Terms of Service.

Who we are

These Terms of Service (the "Terms") are an agreement between you and The Direct API Pte. Ltd., a company incorporated in Singapore ("we", "us", "our"). They govern your use of every mobile and web application we publish (each an "App"), unless an App ships its own terms. By downloading, installing or using an App you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

These Terms cover our apps only. Our data products, The Beauty API and The Food API, are governed by the terms published on their own websites.

Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own personal or internal business use, in accordance with these Terms and the rules of the store you obtained it from. You may not:

• copy, modify, translate, reverse engineer, decompile or create derivative works of the App, except to the extent the law expressly permits;
• rent, lease, lend, sell, sublicense, redistribute or otherwise transfer the App to anyone else;
• remove or alter any copyright, trademark or other proprietary notice;
• use the App to break the law, infringe anyone's rights, or interfere with any service or device;
• use automated means to access any online service an App provides, except through interfaces we publish for that purpose.

Any source code we publish under an open-source licence is governed by that licence rather than by this section.

Accounts and purchases

If an App offers accounts, you must give accurate information, keep your credentials confidential, and tell us promptly of any unauthorised use. You are responsible for activity under your account. If an App offers in-app purchases or subscriptions, the price, billing period, renewal and cancellation are shown at the point of purchase and are handled by Apple or Google under their terms. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period through your store account settings. Refunds are handled by the store according to its policies, except where the law gives you additional rights.

Measurements, estimates and informational content

Some Apps display readings, estimates, calculations or information derived from your device's sensors, from data you enter, or from public sources. Unless an App expressly states that it is calibrated or certified, such output is an estimate for general information only. It may be inaccurate, may vary between devices and platforms, and does not follow any measurement standard. Do not rely on it for decisions about health, safety, occupational exposure, legal or regulatory compliance, medical treatment or finances. Nothing in an App is professional advice.

Your content

You keep ownership of the content you create with an App, such as recordings, measurements, notes and images. You are solely responsible for that content and for how you use it, including complying with laws on recording, privacy and intellectual property, and obtaining any consent you need from other people. Where an App stores your content only on your device, we have no access to it and cannot recover it if it is lost; you are responsible for keeping backups of anything you want to retain. Where an App transmits content to us, you grant us a licence to store and process it only as needed to provide the App.

Updates and availability

We may release updates and may change, suspend or discontinue an App, or any feature, at any time without notice. Updates may change how the App works or how data is stored. We are not obliged to provide support, maintenance or updates, although we try to respond to reports made through our support page. Where an App relies on an online service, we do not guarantee that service will be uninterrupted or error-free.

Intellectual property

Each App, including its code, design, icons, names and content we provide, is owned by us or our licensors and protected by copyright, trademark and other laws. These Terms do not transfer any ownership to you. Third-party components, such as fonts and open-source libraries, remain the property of their owners and are used under their own licences, which are listed in the App or available on request. Feedback you send us may be used without obligation.

Disclaimers, liability and indemnity

To the fullest extent permitted by law, each App is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the App will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that cannot be excluded by agreement, including, where applicable, the Consumer Protection (Fair Trading) Act 2003 of Singapore.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, loss of content, loss of profits or personal injury, arising out of or in connection with an App or these Terms, however caused and under any theory of liability, even if we were advised of the possibility of such damages. Our total liability to you for all claims arising out of or in connection with an App or these Terms will not exceed the amount you paid us for that App in the twelve months before the claim or, if you paid nothing, SGD 50. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded or limited by law.

You agree to indemnify and hold us, our officers and our employees harmless from any claim, loss or expense, including reasonable legal fees, arising from your breach of these Terms or your unlawful use of an App or of any content you create with it.

Termination

These Terms remain in effect until terminated. They terminate automatically if you breach them, and we may suspend or terminate your access to any online service for breach. You may terminate them at any time by deleting the App from your devices. On termination you must stop using the App. Sections 4, 5, 7, 8 and 11 to 13 survive termination.

Changes to these terms

We may update these Terms. The current version is always published at this address with its effective date, and material changes will also be noted in the relevant App's store listing or release notes. Your continued use of an App after a change takes effect means you accept the updated Terms.

Apple-specific terms

If you obtained an App from the Apple App Store, the following also applies:

• These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
• Your licence is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, subject to these Terms.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar laws.
• If a third party claims that the App or your use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim, to the extent required by these Terms.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

Google Play-specific terms

If you obtained an App from Google Play, your use of it is also subject to the Google Play Terms of Service. If there is a conflict between these Terms and the Google Play Terms of Service regarding your relationship with Google, the Google Play Terms of Service prevail for that purpose.

Governing law and general

Governing law. These Terms are governed by the laws of the Republic of Singapore, without regard to conflict-of-law principles. Subject to any mandatory consumer rights you have in your country of residence, the courts of Singapore have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or an App.

Entire agreement. These Terms and the Privacy Policy, together with any App-specific terms we publish, are the entire agreement between you and us regarding the App and supersede any prior agreements.

Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms. We may assign them to an affiliate or a successor to our business.

Export control. You agree to comply with all applicable export and re-export control laws in your use of an App.

Third-party rights. Except for Apple as set out in section 11, no person other than you and us has any right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of these Terms.

Contact

The Direct API Pte. Ltd., Singapore. Enquiries about these Terms: [email protected].