Terms of Use

1. Purpose of the Websites

The Websites provide general information about Taomish, Xceler, our products, services, capabilities, industries, insights and business activities. Website content is provided for general information only.

Nothing on the Websites constitutes an offer to supply any product or service, or legal, financial, investment, tax, accounting, technical, trading, risk-management or other professional advice. You should obtain independent professional advice before acting on any information made available through the Websites.

Xceler software products and services are provided only under a separate written agreement, order form, subscription agreement, master services agreement, licence agreement or other applicable contract entered into with Xceler Pte. Ltd. These Terms of Use do not govern the use of paid Xceler products or services, except where expressly stated in the applicable customer agreement.

2. Changes to the Websites and Terms

We may modify, suspend, withdraw, restrict or discontinue any part of the Websites, their content or available features at any time, with or without notice.

We may update these Terms of Use from time to time. The updated version will be published on this page with a revised "Last updated" date. Your continued use of the Websites after changes take effect means that you accept the updated Terms of Use.

3. Intellectual property

Unless otherwise stated, all content on the Websites, including text, graphics, designs, logos, trade marks, trade names, software, interfaces, videos, images, documents, data, downloads and other materials (together, the "Content") is owned by, licensed to or controlled by Taomish Pte. Ltd., Xceler Pte. Ltd., Taomish India Pvt. Ltd. or their licensors and is protected by intellectual-property and other applicable laws.

You may view, download and print Content only for your own internal, lawful and non-commercial use, provided that you do not remove proprietary notices or modify the Content.

You must not, without our prior written permission:

• Copy, reproduce, republish, upload, post, transmit, distribute, sell, licence or commercially exploit any Content
• Modify, adapt, translate, reverse engineer, decompile or create derivative works from the Websites or Content
• Use any Taomish, Xceler or related trade mark, logo, brand element or domain name
• Use automated tools, bots, crawlers, scrapers or similar means to access, copy, index, extract or monitor the Websites or Content
• Frame, mirror or otherwise incorporate any part of the Websites into another website or service
• Remove or obscure copyright, trade-mark or proprietary notices

Nothing in these Terms of Use grants you any right, title or interest in the Websites or Content, except for the limited right of use expressly set out above.

4. Acceptable use

You may use the Websites only for lawful purposes and in accordance with these Terms of Use.

You must not:

• Use the Websites in a way that is unlawful, fraudulent, harmful, misleading or abusive
• Interfere with, disrupt, damage, overload or compromise the security or operation of the Websites or related systems
• Attempt to gain unauthorised access to any part of the Websites, accounts, networks, systems or data
• Introduce viruses, malware, ransomware, spyware, malicious code or other harmful material
• Use the Websites to infringe another person's rights, including intellectual-property, privacy or confidentiality rights
• Submit false, inaccurate, misleading, defamatory, offensive or unlawful information through a form or other Website feature
• Collect or process personal data from the Websites without a lawful basis and all required permissions
• Use the Websites to build, train, test or improve a competing product, service, dataset or model without our prior written consent

We may suspend or restrict access to the Websites where we reasonably believe there has been a breach of these Terms of Use, a security risk, unlawful activity or other misuse.

5. Enquiries and submitted information

Where you submit information through a Website form, request a demonstration, contact us, apply for a role or otherwise provide information, you confirm that the information is accurate and that you are authorised to provide it.

You must not submit confidential information, trade secrets, sensitive personal data or other material that you do not have the right to share, unless we have specifically requested it and provided an appropriate secure channel.

Unless otherwise agreed in writing, information submitted through the Websites is not treated as confidential. Do not submit material that you expect us to keep confidential through a general website contact form.

6. Privacy

Our collection, use and disclosure of personal data is governed by our Privacy Policy. By using the Websites or providing personal data to us, you acknowledge that you have read the Privacy Policy.

7. Third-party websites and services

The Websites may contain links to third-party websites, applications, platforms, tools, integrations, content or services. These are provided for convenience only.

We do not control, endorse or accept responsibility for third-party content, security, availability, products, services, privacy practices or terms. Your use of third-party services is at your own risk and subject to the terms and policies of the relevant third party.

8. No warranties

To the fullest extent permitted by applicable law, the Websites and Content are provided on an "as is" and "as available" basis.

We do not make any representation or warranty, whether express, implied or statutory, regarding the Websites or Content, including any warranty of accuracy, completeness, reliability, timeliness, availability, security, non-infringement, merchantability, fitness for a particular purpose or freedom from harmful components.

We do not guarantee that the Websites will be uninterrupted, error-free, secure, available at any particular time, compatible with your device or free of viruses or other harmful components. Information on the Websites may be incomplete, out of date or subject to change without notice.

9. Limitation of liability

To the fullest extent permitted by applicable law, Taomish Pte. Ltd., Xceler Pte. Ltd., Taomish India Pvt. Ltd. and their respective directors, officers, employees, agents, affiliates, suppliers and licensors will not be liable for any loss, damage, cost, expense or claim arising out of or in connection with:

• Your access to, use of or inability to use the Websites or Content
• Reliance on any Website content, information, statement or material
• Errors, omissions, interruptions, delays, defects, security incidents or unavailability affecting the Websites
• Viruses, malware or other harmful components associated with the Websites or communications
• Any third-party website, content, product, service, integration or action
• Unauthorised access to, loss of or alteration of information submitted through the Websites

This exclusion includes, to the fullest extent permitted by law, indirect, incidental, special, punitive, exemplary or consequential loss; loss of profits, revenue, business, opportunity, goodwill, data or anticipated savings; business interruption; and loss arising from reputational harm, even if we have been advised of the possibility of such loss.

Nothing in these Terms of Use excludes or limits liability that cannot lawfully be excluded or limited.

10. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless Taomish Pte. Ltd., Xceler Pte. Ltd., Taomish India Pvt. Ltd. and their respective directors, officers, employees, agents, affiliates, suppliers and licensors from and against losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with:

• Your breach of these Terms of Use
• Your misuse of the Websites or Content
• Your violation of applicable law or another person's rights
• Information or material you submit through the Websites

11. Governing law and jurisdiction

These Terms of Use, and any dispute or claim arising out of or in connection with them or your use of the Websites, are governed by the laws of the Republic of Singapore.

You agree to submit to the exclusive jurisdiction of the courts of Singapore, except where applicable law requires otherwise.

12. General

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in full force and effect.

A failure or delay by us to enforce any provision of these Terms of Use is not a waiver of that provision or any other right.

You may not assign, transfer or otherwise deal with your rights or obligations under these Terms of Use without our prior written consent. We may assign or transfer our rights and obligations in connection with a corporate transaction, reorganisation or transfer of assets.

13. Contact us

For questions about these Terms of Use, please contact: