore 423833

info@higrowth.ai