Terms and Conditions
Last updated: December 12, 2024
Contact Information
Cipher
88 Market Street, #28-01
Singapore 048948
Email: info@ciph-er.com
Phone: +65 6223 4817
Binding Legal Agreement
These Terms and Conditions constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Cipher regarding your access to and use of our website, services, and any related products or offerings. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
If you do not agree with all of these Terms and Conditions, you are expressly prohibited from using our services and must discontinue use immediately.
User Obligations and Conduct
1. Legal Compliance
You agree to use our services in compliance with all applicable laws, regulations, and ordinances. This includes, but is not limited to:
- • Compliance with local, state, national, and international laws
- • Adherence to intellectual property laws and regulations
- • Compliance with data protection and privacy regulations
- • Observance of export control and sanctions laws
2. Prohibited Activities
You expressly agree not to:
- • Use our services for any illegal, unauthorized, or prohibited purpose
- • Violate any applicable local, state, national, or international law
- • Infringe upon or violate our intellectual property rights or the rights of others
- • Harass, abuse, insult, harm, defame, slander, or intimidate any individual
- • Submit false or misleading information
- • Attempt to bypass any security features or access restricted areas
- • Engage in any automated use of the system, such as scraping or data mining
- • Interfere with, disrupt, or create an undue burden on our services or networks
3. Content Guidelines
Any content you submit or transmit through our services must not:
- • Contain illegal, harmful, or offensive material
- • Violate any third-party rights, including intellectual property rights
- • Contain viruses, malware, or other harmful code
- • Promote discrimination, hatred, or violence
4. Age Restrictions
Our services are intended for users who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms and Conditions. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.
User Responsibilities
Accuracy of Information
You are responsible for ensuring that all information you provide to us is accurate, current, and complete. You must update your information promptly if it changes. We rely on the accuracy of the information you provide for service delivery and communication.
Indemnification Obligations
You agree to indemnify, defend, and hold harmless Cipher, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms and Conditions or your use of our services.
Privacy and Data Protection
You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You must comply with our Privacy Policy and all applicable data protection laws when using our services or sharing information with us.
Third-Party Interactions
Your interactions with third parties found through our services, including payment and delivery of goods or services, are solely between you and the third party. You acknowledge and agree that we are not responsible or liable for any loss or damage incurred as a result of such interactions.
Disclaimers, Limitations, and Warranties
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- • Warranties of merchantability and fitness for a particular purpose
- • Warranties of non-infringement and title
- • Warranties that our services will be uninterrupted, error-free, or secure
- • Warranties regarding the accuracy, reliability, or quality of any content or information
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIPHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- • Any indirect, incidental, special, consequential, or punitive damages
- • Loss of profits, revenue, data, or business opportunities
- • Business interruption or loss of goodwill
- • Any damages arising from your use of or inability to use our services
- • Any damages arising from third-party conduct or content
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.
Consequential Damages Exclusion
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or technical failures.
Legal Framework and Dispute Resolution
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of the courts located in Singapore for the resolution of any disputes.
Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the breach thereof:
- The parties shall first attempt to resolve the dispute through good faith negotiations
- If negotiations fail within 30 days, the parties may pursue mediation
- If mediation is unsuccessful, disputes shall be resolved through binding arbitration in Singapore
- The arbitration shall be conducted in accordance with the Singapore International Arbitration Centre rules
- The language of arbitration shall be English
- The decision of the arbitrator shall be final and binding
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Severability and Waiver
Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
Waiver
No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Assignment and Transfer
You may not assign or transfer these Terms and Conditions or your rights and obligations hereunder without our prior written consent. We reserve the right to assign or transfer these Terms and Conditions and our rights and obligations to any third party without restriction, including in connection with a merger, acquisition, or sale of assets.
Terms Modification Policy
We reserve the right to modify these Terms and Conditions at any time in our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page and may provide additional notice of material changes.
Your continued use of our services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified terms, you must discontinue use of our services immediately.
It is your responsibility to review these Terms and Conditions periodically to stay informed of updates.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by us on our website, constitute the entire agreement between you and Cipher concerning your use of our services. These terms supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CIPHER AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS.
Questions or Concerns
If you have any questions or concerns about these Terms and Conditions, please contact us: