GENERALTERMS & CONDITIONS
Last updated: 6 March 2025
1. GENERAL
1.1 These Terms and Conditions (“Terms”) governyour use of the language learning application currently available on thewebsite (app.bluente.com), the Apple App Store and the Google Play Store (the “App”),and the document translation software currently available via the website(translate.bluente.com) (the “Tool”), provided by Bluente Pte. Ltd. (“Bluente”,"we", "us" or "our").
1.2 We are a private limited company registered under thelaws of Singapore, having its principal place of business at 9 Battery Road,#28-01, MYP Centre, Singapore 049910.
1.3 “Services” shall be defined as the use oraccess to the App, the Tool or any related software, solutions and servicesoffered by us through the App and the Tool.
1.4 Please read these Terms carefully before downloading,installing, accessing, browsing or using the App or the Tool. By downloading,installing, accessing, browsing or using the App or the Tool, you accept andagree to the Terms which bind you legally. If you do not agree to the Terms,you are not permitted to use the App or the Tool, and you must immediatelycease downloading, installing, accessing, browsing or using the App or theTool. Your continued use of the App or the Tool signifies your acceptance ofthe Terms.
1.5 To enhance the general accessibility of these Terms,Bluente may publish translations of these Terms in other languages. However, inthe event of any inconsistency between the translated versions and the Englishversion of these Terms, the English version shall be the authoritative versionand will take precedence.
1.6 In order for Bluente to provide you with the Services,it is necessary for your Personal Data to be collected and processed inaccordance with Clauses 2 to 4 of our Privacy Policy. Your Personal Data willnot be processed for any other additional purpose unless your express consentis obtained.
1.7 If you experience any technical issues with the App,the Tool or the Services, or you would like to contact us regarding theseterms, you may contact us by sending an email to support@bluente.com.
2. ACKNOWLEDGEMENTS
2.1 Bluente has the right to change or revise these Termsat any time and without prior notice. You are bound by any such changes orrevisions and should therefore periodically visit this page to review thethen-current terms and conditions. Your access and use of the App, the Tool orthe Services will be subject to the most current version of the Terms. Bycontinuing to access or use the App, the Tool or the Services after anamendment becomes effective, you agree to be bound by the amended Terms.
2.2 In order to use the App, the Tool or the Services viaa mobile device, you must have a compatible device which meets the followingminimum specifications:
(a) For Apple devices, requires iOS [13.0] or later, andis compatible with iPhone, iPad, and iPod Touch; and
(b) For Android devices, requires 10 and up.
2.3 Any compatible device to which you downloaded the Appwill be known as a “Device” for the purposes of these Terms. You confirmthat you either own the applicable Device(s) or if not owned by you, you haveobtained permission to install and use the App on such Device(s). You acceptresponsibility for any use of the App on or in relation to such Device(s),whether or not such Device(s) is owned by you or such use was made by you. Youacknowledge and agree that Bluente and its subsidiaries, affiliates, partners,suppliers and licensors shall have no liability to you for any losses sufferedresulting from or arising in connection with compatibility or interoperabilityproblems.
2.4 From time to time, updates to the App may be madeavailable through the Apple AppStore and the Google Play Store. Depending onthe update, and whether you utilized the Apple App Store or the Google PlayStore to download and access the App, you may not be able to use the App andthe Services until you have installed the latest version.
2.5 You acknowledge that the App, the Tool and theServices are provided over the Internet and mobile networks and so the qualityand availability of the App, the Tool and the Services may be affected byfactors outside our reasonable control. Accordingly, we do not accept anyresponsibility for any connectivity issues that you may experience when usingthe App, the Tool and the Services. In addition, you acknowledge and agree thatyou (and not us) are responsible for obtaining and maintaining alltelecommunications, broadband and computer hardware, equipment and servicesneeded to access and use the App, the Tool and Services, and for paying anydata charges that may be charged to you by your network provider in connectionwith your use of the App, the Tool and Services. In the event you choose toshare information from the App by utilizing SMS/text functionality, youacknowledge and agree that you (and not us) are responsible for paying anyrelated fees that may be charged to you by your network or telecommunicationsprovider.
2.6 You confirm that you are of legal age and have therequisite capacity in your country to form a binding contract and hereby agreeto be bound by these Terms. If you are an employee or other representative of abusiness or other entity and you are using the App in your representativecapacity, then you hereby represent that you are authorised to use the App as arepresentative of the entity and agree to these Terms on behalf such entity.
3. DATA PROTECTION
3.1 Bluente’s Privacy Policy constitutes an integral partof these Terms. By using our Services, you agree that we can collect, use, andshare your Personal Data consistent with our Privacy Policy. As used in theseTerms, “Personal Data” means any information relating to an identifiedor identifiable natural person, and an "identifiable" natural personis one who can be identified, directly or indirectly, in particular byreference to an identifier, such as a name, an identification number, locationdata, an online identifier, IP address or the like.
3.2 You are responsible for keeping the details of youruser account for the App, the Tool or the Services secure and you should notshare such details with anyone else. You may not collect or harvest anyPersonal Data of any other user of the App, the Tool or the Services, includingaccount names.
4. THIRD PARTY CONTENT
4.1 The App, the Tool or the Services may contain links toindependent third-party websites or other applications ("Third-PartySites"). Third Party Sites are not under our control, and you agreethat we are not responsible for and do not endorse or monitor their content orprivacy policies (if any). We expressly disclaim any liability for loss ordamage sustained by you as a result of the accessing and use of Third-PartySites.
5. LICENSE
5.1 Subject to these Terms, the Privacy Policy and theApple App Store Rules and the Google Play Store Rules (as applicable), we grantto you a non-exclusive, non-transferable, non-sublicensable, personal, limited,revocable license to use the App on the Device(s) for the purposes of languagelearning and the Tool for document translation. Any other use of the App, theTool or the Services is strictly prohibited. We reserve all rights in and tothe App, the Tool and the Services. We reserve the right to revoke this licenseat any time, in our sole and absolute discretion.
6. LICENSE RESTRICTIONS
6.1 You are authorized to use the App, the Tool and the Servicesonly in accordance with these Terms. Except as expressly permitted under theseTerms, and unless prohibited by the applicable laws, you hereby agree:
(a) Not to copy, duplicate, reproduce, publish, transmit,upload, participate in the transfer of, and/or post any content or materialspresented in or provided by the App, including without limitation for public orcommercial purposes, including any text, images, audio and video, except aspermitted by the App’s sharing function;
(b) Not to rent, lease, sub-license, loan, distribute,time-share, or translate the App, the Tool or the Services in any way;
(c) Not to make alterations to, or modifications of, thewhole or any part of the App, the Tool or the Services, or permit the App, theTool or the Services or any part of it to be combined with, or becomeincorporated in, any other programs or applications;
(d) Not to disassemble, decompile, reverse engineer, adaptor create derivative works based on the whole or any part of the App, the Toolor the Services;
(e) Not to sell, resell, or exploit the App, the Tool orthe Services whether in whole or in part and in any form, to any person withoutprior written consent from us; and
(f) Not to remove or infringe any copyright, trademark orother proprietary rights from the App, the Tool or the Services;
7. TERMS OF SERVICES
7.1 User Account. When creatinga User Account in relation to your use of the App, the Tool or the Services,you will provide to us true, accurate, current, and complete information. Youwill update the information about yourself and/or your entity promptly, and asnecessary, to keep it current and accurate. You are responsible for anyactivity that occurs in your User Account. Please keep it secure, protect itwith a strong password, and do not share the password with anyone. If you thinkthat someone has gained access to your User Account, please contact usimmediately at support@bluente.com.
7.2 After you create your User Account and agree to theFees (set out in Section 8 below), you will be able to access the App, the Tooland the Services.
7.3 You are responsible for any access or data feesincurred from third parties (such as your Internet provider or mobile carrier)in connection with your use of the App, the Tool and the Services.
7.4 Besides the restrictions set out in Clause 6.1 above,you further agree:
(a) Not to use the App, the Tool or the Services in anyunlawful manner, for any unlawful or criminal purpose, or in any mannerinconsistent with these Terms, or act fraudulently or maliciously, for example,by hacking into or inserting malicious code, including viruses, or harmfuldata, into the App, the Tool or the Services;
(b) Not to use the App, the Tool or the Services torecord, post or transmit any content, materials or information that isdefamatory, threatening, abusive, offensive, obscene, indecent, discriminatoryor is otherwise objectionable or infringes on third party rights;
(c) Not to use the App, the Tool or the Services in a waythat could damage, disable, overburden, impair or compromise our systems orsecurity or interfere with other users, or restrict or inhibit any other usersfrom using the App, the Tool or the Services (including by hacking or defacing theApp, the Tool or the Services); and
(d) Not to collect or harvest any information or data fromthe App, the Tool, the Services or our systems or attempt to decipher anytransmissions to or from the servers running the App, the Tool or the Services,including, without limitation, by using any robot, spider, sitesearch/retrieval application or other manual or automatic device to retrieve,index, "scrape", "data mine" or in any way gather the Appcontent or reproduce or circumvent the navigational structure or presentationof the App, the Tool or the Services without our prior written consent.
8. TERMS OF USE OF THE TOOL
"ConfidentialInformation" shall mean all information you disclose, upload, submit, orotherwise make available to Bluente via the Tool, including but not limited todocuments, text, files, and any other data provided for translation purposes.
“Content”refers to text of the documents you disclose, upload, submit, or otherwise makeavailable to Bluente via the translation tool, in order to have it processed bythe machine translation infrastructure operated by Bluente.
“ProcessedContent” refers to any Content that has been processed using Bluente’stranslation tool.
8.1 In respect of the Tool, Bluente agrees to adhere tothe following data access and storage provisions:
(a) Bluente will not store your Confidential Informationperpetually on its servers. Bluente will only store Content or ProcessedContent on its servers to the extent technically required to provide itsServices. Confidential Information, Content and/or Processed Content willneither be perpetually stored on Bluente’s servers nor returned to Customer.
(b) Bluente may create and retain access logs for billing,security, and statistical purposes, but such access logs shall not contain anyConfidential Information. These logs may include meta data, such as the time ofthe API Request and the size and format of the transmitted content.
(c) In exceptional cases where technical issues maycompromise the availability of the Services, Bluente may automatically storeConfidential Information for a maximum period of seventy-two (72) hours inencrypted form. Access to cryptographic keys for decryption will be grantedonly to selected employees of Bluente bound to confidentiality, and such accessshall be approved by the company management. The stored ConfidentialInformation will not be linked to any individual Customer.
8.2 You are granted permission to use the Tool solely forthe objectives mutually agreed upon by both parties. Specifically, you areprohibited from allowing third parties (including internal and end users) toaccess or utilize the Tool, any translations generated by the Tool, or anyother data, information, or services provided by Bluente, unless Bluente hasexplicitly authorized such use in writing. This includes:
(a) Usage related to or for operating criticalinfrastructure where failure could lead to significant economic or physicalharm;
(b) Engaging in spamming or any form of unsolicitedadvertising;
(c) Any illegal activities, including the development ofapplications that infringe upon third-party rights or violate any applicablelaws or regulations;
(d) Creating a similar product, service, or API primarilyintended to provide machine translation services, including but not limited tobilingual/multilingual dictionaries;
(e) Developing, marketing, or training a machinetranslation algorithm;
(f) Transmitting any data to the Tool that is notpermitted due to data protection laws, contractual or statutory confidentialityobligations, export restrictions, or other legal provisions or third-partyrights.
8.3 You are not entitled to repackage or resell thesecredentials or your access to the Tool to third parties, unless there is amutual agreement to the contrary.
8.4 If you use Third-Party Applications to access theTool, you must comply with the acceptable use policies of the Third-PartyApplication vendor, if applicable.
8.5 You are not allowed to access or control the Toolthrough automated procedures that may result in an unusually high number ofrequests, exceeding normal human usage patterns.
9. FEES, BILLINGS, AND PAYMENT
9.1 In order to access and use the App, the Tool or theServices, you are required to pay a monthly subscription fee based on thepricing here (“Fees”),unless otherwise agreed with us.
9.2 After the first payment of the Fees (“First Payment”),subsequent monthly payments of the Fees shall be made automatically through theapplicable payment method selected by you in respect of the Apple App Store orthe Google Play Store (as the case may be) on the same date of the FirstPayment of each calendar month thereafter (“Payment Date”), unless youterminate the subscription for the App one (1) clear day prior to the PaymentDate.
9.3 Where you have terminated the monthly subscription forthe App, the Tool or the Services at any time, you will have continued accessand use of the App, the Tool or the Services until 23:59 hours of the daypreceding the next Payment Date.
9.4 Our self-service Tool offers flexible pricing optionsto cater to your translation needs. Users can choose from the following feetiers, based on the number of pages they wish to translate:
l $10for up to 20 pages (Pay-As-You-Go)
l $40for up to 100 pages per month (Individual)
Theexact number of pages available under each tier will be clearly specified atthe time of purchase. Each payment made for a tier grants you access totranslate the specified number of pages within a validity period of 10 days,under the Pay-As-You-Go model, or 30 days, under the Individual model, from thedate of purchase. Unused pages will not roll over beyond this specified period.
9.5 Unless expressly provided in these Terms, all paymentsmade by you to Bluente in connection with the App, the Tool or the Services shallnot be refundable under any circumstances, including but not limited to thetermination of your rights to use or access the App, the Tool or the Services forany reason.
10.SECURITY
10.1 Bluente makes no warranty whatsoever to you, expressor implied, regarding the security of the App, the Tool or the Services,including with respect to the ability of unauthorized persons to intercept oraccess information transmitted by you or to you through the App, the Tool orthe Services. You acknowledge and agree that you are solely responsible formaintaining the security of your Device(s). Bluente is not responsible for anylosses resulting from the loss or theft of your Device(s), or the loss or theftof your information transmitted from or stored on your Device(s).
11.COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
11.1 You hereby agree and acknowledge that all intellectualproperty rights in and to the App, the Tool or the Services belong to Bluenteor its licensors, and the rights granted herein are licensed (not sold) to youto the extent required for you to use the App, the Tool or the Services asintended by Bluente in accordance with these Terms, and you have no rights in,or to, the App, the Tool or the Services or their contents other than the rightto use the App, the Tool or the Services in accordance with these Terms. Inparticular, you acknowledge that you have no rights to the source code of theApp, the Tool or the Services beyond what is required for you to use theServices in accordance with these Terms.
11.2 In the event that you elect to share information withBluente through the "Contact Us" function in the App, the Tool or theServices, you agree and acknowledge that:
(a) All information supplied by you is either original toyou, or you have the right to share it with Bluente;
(b) Bluente may utilize the information you supply, inwhole or in part, in any manner in connection with the App, the Tool or theServices;
(c) Any modifications or improvements made to the App, theTool or the Services as a result of your feedback are owned and controlledsolely by Bluente; and
(d) You have no right, title or interest in or to the App,the Tool or the Services as a result of sharing your feedback.
Youagree to not submit any confidential, proprietary or personal informationthrough the "Contact Us" function in the App, the Tool or theServices.
11.3 All trademarks, service marks, trade names, and logosare proprietary to Bluente or used by Bluente with the permission of its third-partyproviders. Nothing contained on the App, the Tool or the Services should beconstrued as granting, by implication, estoppel, or otherwise, any license orright to use any trademarks, service marks, trade names, and logos displayed onthe App, the Tool or the Services without the written permission of Bluente orthe relevant proprietors. Your use of the trademarks, service marks, tradenames, and logos displayed in the App, the Tool or the Services or any othercontent in the App, except as expressly permitted in these Terms, is strictlyprohibited.
11.4 With respect to the Tool, Bluente grants anon-exclusive, non-transferable, non-sublicensable worldwide right to use theTool for its internal intended purpose for the term and within the scope ofthis Agreement, subject to the authorised number of users for which you havepaid to Bluente.
11.5 In respect of the Tool, you shall retain all rights,title and interest in and to any Confidential Information and Content youupload, submit, or otherwise make available to Bluente through your use of theServices, as well as the Processed Content that is generated by the Tool.Nothing in these Terms shall be construed as granting Bluente any ownershiprights, license, or other interest in the Confidential Information, except asexpressly permitted in writing by you. Bluente shall not use, reproduce,disclose, or otherwise exploit your Confidential Information for any purposeother than as necessary to fulfill the Services under these Terms and inaccordance with its confidentiality obligations. Bluente does not assume anyrights, title and interest to the Processed Content made by you using the Tool.
11.6 Bluente does not assume any copyright to the ProcessedContent made by you in using the Tool. In the event that the Processed Contentmade by you using the Tool are deemed to be protected under copyright laws tothe benefit of Bluente, Bluente grants to you, upon creation of such ProcessedContent, all exclusive, transferable, sublicensable, worldwide perpetual rightsto use the Processed Content without limitation and for any existing or futuretypes of use, including without limitation the right to modify the ProcessedContent and to create derivative works.
12.WARRANTY DISCLAIMER - SERVICES AND CONTENT PROVIDED ONAN “AS IS” BASIS
12.1 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW,YOU UNDERSTAND AND AGREE THAT THE INFORMATION, MATERIALS, DATA AND CONTENTS INTHE APP ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
12.2 BLUENTE DOES NOT REPRESENT OR WARRANT THE ACCURACY,ADEQUACY, CURRENCY OR COMPLETENESS OF THE CONTENT, MATERIALS, DATA ANDINFORMATION PROVIDED AND AVAILABLE THROUGH THE APP, THE TOOL AND THE SERVICES,AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM.
12.3 BLUENTE MAKES NO WARRANTIES OR REPRESENTATIONS:
(a) THAT THE CONTENT, MATERIALS, DATA AND INFORMATIONPROVIDED IN THE APP, THE TOOL OR THE SERVICES ARE ACCURATE, ADEQUATE, CURRENTOR COMPLETE;
(b) THAT THE FUNCTIONS, CONTENT, MATERIALS, DATA OR THEINFORMATION AVAILABLE THROUGH THE APP, THE TOOL OR SERVICES WILL BE ACCESSIBLE,COMPLETE, TIMELY, UNINTERRUPTED, OR ERROR-FREE;
(c) THAT THE APP, THE TOOL OR THE SERVICES WILL ALWAYS BEDEFECT-FREE, VIRUS-FREE OR NOT CONTAIN ANY HARMFUL COMPONENTS;
(d) AS TO THE USE OR THE RESULTS OF THE USE OF THE APP,THE TOOL OR THE SERVICES;
(e) THAT ANY MESSAGES YOU SEND THROUGH THE SERVICES WILLBE DELIVERED; OR
(f) THAT YOUR ACCESS OR USE OF THE APP, THE TOOL OR THESERVICES WILL NOT RESULT IN ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OROTHER HARM.
12.4 WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHEREXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING ORCOURSE OF PERFORMANCE.
12.5 BLUENTE MAKES NO WARRANTY THAT THE APP OR THE TOOL ORTHE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THEAPP, THE TOOL OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, ORWILL BE SUITABLE FOR YOUR PURPOSES. BLUENTE DOES NOT WARRANT THAT THE APP, THETOOL OR THE SERVICES, WHETHER IN WHOLE OR IN PART, WILL BE FREE OF ALL VIRUSES,MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TOALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINEGRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFULSOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, BLUENTE IS NOTRESPONSIBLE FOR THE CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDER, OR PARTNER,WHETHER ONLINE OR OFFLINE.
13.LIMITATION OF LIABILITY
13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENTWILL BLUENTE, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,PARTNERS, REPRESENTATIVES, OR LICENSORS BE LIABLE, AND YOU EXPRESSLY AGREE TONOT HOLD BLUENTE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATIONDIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXPENSES OR DAMAGES;LOSSES OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OFANTICIPATED SERVICES; LOSS OF BUSINESS OPPORTUNITY, DATA, USE, GOODWILL ORREPUTATION, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM OR INCONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP,THE TOOL AND THE SERVICES (WHICH INCLUDES BUT IS NOT LIMITED TO LOSSES ARISINGDIRECTLY OR INDIRECTLY RESULTING FROM THE USE (WHETHER AUTHORISED ORUNAUTHORISED) OF ANY PERSONAL DATA PROVIDED BY THE USERS);
13.2 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 13.1ABOVE, BLUENTE DISCLAIMS ALL LIABILITY (INCLUDING BUT NOT LIMITED TOMISREPRESENTATION, INACCURATE INFORMATION AND FRAUD) IN RELATION TO ANYTRANSACTION THAT OCCURS ON OR IN CONNECTION WITH THE APP, THE TOOL OR THESERVICES, INCLUDING BUT NOT LIMITED TO TRANSACTIONS INDUCED BY ANYTHING SET OUTIN THE CONTENT, MATERIALS, DATA, INFORMATION, USER RATINGS OR ANY OTHER PART OFTHE APP, THE TOOL OR THE SERVICES.
13.3 IN NO EVENT WILL BLUENTE’S AGGREGATE LIABILITY FOR ANYCLAIM RELATING TO THE APP, THE TOOL OR THE SERVICES EXCEED THE FEES YOU PAIDBLUENTE FOR THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
14.INDEMNIFICATION
14.1 You agree, to indemnify, defend, and hold harmlessBluente, its affiliates, officers, directors, employees, agents, partners,representatives, and licensors (the “Indemnified Parties” and each an “IndemnifiedParty”) from and against all losses, claims, actions, demands, liabilities,expenses, damages, and costs, including reasonable attorneys’ fees, due to,arising out of, or relating in any way to (i) any violation of these Terms(including negligent or wrongful conduct) by you, (ii) your access to or use ofthe App, the Tool or the Services, or (iii) information provided by you,including, without limitation, infringement of any third party intellectualproperty rights or infringement of any individual's privacy rights. You agreeto fully cooperate at your own expense as reasonably required by an IndemnifiedParty. Each Indemnified Party may, at its election, assume the defense andcontrol of any matter for which it is indemnified hereunder. You shall notsettle any matter involving an Indemnified Party without the consent of theapplicable Indemnified Party.
15.DISCLOSURE OF USE
15.1 Bluente reserves the right at all times to discloseany information that Bluente deems necessary to comply with any applicable law,regulation, legal process, or governmental request. Bluente may also discloseyour information when Bluente determines that applicable law requires orpermits such disclosure, including exchanging information with other companiesand organizations for fraud protection purposes.
16.TERMINATION
16.1 We reserve the right to discontinue, suspend or modifythe App, the Tool or the Services at any time, temporarily or permanently, inwhole or in part, with or without notice, and without any liability to you. Wemay block, terminate or suspend your access to the App, the Tool or theServices at any time without notice for any reason in our sole discretion, evenif access continues to be allowed to others.
16.2 Where we are of the view or suspicion that you may beusing the App, the Tool or the Services in breach of these Terms, incontravention of any applicable laws, infringement of intellectual propertyrights, or as part of criminal activity, we reserve the right to provide anyand all relevant information, including your Personal Data, to the relevantauthorities without further notice to you. Additionally, your rights to use theApp, the Tool or the Services will terminate immediately if you breach any ofthese Terms.
16.3 Upon termination of your rights to use or access theApp, the Tool or the Services for any reason, you must cease use of the App,the Tool or the Services and immediately delete any content, materials, data orinformation you have obtained from the App, the Tool or the Services.
16.4 In the event that your access to the App, the Tool orthe Services is suspended, to the maximum extent permitted by applicable laws,Bluente shall bear no liability for any expenses, losses, damages or any othercosts incurred by you or any third party due to such suspension of access to theApp, the Tool or the Services.
17.EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failureto perform, or delay in performance of, any of our obligations under theseTerms that is caused by any act or event beyond our reasonable control,including any failure of public or private telecommunications networks.
18.THIRD PARTY BENEFICIARIES AND APPLE APP STORE / GOOGLEPLAY STORE
18.1 With respect to the downloading of the App, you agreeto comply with the Apple App Store Rules and the Google Play Store Rules, asapplicable. You acknowledge that the availability of the App may be dependenton the Apple App Store or the Google Play Store from which you receive the App.You acknowledge these Terms are between you and Bluente, and not with the AppleApp Store or the Google Play Store. The Apple App Store and the Google PlayStore are not responsible for the App, the content thereof, maintenance,support services, and warranty therefor, and addressing any claims relatingthereto (e.g., product liability, legal compliance, or intellectual propertyinfringement). You acknowledge that the Apple App Store and the Google PlayStore (and their respective subsidiaries) are third-party beneficiaries tothese Terms and will have the right to enforce these Terms against you.
19.APPLICABLE LAWS AND JURISDICTION
19.1 Your use of the App, the Tool or the Services shall begoverned and construed in accordance with the laws of Singapore in all respects.
19.2 Any dispute arising out of or in connection with theseTerms, including any question regarding its existence, validity or termination,shall be referred to and finally resolved by arbitration administered by theSingapore International Arbitration Centre (“SIAC”) in accordance with theArbitration Rules of the Singapore International Arbitration Centre (“SIACRules”) for the time being in force, which rules are deemed to be incorporatedby reference in this clause.
Theseat of the arbitration shall be Singapore.
TheTribunal shall consist of 1 arbitrator.
Thelanguage of the arbitration shall be English.
Thelaw governing this arbitration agreement shall be Singapore.
20.OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under theseTerms to another organization, but this will not affect your rights or yourobligations under these Terms. Your rights or obligations under these Terms arenon-transferable and non-delegable without our prior written consent, and anyattempted assignment or delegation in contravention of this provision shall benull and void and of no force or effect.
20.2 Any failure by Bluente to exercise a right or requireperformance of an obligation in these Terms shall not affect Bluente’s abilityto exercise such right or require such performance at any time thereafter norshall the waiver of a breach of these Terms constitute a waiver of anysubsequent breach.
20.3 These Terms, the Privacy Policy and the Apple AppStore Rules/Google Play Store Rules (where applicable), constitute the entireagreement between us with respect to your use of the App, the Tool or theServices, and supersede any and all other prior or contemporaneous agreements,understandings, representations and warranties of any nature between us,whether or not in writing and whether express or implied, in relation to theApp, the Tool or the Services. In addition, you acknowledge and agree that inentering into these Terms, you have not relied upon, and shall have no remedyin respect of, any statement, representation, warranty, promise or assuranceother than as set out in these Terms.
20.4 If any provision of these Terms shall be adjudged byany court of competent jurisdiction to be unenforceable or invalid, thatprovision shall be modified to reflect the parties' intention, or otherwiselimited or eliminated to the minimum extent necessary so that the remainder ofthe Terms shall otherwise remain in full force and effect and enforceable.
20.5 Except to the extent specified in Clauses 18.1 and20.1 above, these Terms are not intended to be enforceable by any person orentity who is not a party to these Terms.
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