In these Terms:
Authorised Partner means our authorised resellers, distributors, integration partners and similar.
Business Hours means 9am to 6pm, Monday to Saturday, Singapore time.
Chat Channel means a third party messaging or chat service through which a Chatter can interact with a Conversational AI Instance using the Platform Services.
Chatter means an individual who interacts with a Conversational AI Instance provided using the Platform Services.
Chatter Data means all:
Chatter Personal Information means all personal information about a Chatter.
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Platform. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Underlying Systems. Your Confidential Information includes the Content.
Content means all data, content, and information (including personal information) owned, held, used or created by you or your Permitted Users or on your or your Permitted Users’ behalf that is stored or processed using, or inputted into, the Platform, including the content of the Conversational Material, but excluding the Chatter Data.
Conversational AI Instance means a chatbot or other conversational artificial intelligence instance.
Conversational AI Services means Conversational AI Instances that utilise the Platform.
Conversational Material means the written language and conversational direction for a Use Case implemented into a Conversational AI Instance as the framework for directing Chatter engagement through conversations with the Conversational AI Instance.
Fees means the applicable fees for Paid Services (including any feature of Paid Services that you subsequently subscribe to) set out on our pricing page on the Website at https://www.pbrain.biz/pricing or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 9.7.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
Free Services means the Platform Services provided to you under a free trial or other non-paying plan (which may include services or functionality made available to you to try at your option at no additional charge which are designated as beta, pilot, limited release, developer preview, non-production, evaluation, or similar), as made available by us to you.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification, or derivative work of the Intellectual Property.
Minimum Terms means the minimum terms set out in the Schedule, as updated by us from time to time by notice to you.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
Paid Service means a Platform Service offered under a fees-based plan.
a party includes that party’s permitted assigns.
Permitted Users means your personnel and, if you are a company, your Related Companies and your Related Companies’ personnel who are authorised to access and use the Platform User Interface on your behalf in accordance with clause 7.1.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Platform means the software platform owned by us (and our licensors) that is used to provide the Services.
Platform Services means the services having the core functionality described on the Website, as the, Website is updated from time to time, but excluding Support Services.
Platform User Interface means the user interface areas of the Platform Services that are accessible by you and your Permitted Users using a User ID.
Related Company means a corporation that is deemed to be related to another as set out in section 6 of the Companies Act (Cap. 50) of Singapore.
Sales Tax means sales tax, value added tax, goods and services tax, or equivalent tax payable under any applicable law.
Services means the Platform Services and the Support Services.
Support Services means non-automated services that are provided by us and/or our Authorised Partners to support and maintain the Platform Services and to assist you in your use of the Platform Services.
Start Date means the date on which you first access or use the Platform Services.
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide the Platform Services, including any third party solutions, systems and networks.
Use Case means the Conversational AI Instance use cases agreed in writing with us.
User ID means a unique name and/or password allocated to you or a Permitted User to allow you or that Permitted User to access certain parts of the Platform Services.
we, us or our means PBrain Pte. Ltd., a company registered in Singapore with unique entity number 201727710N.
Website means the internet site at https://www.pbrain.biz, or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
you or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
A reference to $ or dollars is to United States currency.