Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website https://www.kyber-commerce.com (the “Site”) and any services, platforms, tools, applications, software, or solutions provided by Nas Tec Pte. Ltd. and its affiliated entities (collectively, “Kyber”, “we”, “us” or “our”) (collectively, the “Services”). These Terms form an agreement between You and Kyber, and they include our Privacy Policy for resolving through arbitration.

By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must cease using the Site and Services immediately.

1. Eligibility and access

• 1.1 You must be at least 18 years old or have legal capacity under applicable law to access and use the Site and Services. If you are under 18, you must have your parent or legal guardian's permission to access and use the Site and Services.
• 1.2 You agree to use the Site and Services only for lawful purposes and in accordance with these Terms.
• 1.3 We reserve the right to restrict, suspend or terminate your access to the Site or Services at our sole discretion, without prior notice.
• 1.4 In accessing and using our Site and Services, you must comply with all applicable laws as well as our Privacy Policy, and any other documentations, guidelines, or policies we make available to you from time to time.

2. Scope of services

• 2.1 Kyber provides integrated cross-border e-commerce services, including but not limited to:
• 2.1.1 e-commerce operations and store management;
• 2.1.2 digital marketing and performance media services;
• 2.1.3 social commerce and content-driven growth solutions;
• 2.1.4 supply chain, logistics and fulfillment solutions; and
• 2.1.5 technology-enabled platforms, tools, dashboards, AI-driven systems and related services.
• 2.2 Certain Services may require separate agreements, subscriptions, or commercial contracts, which shall prevail in the event of any conflict with these Terms.
• 2.3 Our Services and Sites may include third party software, products, or services ("Third Party Services") and some parts of our Services, like our browse feature, may include output from those services ("Third Party Output"). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible to them.

3. User accounts and responsibilities

• 3.1 Where applicable, you may be required to register for an account to access certain Services.
• 3.2 You agree to provide accurate, complete and up-to-date information when creating an account.
• 3.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
• 3.4 You must notify us immediately of any unauthorised access or use of your account.

4. Acceptable use

• 4.1 You agree not to use our Services, including but not limited to:
• 4.1.1 use the Site or Services in any manner that violates any applicable laws or regulations, or violates anyone's rights.
• 4.1.2 interfere with, disrupt or compromise the integrity or security of the Site or Services.
• 4.1.3 attempt to gain unauthorised access to any systems, data or accounts;
• 4.1.4 use automated systems, bots or scraping tools without our prior written consent;
• 4.1.5 upload, transmit or distribute any harmful, unlawful, infringing or malicious content; or
• 4.1.6 use the Site or Services for any purpose that is fraudulent, abusive or otherwise harmful to Kyber or any third party.
• 4.1.7 Modify, copy, lease, sell or distribute any of our Services.
• 4.1.8 Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services and/or Sites, including but not limited to our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).

5. Content

• 5.1 You may provide input or information to the Services ("Input"), and receive output from the Services and Sites based on the Input ("Output"). Input and Output are collectively referred as "Content".
• 5.2 You are responsible for Content, including but not limited to ensure that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, license, and permissions needed to provide Input to our Services.
• 5.3 By giving any Input to us, you hereby grant the ownership or Input to become our ownership.
• 5.4 Any Output given by us will retain our rights, and we hereby grant you the right to use.
• 5.5 You acknowledge that Output may not be unique and others may receive similar output from our Services. Our assignment thereof does not extend to other users' output or any Third Party Output.
• 5.6 We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services and Sites safe.
• 5.7 When you use our Services and Sites you understand and agree:
• 5.7.1 Output may not always be acurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
• 5.7.2 You must evalute Output for accuracy and appropriateness for your use case, including using human review as approriate, before using or sharing Output from the Services and Sites.
• 5.7.3 Our Services may provide incomplete, incorrect, or offensive Output that does not represent Kyber's view. If Output references any third party products or services, it does not mean the third party endorses or is affiliated with Kyber.

6. Intellectual property

• 6.1 All content on the Site and within the Services, including but not limited to text, graphics, logos, icons, images, software, and design elements, are owned by or licensed to Kyber and are protected by applicable intellectual property laws.
• 6.2 You may not copy, reproduce, modify, distribute, display, publish, or create derivative works from any content without our prior written consent.
• 6.3 Nothing in these Terms grants you any ownership rights in or to the Site or Services.

7. Technology platforms and data usage

• 7.1 Certain Services may include access to Kyber’s proprietary platforms, dashboards, analytics tools, AI systems or automation tools.
• 7.2 You agree that:
• 7.2.1 such platforms are provided on an “as is” and “as available” basis;
• 7.2.2 you will not reverse engineer, decompile or attempt to extract source code;
• 7.2.3 data generated through usage of the Services may be processed, analysed and aggregated for service improvement, subject to our Privacy Policy.

8. Third party services

• 8.1 The Site or Services may integrate with or contain links to third party platforms, marketplaces, payment providers or service providers.
• 8.2 We are not responsible for the content, functionality or practices of such third parties.
• 8.3 Your use of third party services is subject to their respective terms and policies.

9. Fees and payments

• 9.1 Certain Services may be subject to fees, subscription charges or transaction-based pricing.
• 9.2 All fees, payment terms and billing arrangements shall be governed by separate commercial agreements where applicable.
• 9.3 Unless otherwise stated, all payments are non-refundable.

10. Disclaimer of warranties

• 10.1 The Site and Services are provided on an “as is” and “as available” basis.
• 10.2 To the fullest extent permitted by law, Kyber disclaims all warranties, whether express or implied, including but not limited to:
• 10.2.1 merchantability;
• 10.2.2 fitness for a particular purpose; and 10.2.3 non-infringement.
• 10.3 We do not guarantee that the Site or Services will be uninterrupted, secure or error-free.

11. Limitation of liability

• 11.1 To the fullest extent permitted by law, Kyber shall not be liable for any indirect, incidental, consequential or special damages.
• 11.2 This includes, without limitation, loss of profits, revenue, data, business opportunities or goodwill arising from or in connection with your use of the Site or Services.
• 11.3 Our total liability shall not exceed the amount paid by you (if any) for the relevant Services.

12. Indemnity

• 12.1 You agree to indemnify and hold Kyber harmless from any claims, damages, liabilities, costs or expenses arising from:
• 12.1.1 your use of the Site or Services;
• 12.1.2 your breach of these Terms; or
• 12.1.3 your violation of any applicable laws or third party rights.

13. Termination

• 13.1 We may suspend or terminate your access to the Site or Services at any time without prior notice if you breach these Terms.
• 13.2 Upon termination, your right to use the Services will immediately cease.

14. Changes to these Terms

• 14.1 We reserve the right to modify these Terms at any time.
• 14.2 Updated versions will be published on the Site, and continued use constitutes acceptance of the revised Terms.

15. Governing law and jurisdiction

• 15.1 These Terms shall be governed by and construed in accordance with the laws of Singapore.
• 15.2 Your and Kyber agree to resolve any claims arising out of or relating to these Terms, regardless of when the claim arose, even if it was before these Terms existed ("Dispute"), through final and binding arbitration administered by the Singapore International Artbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorproated by refernce in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 Arbitrator. The language of the arbitration shall be English.
• 15.3 Kyber will not seek attorney's fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

16. Contact us

• 16.1 If you have any questions regarding these Terms, please contact: pr@kyber-commerce.com