Terms of Use

1. Acceptance of Terms

By accessing or using any website, product, or service operated by 0xBuooy Pte Ltd (UEN 202244810D) (“Buooy,” “we,” “us,” or “our”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you must not access or use our Services.

If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

2. Definitions

“Service” or “Services”

The Buooy website, all software-as-a-service products operated by 0xBuooy Pte Ltd, consulting engagements, advisory services, and related tools and features.

“User”

Any individual or entity that accesses or uses the Services.

“Account”

Your registered account with Buooy.

“Content”

All text, data, files, images, and other materials uploaded, submitted, or transmitted through the Services.

“Input Data”

Text, files, prompts, instructions, and other content submitted by you to AI Features for processing.

“Output” or “Output Data”

Text, analysis, recommendations, and other content generated by AI Features in response to Input Data.

“Subscription”

A paid plan granting access to specified features for a defined period.

“AI Features”

Features within the Services that use large language models (LLMs) or other artificial intelligence technologies.

“Platform”

The software, infrastructure, algorithms, interfaces, and proprietary technology that comprise the Services.

“Confidential Information”

Non-public information disclosed by either party that is designated as confidential or would reasonably be understood to be confidential.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an Account. You agree to:

• Provide accurate, current, and complete information.
• Maintain and update your registration information.
• Be at least 18 years of age.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your Account.
• Notifying us immediately at dpo@buooy.com of any unauthorised access.

3.3 Organisational Accounts

If you create an Account on behalf of an organisation, you are responsible for ensuring all users within your organisation comply with these Terms.

4. Services Description

4.1 SaaS Products

Buooy operates software-as-a-service products that incorporate AI and LLM technology, designed to help businesses leverage AI capabilities for productivity, analysis, and decision support.

4.2 AI Features

Our Services include features powered by third-party LLM providers, including but not limited to OpenAI (GPT-series models) and Anthropic (Claude-series models). We may integrate additional LLM providers over time. The specific models, providers, and capabilities may be updated as technology evolves.

4.3 Consulting and Advisory Services

Buooy also provides consulting, strategy, and advisory services. These are governed by separate engagement agreements where applicable.

4.4 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Services. Where changes materially affect paid features, we will provide reasonable advance notice.

5. Acceptable Use Policy

5.1 General Conduct

You agree to use the Services only for lawful purposes. You shall not:

• Violate any applicable law, regulation, or third-party rights.
• Transmit malware, viruses, or harmful code.
• Attempt to gain unauthorised access to our systems or other users’ accounts.
• Interfere with the operation, security, or performance of the Services.
• Harvest or scrape data by automated means without permission.
• Impersonate another person or entity.

5.2 AI-Specific Prohibited Uses

You shall not use our AI Features to:

• Generate illegal, harmful, threatening, abusive, or defamatory content.
• Generate content infringing third-party intellectual property rights.
• Generate misleading content presented as factual without review.
• Process personal data of third parties without a lawful basis.
• Reverse-engineer or reconstruct AI model training data.
• Circumvent safety filters or content policies.
• Use AI outputs as the sole basis for decisions with significant legal, financial, medical, or safety consequences.
• Resell or redistribute AI outputs as a competing AI service.

5.3 Usage Limits

We may impose usage limits including limits on API calls, data storage, and AI Feature usage. Exceeding limits may result in throttling, suspension, or additional charges.

6. Intellectual Property

6.1 Your Input Data

You retain all ownership rights in your Input Data. By submitting Input Data, you grant Buooy a limited, non-exclusive licence to process that data solely for providing the Services.

6.2 AI-Generated Outputs

As between you and Buooy, you own the Output Data generated through your use of AI Features, subject to the following:

• No guarantee of uniqueness: AI models may generate similar outputs for different users with similar inputs.
• No representation of originality: We do not represent that Output Data is original or free from similarities to existing content.
• Third-party rights: You are responsible for ensuring your use of Output Data does not infringe third-party rights.
• Evolving legal landscape: The legal status of IP rights in AI-generated content is evolving and these Terms may be updated accordingly.

6.3 Buooy Platform IP

All rights in the Platform — including software, algorithms, interfaces, designs, documentation, and trademarks — belong to Buooy or its licensors.

6.4 Feedback

If you provide feedback regarding the Services, you grant Buooy a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use and incorporate such feedback.

8. Subscription and Payment

8.1 Billing

Subscriptions are billed in advance on a monthly or annual basis. We may change pricing with at least 30 days’ notice before the next billing cycle.

8.2 Refunds

• Annual Subscriptions: Refund available within 14 days of initial purchase if the Services have not been materially used.
• Monthly Subscriptions: Refunds are not provided for partial months.
• Consulting services: Governed by the applicable engagement agreement.

8.3 Cancellation

You may cancel at any time. Cancellation takes effect at the end of your current billing period. You retain access until then.

8.4 Taxes

All fees are exclusive of applicable taxes (including GST). You are responsible for applicable taxes except taxes on Buooy’s income.

9. Data Processing and Protection

9.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, disclose, and protect your personal data in compliance with the PDPA.

9.2 Third-Party Personal Data

If you submit personal data of third parties to the Services, you represent and warrant that:

• You have obtained all necessary consents under the PDPA and any other applicable data protection law.
• You have a lawful basis for the collection, use, and disclosure of such personal data.
• You have provided notice to the relevant individuals about the purposes for which their data will be processed, including the use of AI Features.
• You will indemnify Buooy against any claims arising from your failure to comply with these obligations.

9.3 Data Processing Agreement

For enterprise and business customers, Buooy offers a Data Processing Agreement (“DPA”) that sets out the parties’ respective obligations regarding personal data processed through the Services. The DPA addresses:

• Subject matter, duration, nature, and purpose of processing.
• Types of personal data and categories of data subjects.
• Obligations and rights of data controller and processor.
• Sub-processor management and approval.
• Data security obligations and breach notification procedures.
• Data return and deletion upon termination.
• Audit rights.

Enterprise customers may request a DPA by contacting dpo@buooy.com.

9.4 Data Security Commitment

Buooy implements technical and organisational security measures consistent with Section 24 of the PDPA to protect personal data against unauthorised access, collection, use, disclosure, or similar risks.

9.5 Data Breach Notification

In the event of a data breach affecting your personal data that meets the notification threshold under Part VIA of the PDPA, Buooy will notify you in accordance with the timeframes set out in our Privacy Policy and any applicable DPA.

10. Service Level and Availability

10.1 Uptime Target

We target 99.5% monthly uptime for the Services, measured as the percentage of minutes in a calendar month during which the core SaaS platform is available and materially functional. Uptime excludes: (a) scheduled maintenance windows; (b) downtime caused by factors beyond our reasonable control; and (c) downtime of third-party AI model providers.

10.2 Service Credits

If monthly uptime falls below 99.5%, you may request a service credit:

Credits must be requested within 30 days of the affected month, will be applied to future invoices, and are your sole remedy for uptime failures.

10.3 Scheduled Maintenance

We will provide at least 48 hours’ advance notice of planned maintenance. Maintenance windows will not exceed 4 hours and will be scheduled outside peak business hours (SGT) where practicable.

10.4 Factors Beyond Our Control

We are not liable for interruptions caused by third-party provider outages, internet connectivity issues, natural disasters, government actions, or cyberattacks.

10.5 Enterprise SLAs

Enterprise customers may negotiate separate SLAs with enhanced uptime commitments, response times, and remedies.

10.6 Support

Standard support is available via email (dpo@buooy.com) during Singapore business hours (Monday to Friday, 9:00 AM to 6:00 PM SGT, excluding public holidays). We will use commercially reasonable efforts to respond within 2 business days.

11. Limitation of Liability

11.1 Cap on Liability

To the maximum extent permitted by law, Buooy’s total aggregate liability shall not exceed the greater of:

• Total fees paid by you in the 12 months preceding the claim; or
• SGD 100.

11.2 Exclusion of Consequential Damages

Buooy shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill — including damages arising from reliance on AI-generated outputs.

11.2A Carve-Outs from Liability Cap

The liability cap in Section 11.1 does not apply to:

• Your indemnification obligations under Section 12.
• Either party’s breach of confidentiality obligations under Section 12A.
• Buooy’s obligations under the PDPA for data breaches caused by wilful default or gross negligence.
• Liability arising from fraud or wilful misconduct.

11.3 Exceptions

Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under Singapore law.

11.4 Allocation of Risk

You acknowledge that the fees reflect the allocation of risk in this section and that Buooy would not provide the Services at the stated fees without these limitations.

12. Indemnification

You agree to indemnify and hold harmless Buooy from claims arising out of:

• Your breach of these Terms.
• Your use of the Services in violation of applicable law.
• Your Input Data or your use of Output Data.
• Your violation of any third-party rights.

12A. Confidentiality

12A.1 Obligations

Each party agrees to:

• Hold the other party’s Confidential Information in strict confidence.
• Not disclose Confidential Information to any third party except as permitted under these Terms or with the disclosing party’s prior written consent.
• Use Confidential Information only for purposes of performing under these Terms.
• Protect Confidential Information using at least the same degree of care used for its own confidential information, and no less than reasonable care.

12A.2 Exclusions

Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was previously known without obligation of confidentiality, is independently developed, or is rightfully received from a third party.

12A.3 Permitted Disclosures

A party may disclose Confidential Information where required by law, regulation, or court order, provided the disclosing party (where legally permitted) gives prompt written notice.

12A.4 Survival

Confidentiality obligations survive termination for 3 years, or for as long as the information remains confidential, whichever is longer.

12B. Warranties and Disclaimers

12B.1 Buooy Warranties

Buooy warrants that:

• The Services will perform materially in accordance with applicable documentation.
• It will provide the Services with reasonable care and skill.
• It has the right to grant the licences set out in these Terms.
• It will comply with all applicable laws, including the PDPA.

12B.2 Disclaimer

Except as expressly stated above, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, Buooy disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

12B.3 AI Output Disclaimer

Buooy makes no warranty regarding the accuracy, completeness, reliability, suitability, or legal compliance of any AI-generated Output Data. You acknowledge that AI outputs may contain errors, inaccuracies, or fabricated information, and bear sole responsibility for review and validation. Buooy does not warrant that Output Data will be free from IP claims by third parties.

12B.4 Third-Party Services

Buooy does not warrant the performance, availability, or suitability of any third-party services (including LLM providers) integrated with the Services.

13. Termination

13.1 Termination by You

You may terminate your Account at any time.

13.2 Termination by Buooy

We may suspend or terminate your Account if you breach these Terms, fail to pay fees, or if required by law.

13.3 Effect of Termination

Upon termination, your access ceases. We will retain your data for up to 90 days to allow export. Provisions that survive termination include: IP, AI Terms, Liability, Indemnification, Confidentiality, Warranties, and Governing Law sections.

13.4 Data Export

Upon request within 30 days of termination, we will provide your stored data in a machine-readable format. After 90 days, data will be deleted per our Privacy Policy.

14. Governing Law

These Terms are governed by the laws of the Republic of Singapore, without regard to conflict of laws principles.

15. Dispute Resolution

15.1 Good Faith Negotiation

The parties agree to attempt good faith negotiation for 30 days from written notice of the dispute.

15.2 Mediation

If unresolved through negotiation, either party may refer the dispute to mediation administered by the Singapore Mediation Centre (“SMC”). If not resolved within 60 days of mediation commencement, either party may proceed to litigation.

15.3 Jurisdiction

Disputes not resolved through negotiation or mediation are subject to the exclusive jurisdiction of the courts of Singapore.

15.4 Injunctive Relief

Nothing prevents either party from seeking urgent injunctive relief where necessary.

16. General Provisions

16.1 Severability

If any provision is held invalid, the remaining provisions continue in full force.

16.2 Waiver

Failure to enforce any right shall not constitute a waiver. Any waiver must be in writing.

16.3 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Subscription agreement, constitute the entire agreement between you and Buooy.

16.4 Assignment

You may not assign your rights without our consent. Buooy may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including natural disasters, pandemics, government actions, or third-party service outages.

16.6 Electronic Transactions

These Terms are valid and enforceable as an electronic contract under the Electronic Transactions Act 2010 of Singapore. Your electronic acceptance has the same legal effect as a handwritten signature.

16.7 Export Controls and Sanctions

You represent that you are not located in or a resident of any country subject to comprehensive economic or trade sanctions. You shall comply with all applicable export control laws and sanctions regulations in your use of the Services.

16.8 Changes to Terms

Material changes will be communicated at least 14 days in advance. Changes affecting Subscriptions or materially reducing your rights require at least 30 days’ notice.

17. Contact Information