Terms of Service
Terms of Service of “AI Data Extract”
1. Your relationship with the company
1.1 Your use of the company’s products, plugin, services and websites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and the company. “The company” means TS CLOUD PTE. LTD.. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with the company, your agreement with the company will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with the company will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the company in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by actually using the Services. In this case, you understand and agree that the company will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with the company, or (b) you are a person barred from receiving the Services under the laws of Taiwan, or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print out or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where the company has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with the company.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by the company
4.1 The company has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of the company itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 The company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the company provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that the company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at the company’s sole discretion, without prior notice to you. You may stop using the Services at any time.
4.4 You acknowledge and agree that if the company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while the company may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by the company at any time, at the company’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you are required to provide information about yourself (including identification, contact details and company domain, etc. ) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to the company will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Taiwan or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the company, unless you have been specifically allowed to do so in a separate written agreement with the company.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate written agreement with the company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that the company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the company may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to the company for all activities that occur under your account.
7. Privacy and your personal information
7.1 For information about the company’s data protection practices, please read the company’s privacy policy at https://tscloud.work/privacy. This policy explains how the company treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with the company’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the company or by the owners of that Content, in a separate written agreement.
8.3 The company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, the company may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You agree that you are solely responsible for (and that the company has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the company may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that the company (or the company’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company’s prior written consent.
9.2 Unless you have agreed otherwise in writing with the company, nothing in the Terms gives you a right to use any of the company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
9.4 Unless you have been expressly authorised to do so in writing by the company, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from the company
10.1 The company gives you a personal, worldwide, non-assignable and non-exclusive license to use the plugin provided to you by the company as part of the Services (referred to as the “plugin” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the company, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the company, in writing.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content, you give the company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling the company to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for the company to make such Content available to other companies, organizations or individuals with whom the company has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that the company, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the company to take these actions.
11.4 You confirm and warrant to the company that you have all the rights, power and authority necessary to grant the above license.
12. Services updates
12.1 The Services which you use may automatically download and install updates from time to time from the company. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the company to deliver these to you) as part of your use of the Services.
13. Ending your relationship with the company
13.1 The company may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) the company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(D) the provision of the Services to you by the company is, in the company’s opinion, no longer commercially viable.
13.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 The Services are provided “as is” and the company, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
14.2 In particular, the company, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any plugin provided to you as part of the Services will be corrected.
14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
15. Limitation of Liability
15.1 Nothing in these Terms shall exclude or limit the company’s liability for losses which may not be lawfully excluded or limited by applicable law.
15.2 Subject to overall provision in paragraph 15.1 above, the company, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which the company may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iv) your failure to provide the company with accurate account information;
(v) your failure to keep your password or account details secure and confidential;
15.3 The limitations on the company’s liability to you in paragraph 15.2 above shall apply whether or not the company has been advised of or should have been aware of the possibility of any such losses arising.
16. Advertisements
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by the company on the Services are subject to change without specific notice to you.
16.3 You agree that the company may place such advertising on the Services.
17. Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. the company may have no control over any websites or resources which are provided by companies or persons other than the company.
17.2 You acknowledge and agree that the company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that the company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
18. Changes to the Terms
18.1 The company may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, the company will make a new copy of the Universal Terms available at https://tscloud.work/ and any new Additional Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, the company will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19. General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and the company and govern your use of the Services (but excluding any services which the company may provide to you under a separate written agreement), and completely replace any prior agreements between you and the company in relation to the Services.
19.3 You agree that the company may provide you with notices, including those regarding changes to the Terms, by phone call, email, regular mail, or postings on the Services or website.
19.4 You agree that if the company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the company’s rights and that those rights or remedies will still be available to the company.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which the company is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with the company under the Terms, shall be governed by Taiwan laws. You and the company agree to submit to the exclusive jurisdiction of the courts of Taiwan to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
August, 2023