Account Terms

To access and use the Services, you must register for a Zetaspace account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Zetaspace may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

• You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

• You confirm that you are receiving any Services provided by Zetaspace for the purposes of carrying on a business activity and not for any personal, household or family purpose

• You acknowledge that Zetaspace will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.

• You are responsible for keeping your password secure. Zetaspace cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

• You acknowledge that you are using the authentic Zetaspace farming kit provided by the company only.

• A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Zetaspace may result in an immediate termination of your Services.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy, and, if you operate a E.U. based farming, the EU Terms, before you may become a Zetaspace Contributor.

• 1. Technical support in respect of the Services is only provided to Zetaspace Users and Contributors.

• 2. The Terms of Service shall be governed by and interpreted in accordance with the laws of Republic of Singapore applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

• 3. You acknowledge and agree that Skipjack Technology Pte Ltd may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Zetaspace’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Zetaspace’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to you, then amendments to these Terms of Service will be provided in accordance with the EU Terms.

• 4. You may not use the Zetaspace Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Singapore. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.

• 5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Skipjack Technology Pte Ltd.

• 6. Questions about the Terms of Service should be sent to help@zetaspace.

• 7. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

• 8. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Zetaspace, is governed by its privacy policy.

• 9. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Zetaspace’s Terms of Service available in another language, the most current English version of the Terms of Service at Zetaspace will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Skipjack Technology Pte Ltd (acting in its sole discretion) or as required by applicable law.

• 10. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Skipjack Technology shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Skipjack Technology’s prior written consent, to be given or withheld in Skipjack Technology’s sole discretion.

• 11. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

• 12. Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.

Confidentiality

• 1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Zetaspace’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

• 2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Limitation of Liability

• 1. You expressly understand and agree that, to the extent permitted by applicable laws, Skipjack Technology Pte Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

• 2. To the extent permitted by applicable laws, in no event shall Skipjack Technology Pte Ltd or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Skipjack Technology Pte Ltd partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

• 3. Your use of a Third-party Hardware Service is at your sole risk and we will suspend your account. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

• 4. Skipjack Technology Pte Ltd does not warrant that the Services will be uninterrupted, timely, secure, or error-free with 80% reliability.

• 5. Skipjack Technology Pte Ltddoes not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

• 6. Skipjack Technology Pte Ltd does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected

Payment of Fees

• 1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services.

• 2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Skipjack Technology Pte Ltd will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”).

• 3. Transaction Fees and Additional Fees will be charged from time to time at Skipjack Technology Pte Ltd discretion (30% Platform fee for Cash-out). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Dashboard console.

• 4. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

• 5. For the avoidance of doubt, all sums payable by you to Skipjack Technology Pte Ltd under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Skipjack Technology Pte Ltd to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Skipjack Technology Pte Ltd shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

• 6. You must maintain an accurate location in the administration menu of your Dashboard. If you change jurisdictions you must promptly update your location in the administration menu.

• 7. Skipjack Technology Pte Ltd does not provide refunds.

Cancellation and Termination

• 1. We reserve the right to modify or terminate the Zetaspace Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

• 2. Fraud: Without limiting any other remedies, Skipjack may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

Feedback and Reviews

• Skipjack Technology Pte Ltd welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, By submitting Feedback to Skipjack Technology Pte Ltd (whether submitted directly to Zetaspace or posted on any Zetaspace hosted forum or page), you waive any and all rights in the Feedback and that Skipjack Technology Pte Ltd is free to implement and use the Feedback if desired, as provided by you or as modified by Skipjack Technology Pte Ltd, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Skipjack Technology Pte Ltd must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Skipjack Technology Pte Ltd reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

Privacy & Data Protection

• Skipjack Technology Pte Ltd is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Skipjack Technology Pte Ltd’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

• Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Skipjack Technology Pte Ltd’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.