Terms of Service for Blue Elephants Solutions

Last Update: 12. September 2024

1. Introduction
Welcome to Blue Elephants Solutions Pte. Ltd.! We’re offering innovative AI-powered tools and mobile learning solutions that personalize, enhance, and gamify both corporate and individual learning experiences. We believe in creating solutions that are practical and engaging.

These Terms of Service apply to our website, all our SaaS products—including but not limited to Knowledge Empire, Knowledge Gym, AI Conversation Coach, AI Knowledge Assistant, AI Job Interview Coach, and AI Job Interview Coach Pro—and any custom developments or other services we offer.

2. Acceptance of Terms
By registering for or using our services, you agree to comply with these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using or accessing our services.

3. Account Registration and Management
To access and use certain features of our services, you may be required to create an account.

  • Registration Requirements: You must provide accurate and complete registration information and are responsible for the security of your account, including maintaining the confidentiality of your password.
  • Account Security: You are responsible for all activities that occur under your account. Notify us immediately at contact@blue-elephants-solutions.com if you suspect any unauthorized use of your account.
  • Termination by You: You may terminate your subscription at any time through your account settings. Termination will take effect at the end of the current subscription period, and no refunds will be provided for any unused portion.
  • Termination by Us: We reserve the right to suspend or terminate your account if you are found in violation of these terms, without refund of any prepaid fees.

4. Description of Services
Our services include a variety of AI-driven tools and mobile learning solutions designed to improve learning outcomes through interactive content and technology-driven learning experiences. These include Knowledge Empire, Knowledge Gym, AI Conversation Coach, AI Knowledge Assistant, AI Job Interview Coach, and AI Job Interview Coach Pro, each with its own unique functionalities.

5. Payments and Billing

  • Fees: You agree to pay the applicable fees for the Services you purchase from us. Our fees are listed on the respective website and may be updated from time to time.
  • Deductions: You are not entitled to make any deductions due to costs incurred in connection with the respective payment.
  • Cost for Transactions: Cross-border fees or similar transfer fees and other charges levied by a financial institution or service provider shall be borne by you.
  • Renewals: Subscriptions to our Services may automatically renew, as expressly agreed to at the time of subscription.
  • Payments: Billing may occur via invoice or through automated payments facilitated by trusted third-party payment providers, including Stripe, Google Play Store, and Apple App Store
  • Payment Terms: You must pay the fees in accordance with the agreed payment terms during purchase. If not mentioned otherwise payments are due immediately after receiving the invoice. Payments shall be made electronically in cleared funds without any set off or deduction.
  • Refunds and Cancellations: Refunds and cancellations are governed by the Refund Policy for Blue Elephants Solutions, which is incorporated here by reference.
  • Overdue amounts: We reserve the right to charge interest on any overdue amounts at a rate of 2% per annum above the prevailing prime lending rate of our primary bank, calculated daily from the due date until full payment is made. This interest shall accrue both before and after any judgment.
  • Increases: We may adjust our Fees by providing you with at least 60 days’ written notice prior to the effective date of the new Fees. If you do not agree to the revised Fees, you have the right to terminate your subscription or service agreement by providing us with written notice at least 30 days before the new Fees take effect. Continued use of the Services after the Fee change becomes effective constitutes your acceptance of the new Fees.

6. User Rights and Responsibilities

  • General use: You and your users (including but not limited to your employees) must use the Services in accordance with the Agreement solely for the intended and lawful.
  • Access conditions: When accessing our services you and your users must:
    • not impersonate another person or misrepresent authorization to act on behalf of others or the Supplier;
    • correctly identify the sender of all electronic transmissions;
    • not attempt to undermine the security or integrity of the Underlying Systems;
    • not use, or misuse, our Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use our services;
    • not attempt to view, access or copy any material or data other than:
      • that which you are authorized to access; and
      • to the extent necessary for you and your users to use the Services in accordance with this Agreement;
    • neither use the Services in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading;
  • Your User:
    • No individual other than a Permitted User may access or use our Services.
    • You may authorize any Eligible Person to be a Permitted User by inviting them to use the system or by creating a user account for them
    • You must procure each Permitted User’s compliance with this and all other Agreements, Polities and Terms.
    • A breach of any term of the Agreement by your users (including, to avoid doubt, a Permitted User) is deemed to be a breach of the Agreement by the Client.
    • You are responsible for procuring all licenses, authorizations and consents required for it and its personnel to use the Services, including to use, store and input Data into, and process and distribute Data through, the Services.
  • Misuse: You agree not to misuse our services or help anyone else do so. Misuse includes, but is not limited to:
    • Using the services in violation of any applicable law.
    • Submitting any content that is illegal, obscene, or harmful.
    • Interfering with or disrupting the services or servers. You are responsible for the legality, reliability, and appropriateness of all content you submit.

7. Intellectual Property Rights
All intellectual property rights related to our services, including software, databases, and content provided by Blue Elephants Solutions, remain owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the services in accordance with these terms. Nothing in the Agreement prevents the us from providing the Services to any other customer.

  • Ownership: Subject to this clause  and all Intellectual Property Rights in, the Services, the Website, and all Underlying Systems is and remains our property (and our licensors). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights. Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable license to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of its obligations in accordance with the Agreement.
  • Know-how: To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual license to use for the Supplier’s own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by the us in the provision of the Services.
  • Feedback: If the you provide us with ideas, comments or suggestions relating to the Services or Underlying Systems (together feedback), all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by the us, and may use or disclose the feedback for any purpose.
  • Third party sites and material: You acknowledge that our Website ore Services may link to third party websites or feeds that are connected or relevant to our Services. Any link from our Service does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or feeds or their content or operators by us. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
  • Third-Party Intellectual Property Rights indemnity: We indemnify you against any claim or proceeding brought against you to the extent that claim or proceeding alleges that your use of our Services in accordance with the Agreement constitutes an infringement of a third party’s Intellectual Property Rights (IP Claim). The indemnity is subject to you promptly notifying us in writing of the IP Claim and making no admission of liability and not otherwise prejudicing or settling the IP Claim, without our prior written consent; and giving us complete authority and information required for us to conduct and/or settle the negotiations and litigation relating to the IP Claim. The costs incurred or recovered are for our account. This indemnity does not apply to the extent that an IP Claim arises from or in connection with your breach of the Agreement ore use of our Services in a manner or for a purpose not reasonably contemplated by the Agreement or otherwise not authorised in writing by the us; or any third-party data and content (including, but not limited to, data and content subject to third-party IP rights and copyrights) or any other Data inserted, included or uploaded into our Services by you or your users.

8. Data Protection and Privacy
Your privacy is important to us. Our Privacy Policy for Blue Elephants Solutions outlines how we collect, use, and protect your personal data in compliance with applicable laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

  • Our access to Data:
    • You acknowledges that we may require access to the Data to exercise our rights and perform our obligations under this Agreement; and to the extent that this is necessary, we may authorize a member or members of our personnel/vendors and/or service providers to access the Data for this purpose.
    • You must arrange all consents and approvals that are necessary for the us to access the Data.
  • Analytical Data:
    • You acknowledge and agree that we may use Data and information about you and your users use of the Services to generate anonymized and aggregated statistical and analytical data (Analytical Data); and use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and supply Analytical Data to third parties; and all Intellectual Property Rights in, Analytical Data is and remains the Supplier’s property.
  • Agent:
    • You acknowledge and agree that to the extent Data contains Personal Information, in collecting, holding and processing that information through the Services, we are acting as an agent of you for the purposes of the Singapore Data Protection Act 2012 (PDPA) and any other applicable privacy law.
    • You must obtain all necessary consents from the relevant individual to enable the us to collect, use, hold and process that information in accordance with the Agreement.
  • International storage of Data:
    • you agree that the we may store Data (including any Personal Information) in secure servers worldwide and may access that Data (including any Personal Information) worldwide and in the Republic of Singapore from time to time.
  • Indemnity:
    • You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by the our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.

9. Dispute Resolution
These terms are governed by the laws of Singapore. Any disputes or claims arising from or in connection with these terms will be resolved through binding arbitration under the rules of the Singapore International Arbitration Centre (SIAC).

Consumer users may opt out of the arbitration agreement within 30 days of agreeing to these Terms by sending an email to contact@blue-elephants-solutions.com with the subject line ‘Arbitration Opt-Out.’ Failing to opt out within this period binds the user to arbitration as the sole method of dispute resolution.

10. Third-Party Services
We reserve the right to use subcontractors or third-party service providers to deliver all or part of the services. While we select these services carefully, Blue Elephants Solutions is not responsible for the availability or accuracy of third-party services. We will not be responsible for any damages caused by subcontractors and third-party services. Users agree to review and accept the terms and conditions of these third-party providers.

Third-party service features are often connected to our services through the use of web services and APIs. In any respective case in connection with the latter sentence, we do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we should exercise this right to cease the availability of a third-party feature, you will not be entitled to any refund, discount or other compensation.

11. Modifications to Services and Terms
We may modify the Services, Policies, Terms or Agreements at any time. Any updates will be posted on this page, and we recommend that you check back occasionally to stay informed of any changes. Changes will be communicated by updating the “Last Update” Date at the top of this document. Any significant changes will be communicated through a notice on our website or via email.

12. Termination and Suspension
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any breach of these Terms.

13. Limitation of Liability and Disclaimer of Warranties

  • To the maximum extent permitted by applicable law, Blue Elephants Solutions Pte. Ltd.’s total cumulative liability to you or any third party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the total amount you paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability.
  • Blue Elephants Solutions Pte. Ltd. shall not be liable for indirect, special, incidental, or consequential damages, including loss of profits, revenue, or data, arising out of the use of the Services, even if the Customer has been advised of the possibility of such damages.
  • The Services are provided ‘as-is’ and Blue Elephants Solutions Pte. Ltd. disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

14. General Provisions

  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • Assignment: These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent.

15. Contact Information
You can find us at 160 Robinson Rd, #14-04, Singapore 068914, reach us by phone at +65 9821 7914, or contact us via email at contact@blue-elephants-solutions.com.

 

 

 

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