Singdata Service Agreement
Effective Date: January 10, 2025
PLEASE READ THESE TERMS ANDCONDITIONS CAREFULLY.
This Singdata Cloud Website Membership Agreement setsforth the terms and conditions governing your access and use of your membershipaccount ("Account") with the Singdata Cloud website currentlylocated at URL: www.singdata.com and your use of the Singdata Lakehouse (ashereafter defined). This Agreement is a legally binding agreement between youas a registered member of the Singdata Lakehouse (referred to as "you"or "your" or "Customer" hereafter)
1. Application and Acceptance ofthe Terms
1.1 By registering for an Accountand/or using the Singdata Lakehouse you accept the terms and conditions setforth in this Agreement. If you do not accept all of these terms andconditions, please do not register for an Account or use the Singdata Lakehouse.By completing the registration process for an Account and clicking the "Iagree" button, you agree to be bound by this Agreement as well as theterms and conditions of the following:
a) Singdata Cloud Website Terms ofUse;
b) Singdata Cloud Product Terms ofService;
c) Privacy Policy; and
d) any other website or servicerules and policies as adopted and published on the Singdata Lakehouse from timeto time,
(all of the above collectively referred to as the "Terms").
1.2 We may in our sole discretionrefuse to register your Account. Without prejudice to the generality of theforegoing, we may refuse to do so for any of the following reasons:
a) where your Account waspreviously terminated due to a breach of this Agreement; or
b) where you are likely to breachany of the representations and warranties under Clause 3 and/or 9.
1.3 Subject to Clause 2.6, SingdataCloud may modify the terms of this Agreement, the Terms, and any addendumthereof from time to time by posting updates to the Terms on the SingdataLakehouse or otherwise notifying you in accordance with Clause 12.1 of thisAgreement. Unless otherwise noted by Singdata Cloud, material changes to theAgreement, the Terms and any addendum will become effective 15 days after theyare posted, except if the changes apply to new Singdata Lakehouse, newfunctions or for compliance of applicable law in which case they will beeffective immediately or at a date as specified by Singdata Cloud. Bycontinuing to use the relevant products or services after the receipt ofwritten notification of such changes by Singdata Cloud, you agree to be boundby the amended and restated Agreement.
2. Use of Singdata Lakehouse
2.1 You may access, purchase, subscribe to, or use anyand all of the products or services made available by Singdata Cloud inaccordance with the Terms and any specific service level agreements ("SLAs")prescribed by Singdata Cloud in relation to such products or services (the"Singdata Lakehouse") via your Account. The Singdata Lakehouseinclude the cloud computing products and services offered by Singdata Cloud(including the associated application programming interfaces("APIs")), the trademarks, service marks, logos, and otherIntellectual Property Rights (as hereafter defined) of Singdata Cloud and itsaffiliates made available to you, and the functions, features, and content ofyour Account and the Singdata Lakehouse.
2.3 You may register a user nameand password for you to access the Singdata Lakehouse through your Account. Inusing your Account, you acknowledge and agree to the following:
a) You shall be solely responsiblefor (i) maintaining the confidentiality of your user name and password and (ii)for all activities that occur under your user name and password; and
b) You acknowledge that sharing ofyour Account with other persons, or allowing multiple users other than yourselfor your business entity to use your Account may cause irreparable harm to SingdataCloud and you shall indemnify Singdata Cloud against any loss or damages(including but not limited to loss of profits) suffered by Singdata Cloud as aresult of such sharing of your Account. You hereby undertake to notify SingdataCloud immediately of any unauthorized use of your Account, user ID or passwordor any other breach of security. You further agree that Singdata Cloud shallnot be liable to you, your users or any third party, for any loss or damagesarising from unauthorized use of your user name or password, or any otherfailure by you, your employees, agents, affiliates or representatives, tocomply with this Clause 2.3.
2.4 Singdata Cloud may suspend orterminate all or part of the free Singdata Lakehouse at any time in its solediscretion. Singdata Cloud reserves the right to charge for any and all SingdataLakehouse or any feature or functionality of the Singdata Lakehouse at any timein its sole discretion.
2.5 Benefits, features andfunctions available to you for any Singdata Lakehouse may vary for differentcountries and regions. No warranty or representation is given that a particularfeature or function or the same type and extent of features and functions willbe available in all countries and regions or for all users. Singdata Cloud mayin its sole discretion limit, deny or create different levels of access to anduse of any Singdata Lakehouse (or any features comprised therein) with respectto different users.
2.6 Subject to any specific termsof service of any particular Singdata Cloud Service, Singdata Cloud has theright to change, upgrade, modify, limit or suspend the Singdata Lakehouse orany of its related functionalities or applications at any time temporarily orpermanently under the following terms:
a) With respect to cloud computingproducts and services, Singdata Cloud has the right to introduce or removefeatures, functionalities, applications or conditions to the existing or futureversions of the products and services. All new features, functionalities,applications, conditions, modifications, upgrades and alterations shall begoverned by this Agreement and the relevant terms of service for the productsor services, unless otherwise stated by Singdata Cloud. Any material changes toor discontinuation of such products and services will be notified to you;
b) With respect to APIs, we maychange, discount, or remove any APIs for the Singdata Lakehouse from time totime. Singdata Cloud may, at its sole discretion, make previous versions ofAPIs available.
c) With respect to SLAs, we maymodify the terms of any SLA by posting an amended and restated version on the SingdataLakehouse. Singdata Cloud will provide at least 15 days prior written notice ofany adverse amendments to the SLA to you. By continuing to use the relevantproducts or services after the receipt of written notification of such changesby Singdata Cloud, you agree to be bound by the amended and restated SLA.
2.7 You acknowledge that the SingdataCloud Service is provided on an "as is", "as available" and"with all faults" basis. Subject to any specific terms of the SingdataLakehouse, you hereby agree that to the maximum extent permitted by applicablelaw, in no event shall Singdata Cloud be liable to you or any third parties forany inability to use the Singdata Lakehouse (whether due to disruption, changesto or termination of the Singdata Lakehouse or otherwise), any delays,inaccuracies, errors or omissions with respect to any communications ortransmission or delivery of all or any part thereof, or any damage (direct,indirect, consequential or otherwise) arising from the use of or inability to usethe Singdata Lakehouse.
2.8 You acknowledge and agreethat, if any Singdata Lakehouse involve any software applications provided bythird parties, such software applications are made available to you on apass-through basis directly by other companies or individuals under separateterms and conditions, including separate fees and charges and since SingdataCloud may not have tested or screened such software applications, your use ofsuch software applications is at your own risk.
2.9 Singdata Cloud shall have theright to assign and/or novate any part of or all of the Terms (including any ofour rights, titles, benefits, interests, and obligations and duties in theTerms and this Agreement) to any person or entity (including any affiliates of SingdataCloud). Singdata Cloud may by written notice to you (which may be posted on theSingdata Lakehouse) require such novation of the Terms or any part thereof, andyou hereby irrevocably agree and consent to any such novation, whereupon SingdataCloud shall be released and discharged from all of its obligations under theseTerms, as well as all claims, actions and demands arising under these Terms upto the time of such novation. You may not assign, in whole or part, any of theTerms (including this Agreement) to any person or entity.
2.10 The availability to you ofany service level credits under any SLAs is conditional upon your full andtimely compliance with the Terms. If in our discretion we pay to you anyservice level credits under any SLA, no further or other claims shall lie againstus in respect of any claims or matters arising under any such SLA.
3. Member Responsibilities
3.1 You agree to (whether as partof the Account registration process or otherwise):
a) provide true, accurate, andcurrent information about yourself, and your business, as well as informationabout your credit card, bank account or other forms of payment, as may berequested by Singdata Cloud;
b) maintain and promptly amend allinformation provided to Singdata Cloud to keep it true, accurate, and current;
c) provide any additionalinformation to Singdata Cloud in the time frame requested by Singdata Cloud inconnection with customer service, risk control, fraud prevention and complianceprocedures;
d) be responsible for the development, operation,maintenance, transfer, processing, storage, and use of the content that you runon the Singdata Lakehouse, cause to interface with the Singdata Lakehouse,submit to or upload into the Singdata Lakehouse under your Account (the "MemberContent");
e) comply with the Terms and anyand all applicable laws and regulations when using the Singdata Lakehouse;
f) take your own initiative tomaintain appropriate security, protection and backup of the Member Content;
g) be responsible for your End Users (as hereafterdefined) use of the Member Content and the Singdata Lakehouse directly orindirectly through your use of the Singdata Lakehouse and ensure that such EndUsers act in ways that comply with the Terms. For the purpose of thisAgreement, an "End User" is any individual or businessentity that accesses or uses the Member Content or uses the Singdata Lakehousedirectly or indirectly through you. Singdata Cloud shall not be heldresponsible for any loss or damage arising from or in connection with anyMember Content or any use or reliance thereon.
3.2 You shall not (whether throughyour End Users or otherwise):
a) sell, transfer, or sublicenseyour Singdata Cloud Account to others without Singdata Cloud’s prior writtenconsent;
b) engage in or be part of anyscheme to cheat, mislead or defraud Singdata Cloud, other members, other usersof the Singdata Lakehouse, any other third party or for any unlawful purpose;
c) infringe or otherwise abet orencourage the infringement or violation of any third party’s IntellectualProperty Rights (as defined below) or other proprietary right or rights ofpublicity and privacy or other rights recognized at law;
d) impersonate any person orentity, misrepresent yourself or your affiliation with any person or entity orotherwise engage in fraudulent representations or conduct;
e) violate any applicable law,statute, ordinance or regulation (including without limitation those governingexport control, consumer protection, unfair competition, anti-discrimination orfalse advertising);
f) use the Singdata Lakehouse forany activities related to bitcoin mining or the creation of other virtualcurrency or similar instruments;
g) submit or provide to SingdataCloud any content (including Member Content) that:
i. contains information that isdefamatory, libelous, unlawfully threatening or unlawfully harassing;
ii. is obscene or contains orinfers any pornography or sex-related merchandising or any other content thatotherwise promotes sexually explicit materials, or is otherwise harmful tominors;
iii. promotes discriminationbased on race, sex, religion, nationality, disability, sexual orientation orage;
iv. involves any computer virusesor other destructive devices and codes that have the effect of damaging,interfering with, intercepting or expropriating any software or hardwaresystem, data or personal information; or
v. is otherwise objectionable onthe grounds of public interest, public morality, public order, public security,national harmony or is prohibited by applicable laws;
h) undermine the integrity of thecomputer systems or networks used by Singdata Cloud and/or any user of the SingdataLakehouse and you shall not attempt to gain unauthorized access to suchcomputer systems or networks;
i) modify, alter, tamper with,repair, or create derivative works of any software included in the SingdataLakehouse (unless otherwise expressly permitted in the relevant softwareincluded in the Singdata Lakehouse);
j) reverse engineer, disassemble,or decompile any part of the Singdata Lakehouse;
k) access any process or procedureto derive the source code of any software in the Singdata Lakehouse;
l) access or use the SingdataLakehouse in a way intended to avoid the relevant fees or charges; or
m) resell or sublicense any SingdataLakehouse.
4. Rights in Member Content
4.1 You retain any rights you mayhave in any Member Content. Singdata Cloud will not access or use your MemberContent except as necessary to maintain or provide the Singdata Lakehouse or asnecessary to comply with applicable laws or regulations. This MembershipAgreement does not grant either party any rights to the other’s content or anyof the other’s Intellectual Property Rights except as set forth otherwise inthis Membership Agreement or other applicable agreements binding your use of SingdataLakehouse. As between you and Singdata Cloud, you own all Intellectual PropertyRights in Member Content, and Singdata Cloud owns all Intellectual PropertyRights in the Singdata Lakehouse.
4.2"Intellectual Property Rights" shallmean:
a) all rights, title and interestin and to all intellectual property rights, including any and all copyrights,patents, trademarks, service marks, logos, get-up, trade names, internet domainnames, rights in designs, rights in computer software, database rights,semi-conductor topography rights, utility models and rights in know-how, ineach case whether registrable or not, and including any applications forregistration, and all rights or forms of protection having equivalent orsimilar effect anywhere in the world, and across all platforms and mediumswhether now known or in the future invented;
b) all rights under licences,consents, orders, statutes or otherwise in relation to any of the rightsreferenced in sub-paragraph (a) above;
c) all rights of the same orsimilar effect or nature as or to those in sub-paragraphs (a) and (b) which nowor in the future may subsist;
d) all rights to income,royalties, damages, claims and payments now or hereafter due or payable withrespect thereto; and
e) all rights at law or in equityto sue for past or future infringements of any of the foregoing rights.
4.3 You acknowledge and authorizeSingdata Cloud to access metadata related to your cloud resources for thepurposes of providing, maintaining and improving the Singdata Lakehouseservices, including resource management, billing, and technical support functions.
5. Investigation and Enforcement
5.1 Singdata Cloud shall have theright, to investigate any End User or your breach or violation of the Terms.
5.2 Singdata Cloud shall have theright to report any activities that Singdata Cloud considers to be in violationof the Terms or any regulations or laws in any jurisdiction to the relevantenforcement agencies, regulators, government bodies, and any other appropriatethird parties and Singdata Cloud shall have the right to access, discloseand/or remove any content you published on or submitted to Singdata Cloud or tothe Singdata Lakehouse (including any Member Content) in connection therewithor to comply with applicable law, legal process or lawful government requests,or in respect of any claims or potential claims brought against Singdata Cloud,or its shareholders, subsidiaries or affiliates.
6. Fees, Payment and Tax
6.1 Any and all payment made byyou may not be set-off or counterclaimed without the written consent of SingdataCloud.
6.2 The fees, charges, and taxterms for the Singdata Lakehouse as contained in the Singdata Cloud Payment andTax Terms may be updated from time to time on the Singdata Lakehouse and willtake effect upon publication on the platform.
7. Purchase Credit and ProductPurchases for Certain Enterprise Customers
7.1 For certain enterprisecustomers, subject to Singdata Cloud’s review of a purchase credit application(the "Credit Application") under the terms set forth in thisAgreement, Singdata Cloud may provide you a credit limit for making purchasesof the Singdata Lakehouse (the "Purchase Credit"). Upon SingdataCloud’s approval of your Credit Application, your Purchase Credit will bedisplayed in your Singdata Cloud Website account and you may proceed to use thePurchase Credit to purchase Singdata Lakehouse via the Singdata Cloud Website.
7.2 Credit Application andApproval:
a) Singdata Cloud may request youprovide any information and documents as reasonably required by Singdata Cloudto assess your financial status and capability in order to determine theappropriate Purchase Credit limit suitable for you.
b) Singdata Cloud shall have solediscretion to decide on whether to grant Purchase Credit to you as well as theamount of Purchase Credit. Singdata Cloud’s determination of the PurchaseCredit shall be final. The amount of Purchase Credit granted to you will benotified to you in writing or displayed in your Singdata Cloud Website account.
7.3 Use of Credit
a) The Purchase Credit limitgranted to you may be used to purchase Singdata Lakehouse by placing an orderon the Singdata Cloud Website subject to applicable terms and conditions.
b) Used Purchase Credit will notbe restored until you have settled payment for the used Purchase Credit inaccordance with the payment settlement terms of this Agreement.
c) If your Purchase Credit balanceis insufficient for settling payment, Singdata Cloud shall have the right, butnot the obligation, to suspend your subscription or use of the Singdata CloudProduct until your Purchase Credit balance is restored.
7.4 Restoration and Settlement ofPurchase Credit
a) Used Purchase Credit will berestored upon your payment in accordance with the terms of this Agreement.
b) Singdata Cloud shall have solediscretion to adjust the amount Purchase Credit provided to you, including butnot limited to based on our risk assessment, your transaction history and yourfinancial status.
c) Singdata Cloud shall have theright, but not the obligation, to carry out any of the following in the eventthat you fail to make timely payment in accordance with the terms of thisAgreement:
i. reduce your Purchase Credit;
ii. cancel your Purchase Credit;or
iii. suspend or terminate yoursubscription or use of the Singdata Lakehouse purchased.
7.5 Any Purchase Credit granted toyou may be used until the expiry or termination of this Agreement.Notwithstanding any of the foregoing, your Purchase Credit will expire/cease tobe available for use upon the occurrence of any of the following:
a) you apply for cancellation ofits Purchase Credit limit and Singdata Cloud approves the application;
b) you provide any inaccurate ormisleading information to Singdata Cloud, fail to provide any requestedinformation, or otherwise breach the terms of this Agreement;
c) Singdata Cloud believes thatyou are or may be unable to fulfill your payment obligations under thisAgreement; or
d) Singdata Cloud reasonablybelieves that you have engaged in any unlawful activities.
7.6 Unless otherwise provided inthis Agreement, Singdata Cloud has the right to cancel your Purchase Creditlimit at any time by providing a prior written notice to you.
8. Term, Account Termination orSuspension, Effects of Termination
8.1 This Agreement is effective asof the date on which Singdata Cloud sends you a notice under this Agreementstating that you have successfully activated your Account.
8.2 Without prejudice and inaddition to its rights and remedies at law or equity (including withoutlimitation as set out in the Singdata Cloud Payment and Tax Terms), SingdataCloud may suspend or terminate your Account, or limit or restrict your rightsto your Account, immediately upon notice to you if, in the sole opinion of SingdataCloud, you or your End Users have engaged in any of the following:
a) breached the Terms;
b) used the Singdata Lakehouse ina way that poses a security or system stability risk to the Singdata Lakehouseor any third party;
c) used the Singdata Lakehouse ina way that subjects, or will subject, Singdata Cloud or its affiliates toliability;
d) engaged in any fraudulent,deceptive or unlawful act; or
e) become the subject of anybankruptcy, reorganization, liquidation, dissolution or similar proceedings.
8.3 If Singdata Cloud suspendsyour right to use your Account or any of the Singdata Lakehouse, you shallremain responsible for any and all fees and charges for the Singdata Lakehousethat you have incurred up to the date of service suspension. You will not beentitled to any service credits under any SLA during the period of servicesuspension. You shall be responsible for the fees and charges for the SingdataLakehouse that you continue to have access or rights to use.
8.4 Your rights under any licensegranted to you by Singdata Cloud pursuant to your use of the Singdata Lakehousewill terminate immediately upon the termination of your service or Account.
8.5 In the event of thetermination of this Agreement for any reason whatsoever:
a) you shall delete anyinformation, text, images, graphics, video clips, sound, directories, files,databases or listings, etc. in your possession which has been made available toyou via the Singdata Lakehouse;
b) you will lose access to anyMember Content you have provided to Singdata Cloud, and Singdata Cloud willdelete such Member Content at Singdata Cloud’s sole discretion unless retentionis required under applicable law;
c) the licence granted by you to SingdataCloud to use your Member Content described in Clause 4.1 shall continuenotwithstanding such suspension or termination; and
d) any clause which by reasonableimplication is intended to survive termination of this Agreement shall survivethe expiry or termination of this Agreement. Without limiting the generality ofthe foregoing, Clauses 2.9, 4, 5, 8, 9, 10, 11 and 13 shall survive anytermination of this Agreement.
9. Representations and Warranties
9.1 You represent and warrantthat:
a) You, your End Users or yourlicensors own any and all right, title, and interests in and to the MemberContent;
b) You have all rights in theMember Content necessary for granting Singdata Cloud the rights under thisAgreement;
c) None of your Member Contentwill violate the Terms or any applicable laws or rights of other third parties(including any Intellectual Property Rights);
d) You have the right to enterinto contracts for the Terms;
e) You have the right to operateyour Account with the Singdata Lakehouse; and
f) You have the right to use,purchase or subscribe to any of the Singdata Lakehouse.
10. Indemnification
You will defend, indemnify, andhold harmless Singdata Cloud, its affiliates, licensors, and each of theirrespective employees, officers, directors, and representatives from and againstany claims, damages, losses, liabilities, costs, and expenses (includingreasonable attorneys’ fees) arising out of or in connection with any thirdparty claim concerning your and/or your End Users:
a) use of the Singdata Lakehouse;
b) breach of the Terms;
c) breach of any applicable laws;
d) alleged infringement (includinginfringement of any Intellectual Property Rights) or misappropriation of thirdparty rights in respect of any Member Content or by the use, development,design, production advertising or marketing of the Member Content; and/or
e) disputes against each other.
Singdata Cloud will promptlynotify you of any claim subject to the above, but Singdata Cloud’s failure tonotify you will only affect your obligations above to the extent that ourfailure prejudices your ability to defend the claim. Singdata Cloud reservesthe right to assume control of the defense and settlement of the claim at anytime.
11. Disclaimers and Limitation ofLiability
11.1 TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, THE SINGDATA LAKEHOUSE ARE PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS, AND SINGDATA CLOUD HEREBYEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT, OR AS TO THE SINGDATA LAKEHOUSE BEINGUNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS, SECURE, OR NOT OTHERWISECAUSING DAMAGE OR LOSS OF FUNCTIONALITY OR DATA.
11.2 TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, SINGDATA CLOUD MAKES NO REPRESENTATIONS ORWARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY,COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SINGDATALAKEHOUSE.
11.3 The Singdata Lakehouse maymake available to you services or products provided by independent thirdparties on a pass-through basis. No warranty or representation is made withregard to such services or products. In no event shall Singdata Cloud and itsaffiliates be held liable for any such services or products.
11.4 Singdata Cloud shall not beliable for any special, indirect, punitive, incidental or consequential damagesor any damages whatsoever (including but not limited to damages for loss ofprofits or savings, business interruption, loss of information), whether incontract, negligence, tort or otherwise or any other damages resulting from anyof the following:
a) the use or the inability to usethe Singdata Lakehouse;
b) any defect in goods, samples,data, information or services purchased or obtained from a third-party serviceprovider through the Singdata Lakehouse;
c) unauthorized access by thirdparties to data or private information of you;
d) statements or conduct of anyuser of the Singdata Lakehouse; or
e) any other matter relating tothe Singdata Lakehouse however arising, including negligence.
11.5 Save only for any warranties,representations, conditions and undertakings by Singdata Cloud expressly setforth in this Agreement, Singdata Cloud hereby excludes all other warranties,representations, conditions and undertakings, express or implied, to themaximum extent permitted under applicable law. Notwithstanding anything in thisAgreement except this Clause 11.5, the aggregate liability of Singdata Cloud,its employees, agents, affiliates, representatives or anyone acting on itsbehalf with respect to you for any and all claims arising from or in connectionwith Singdata Lakehouse or the Singdata Lakehouse or the use or inability touse the same shall, if not otherwise excluded or limited, be limited to, inaggregate, the greater of (a) the amount of fees you have paid to SingdataCloud or its affiliates for the Singdata Lakehouse during the calendar year, or(b) USD100 or (c) the amount prescribed by the terms of relevant SLAs inconnection with your use of specific Singdata Lakehouse. The preceding sentenceshall not preclude the requirement by you to prove actual damages. All claimsagainst Singdata Cloud in respect of any of the matters referenced in thisClause 11.5 must be filed within one (1) year from the date the cause of actionarose.
12. Notice
12.1 We may provide notice to youunder this Agreement by posting a notice on the Singdata Lakehouse or emailingit to your Account. Notices will be deemed to be effective upon posting andnotice by email will be deemed effective by the time the email is sent.
12.2 You must provide notice to usby personal delivery, overnight courier, or registered mail to Singdata CloudPrivate Limited at 51 Bras Basah Road, #03-06 Lazada One, Singapore 189554.Notice by overnight courier or registered mail will be deemed effective onebusiness day after being sent. Notice provided by personal delivery will beeffective immediately upon successful receipt by us.
13. General
13.1 This Agreement and the Termsconstitute the entire agreement between you and Singdata Cloud with respect toand governs the use of the Singdata Lakehouse, superseding any prior written ororal agreements in relation to the same subject matter herein.
13.2 You and Singdata Cloud areindependent contractors, and no agency, partnership, joint venture,employee-employer or franchiser-franchisee relationship is intended or createdby this Agreement.
13.3 If any term herein isadjudicated by a court or tribunal of competent jurisdiction to be void orunenforceable, the validity or enforceability of the remainder of the termsherein shall remain in full force and effect.
13.4 Singdata Cloud’s failure toenforce any right or failure to act with respect to any breach by you underthis Agreement will not waive that right nor waive Singdata Cloud’s right toact with respect with subsequent or similar breaches.
13.5 Unless a right or remedy ofyou or Singdata Cloud is expressed to be an exclusive right or remedy, theexercise of it by either party is without prejudice to either party’s otherrights and remedies at law and/or in equity.
13.6 You shall do and execute orprocure to be done and executed all such further acts, deeds, things anddocuments as may be necessary to give effect to the terms of this Agreement.
13.7 Save for Singdata Cloud andits affiliates, a person who is not a party to this Agreement has no rightunder the Contracts (Rights of Third Parties) Act (Cap. 53 B) (Rev Ed 2002) toenforce any term of this Agreement.
13.8 Unless otherwise provided inthe terms and conditions of the relevant Singdata Lakehouse, under nocircumstances shall Singdata Cloud be held liable for any delay or failure ordisruption of the content or services delivered through the Singdata Lakehouse(including the Singdata Lakehouse) resulting directly or indirectly from actsof nature, forces or causes beyond our reasonable control, including withoutlimitation, Internet failures, computer failures, computer viruses,cyber-attacks, telecommunications or any other equipment failures, electricalpower failures, strikes, labor disputes, riots, insurrections, civildisturbances, shortages of labor or materials, fires, flood, storms,explosions, acts of God, war, governmental actions, orders of domestic orforeign courts or tribunals or non-performance of third parties.
13.9 This Agreement shall begoverned by the laws of Singapore without regard to its conflict of lawprovisions. The parties to the Terms hereby submit to the exclusivejurisdiction of the courts of Singapore.