Terms of Service
Welcome to ByteHouse, a unified data platform to speed up big data analytics with scalable computing and distributed data layers.
BytePlus Pte. Ltd. (“BytePlus”, “we”, “our” or “us”) provides the services to you subject to the Terms of Service (“Terms”) as below. BytePlus Pte. Ltd is a company incorporated in the Republic of Singapore and having its registered office at 1 Raffles Quay, #26-10, South Tower, Singapore 048583. The website and its related services, products, software program and content are collectively referred to herein as the service(“Services”).
1. Use of Service
By accessing the Services, you hereby confirm that you have the legal capacity to enter into a binding contract with BytePlus, that you have read and understood these Terms, and that you agree to be bound by them. Your access to and use of the Services is subject to your compliance with these Terms. We may change or discontinue any of the Services from time to time. We will provide you reasonable notice if we discontinue the material functionality of a Service that you are using.
2. Your Account
To access the Services, you must have an account associated with a valid email address and a valid form of payment. Unless explicitly permitted by these Terms, you will only create one account per email address. The account information means information about you that you provide to us in connection with the creation or administration of your BytePlus account. For example, account information includes username, password, email addresses, country and billing information associated with your account.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us. You shall be solely responsible for all activities that occur through the use of your account prior to its termination, including but not limited to any data analysis and statistics, making of payments and other operations, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, or agents). We reserve the right to disable your account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, including the provisions of our Acceptable Use Policy.
You are able to close your account via the mechanism provided by BytePlus. Following closure of your account, we will delete your resources or data except as otherwise agreed. Please make sure your resources or data stored has been copied and transferred as appropriate before closing your account.
3. Your Liability
You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to these Terms, your information or use of the Services. You are responsible for end users’ use of the Services. You will ensure that all end users comply with your obligations under these Terms and that the terms of your agreement with each end user are consistent with these Terms. If you become aware of any violation of your obligations under these Terms caused by an end user, you will immediately suspend access to the Services by such end user. We do not provide any support or services to end users unless we have a separate agreement with you or an end user obligating us to provide such support or services.
4. Intellectual Property Rights
All Intellectual Property Rights in and to the Services belong to BytePlus or the applicable third party owner of such rights. Nothing in these Terms shall operate to transfer ownership of any such Intellectual Property Rights to you.
You shall not, without BytePlus’s prior written consent:
(a) use any trademarks, service marks, logo, trade names, domain names, website names, other distinctive brand features or specific descriptions which will allow a third party to identify BytePlus and/or its affiliates, including without limitation to “BytePlus”, “DataRangers”, “DataFinder”, “DataPlayer”, and “ByteDance” (hereinafter collectively referred to as “ Proprietary Markings ”) belonging to BytePlus and/or its affiliates;
(b) with respect to any of the aforementioned Proprietary Markings (whether in itself or in combination with any other elements), display, use, apply for registration of trademarks, apply for registration of domain names, or represent to any other persons, whether expressly or impliedly, that you have the right to display, use or to otherwise dispose of the Proprietary Markings;
(c) modify, alter, remove, delete or destroy any BytePlus Proprietary Markings or proprietary legends placed upon or contained within the Website or any related materials or any Documentation; and
(d) take any action which would cause the Website or any part thereof to be placed in the public domain or to become open source software or permit any third party to do so.
Unless otherwise agreed, you hereby grant to BytePlus and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable right and license without any license fee to access and use any data collected from you, or stored or uploaded by you, during your access to or use of the Services, for any purposes relating to our operation and provision of the Services.
5. Fees and Payment.
You will pay us the applicable fees and charges for use of the Services as described using one of the payment methods we support. All amounts payable by you under these Terms will be paid to us without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Services or new feature of a Service will be effective when we post updated fees and charges, unless we expressly state otherwise in a notice.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under these Terms. All fees payable by you are exclusive of indirect taxes, except where applicable law requires otherwise. We may charge and you will pay applicable indirect taxes that we are legally obligated or authorized to collect from you. You will provide such information to us as reasonably required to determine whether we are obligated to collect indirect taxes from you. We will not collect, and you will not pay, any indirect taxes for which you furnish us a properly completed exemption certificate or a direct payment permit certificate for which we may claim an available exemption from such indirect taxes. All payments made by you to us under these Terms will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under these Terms. We will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under these Terms.
To the fullest extent permitted by applicable law, you acknowledge and agree that the website, and all information, content, materials, products on or otherwise made available to you through this website are provided on an “as-is” and “as-available” basis and with faults. BytePlus does not make any representations or warranties, whether express, implied, statutory or otherwise regarding the website, and specifically disclaims and excludes all implied warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law, including without limitation, any implied warranty of merchantability, of satisfactory quality, of timeliness, of effectiveness, of accuracy, or of fitness for a particular purpose. In particular, BytePlus does not warrant that the Services will meet your requirements, operate without interruption, achieve any intended result, be compatible or work with any software system or other services, will not infringe any person’s rights (including intellectual property rights), will be secure, accurate, complete, up to date, effective, uninterrupted or error-free, or will not contain any harmful code. No oral or written information or advice given by BytePlus or its representatives shall create any warranties, representations, conditions or any other terms of any kind whatsoever implied by statute or common law. Your use of the websiteis entirely at your own risk.
7. Limitation of Liability
Nothing in these Terms excludes or limits BytePlus’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
Subject to this clause, under no circumstances shall BytePlus be liable to you for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or other damages (including without limitation to damages for loss or interruption of business, loss of data, loss of goodwill, loss of business reputation, loss of profits or third party costs), under any theory of liability, including without limitation contract, negligence, strict liability, or other theory arising out of or relating in any way to your use of or access to the Website, even if BytePlus has been advised of the risk of such damages. To the maximum extent permitted by applicable law, BytePlus’s maximum aggregate liability to you arising out of or relating in any way to your access to and use of the Website shall not exceed US$500.
8. Third Party Links
The Services may contain third party links. Should you leave our Services via such a link, the content that you view in such linked web pages or websites and/or applications owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing to the linked web page or website and/or application, and/or the content at those web pages or websites and/or applications. We make no guarantee, representation or warranty as to, and have no liability for, any content at those web pages, websites and/or applications, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations or warranties arising from usage, custom of trade or by operation of law.
Any such link to other linked web pages or websites and/or applications of the Services does not constitute an endorsement, authorization, verification or representation that we are affiliated with the operators or owners of those linked web pages, websites, applications or the contents contained therein.
You agree that your access to and/or use of such linked web pages or websites and/or applications is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein. To the extent you choose to use the products or services provided by linked web pages, websites and/or applications, you are solely responsible for your compliance with applicable law. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any linked web pages, websites and/or applications at any time without notice or liability to you.
If you elect to provide any feedback or comments to BytePlus related to the Services (“Feedback”), and unless we indicate otherwise, you grant BytePlus a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media. You grant BytePlus and sublicensees the right to use the name that you submit in connection with such Feedback, if they choose.
BytePlus shall have the right to use and disclose such Feedback in any manner and for any purpose in BytePlus’s discretion without remuneration, compensation or attribution to you, provided that BytePlus is under no obligation to review, consider, or implement such Feedback.
Notwithstanding anything herein to the contrary, BytePlus may use and publish your testimonials and Feedback regarding the Services in publications, presentations and marketing assets used by BytePlus.
10. Changes to Terms
We may amend these Terms from time to time, including, for instance when we update the functionality of the Services or when there are regulatory changes. We will use commercially reasonable efforts to provide reasonable notice to all users of any material changes to these Terms, such as by e-mail and/or placing a notice on our website/platform. However, you should look at these Terms regularly to check for such changes. We will also update the “Update time” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using all Workplaces and any other Service.
11. Applicable Law and Jurisdiction
These Terms and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with laws of the Republic of Singapore without giving effect to any choice or conflict of law provision or rule whether of the Republic of Singapore (or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the Republic of Singapore.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which SIAC Rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
12. Entire Agreement
13. No Waiver
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right in these Terms.
14. Privacy and Security
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
16. No Assignment
You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us. We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
17. Rights of Third Parties
A person or entity who is not a party to these Terms shall have no right under the Singapore Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms.
Updated almost 2 years ago