Terms of Service

These Terms of Service (“Terms”) are part of the User Agreement, which is a legally binding contract that governs your use of Powtain. Here are a few key points to note:

Compliance with the User Agreement and Applicable Law: You are fully responsible for your utilization of the Services and any Content you post. You must comply with this User Agreement, including its incorporated policies, and all applicable laws.
Adherence to Acceptable Use Terms: You are prohibited from accessing the Services in any manner other than through the officially provided, published interfaces. Specifically, you must not engage in activities such as scraping the Services, attempting to bypass technical restrictions imposed by us, or otherwise disrupting the operation of the Services.
Enforcement Rights: Powtain reserves the right to enforce compliance with these terms. Enforcement actions may include, but are not limited to, the removal of your Content, restriction of visibility, suspension or termination of your access to Powtain, or taking legal action. Additionally, we may suspend or terminate your account for reasons such as extended inactivity, potential legal risks, or commercial inviability.
Intellectual Property Licenses: You retain ownership and all associated rights to any Content you post or share. By doing so, you grant us a broad, royalty-free license to make your Content accessible to the public and to allow others to do the same. In return, we grant you a license to use the software provided as part of the Services, including the Powtain mobile application, solely to enable your use and enjoyment of the Services.
Assumption of Risk: Your use of the Services is undertaken at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim all warranties, responsibility, and liability to you or others to the extent permitted by law. You may encounter content from other users that is offensive or harmful. The Services may undergo changes, and we reserve the right to limit or terminate access to the Services or specific features to you or other users at any time.
Limited Liability and Remedies: You have the right to terminate this agreement at any time by deactivating your account and ceasing use of the Services. However, our liability is limited as specified in the agreement, and in no case will our aggregate liability exceed the greater of $100 SGD or the amount you have paid us, if any, within the past six months for the Services in question. Additionally, if you believe your Content has been copied in a manner that constitutes copyright infringement, the procedure for reporting such incidents is outlined in these Terms.

Please note that these Terms incorporate our Privacy Policy (https://powtain.com/privacy), along with any other terms applicable to your use of the Services and your Content. These terms may vary based on your jurisdiction; however, in all cases, you must be at least 13 years of age to use Powtain.

If you live outside the European Union, EFTA States, or the United Kingdom, including if you live in the United States, the Powtain User Agreement comprises these Terms of Service, our Privacy Policy, and all incorporated policies.

If you live in the European Union, EFTA States, or the United Kingdom, the Powtain User Agreement comprises these Terms of Service, our Privacy Policy, and all incorporated policies.

Terms of Service

If you live outside the European Union, EFTA States, or the United Kingdom, including if you live in the United States

These Terms of Service (“Terms”) govern your access to and use of our services, which include our various websites, SMS, APIs, email notifications, applications, buttons, widgets, and any other related services that reference these Terms (collectively referred to as the "Services"). These Terms also apply to any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content"). By using the Services, you agree to be bound by these Terms.

These Terms are an agreement between you and Powtain Pte. Ltd., which provides Powtain and the Services, 21 BUKIT BATOK CRESCENT#09-79 WCEGA TOWER SINGAPORE. The words “we,” “us,” and “our” mean Powtain Pte. Ltd.

1. Who May Use the Services

You may use the Services only if you agree to enter into a binding contract with us and are not prohibited from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind that entity to these Terms. In such cases, the terms "you" and "your" as used in these Terms shall refer to that entity.

2. Privacy

Our Privacy Policy ( https://powtain.com/privacy) outlines how we manage the information you provide when using the Services. By using the Services, you acknowledge and agree to the collection and use of this information as described in the Privacy Policy, including its storage on servers located in Singapore.

3. Content on the Services

You are responsible for your use of the Services and any Content you provide, ensuring compliance with all applicable laws, rules, and regulations. You should only share Content that you are comfortable making available to others.

Any use of or reliance on Content or materials posted through the Services, or obtained by you through the Services, is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services, nor do we endorse any opinions expressed through the Services. By using the Services, you understand that you may encounter Content that is offensive, harmful, inaccurate, or otherwise inappropriate, or that may be mislabeled or deceptive. All Content is the sole responsibility of the individual who originated such Content. We do not necessarily monitor or control the Content posted via the Services and cannot assume responsibility for such Content.

If you believe that your Content has been copied in a manner that constitutes copyright infringement, please report this by submitting a complaint through our feedback form.

Your Rights and Grant of Rights in the Content

You retain your rights to any Content you submit, post or display on or through the Services. Your ownership of the Content remains intact, including any incorporated audio, photos, and videos, which are considered part of the Content.

By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content across all media or distribution methods, whether currently known or developed in the future. This includes, for example, the rights to curate, transform, and translate the Content. This license authorizes us to make your Content accessible globally and permits others to do the same. You agree that this license includes the right for us to provide, promote, and enhance the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals for syndication, broadcast, distribution, repost, promotion or publication on other media and services, subject to our terms and conditions for such Content use. You agree that such additional uses by us or other entities will not result in any compensation to you for the Content you submit, post, transmit, or otherwise make available through the Services, as your use of the Services is considered sufficient compensation for the Content and the rights granted herein.

We maintain an evolving set of rules governing how ecosystem partners can interact with your Content on the Services. These rules are designed to support an open ecosystem while respecting your rights. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners, and/or make changes to your Content to adapt it to different media.

You represent and warrant that you have, or have obtained, all necessary rights, licenses, consents, permissions, power and/or authority to grant the rights described herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights unless you have the necessary permission or are otherwise legally entitled to post the material and grant us the license described above.

4. Using the Services

You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Powtain takes enforcement actions when Content or user behavior is in violation of our rules and policies or in relation to sensitive media.

In consideration for our granting you access to and use of the Services, you agree that we reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including the investigation of potential violations; (iii) detect, prevent, or address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of Powtain, its users, and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

Certain services or features on Powtain may be subject to additional terms and conditions. By using or paying for any of these additional services, you agree to the applicable terms, which then become part of our agreement with you. If any of the applicable additional terms conflict with these Terms, the additional terms will take precedence while you are using the services to which they apply.

Your Account

You may have to create an account to use the Services. You are solely responsible for protecting your account, including using a strong password and limiting its use exclusively to this account. We disclaim any liability for loss or damage resulting from your failure to comply with the above.

Your License to Use the Services

We grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license is solely for the purpose of allowing you to utilize and benefit from the Services as offered on Powtain, in accordance with these Terms.

The Services are protected by copyright, trademark, and other intellectual property laws of Singapore. Nothing in these Terms shall be construed as granting you any rights to use the Powtain name, or any Powtain trademarks, logos, domain names, distinctive brand features, and other proprietary rights. All rights, title, and interest in and to the Services (excluding user-provided Content) are and will remain the exclusive property of Powtain and our licensors. Any feedback, comments, or suggestions you may provide regarding Powtain or the Services is entirely voluntary, and we reserve the right to use such feedback, comments, or suggestions as we deem appropriate, without any obligation to you.

Misuse of the Services

You agree not to misuse the Services, including but not limited to interfering with their operation or accessing them through methods other than the provided interface and instructions. You agree that you will not work around any technical limitations in the software provided as part of the Services, nor reverse engineer, decompile, or disassemble the software, except to the extent explicitly permitted by applicable law.

While accessing or using the Services, you may not: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access, search, or attempt to access or search the Services through any means (automated or otherwise) other than through our currently available, published interfaces provided by us (and only in accordance with applicable terms and conditions), unless specifically authorized by a separate agreement with us (Note: crawling or scraping the Services in any form, for any purpose, without our prior written consent, is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to transmit altered, deceptive, or false source-identifying information; (v) engage in harmful conduct; or (vi) interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in a manner that interferes with or creates an undue burden on the Services. It is also a violation of these Terms to facilitate or assist others in violating these Terms, including by distributing products or services that enable or encourage such violations.

Ending These Terms

You may terminate your legal agreement with us at any time by deactivating your account and discontinuing your use of the Services. For instructions on how to deactivate your account and information on how your data will be handled, please refer to our Privacy Policy.

We reserve the right to suspend or terminate your account, or cease providing you with all or part of the Services, if we reasonably determine that: (i) you have breached these Terms; (ii) you present a risk or potential legal exposure to us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) the provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or upon your next attempt to access your account, depending on the circumstances. To the extent permitted by law, we may also terminate your account or discontinue providing you with all or part of the Services for any other reason or no reason, at our sole discretion. Upon termination, these Terms shall end, including, without limitation, your license to use the Services. However, the following sections shall remain in effect: Sections 2, 3, 5, 6, and the misuse provisions of Section 4 (“Misuse of the Services”). If you believe your account was terminated in error, you may file an appeal through our feedback form. For clarity, these Terms shall survive the deactivation or termination of your account.

5. Disclaimers and Limitations of Liability

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is undertaken at your own risk. You understand and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis. The term “Powtain Entities” refers to Powtain Pte. Ltd., its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE POWTAIN ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Powtain Entities make no representations or warranties and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any damage to your computer system, loss of data, or other harm arising from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available without interruption, securely, or error-free. No advice or information, whether oral or written, obtained from the Powtain Entities or through the Services, shall create any warranty or representation not expressly stated in these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Powtain Entities SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR ANY LOSS OF PROFITS OR REVENUES, WHETHER DIRECTLY OR INDIRECTLY INCURRED, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. THIS EXCLUSION OF LIABILITY APPLIES TO DAMAGES RESULTING FROM: (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Powtain Entities EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL THEORY UNDERLYING THE CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE Powtain Entities HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

6. General

We may amend these Terms periodically. Such amendments will not be retroactive, and the most current version of the Terms, accessible at powtain.com/tos, will govern our relationship with you. We will try to notify you of significant changes, for instance, through a service notification or an email sent to the address associated with your account. By continuing to access or use the Services following the effective date of any revisions, you consent to be bound by the updated Terms. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any class action, collective action or representative action proceedings.

These Terms and any disputes arising between you and us will be governed by the laws of Singapore and shall be subject to the exclusive jurisdiction of Singapore courts. You consent to personal jurisdiction in these courts and waive any objections to the venue being inconvenient. To the extent permitted by law, you further waive the right to participate as a plaintiff or class member in any class action, collective action or representative action proceedings.

Should any provision of these Terms be found to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision.

If you have any questions regarding these Terms, please write to us through our feedback form.

Effective: August 30, 2024

Powtain Terms of Service

If you live in the European Union, EFTA States, or the United Kingdom

1. Who May Use the Services

2. Privacy

Our Privacy Policy (https://powtain.com/privacy) outlines how we manage the information you provide when using the Services. By using the Services, you acknowledge and agree to the collection and use of this information as described in the Privacy Policy, including its transfer to the United States, Ireland, and/or other countries for storage, processing, and use by us and our affiliates.

3. Content on the Services

We reserve the right to remove Content that violates the User Agreement, including, for example, copyright or trademark infringements, intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center.

If you believe that your Content has been copied in a manner that constitutes copyright infringement, please report this by submitting a complaint through visiting our feedback formCopyright reporting form (feedback form).

Your Rights and Grant of Rights in the Content

By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content across all media or distribution methods, whether currently known or developed in the future. This includes, for example, the rights to curate, transform, and translate the Content. This license authorizes us to make your Content accessible globally and permits others to do the same. Should you choose to restrict the distribution of your Content to a specific community using our available features, we will honor that restriction. Additionally, you agree that this license extends to the analysis of text and other information you provide to enhance the Services. You agree that this license includes the right for us to provide, promote, and enhance the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals for syndication, broadcast, distribution, repost, promotion or publication on other media and services, subject to our terms and conditions for such Content use. You agree that such additional uses by us or other entities will not result in any compensation to you for the Content you submit, post, transmit, or otherwise make available through the Services, as your use of the Services is considered sufficient compensation for the Content and the rights granted herein.

4. Using the Services

The Services are continually evolving, and as such, they may change from time to time at our discretion. We reserve the right to discontinue (whether permanently or temporarily) the provision of the Services or any features within the Services, either to you individually or to users generally. We also retain the right to impose limits on usage and storage at our sole discretion at any time. We reserve the right to remove or refuse to distribute any Content on the Services, limit the distribution or visibility of any Content, suspend or terminate user accounts, and reclaim usernames as deemed appropriate. Such actions may be taken for, but are not limited to, the following reasons: (i) to protect the Services or our users; (ii) to ensure compliance with applicable laws or directives from competent authorities; (iii) to address violations of these Terms or the intellectual property or other rights of third parties; (iv) if you or your Content presents a legal or regulatory risk to us, other users, or any third parties; and/or (v) due to your prolonged inactivity.

Certain services or features on Powtain may be subject to additional terms and conditions. These additional terms are accessible from our sites and applications dedicated to these services or features. By using or paying for any of these additional services, you have to agree to the applicable terms, which then become part of our agreement with you. If any of the applicable additional terms conflict with these Terms, the additional terms will take precedence while you are using the services to which they apply.

Your Account

You retain control over most communications from the Services. However, certain communications, such as service announcements and administrative messages, may be necessary for us to provide. These communications are deemed integral to the Services and your account, and you may not have the option to opt out of receiving them. If you have registered a phone number with your account and subsequently change or deactivate that number, it is your obligation to update your account information to avoid potential communication with individuals who may acquire your previous number.

Your License to Use the Services

Misuse of the Services

While accessing or using the Services, you may not: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access, search, or attempt to access or search the Services through any means (automated or otherwise) other than through our currently available, published interfaces provided by us (and only in accordance with applicable terms and conditions), unless specifically authorized by a separate agreement with us (Note: crawling or scraping the Services in any form, for any purpose, without our prior written consent, is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to transmit altered, deceptive, or false source-identifying information; (v) engage in harmful conduct that violates our Platform Manipulation and Spam Policy or any other Rules and Policies; or (vi) interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in a manner that interferes with or creates an undue burden on the Services. It is also a violation of these Terms to facilitate or assist others in violating these Terms, including by distributing products or services that enable or encourage such violations.

Ending These Terms

We reserve the right to suspend or terminate your account, or cease providing you with all or part of the Services, if we reasonably determine that: (i) you have breached these Terms; (ii) you present a risk or potential legal exposure to us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) the provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or upon your next attempt to access your account, depending on the circumstances. Upon termination, these Terms shall end, including, without limitation, your license to use the Services. However, the following sections shall remain in effect: Sections 2, 3, 5, 6, and the misuse provisions of Section 4 (“Misuse of the Services”). If you believe your account was terminated in error, you may file an appeal through our feedback form. For clarity, these Terms shall survive the deactivation or termination of your account.

5. Limitations of Liability

By utilizing the Services, you acknowledge and agree that the liability of Powtain Pte. Ltd., along with its parent companies, affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensors, is limited to the fullest extent permitted under the laws of your country of residence.

6. General

We may amend these Terms periodically. Such amendments will not be retroactive, and the most current version of the Terms, accessible at powtain.com/tos, will govern our relationship with you. Except for modifications related to new functionalities or legal requirements, we will provide a 30-day advance notice of any changes that affect the rights or obligations of any party under these Terms, typically through a service notification or an email sent to the address associated with your account. By continuing to access or use the Services following the effective date of any revisions, you consent to be bound by the updated Terms.

To the extent permitted by law, you waive the right to participate as a plaintiff or class member in any class action, collective action or representative action proceedings.

If you have any questions regarding these Terms, please write to us through our feedback form.

Effective: August 30, 2024