infoCARE Messaging

1. License Grant and Scope

Cyber Solution (S) Pte Ltd (also referred as CS) grants you a limited, non-exclusive, non-transferable, revocable license to access and use the infoCARE Messaging Application for the specific purposes, such as WhatsApp Messaging, WABA management and Meta Graph API . This license is strictly for internal business operations or as defined in the agreement, and it does not convey any ownership rights in the Application itself. Any use outside the defined scope is prohibited.

2. Use Restrictions and Acceptable Use

It is prohibited to use this Application in the following

  • Reverse engineer, decompile, or attempt to derive the source code of the Application.
  • Use the Application to build a product or service that competes with our solution.
  • Sublicense, sell, or distribute to third parties.
  • Transmit any malicious code or use for illegal, deceptive, or harmful activities.

3. Security and Credentials

The user is responsible for maintaining the security of their  passwords, and other credentials. They must:

  • Keep access credentials confidential and not share them with any third party.
  • Notify us immediately if a security compromise is suspected.

4. Intellectual Property (IP) and Ownership

Cyber Solution retain all rights, title, and interest in the Application, its documentation, and all associated intellectual property. The user retains ownership of their own WABA and associated tokens etc. Any feedback provided by user/business to enhance/modify the Application, it is assumed that they grant us a perpetual, irrevocable right to use that feedback without any obligation to them.

5. Data Rights and Privacy

5.1 Ownership of User Data

You (the “User”) retain all right, title, and interest in and to all data, content, and information that you submit, upload, or transmit to or through the API (“User Data”). Nothing in this Agreement grants us any ownership rights in your User Data.

5.2 Limited License to Process

You grant us a non-exclusive, worldwide, royalty-free, fully paid-up license to access, use, copy, store, transmit, and display your User Data solely as necessary to: (a) provide, operate, maintain, and secure the Application; (b) respond to your support requests; and (c) as otherwise required by applicable law. This license is strictly limited to the duration of your use of the Application and terminates upon deletion of your User Data or termination of this Agreement.

5.3 Data Privacy and Security

CS agree to implement and maintain industry-standard administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your User Data. CS will not sell, rent, or share your User Data with any third party for their own marketing or advertising purposes.

6. Service Availability and API Changes

CS strive to always maintain the availability and performance of our services. However, it does not warrant that the service will be uninterrupted, error-free, or completely secure.

You acknowledge that the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Furthermore, the CS shall not be held liable for any downtime, interruption, or unavailability of the Service caused by factors beyond its reasonable control, including but not limited to:

 

  • Force Majeure Events: Acts of God, natural disasters, war, terrorism, riots, civil commotion, or governmental actions.
  • Infrastructure Failures: Power outages, telecommunications network failures, internet service provider outages, or failures of third-party hosting providers.
  • Cyber Attacks: Distributed Denial of Service (DDoS) attacks, malware infections, hacking, or other malicious cyber activities.
  • Third-Party Services: Downtime or failure of third-party software, APIs, payment gateways, or data feeds that the Service relies upon.
  • Emergency Maintenance: Urgent security patches or critical bug fixes that require immediate implementation to protect the integrity of the system.

In such events, CS will make reasonable commercial efforts to restore the Service as quickly as possible, but these efforts do not constitute a guarantee of restoration time.

7. Disclaimer of Warranties

THE APPLICATION AND ALL RELATED DOCUMENTATION, SUPPORT, AND SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS. ANY RELIANCE ON THE API IS AT YOUR SOLE RISK.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE API, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE API SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE USE OF THE API DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM

9. Indemnification

You agree to indemnify, defend, and hold harmless Cyber Solution (S) Pte Ltd and its employees from and against any third-party claims, damages, or expenses (including reasonable attorneys’ fees) arising solely from:

9.1 Your gross negligence, fraud, or wilful misconduct in connection with your use of the Application; or

9.2 Your violation of applicable laws or third-party rights, including intellectual property or data privacy laws.

10. Term and Termination

Either party can terminate agreement by providing one month of notice or as the agreement terms define.

11. Governing Law and Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Singapore