Terms of Service

GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH BIZ4X WEBSITE AND MOBILE APP.

Last Updated on 16 March, 2017


1. ACCEPTANCE OF THE TERMS

Thank You for using Biz4x. These General Terms of Service (the “Terms”) are intended to make You aware of Your legal rights and responsibilities with respect to Your access to and use of the Biz4x website at https://biz4x.com/ (the “Website”) and the related Biz4x mobile and software applications, available through an Application Programming Interface (“API”), including but not limited to delivery of information via the Website or Mobile App.

Please read these Terms carefully.

By accessing or using the Website or Mobile App, You are agreeing to these Terms and concluding a legally binding contract with 4xLabs Pte Ltd, a company incorporated and existing under the laws of Singapore ("4xLabs"). Do not access or use the Website and/or Mobile App if You are unwilling or unable to be bound by the Terms.

You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to You in the user interface of the Website or Mobile App; or
  • Actually using the Services ("Services" include any and all services, which 4xLabs may offer to the User, through the Website and the Mobile App). In this case, You understand and agree that 4xLabs will treat Your use of the Services as an acceptance of the Terms.

2. DEFINITIONS

4xLabs is a commercial company, providing the Services offered through the Website and Mobile App.

We

"We" or "Us" refers to 4xLabs.

Biz4x (https://biz4x.com/) is a web and mobile based Internet platform, owned by 4xLabs, a company incorporated and existing under the laws of Singapore, registered under company number 201104120M, having its seat and registered office at 37A HongKong Street, Singapore 059676, which enables users to use the Services of the Website and the Mobile App, which are the subject of these Terms.

User

"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of business management, customer acquisition, access to live rates, compliance, KYC repository etc. and includes other persons jointly participating in using the Services, including without limitation a user having access to the subscription services of the platform.

Services

"Services" include any and all services, which 4xLabs may offer to the User, through the Website and the Mobile App.

User Account

"User Account" is a separate location on the Website and Mobile App, containing User information such as username, password and other information required by 4xLabs during registration. The User Account is accessed by the User through an authentication process.

Content

"Content" will include (but is not limited to) textual, graphical and visual information published on the Biz4x Website and Mobile App, and all other forms of information or data.

Your Content

"Your Content" or "User Content" is the content, submitted by you, as a User of the Website and Mobile App. It includes, but is not limited to what You upload, share or transmit to, through or in connection with the Services, such as outlet details (address, opening hours, outlet picture etc.), foreign exchange rates, corporate documents, customer data You commit to the system and any other materials that You publicly display or are displayed in Your User Account profile.

Biz4x Content

"Biz4x Content" means content that 4xLabs creates and makes available in connection with the Services, including, but not limited to: any data and/or information published by 4xLabs in relation to the Services available on the Website and Mobile App, reports and other usage-related data in connection with the activities associated with Your User Account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than 4xLabs or its Users and is available in or through the Services.

Get4x

“Get4x” is a website and mobile app (available on Google Play and the App Store) owned and administered by 4xLabs (https://get4x.com/).

Order

“Order” refers to a transaction between You and 4xLabs for the purchase of any or all of the Services. Our ordering documentation will specify Your authorised scope of use of the Services, including but not limited to the number of authorised users, the Services accessible under the particular Order and any restrictions which may be applicable to the User. In order to complete an Order, a User has to fulfill the process described as “Order Form”. Order Form refers to the technical steps which lead to an Order, such as, but not limited to paper order form, website registration page etc.

Free Trial

Users may have access to a “Free Trial” for the use of a limited Subscription Period of Our Services for a limited period of time. Free Trial is awarded on a case by case basis. Not all Users shall be awarded a Free Trial. 4xLabs reserves the right to cancel a Free Trial at any time without a reason and to delete Your data.

Paid Subscription

“Paid Subscriptions” are subscriptions for one or more of 4xLabs' Services with a non-zero Subscription Fee associated. A Paid Subscription provides access to certain Services for a specified Subscription Period.

Free Subscription

“Free Subscriptions” are subscriptions for one or more of 4xLabs' Services with no Subscription Fee associated. 4xLabs reserves the right to cancel a Free Trial at any time without a reason and to delete Your data.

Subscription Period

“Subscription Period” is a commit period for a Paid Subscription. During the Subscription Period 4xLabs aims to not materially change the Services offered in the plan.

Subscription Fees

“Subscription Fees” means the fees for the Services paid to 4xLabs and associated with a Paid Subscription. The Subscription Fees are specified in a corresponding invoice.

Additional Fees

“Additional Fees” mean any additional charges that may occur when a User exceeds the usage limit, included in the Paid Subscription. For instance, if a given User exceeds the compliance searches included in their pricing plan of their Paid Subscription, any subsequent search may result in such Additional Fees.

Third Party Customer Acquisition Provider

“Third Party Customer Acquisition Provider” shall mean a third party associate of 4xLabs that offers customer acquisition and booking services. These services are similar to 4xLabs’ own customer acquisition services (Get4x), but are operated by verified third parties. 4xLabs shares data with such Third Party Customer Acquisition Providers and enables 4xLabs’ booking functionality to their end users.

Reseller

A “Reseller” means an individual or a legal person (company) that is authorized to sell Biz4x’s subscriptions to end-users, but is not in any employment relationship with 4xLabs.

3. USING THE SERVICES

Compliance with the laws

You are responsible for complying with all laws and regulations in the country in which You live when You access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.

Website and Mobile App Availability

The Website and Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Accounts

You must create a User Account and provide certain information about Your business in order to use (some of) the Services that are offered through the Website and Mobile App. You are responsible for maintaining the confidentiality of Your User Account password. You are also responsible for all activities that occur in connection with Your User Account. You agree to notify us immediately of any unauthorized use of Your User Account. We reserve the right to close Your User Account at any time for the reasons listed in section 18 of these Terms.

You also undertake not to share any of the 4xLabs data outside of Your organisation.

When You leave our platform, Your User Account shall be disabled.

You may not be a competitor of 4xLabs, unless by virtue of written confirmation from 4xLabs.

When creating Your User Account, we ask that You provide complete and accurate information about Your business. Please read our Privacy Policy for more information.

Ordering Process

We offer our customers multiple options to order our Services. You may order:

Directly with 4xLabs, through:
- placing an Order on our platform and following the order process provided on the Website and Mobile App;
- a face to face meeting with a member of our sales team.

Through an authorized reseller:

Please note that if You purchase a Subscription through an authorized reseller, Your scope of use shall be as stated in the order placed by the reseller for you, and the reseller is responsible for the accuracy of any such order. Resellers are not authorized to make any promises or commitments on 4xLabs’s behalf, and we are not bound by any obligations to You other than what we specify in this agreement.

Free Trial

In some cases, we can offer Free Trial of our Services. If You register for a Free Trial, we will make one or more Services available to You on a trial basis free of charge until the earlier of:

(a) the end of the Free Trial period for which You have registered to use the applicable Service(s), or

(b) the start date of any Paid Subscription(s) ordered by You for such Service(s), or

(c) Termination by us in our sole discretion.

Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these Terms by reference and are legally binding.

If You do not purchase a Paid Subscription following the expiry of Your Free Trial, we reserve the right to remove any data or migrate You to a Free Subscription where additional limitations may apply.

Paid Subscriptions

We offer a number of different Paid Subscriptions. Each Paid Subscription allows You to use different Services and may be subject to limitations. You can find detailed information regarding the various Paid Subscriptions on the corresponding page on our website and/or mobile app.

The product ordering documentation or purchase flow will specify Your authorized scope of use for the Services, which may include:

(a) number and type of authorized users;

(b) usage limitations, or

(c) other restrictions.

The order also includes any applicable Services or support and maintenance renewal, or purchases You make to increase or upgrade Your scope of use.

Subscription Renewal

Services are provided on a subscription basis for a set term specified in Your order. Except as otherwise specified in Your order, all subscriptions will automatically renew for periods equal to Your initial subscription term (and You will be charged at the then-current rates) unless You cancel Your subscription through Your account. If You cancel, Your subscription will terminate at the end of then-current billing cycle, but You will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.

Free Subscription(s)

We also offer Free Subscriptions. Please note that Free Subscriptions allow limited functionality and access to Services. Free Subscriptions are only available in certain geographical locations and for certain type of Users. Free Subscriptions can be terminated with a 30 days’ notice. If You would like to cancel Your Free Subscription, You can do so on our platform or by sending an email to admin@4xlabs.co.

Downgrading

In the case of downgrading from a Paid to a Free Subscription we cannot guarantee that all of Your data will be transferred. We cannot be held liable for any loss of data as a result of such downgrading.

Referrals

Successful referrals might be rewarded for example with an extension or upgrade of Your Subscription. Our Referral Programme may be subject to additional terms and conditions. We reserve the right to change the terms of our Referral Programme at any given moment.

Changes to Services

We aim to continuously improve existing services and add new Services, in the unlikely case that we remove an existing service or materially reduce a service during the period for which we have concluded a valid legal agreement with You through a subscription or any other contracting method for the use of our Services (“Contracting period”), then the user is eligible to a pro-rata refund for the remainder of the Contracting Period.

Communications from 4xLabs

By creating a User Account, You agree to receive certain communications in connection with the Website and Mobile App.

4. CUSTOMER RESPONSIBILITIES

Customer Information

You hereby undertake to provide information about Your business which is relevant at all times. If any information changes, You hereby undertake to notify us in due course. Such information includes, but is not limited to:

- Corporate details (registered company address, legal name, business nature etc.)
- Legal documents (licence, business registration documents etc.)

5. SERVICE SPECIFIC TERMS

Customer Acquisition Service

4xLabs has no obligation to list outlet(s) and/or to remove outlet(s).

4xLabs reserves the right to perform regular service quality checks to ensure an adequate booking experience for end customers (end customers refers to our individual customers who have access to the information provided by our Users). In case the User fails said quality checks the customer acquisition service might be limited or suspended.

Bookings can incur additional charges which are final on acceptance of the booking. The charges, if any, will be displayed on the booking request and will be final on acceptance of the booking.

You cannot publish misleading information through customer acquisition services like Get4x or any third party customer acquisition services connected through Biz4x.

You hereby undertake (in as far as possible) to honor bookings originating from Get4x or any third party customer acquisition services connected through Biz4x.

You also hereby agree to abide by the Terms and Conditions of any third party customer acquisition services You elect to publish information to.

Compliance Service

Certain plans will limit the number of compliance searches allowed in a specified period. If the number of searches are exceeded the service will be either temporarily suspended until the start of the next period or Additional Charges will be imposed.

Plans with 'unlimited' compliance searches will be subject to fair usage limitations and 4xLabs reserves the right to temporarily or permanently suspend the customer's compliance service if the customer's usage exceeds the fair usage.

With regards to information or search results, the underlying data provider may change without prior notice and cannot be a ground for refund. The same is applicable for Live Rates Service.

You hereby acknowledge the sensitive nature of the personal data with regards to the compliance Service and shall ensure that all users are:

- Appropriately trained in dealing with such sensitive personal data; - Fully understand the Permitted Purpose (“Permitted Purpose” is the purpose agreed between the parties for use of personal data); - Operate strictly within the parameters of the Permitted Purpose and all applicable regulatory requirements under the relevant applicable law.

Compliance searches need to be related to Your normal business activities, in particular, You can do compliance searches related to a normal business transaction but cannot provide the compliance searches as a standalone service. Compliance search results or lack thereof should not be shared outside of the organization, except when required by law.

Live Rates Service

The Live Rates Service allows Users to gain access to FX rates and associated data in real time.

Underlying Provider

While 4xLabs strives to always provide the most accurate information and data, we cannot guarantee that all such information and data will be accurate at all times. Reliance on such information and data is at your own risk. 4xLabs cannot be held liable for any losses or damages arising of reliance on information and data.

With regards to information or search results, the underlying data provider may change without prior notice and cannot be a ground for refund.

Other Services

With regards to Live Rates Services, Business Management Services, Know Your Counterparty Repository Services and any other Services, You hereby undertake not to store any data provided by us. You also undertake not to share such information outside of the organisation.

6. CHANGES TO THE TERMS

4xLabs may amend, change or update these Terms, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Nevertheless, we will do our best to notify You of any changes to Our Terms in due course. Your use of the Services after any such amendment or change in the Terms shall be deemed as Your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms. Please note that the latest version of our Terms, as well as the history of changes made to the Terms will always be available on our Website and Mobile App.

7. TRANSLATION OF THE TERMS

4xLabs may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for Your convenience and that the English version shall govern the terms of Your relationship with 4xLabs. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.

8. CONTENT

Responsibility for Your Content

You are responsible for the content You publish. You assume all risks associated with the content You publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that You are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by 4xLabs.

Right to use Your Content.

By submitting Your Content You hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content worldwide. This includes the right to sub-license and transfer. Please note that 4xLabs will never share Your transaction data.

By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.

You grant us the right to use the name or username that You submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.

Ownership of Content

As between You and 4xLabs, You own Your Content. We own the Biz4x Content, including, among others, textual, graphical and visual information, including (but not limited to) our database of user content and other Website and Mobile App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website and Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Biz4x Content, the Website and Mobile App. This means that You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Biz4x Content, in whole or in part, except as expressly authorized by us.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.

9. RESTRICTIONS

Without limiting the generality of these Terms, in using the Services, You specifically agree not to publish any information which may mislead our end customers or engage in any activity that, in our sole discretion:

(i)
Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii)
Violates the present Terms;
(iii)
Violates any applicable law;
(iv)
Threatens, harms, harasses others, or promotes discrimination;
(v)
Engages in keyword spamming, or otherwise attempts to manipulate the Website's and Mobile App's search results;
(vi)
Solicits personal information from minors, or submits or transmits pornography.

Apart from that, the User agrees not to:

(i)
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website and Mobile App or its Content.
(ii)
Use any robot, spider, site or mobile app search/retrieval application in the Website or Mobile App;
(iii)
Make attempts to reverse engineer any portion of the Website or Mobile App;
(iv)
Remove or modify any IP rights notice that appears on any portion of the Website or Mobile App or on any materials printed or copied from the Website or Mobile App;
(v)
Record, process, or mine information about other Users and clients;
(vi)
Attempt to gain unauthorized access to the Website or Mobile App, the User Accounts, computer systems or networks connected to the Website or Mobile App, through hacking, password mining or any other means;
(vii)
Use the Website, Mobile App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses");
(viii)
Decipher any transmissions to or from the servers running the Services;
(ix)
Attempt to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.)
(x)
Sell the Services unless specifically authorised to do so.

When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of 4xLabs, and this action should be considered as if it was included in this clause.

10. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES

We process Your personal data in accordance with our Privacy Policy and cookies in accordance with our Cookie Policy. You can always retrieve the current version of these at […]. In particular these data protection provisions govern and explain the extent to which Your personal data is collected, processed and stored and what options You have for controlling its disclosure to other Members and third parties.

Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle Your personal information.

11. THIRD PARTY WEBSITES AND CONTENT

The Services may contain, or You may be sent through the Website or Mobile App to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by 4xLabs and 4xLabs is not responsible for any Third Party Websites accessed through the Website or Mobile App or any Third Party Content posted on, available through or installed from the Website or Mobile App.

You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at Your own risk.

12. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), You agree that (i) Your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) You grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and You irrevocably waive, against 4xLabs and its users, any claims and assertions of any moral rights contained in such Feedback.

13. PAYMENT AND FEES

Fees

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever. You are responsible for paying all taxes associated with Your purchases hereunder.

We may change the fees in effect but will always give You an advance notice of these changes via a message to the email address associated with Your account.

Billing

We'll automatically bill You from the date You convert to a Paid Subscription and on each periodic renewal until cancellation. If you're on an annual plan, we'll send You a notice email reminding You that Your plan is about to renew within a reasonable period of time prior to the renewal date.

Please note that we do not allow refunds when a subscription is terminated before the renewal date.

Your Paid Subscription will remain in effect until it's cancelled or terminated under these terms. If You don't pay for Your paid account on time, we reserve the right to suspend it or migrate You to a Free Subscription with limited Services.

You hereby undertake to pay 4xLabs or the reseller all applicable fees for the Services, in the currency indicated on the order form. You authorize 4xLabs or the reseller to charge You for all applicable fees using Your selected payment method. Fees are non-refundable except as required by law or as otherwise specifically permitted in this agreement.

If any invoiced amount is not received by us by the due date, then without limiting our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.

Payment

Payment is done by credit/debit card and PayPal, cash and bank transfers. The available payment methods will be listed on Your Order Form. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If You are not using Your own credit/debit card to pay for the subscription or order, You must ask the permission of the credit/debit cardholder before entering the payment details. By clicking "Submit" You are confirming that You have obtained the express prior permission of the credit/debit cardholder. Following clearance, payment will be debited from Your account upon receipt of Your subscription/order by 4xLabs Pte Ltd.

If the issuer of Your payment card refuses to authorise payment to 4xLabs, we will not be able to process Your subscription request or order and a message will appear informing You that the transaction cannot be processed. 4xLabs, together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Website or Mobile App are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts Your card details in a secure hosting environment. We do not hold Your payment card details on the 4xLabs server.

14. INDEMNITY

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by You of these Terms or claims arising from Your use of the Website, Mobile App and/or Your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify You of any such claim, action or proceeding.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, 4XLABS PTE. LTD. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. 4XLABS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE 4XLABS SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH 4XLABS, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.

4XLABS MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS [ANY ADVERTISEMENTS OR SOMETHING ELSE] THAT CAN BE SEEN ON THE WEBSITE OR MOBILE APP OR OTHER USERS OF THE SERVICES. 4XLABS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE OR MOBILE APP.

WE DISCLAIM ALL LIABILITY ARISING OUT OF ACCIDENTAL DATA LOSS OR BREACH.

ALL RELIANCE ON INFORMATION FOUND ON OUR PLATFORM OR PROVIDED BY US IS AT YOUR OWN DISCRETION. WE ARE NOT LIABLE FOR ANY INCORRECT OR MISLEADING INFORMATION INCLUDING BUT NOT LIMITED TO MARKET DATA, COMPLIANCE DATA, RATE AND/OR DATA ON CUSTOMER ACQUISITION SERVICES ETC.

YOU UNDERTAKE TO CHECK WHETHER OUR SERVICES ARE LEGAL IN YOUR JURISDICTION.

YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK.

4XLABS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO 4XLABS FOR THE SERVICES PROVIDED IN THE PRIOR 12 MONTHS. 4XLABS DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.

16. DISPUTE RESOLUTION

You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website, Mobile App and the Services shall be resolved individually, without resort to any form of class action.

Before filing a claim against 4xLabs, You agree to try to resolve the dispute informally by contacting us on admin@4xlabs.co. We'll try to resolve the dispute informally by contacting You via email. If a dispute is not resolved within 15 days of submission, You or 4xLabs may bring a formal proceeding.

Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by You to 4xLabs for Services provided in the prior 12 months for accessing the Website, Mobile App and the Services, but in no event attorneys' fees; and under no circumstances You will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of 4xLabs.

This Agreement and all rights and obligations in connection with it are governed by Singapore law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent court in Singapore.

17. SEVERABILITY

If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.

18. TERMINATION

(i)
You may terminate the Terms at any time by closing Your User Account, discontinuing Your use of the Website and Mobile App or providing 4xLabs with a notice of termination.
(ii)
We may close Your User Account, suspend Your ability to use certain portions of the Website or Mobile App and/or ban You altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent You from accessing Your User Account, the Website, Mobile App, Your Content, Biz4x Content and/or any other related information.
(iii)
We may also close Your Account if You don’t have a Paid Subscription and haven’t accessed our Services for 12 consecutive months.
(iv)
In the event of any termination of these Terms, whether by You or us, Sections 2, 3, 6, 7, 9, 10, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
(v)
We'll provide You with reasonable advance notice via the email address associated with Your account to remedy the activity that prompted us to contact You and give You the opportunity to export Your data from our services. If after such notice You fail to take the steps we ask of you, we'll terminate or suspend Your access to the services.
(vi)
We won't provide notice before termination where:
- you're in material breach of these terms,
- doing so would cause us legal liability or compromise our ability to provide the services to our other users, or
- we're prohibited from doing so by law.
(vii)
No refund is due in case of an early termination.

Discontinuation

We may decide to discontinue the Services in response to unforeseen circumstances beyond 4xLabs' control or to comply with a legal requirement. If we do so, we'll give You reasonable prior notice so that You can export Your data from our systems. If we discontinue Services in this way before the end of any fixed or minimum term You have paid us for, we'll refund the portion of the fees You have pre-paid but haven't received Services for.

19. GENERAL TERMS

(i)
We may provide You with notices, including those regarding changes to the Terms, by email or through the Website and/or Mobile App.
(ii)
Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
(iii)
The Terms contain the entire agreement between You and 4xLabs regarding the use of the Website and Mobile App.
(iv)
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
(v)
The section titles in the Terms are for convenience only and have no legal or contractual effect.

20. CONTACT

In order to address a question, to resolve a complaint regarding the Website, Mobile App or the 4xLabs Services, or to receive further information regarding the Services, please contact 4xLabs using one of the following methods:

Address: 37A HongKong Street, Singapore 059676

E-mail: admin@4xlabs.co

Telephone: +65 6816 2698