(Professional Account)

This User Agreement is entered into by and between Xypher Pte Ltd (“Xypher”, “we”, “our” or “us”) and the individual user (collectively “you”, “your”, or “yours”) for the use of the professional account on the k’nectary mobile app (“App”). The capitalized terms used herein shall have the meaning ascribed to them in this Agreement.

This User Agreement sets forth the terms under which you may utilize the professional account (“Professional Account”) on the App.

Please read the terms contained in this User Agreement carefully. By accessing and using any part of the k’nectary mobile app (“App”), you shall be deemed to have accepted to be legally bound by the terms of this User Agreement without limitation or qualification. If you do not agree to these terms, please do not access or use the App. Any continued access or use of the App (whether this time or in future) will imply that you have accepted the terms of this User Agreement.

  1. Services This App is a platform which enables individual professionals and business organizations to better manage their business contacts and/or connections with ease (“Services”). These Services include the digitization of business cards, storing the business cards in the cloud in a central server, accessing their business contact and/or connections on the App, accessing analytical tools to understand their connections better.
  2. General The terms of this User Agreement may be changed from time to time. All changes will be posted on this page, and your access or use of the App after such changes have been posted will constitute your agreement to the modified terms of this User Agreement and all of the changes. You should therefore read this page carefully each time you access the App.
  3. Proprietary Rights
    1. The App is owned and operated by Xypher Pte Ltd.
    2. The content and materials located on this App, including the information, images, videos as well as any software programs available on or through the App (collectively “App Content”), are protected by copyright, trademark and other forms of proprietary rights. Unless expressly stated, all rights, title, benefit and interest in the App Content are owned by, licensed to or controlled by Xypher.
  4.  Registration
    1. In accessing and/or using the App, you are be required to register an account. To register for an account, you must be 18 years old and above. All information provided by you must be true and correct. Creating an account with false information is a violation of our terms.
    2. You are responsible for the security of your account information, including without limitation, your username and password in relation to your account. You must take all appropriate measures (including but not limited to changing your password from time to time) to ensure the security and confidentiality of your username and password. In the event of any compromise in the security of your username and/or password, you must inform us immediately and change your password. Until such notification is received and confirmed by us and access is disabled at your request, you shall be responsible for all consequences arising from any unauthorized or fraudulent use of your account.
    3. Any violation of this User Agreement may result in the termination of your account at our sole and absolute discretion.
  5. Provision of Account and Services
    1. You are hereby granted a revocable, non-exclusive, non-transferable, non-assignable, personal, limited licence to use the App in accordance with the terms of this User Agreement. All rights not expressly granted to you are reserved by us.
    2. We may, at our sole discretion, with immediate effect and without any prior written notice to you, terminate your account and/or access to and licence to use the App
      1. if you have breached or violated any of the terms of this User Agreement, our Privacy Policy or any other terms and conditions with us, or
      2. where provided for in this User Agreement, or
      3. for any reason whatsoever.
    3. In the event of any termination, you will have no rights to the continued use or access to our Services. We will have no obligation to maintain your account or to retain or forward any information in your account, except as required by the applicable law.
    4. We also reserve the right to limit or suspend your access for the purpose of scheduled, ad hoc or urgent maintenance of the App, in which case such limitation or suspension will be communicated through the App and/or our website and/or through our social media channels.
    5. We may, at our sole discretion, update our App without prior notice to you. Updates (including any patch or fix of bugs, error connections, additional, modification or removal of features, security, software, hardware, operation and/or functionality of the App) may add, modify or delete in their entirety certain features and functionality. You acknowledge and agree that we have no obligation to provide any updates or to continue to provide or enable any particular feature or functionality. You should promptly download and install all updates, failing which you may not obtain the full features and functionality of the App. By downloading and installing the updates, whether such installation was automatic or not, you agree that the updates are deemed to be part of the App and are subject to the terms of this User Agreement.
    6. You are responsible for acquiring and updating compatible hardware or electronic devices necessary to access and use the App and any updates thereto. We do not guarantee that the App or any part thereof will function on any particular hardware or device.
  6. Representations and Warranties
    1. By using and accessing the App, you represent, warrant and undertake to us that:
      1. you are at least eighteen (18) years old;
      2. you have the right, authority and capacity to accept and agree to the terms of this User Agreement and use the App;
      3. all information that you have provided to us or stored in the App is true, accurate, up-to-date and not misleading; and
      4. you are in compliance, and shall remain in compliance during the Term of the User Agreement, with all applicable laws.
    2. You agree and acknowledge that all representations and warranties given by you are personal statements and assurances on which we and any other third party receiving information posted by you on the App will rely on.
  7. Collection of Your Data
    1. On registration and in the course of your use of the App, you may provide us with your personal information, including your name, email address, contact number, billing information, images, profile and preferences. By providing your personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.
    2. Other than your name and email address, all other information provided by you are provided at your sole discretion, and you have the option to make such information public. Please do not post or add personal or sensitive data to your public profile that you would not want to be publicly available.
    3. All information that you provide to us and/or post to your public profile shall be true, correct and not misleading. If you provide or post any information that may be untrue, incorrect or misleading in any respect, you shall be in violation of this User Agreement, and we have the right but not the obligation to terminate your use and access of the App at any time without notice. You shall be wholly responsible for all information that you have provided to us and/or post to your public profile.
    4. You acknowledge and agree that we may from time to time receive information about you from third parties. You agree that we may collect, use and disclose such information about you in accordance with our Privacy Policy.
  8. Collection of Third Party’s Data
    1. The App will allow you to collect, store, update, modify, delete and exchange business card information and other information that you may receive relating to third parties. You represent and warrant that you have obtained due consent for the collection, use and disclosure of such third party information in compliance with the applicable data privacy laws.
    2. You agree and undertake to fully respect the privacy of all other persons of whom you have access to or received personal information, and shall obtain due consent for the collection, use and disclosure of such person’s information in compliance with the applicable data privacy laws. You shall not collect, duplicate, store, disseminate, spread or misuse any other persons’ information or data without permission. You shall be wholly responsible for the collection, use and disclosure of any information relating to any persons.
  9. Your Licence to Xypher
    1. As between you and Xypher, you own all content, personal data and other information that you provide, upload, submit, collect, store, send or receive on or through the App (“User Content”), and you are only granting Xypher and our affiliates a worldwide, transferable, sub-licensable, royalty-free, non-exclusive right and license to access, store, use, copy, modify, distribute, publish, and process all User Content without any further consent, notice and/or compensation to you or others, in accordance with the terms of this User Agreement and our Privacy Policy.
    2. You acknowledge and agree that, in respect of the User Content, Xypher is a data intermediary, a data processor or similar under the applicable data protection or privacy laws, and that you, as the owner or controller of the User Content, shall comply with the applicable data protection and privacy laws in the use, collection, disclosure, retention, transfer and processing of the User Content.
  10. Deletion of User Content
    1. We agree to remove all User Content stored in your account (which for the avoidance of doubt excludes any aggregated or anonymized data, any App Content and any User Content that has been shared with third parties) from our system within thirty (30) working days of our receipt of your written request, unless the applicable laws permit or require our retention of such User Content.
    2. You acknowledge and agree that the same or similar User Content may be uploaded, posted, collected or stored to / in the App by other k’nectary users and that such information may be required to be retained by Xypher for the purpose of providing the Services to such other k’nectary users. Xypher shall not be responsible or liable to you or any third party for the collection, use, disclosure, retention or deletion of such information in the App.
  11. Restrictions on Use of App Content
    1. All information made available on this App are property of Xypher and may not be disclosed, disseminated, or distributed to any unauthorized party.
    2. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any App Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any App Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App.
    3. Except as otherwise permitted by us, you shall not hyperlink, reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, circulate or commercially exploit any part of this App or the App Content in any manner for any public or commercial purpose without our express written consent. We shall have the discretion to consent, grant or refuse at our sole discretion and may impose terms and conditions to be adhered to arising from the written request.
    4. Modification of any of the App Content or use of the App Content for any other purpose will be a violation of copyright and other intellectual property rights of Xypher. Graphics and images on the App are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners and Xypher.
    5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of the App.
  12. Other Restrictions on Use of App
    1. You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any Xypher server, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.
    2. You may not probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the App to its source, or exploit the App or any service or information made available or offered by or through the App, in any way.
    3. You agree that you will not:
      1. use the App for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
      2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
      3. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
      4. upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
      5. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
      6. violate any applicable laws or regulations; or
      7. create a false identity for the purpose of misleading others.
  13. Subscription
    1. Trial Service The download and installation of the trial version of the App is free of charge (the “Trial Service”). The Trial Service will elapse fourteen (14) days after the registration date of your Professional Account.
    2. Payment Terms
      1. All payments to us will be made through our payment gateway service provider, Stripe, or any other payment gateway service provider of our choosing. Subject to the terms and conditions determined by Xypher in its sole discretion, you may purchase the Paid Subscription through the App by paying the Fees in advance in respect of each subscription cycle. Unless otherwise indicated, all payments made pursuant to this User Agreement are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on the Fees, including but not limited to, all sales, use, GST or similar taxes.
      2. We will require you to provide your credit / debit card details to our payment gateway service provider upon your registration of a Professional Account. By providing the credit / debit card details, you authorize our payment gateway service provider to automatically charge to your credit / debit card the applicable subscription fees and/or charges (collectively, “Fees”) on:-
        1. the first (1st) day of each subscription cycle as a first attempt;
        2. the second (2nd) day of each subscription cycle as a second attempt if the payment of the Fees at the first attempt fails;
        3. the seventh (7th) day of each subscription cycle as a third attempt if the payment of the Fees at the second attempt fails;
        4. one (1) day immediately after the termination of your Paid Subscription for any outstanding amounts owing by you to us.
      3. Each subscription cycle will be for a period of one (1) calendar month commencing on the date that you provide your credit / debit card details to our payment gateway service provider, and for each subsequent subscription cycle the period of one (1) calendar month thereafter.
    3. Non-payment Xypher reserves the right to immediately suspend or de-activate your account and your access to your account in the event that our payment gateway service provider is unable to charge your credit / debit card for any reason (e.g. insufficient funds) at the second attempt. Xypher further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to the applicable law enforcement agencies in the event of any unpaid Fees hereunder.
    4. No refunds All monies paid to us shall be non-refundable, to the extent permitted by the applicable law.
    5. Price Changes We may change our Fees from time to time and will communicate any price changes to you in advance. Prices will take effect at the start of the next subscription cycle following the date of the price change. Your continued usage of the Paid Subscription will be deemed as an acceptance of the new Fees. If you do not agree with the new Fees, you may choose to unsubscribe, cancel or terminate the Paid Subscription prior to the price change going into effect.
  14. Termination by User
    1. Without prejudice to the right of termination or suspension by Xypher under this User Agreement, you may cancel or terminate your subscription of the Services through the App at any time.
    2. For the avoidance of doubt, deletion of the App on your mobile device will not automatically terminate your account with us.
    3. Upon termination of the subscription of the Services, you shall not have access to your account and its contents (including User Content). Your account may be reactivated upon the re-subscription of the Services by you.
  15. Disclaimer of Warranties and Liability
    1. We make no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, availability, accuracy or completeness of the App and its App Content, including but not limited to any data obtained by or from any third parties.
    2. We will not be responsible for loss of information, reliability, availability, accuracy, or completeness of the User Content.
    3. The App and the App Content are provided on an “as-is, where-is” basis without any warranties of any kind, express or implied. We specifically disclaim implied warranties of title, merchantability, fitness for a particular purpose, expectation of privacy and non-infringement. To the fullest extent permitted by law, we do not warrant and hereby disclaim any warranty:
      1. as to the accuracy, correctness, reliability, currentness, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the App and/or the App Content; or
      2. that the App, the App Content or any functions associated with the App will be uninterrupted or error-free, or that defects will be corrected or that the App and the App server are and will be free of all viruses and / or other harmful elements. We shall not be responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunication carriers.
    4. We shall also not be liable for any damage or loss of any kind, howsoever caused as a result (direct or indirect) of the access or use of the App, including but not limited to any damage or loss suffered as a result of reliance on the App Content.
  16. Acknowledgement You acknowledge and agree that:-
    1. You are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you collect, store, transmit, update, post, share or upload while using the App and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
    2. Your use of the App and reliance on the content in the App are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the App.
    3. We reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access to the App in our sole discretion at any time, without notice, for any reason whatsoever.
    4. All feedback, comments, information, ideas, suggestions, documents, and/or proposals (“Contributions“) given to us, whether through the App or otherwise, shall be non-confidential and we shall be free to use, for any purpose, any ideas, concepts, techniques or know-how contained in such Contribution, and any use, adaptation, modification, reproduction or distribution of the Contributions shall be property of Xypher without any obligation to you.
    5. The App may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the App.
  17. Links from the App to Other Apps
    1. The App may contain hyper-links to sites which are not produced or maintained by us. We make no representation and are not responsible for the Content of those sites and shall not be liable for any damages or loss arising from access to those sites. Any content, services, representations made on such sites are solely the responsibility of the operator of those sites and we assume no responsibility for any content, the operation or the services provided thereon. Use of the hyper-links and access to such linked sites are entirely at your own risk.
    2. All hyper-links to other sites are provided as a convenience to you as a user of the App. In no circumstances shall Xypher be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the sites to which the App is linked.
  18. General
    1. Nothing contained in this User Agreement shall be so construed as to create any agency, employment, partnership or joint venture of any kind between you and Xypher (or any its related companies) hereto.
    2. No failure by us to exercise and no delay by us in exercising any right, power or remedy under this User Agreement will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
    3. Except with our written consent, you shall not assign and/or transfer any of the right and/or obligations under this User Agreement to any third party. We shall be entitled to assign and/or transfer any or all of the rights and/or obligations under this User Agreement to any third party without your consent.
    4. Any clause, stipulation or provision of this User Agreement, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of this User Agreement, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.
  19. Indemnity You shall indemnify and hold us, our officers, directors, shareholders, successors-in-title, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us, our officers, directors, shareholders, successors-in-title, employees, agents, subsidiaries and affiliates, by any third party arising from or in connection the your use of the App, any transmission or disclosure of any information through the App, or with any failure by the you to comply with this User Agreement.
  20. Applicable Law This User Agreement is governed, interpreted and construed by the laws of the Republic of Singapore.
  21. Arbitration Any dispute arising out of or in connection with this User Agreement including any questions regarding its existence, validity or termination shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this Clause. The Tribunal shall consist of one (1) arbitrator (“Arbitrator”) to be appointed by the Chairman of the Singapore International Arbitration Centre. The language of the arbitration shall be English. The decision in writing of the Arbitrator shall be final and conclusive upon both parties. The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine.  Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award.  Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
  22. Privacy Policy By accessing or using the App, you are deemed to have also accepted our Privacy Policy.
The last update to this User Agreement was posted on 30th April 2020.