Terms and Conditions

Section A – General Terms

1. Introduction

1.1 Please read these Terms of Service carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Rekommend AI Policies (as defined below) constitute a legally binding agreement ("Agreement") between you and Rekommend AI (as defined below). The Agreement applies to your use of the Service provided by Rekommend AI. If you do not agree to the Terms of Service please do not use or continue using the Platform (as defined below) or the Service.

1.2 Rekommend AI may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://rekommend.ai or the Application. It is your responsibility to review the Terms of Service and Rekommend AI Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3 If you use the Service in a country other than the country where you registered for the Application (the "Alternate Country"), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://rekommend.ai as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service in the Alternate Country.

1.4 Rekommend AI is a technology company which provides a platform for consumers to view, obtain or procure goods and services. Depending on the goods or services in question, the goods or services may be supplied by Rekommend AI or a Partner. Where the goods/services are offered and/or provided by a Partner, Rekommend AI's role is merely to link the consumer with such Partners or to enable consumers to view information in respect of the Partner's goods/ services. Rekommend AI is not responsible for the acts and/or omissions of any Partner or information relating to the same. Partners shall bear all liability in relation to such goods/services. Partners are not, and shall not hold themselves out to be, an agent, employee or staff of Rekommend AI and the solutions provided by Partners shall not be deemed to be provided by Rekommend AI.

2. Definitions

In these Terms of Service, the following words shall have the meanings ascribed below:

2.1 "Application" means the relevant mobile application(s) made available for download by Rekommend AI (or its licensors) to Consumers and Partners respectively;

2.2 "Consumer" or "User" means any end-user who accesses or uses the Platform to search for and obtain the Solutions;

2.3 "Consumer Charges" or "User Charges" means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;

2.4 "Rekommend AI" / "we" means:

2.4.1 Rekommend AI Company Limited in relation to Rekommend AI and Rekommend AI for Business;

2.5. "Rekommend AI Policies" means the following:

2.5.1 the Privacy Notice;

2.5.2 all policies, guidelines and terms of service published on https://rekommend.ai/ and

2.5.3 all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

2.6 "Partner" means the independent third parties (who are not Rekommend AI) who provide the relevant Solutions to Consumers through the Service, including (a) merchant-partners and (b) any other relevant goods and services providers;

2.7 "Personal Data" is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.8 "Platform" means the Application, Software and any other platform, portal or website which Rekommend AI owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;

2.9 "Platform Content" means any content as made available on the Platform or any part thereof;

2.10 "Privacy Notice" means our Privacy Notice accessible at: https://rekommend.ai/privacy-policy.html as amended from time to time;

2.11 "Rectification Measure" has the meaning ascribed to it in Clause 29.2 of Section A;

2.12 "Service" means the linking of Consumers to Partners or other Consumers to facilitate the Solutions;

2.13 "Software" means any software in connection with the Application, Service and/or Solutions which is made available by Rekommend AI;

2.14 "Solutions" means the food and beverage and/or other products and services which are made available to Consumers through the following offerings:

2.14.1 Rekommend AI;

2.14.2 Rekommend AI for Business;

2.14.3 Any such other offerings which Rekommend AI may make available from time to time; and

2.15 "you" refers to the Partner and/or Consumer as may be applicable.

3. Representations, Warranties and Undertakings

3.1 By using the Service and/or Platform, you represent, warrant and undertake that:

3.1.1 You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2 You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Rekommend AI may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Rekommend AI has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.3 You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.4 You will only use an access point or account which you are authorized by Rekommend AI to use;

3.1.5 You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Rekommend AI;

3.1.6 You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.7 You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.8 You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.9 When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.10 You will only use the Platform and Service for their intended and lawful purposes;

3.1.11 You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending, posting or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children, violative of any third party rights or otherwise in breach of the applicable laws and/or Rekommend AI Policies (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;

3.1.12 You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Rekommend AI. This includes without limitation, not to:

(a) create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

(b) copy any content displayed through the Platform or "mirror" the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;

(c) conduct data mining or scraping activities, unless an exception applies under applicable law; and

(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

3.1.13 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Rekommend AI or to disrupt the natural functions of the Platform;

3.1.14 You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;

3.1.15 You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Rekommend AI or any third party;

3.1.16 You agree that the Service is provided on a reasonable effort basis;

3.1.17 You agree that your use of the Service will be subject to the Rekommend AI Policies as may be amended from time to time;

3.1.18 You agree to assist Rekommend AI with any internal or external investigations as may be required by Rekommend AI in complying with any prevailing laws or regulations in place;

3.1.19 You provide us the phone numbers of Rekommend AI users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision;

3.1.20 You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;

3.1.21 You agree that Rekommend AI may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and

3.1.22 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Rekommend AI or any other party as a result of your breach of this Agreement.

3.2 If you are a Partner, you further represent, warrant and undertake that:

3.2.1.You possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service;

3.2.2 If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, any equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s);

3.2.3 If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts) in connection with your provision of the Solution(s);

3.2.4 You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Solution(s) provided by you;

3.2.5 You shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws;

3.2.6 You shall not contact Consumers for purposes other than in connection with the Service;

3.2.7 You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any Consumers, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;

3.2.8 You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;

3.2.9 If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;

3.2.10 You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Consumers. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of Rekommend AI’s information or information related to the Platform or the Service, unless an exception applies under applicable law. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Rekommend AI reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service/Platform other than for the purpose for which it is intended to be used; and

3.2.11 Without prejudice to any other provisions, information which you have submitted to us for your registration as a Partner on the Platform, which may include your personal data as described in the Privacy Notice, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.3 If you are a Consumer, you further represent, warrant and undertake that:

3.3.1 Your use of the Service and Platform is, unless otherwise allowed by Rekommend AI, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;

3.3.2 You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1 Rekommend AI and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Rekommend AI and its licensors.

5.2 You shall not:

5.2.1 post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or

5.2.2 remove any copyright, trademark or other proprietary rights notices contained on the Platform.

6. Intellectual Property Ownership

6.1 Rekommend AI and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Rekommend AI and/or its licensors. Rekommend AI’s name, Rekommend AI’s logo, the Service, the Platform and any third parties’ logos and the product names associated with the Software and/or the Platform are trademarks of Rekommend AI or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

6.2 You may be able to submit your content or make your content publicly available via or otherwise in relation to certain feature(s) of the Platform. Save where otherwise specified in the Agreement, Rekommend AI does not claim ownership of the content that you provide us with. Where you upload or provide us with any content that is covered by intellectual property rights, you (a) irrevocably grant Rekommend AI a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display, distribute, sublicense, or otherwise provide to others, your content (including without limitation name and/or likeness) in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose; and (b) undertake that you have the right to grant us such licence and shall remain responsible for the content you provided. For the avoidance of doubt, you also grant to Rekommend AI the right (though you acknowledge and agree that Rekommend AI shall not be so obliged) to use your name and/or likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Should you wish to request removal of any of the content, you may contact Rekommend AI’s Help Centre to submit such a request.

7. Confidentiality

7.1 You shall maintain in confidence all information and data relating to Rekommend AI, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Rekommend AI (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Rekommend AI, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Rekommend AI’s prior written consent, disclose such information to any third party nor use it for any other purpose.

7.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

7.2.1 was at the time of receipt already in your possession;

7.2.2 is, or becomes in the future, public knowledge through no fault or omission on your part;

7.2.3 was received from a third party having the right to disclose it;

7.2.4 is required to be disclosed by law.

8. Data Privacy and Personal Data Protection Policy

8.1 Rekommend AI collects and processes your Personal Data in accordance with its Privacy Notice. The Privacy Notice applies to all of Rekommend AI’s Services and its terms are made a part of this Agreement by this reference.

8.2 Where applicable, you agree and consent to Rekommend AI, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Notice.

8.3 You acknowledge that Rekommend AI may disclose Personal Data of other individuals to you in the course of your use of Rekommend AI’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Rekommend AI, and not for any other unauthorized purposes.

9. Third Party Interactions

9.1 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and Rekommend AI and its licensors shall have no liability or obligation for any such communication or agreement. Neither Rekommend AI nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall Rekommend AI, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third parties. Certain third parties may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Rekommend AI is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Rekommend AI is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

9.2 Rekommend AI may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Notice for instructions to unsubscribe or update your privacy settings.

9.3 You agree and allow Rekommend AI to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.

9.4 We may include hyperlinks to other websites or content on the Internet that are owned or operated by; or otherwise make available content or material relating to or provided by; third parties who do not have any relationship with us (collectively, “Third Party Content“). Such Third Party Content is usually not under our control. We are not responsible or liable for any errors, omissions, delay, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable Third Party Content, or the consequences of your use of any Third Party Content. The availability of Third Party Content on the Platform is neither an endorsement or verification of the Third Party Content and the related third party(ies) by us; nor does it indicate that we have any relationship with the related third party(ies) be it affiliation, partnership, collaboration, endorsement or sponsorship. You agree that your access to or use of any Third Party Content is entirely at your own risk. Please approach our Help Centre should you have any questions or concerns about any of the Third Party Content.

9.5 Save for factual, truthful and not misleading references through a plain text link to https://rekommend.ai/ or URL(s) which Rekommend AI may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Rekommend AI. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Rekommend AI is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Rekommend AI, (e) presenting false information about products or services of Rekommend AI, and (f) using any logo or mark of Rekommend AI without prior written approval from Rekommend AI.

10. Indemnification

10.1 By agreeing to the Terms of Service upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Rekommend AI, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof, or (e) where applicable, your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service.

11. Disclaimer of Warranties

11.1 Rekommend AI makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Rekommend AI does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform as well as the related content are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

11.2 Rekommend AI makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Rekommend AI in respect of the same.

11.3 Where applicable, Rekommend AI’s role as collection agent is solely mechanical and administrative in nature and Rekommend AI does not owe to you a duty of care or any fiduciary duties.

12. Internet Delays

The service, platform, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the partner being faulty, not connected, out of range, switched off or not functioning. Rekommend AI is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

13. Limitation of Liability

13.1 Unless otherwise stated, and to the fullest extent allowed by law, any claims against Rekommend AI by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. Rekommend AI and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service or solution, including but not limited to:

13.1.1 Loss, damage or injury arising out of, or in any way connected with the service, the platform, application and/or the software;

13.1.2 The use or inability to use the service, the platform, application and/or the software;

13.1.3 Any reliance placed by you on the completeness, accuracy or existence of any advertising; or

13.1.4 As a result of any relationship or transaction between you and any consumer, partner, merchant, advertiser or sponsor whose advertising appears on the platform or is referred to by the service and/or the platform, even if Rekommend AI and/or its licensors have been previously advised of the possibility of such damages.

13.2 Rekommend AI does not warrant or represent that it assesses or monitors the suitability, legality, ability, movement or location of any consumers or partners including merchants, advertisers and/or sponsors and you expressly waive and release Rekommend AI from any and all liability, claims or damages arising from or in any way related to the consumers or partners including merchants, advertisers and/or sponsors.

13.3 Rekommend AI will not be a party to disputes or negotiations of disputes between you and consumers or partners including merchants, advertisers and/or sponsors. Unless you are a corporate consumer with a current corporate account with Rekommend AI, Rekommend AI cannot and will not play any role in managing payments between you and the partners, including merchants, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service and/or the platform (with all its implications) rests solely with and on you. you expressly waive and release Rekommend AI from any and all liability, claims, causes of action, or damages arising from your use of the service and/or the platform, or in any way related to the third parties including merchants, advertisers and/or sponsors introduced to you by the service and/or the platform.

13.4 The quality of the solutions scheduled through the use of the service is entirely the responsibility of the partner who ultimately provides such solution to the consumer. you understand, therefore, that by using the service, you may be exposed to solutions that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.

14. Notice

14.1 Rekommend AI may give notice through the Platform, electronic mail to your email address in the records of Rekommend AI, or by written communication sent by registered mail or pre-paid post to your address in the records of Rekommend AI. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Rekommend AI (such notice shall be deemed given when received by Rekommend AI) by letter sent by courier or registered mail to Rekommend AI using the contact details as provided in the Platform.

15. Assignment

15.1 Unless otherwise stated herein, these Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Rekommend AI but may be assigned without your consent by Rekommend AI. Any purported assignment by you in violation of this section shall be void.

16. Relationship

16.1 Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Rekommend AI.

17. Severability

17.1 If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

18. No Waiver

18.1 The failure of Rekommend AI to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

19. Entire Agreement

19.1 This Agreement comprises the entire agreement between you and Rekommend AI in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Rekommend AI which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Rekommend AI in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.

20. Suspension and Termination; Modification of Platform Content

20.1 You agree that we may do any of the following, at any time, without notice:

(i) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;

(ii) modify or change any applicable policies or terms; and

(iii) interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We shall not be required to compensate you for any modification, suspension or termination.

20.2 Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Rekommend AI Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Rekommend AI deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).

21. No Third Party Rights

21.1 Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.

Section B – Additional Terms

1. Rekommend AI AI Services

1.1 AI Services

a. Rekommend AI utilises innovative AI-drive services to enhance your experience.

b. The AI services provided by Rekommend AI include, but are not limited to:

i. Chatbots and Virtual Assistants: Our AI-powered chatbots and virtual assistants can engage with users, answer queries, and provide support in real-time.

ii. Personalized Recommendations: Based on your preferences and usage patterns, our AI systems can offer tailored product or service recommendations to enhance your experience.

iii. Data Analysis and Insights: Our AI solutions can analyze large datasets to generate actionable insights, helping you make informed decisions.

iv. Predictive Analytics: Utilizing historical data, our AI services can predict future trends and outcomes, assisting you in planning and strategy.

(collectively, the “AI Services”).

c. By accessing and using our AI Services, you acknowledge and agree to be bound by these additional terms and conditions under this Section 1 (“Additional AI Terms”).

1.2 Disclaimer

The AI Services provided by Rekommend AI on our platform are for general informational purposes only. While we strive to ensure the accuracy and usefulness of the AI-driven features, they are provided “as is” and without any guarantees as to their accuracy, reliability, or completeness. The AI Services may occasionally generate incorrect or inappropriate responses.

1.3 Third-Party Data and Services

Our AI Services may interact with third-party data and services. We do not control or endorse the content, messages, or information found in such third-party services and disclaim all liability concerning such content.

1.4 User Responsibilities

a. Proper Use. You agree to use the AI Services only for lawful purposes and in accordance with these Additional AI Terms. You are responsible for all activities that occur under your account and for ensuring that any individuals who access the AI Services through your account comply with these Additional AI Terms.

b. Data Input. You are solely responsible for the accuracy, quality, and legality of the data you input into the AI Services. You agree not to input any data that is unlawful, harmful, threatening, defamatory, obscene, infringing, or otherwise objectionable.

c. Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

1.5 Modification of Services

We reserve the right to modify or discontinue, temporarily or permanently, the AI Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the AI Services.

1.6 Intellectual Property

a. Ownership. All intellectual property rights in and to the AI Services and any related documentation, including but not limited to software, algorithms, designs, text, graphics, and interfaces, are and will remain the exclusive property of Rekommend AI or its licensors.

b. User Content. You retain ownership of any data, content, or materials you input into the AI Services. By inputting data into the AI Services, you grant us a worldwide, non-exclusive, royalty-free, fully-paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such data for the purpose of providing the AI Services, as well as to improve existing or new AI Services.

1.7 Warranties

To the fullest extent permitted by applicable law, Rekommend AI expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the AI Services will meet your requirements or that the operation of the AI Services will be uninterrupted or error-free.

1.8 Limitation of Liability

a. In no event shall Rekommend AI, its affiliates, or their respective directors, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of use, loss of data, loss of business, or loss of profits, arising out of or in any way connected with the use or inability to use our AI Services, even if we have been advised of the possibility of such damages.

b. To the maximum extent permitted by law, Rekommend AI’s total cumulative liability to you or any third party arising out of or in connection with these Additional AI Terms or your use of our AI Services, from all causes of action and all theories of liability, will be limited to and will not exceed the amount you have paid to us for the use of the AI Services during the six (6) months prior to the claim.

1.9 Indemnity

You agree to indemnify, defend, and hold harmless Rekommend AI, its affiliates, and their respective directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties“) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that the Indemnified Parties may incur as a result of or arising from:

i. Your use or misuse of the AI Services.

ii. Your violation of these Additional AI Terms.

iii. Your violation of any rights of another party, including any other users of the AI Services.

iv. Any content you provide through the AI Services, including but not limited to any misleading, inaccurate, or fraudulent information.