Terms & Conditions

Read this policy in Thai / อ่านข้อกำหนดฉบับภาษาไทย

The Service User agrees to utilize the services approved by the Company in accordance with the service details specified by the Company. In using the services, the Applicant agrees to comply with the following terms and conditions ("Terms and Conditions"). The use of these services shall be deemed as the Applicant's acceptance of these Terms and Conditions.

1. Definitions

"Company" means iApp Technology Co., Ltd.

"Content" means input data, output data, and/or any information or material related to the Services.

"Dataset" means a collection of structured data samples used for training machine learning models.

"Force Majeure" means any situation beyond the Company's control that disrupts the provision of Services under these Terms and Conditions, including causing errors or data interruptions, such as malfunction of the Company's computer systems, communication system failures arising from power supply issues or energy disruptions, acts of third parties, computer viruses, or harmful data.

"Input Data" means any data, content, or instructions submitted by the Service User to the Portal for the purpose of receiving Output Data from the Portal.

"Intellectual Property Rights" means any rights, goodwill, and interests related to patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and all other intellectual property and/or proprietary rights.

"Model" means a machine learning model that is pre-trained or fine-tuned, including algorithms and weights, which can be used for prediction tasks.

"Output Data" means any data, content, or results generated by the Services in response to the Input Data submitted by the Applicant and displayed through the Portal.

"Services" means the Company's artificial intelligence services and/or software, whether existing now or developed in the future, provided to the Applicant through the Portal, including access to or download of Models, Datasets, or other publications made available by the Company.

"Portal" means the Company's service platform that provides access to information, applications, tools, and the Company's Services, enabling Service Users to input data and receive corresponding results, including API endpoints or URLs provided by the Company for accessing the Services.

2. Use of Services

The Service User agrees to use the Services in accordance with the procedures and methods specified by the Company and agrees to be bound by and comply with these Terms and Conditions.

The Service User may access the Services by submitting data into the Portal for the Company's artificial intelligence model to analyze and generate output in response to each Service User's request via the Portal. The Output Data may be limited by the capabilities of the Company's artificial intelligence model and/or the nature of the data sources. The Service User represents and warrants that:

The Output Data: (a) does not infringe the intellectual property rights or any other rights of third parties; (b) is not unlawful, obscene, or inappropriate; and (c) does not violate any applicable laws or these Terms and Conditions. Furthermore, the Output Data shall not contain any personal data or sensitive personal data. In the event that the Company discovers that the Input Data contains personal data or sensitive personal data, or that the Input Data is inappropriate or constitutes a violation of law, public order, good morals, or for any other reason, the Company reserves the right to delete such data and/or Input Data immediately, or block the Service User's IP address from accessing the Services as deemed appropriate, without prior notice.

The Service User agrees and acknowledges that the Services and/or Output Data provided by the Company do not constitute legal, financial, investment, tax, or any other type of advice or recommendation. The Service User shall exercise their own skill and judgment when taking any action or making any decision based on the Output Data provided by the Company, or seek advice from appropriate professionals before making any decision.

The Company grants the Service User a limited, non-exclusive, and non-transferable right to use the Services and Output Data in accordance with these Terms and Conditions. In this regard, the Service User agrees not to engage in, nor permit any third party to engage in, any of the following:

Using the Services in a manner that may cause damage, inefficiency, disruption, or similar defects to the Services or any of the Company's or third parties' electronic systems.
Using the Services in a manner that infringes or violates the rights of third parties, including intellectual property rights.
Using the Output Data to develop models or provide services similar to the Company's models or services.
Using the Services to support or participate in any unlawful activities (e.g., gambling, terrorism, money laundering, etc.).
Transmitting malware, viruses, worms, trojan horses, or any other harmful programs that may damage, interfere with, or disrupt the Services, including attempting to circumvent rate limits, restrictions, or any security measures implemented by the Company.
Imitating, modifying, decompiling, reverse engineering, or altering any functions of the Services or any data stored within the Services.
Using bots or similar technologies to access electronic systems or to obtain data, or attempting to access another person's account without authorization.
Allowing third parties to use the Services under the Service User's account or by any other means without the Company's prior written consent.

3. Intellectual Property Rights

The Company owns and holds all intellectual property rights in the Portal, Services, software, models, datasets, publications, Output Data, and any information stored within the Services. The Service User's use of the Services shall not be construed as a transfer of ownership or any intellectual property rights of the Company, whether in whole or in part. The Service User shall not use, modify, or distribute the Output Data, in whole or in part, for any commercial purpose without the Company's prior written consent.

4. Assignment

The Service User shall not assign or transfer their rights, duties, and/or obligations (including the transfer of any API tokens provided by the Company), whether in whole or in part, under these Terms and Conditions to any third party without the Company's prior written consent. Even if such consent is granted, the Service User shall remain fully responsible to the Company under these Terms and Conditions.

5. Modification of Services

The Company reserves the right to temporarily suspend the Services, in whole or in part, for the purpose of improving or developing the Services as deemed appropriate by the Company, for a duration determined by the Company. The Company also reserves the right to modify any functions of the Services at any time.

The Company may amend these Terms and Conditions from time to time as appropriate, and such amended Terms and Conditions shall become effective upon their publication on the Company's website, namely iapp.co.th, or any other updated URL.

6. Suspension and Termination

Except as provided in Clause 5, the Company reserves the right to suspend or terminate the Services, in whole or in part, at any time at the Company's sole discretion, by providing the Service User with not less than 30 days' prior notice. However, in any of the following circumstances, the Company may immediately suspend or terminate the Services, in whole or in part, without prior written notice to the Service User:

The Service User provides false information or fails to comply with these Terms and Conditions.
The Company suspects or has reasonable grounds to believe that the use of the Services may be unlawful, violate any applicable regulations, or involve fraudulent or improper use in any manner, regardless of who commits such acts.
The Service User engages in any act, whether intentionally or negligently, that directly results in the distribution of software viruses or other disruptive programs into any part of the Services, interferes with or prevents others from using the Services normally, affects the performance of the Services, or causes any negative impact on the Services provided by the Company.
The Service User becomes legally incapacitated, insolvent, bankrupt, subject to receivership, or adjudged bankrupt by a court, as the case may be.
The Company is required to comply with laws, regulations, or orders issued by courts, investigators, government officials, government agencies, or any competent authority, and/or due to any other reasons or necessities that prevent advance notice.

7. Surviving Obligations

The suspension or termination of the Services shall not affect any rights or liabilities arising from the use of the Services that have already come into effect, and such rights and obligations shall continue to remain binding upon both the Service User and the Company until fully discharged.

8. Disclaimer and Warranties

The Service User acknowledges and agrees that:

The Services provided by the Company under these Terms and Conditions are offered on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind other than those expressly set forth in these Terms and Conditions.
The Company does not represent or warrant, whether expressly or impliedly, the quality, completeness, reliability, accuracy, or suitability of any Content, including merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, freedom from errors, viruses, or other harmful components, nor the availability or operability of the Portal and/or the Services at any given time.
The Company has no obligation to review, correct, or update any Content.
The Company shall not be liable to the Service User for the quality, completeness, reliability, accuracy, or suitability of any Content.

9. Limitation of Liability

The Company shall not be liable to the Service User for any loss or damage arising out of or in connection with the use of the Services and/or the Service User's Output, for any reason whatsoever, including force majeure events. Under no circumstances shall the Company be liable for any indirect, punitive, or consequential damages and/or any loss arising from the use of the Services and/or the Service User's Output.

If the Service User causes any damage to the Company arising from the Service User's use of the Services, the Service User shall be fully responsible for and indemnify the Company against all damages incurred, including but not limited to amounts paid or claimed by third parties, legal fees, procedural expenses, and any related costs or liabilities. In the event of any dispute between the Service User and any third party, the Service User shall be solely responsible for negotiating or resolving such dispute, and the Service User shall not claim any damages or errors from the Company resulting therefrom.

10. Privacy and Personal Data

In the course of using the services, the Company will collect, use, and disclose the personal data of the user and/or any other individual's personal data provided by the user to the Company for the purpose of providing the services under these terms and conditions, as well as for any other purposes specified in the Company's Privacy Notice. To understand how the Company collects, uses, and discloses personal data and the rights of data subjects under personal data protection laws, users may refer to the Privacy Notice published on the Company's website at iapp.co.th and/or any other channels designated by the Company, which may be amended from time to time and notified to users through the aforementioned website and/or other designated channels.

Furthermore, in cases where the user provides the personal data of any other individual to the Company, the user must inform such individual of the relevant details regarding the collection, use, and disclosure of personal data, as well as the rights specified in the aforementioned Privacy Notice.

11. Notices and Communications

Any notice, document, or information delivered or transmitted by the Company to the user via the email address provided by the user, or as updated and notified to the Company by the user, shall be deemed duly received by the user. The user shall be considered to have acknowledged the contents of such documents upon delivery in accordance with the foregoing.

12. Severability

If any provision of these terms and conditions, or any document referenced herein, is or becomes illegal, invalid, or unenforceable in any respect, such provision shall be deemed severed. The remaining provisions shall continue to be valid, lawful, and enforceable, and shall not be affected or rendered void by the illegality, invalidity, or unenforceability of such provision or document.

13. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. The courts of Thailand shall have exclusive jurisdiction over any disputes arising out of or in connection with these terms and conditions.

Contact Information

If you have any questions about these Terms & Conditions, please contact:

Data Protection Officer Email: legal@iapp.co.th

Call Center Email: info@iapp.co.th

iApp Technology Co., Ltd. (iApp) Tax Identification Number: 0135556015413 Head Office: 80/359 Moo 3, Soi Khlong Luang 26 Tambon Khlong Nueng, Amphoe Khlong Luang Pathum Thani Province 12120, Thailand