GENERAL TERMS AND CONDITIONS

1  GENERAL

1.1  These Terms and Conditions (“Terms”) govern your use of the language learning application currently available on the website (app.bluente.com),Apple App Store and Google Play Store (the “App”)and a translation software currently available via the website (the “Tool”),provided by Bluente Pte Ltd (“Bluente”,"we", "us" or "our").

1.2 We are a private limited company registered under the laws of Singapore, which is located at 140 Paya Lebar Road, #08-24, Singapore 409015.

1.3 “Services” shall be defined as the use or access to the App, the Tool and all software and services offered through the App and the Tool.

1.4 Please read these Terms carefully before downloading, installing or using the App or the Tool. By downloading, installing, accessing, browsing or using the App or the Tool or the Services, you accept and agree to the Terms which bind you legally. If you do not agree to the Terms, you are not permitted to use the App, the Tool and the Services, and you must immediately cease downloading, installing, accessing or using the App or the Tool. Your continued use of theApp or the Tool and the Services signifies your acceptance of the Terms.

1.5         To enhance the general accessibility of these Terms, Bluente may publish translations of these Terms in other languages. However, in the event of any inconsistency between the translated versions and the English version of theseTerms, the English version shall be the authoritative version and 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 in accordance with Clauses 2 to 4 of our Privacy Policy. Your Personal Data will not be processed for any other additional purpose unless your express consent is 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 these terms, 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 Terms at any time and without prior notice. You are bound by any such changes or revisions and should therefore periodically visit this page to review the then-current terms and conditions.Your access and use of the App and the Services will be subject to the most current version of the Terms. By continuing to accessor use the App and Services after an amendment becomes effective, you agree to be bound by the amended Terms.

2.2         In order to use the App and the Services, you must have a compatible device which meets the following minimum specifications:

(a)  For Apple devices, requires iOS [13.0] or later, and is 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 App will be known as a “Device” for the purposes of these Terms. You confirm that you either own the applicable Device(s) or if not owned by you, you have obtained permission to install and use the App on such Device(s).You accept responsibility 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. You acknowledge and agree that Bluente and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

2.4         From time to time, updates to the App may be made available through the Apple AppStore and Google Play Store. Depending on the update, and whether you utilized the Apple App Store or Google Play Store to download and access the App, youmay not be able to use the App and the Services until you have installed the latest version.

2.5         You acknowledge that the App, the Tool and Services are provided over the Internet and mobile networks and so the quality and availability of the App, the Tool and Services may be affected by factors outside our reasonable control.Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App, the Tool and Services. In addition, you acknowledge and agree that you(and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, the Tool and Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App, the Tool and Services. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.

2.6         You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorised to use the App as are presentative of the entity and agree to these Terms on behalf such entity.

3             DATA PROTECTION

3.1         Bluente’s Privacy Policy constitutes an integral part of these Terms. By using our Services, you agree that we can collect, use, and share your Personal Data consistent with our Privacy Policy. As used in these Terms, “Personal Data” means any information relating to an identified or identifiable natural person, and an"identifiable" natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, IP addressor the like.

3.2         You are responsible for keeping the details of your user account for the App, the Tool or the Services secure and you should not share such details with anyone else. You may not collect or harvest any Personal Data of any other user of the App or the Tool, including account names.

4             THIRD PARTY CONTENT

4.1         The App, the Tool or the Services may contain links to independent third party websites or other applications ("Third Party Sites"). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies(if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.

5             LICENCE

5.1         Subject to these Terms, the Privacy Policy and the Apple App Store Rules and GooglePlay Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App on the Device(s) for the purposes of language learning and the Tool for translation. Any other use of the App or the Tool is strictly prohibited. We reserve all rights in and to the App and the Tool. We reserve the right to revoke this license at any time, in our sole and absolute discretion.

6             LICENCE RESTRICTIONS

6.1         You are authorized to use the App, the Tool and Services only in accordance with these Terms. Except as expressly permitted under these Terms, 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 materials presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the App’s sharing function;

(b) Not to rent, lease, sub-license, loan, distribute, time-share, or translate the App or the Tool in any way;

(c)  Not to make alterations to, or modifications of, the whole or any part of the App or the Tool, or permit the App or the Tool or any part of it to be combined with, or become incorporated 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 and theTool;

(e) Not to sell, resell, or exploit the App or the Tool whether in whole or in part and in any form, to any person without prior written consent from us; and

(f)   Not to remove or infringe any copyright, trademark or other proprietary rights from the App or the Tool;

7             TERMS OF SERVICES

7.1         User Account. When creating a User Account, you will provide to us true, accurate, current, and complete information. You will update the information about yourself and/or your entity promptly, and as necessary, to keep it current and accurate. You are responsible for any activity that occurs in your User Account. Please keep it secure, protect it with a strong password, and do not share the password with anyone. If you think that someone has gained access to your User Account, please contact us immediately at support@bluente.com.

7.2         After you create your User Account and agree to the Fees (set out in Section 8 below), you will be able to access the App, the Tool and the Services.

7.3         You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of theApp, 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 and the Services in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or the Tool or its Services;  

(b) Not to use the App, the Tool and the Services to record, post or transmit any content, materials or information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;

(c)  Not to use the App, the Tool or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App, the Tool or Services (including by hacking or defacing theApp, the Tool or Services); and

(d) Not to collect or harvest any information or data from the App, the Tool or our systems or attempt to decipher any transmissions to or from the servers running the App, the Tool or our Services including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape,""data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App or the Tool without our prior written consent.

8             FEES,BILLINGS, AND PAYMENT

8.1         In order to access and use the App and Services, you are required to pay a monthly subscription fee based on the pricing here (“Fees”).

8.2         After the first payment of the Fees (“First Payment”), subsequent monthly payments of the Fees shall be made automatically through the applicable payment method selected by you in respect of the Apple App Store or Google Play Store (as the case may be) on the same date of the First Payment of each calendar month thereafter (“Payment Date”), unless you terminate the subscription for the App one (1) clear day prior to the Payment Date.

8.3         Where you have terminated the monthly subscription for the App at any time, you will have continued access and use of the App and Services until 23:59 hours of the day preceding the next Payment Date.

8.4 Our self-service translation platform offers flexible pricing options to cater to your translation needs. Users can choose from the following fee tiers, based on the number of pages they wish to translate:

l  $10 for up to Z pages

The exact number of pages (Z) available under each tier will be clearly specified at the time of purchase. Each payment made for a tier grants you access to translate the specified number of pages within a validity period of 10 days from the date of purchase. Unused pages will not roll over beyond this 10-day period.

8.5         Unless expressly provided in these Terms, all payments made by you to Bluente in connection with the App and Services shall not be refundable under any circumstances, including but not limited to the termination of your rights to use or access the App and the Tool for any reason.

9             SECURITY

9.1         Bluente makes no warranty whatsoever to you, express or implied, regarding the security of the App or the Tool, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you or to you through the App or the Tool. You acknowledge and agree that you are solely responsible for maintaining the security of your Device(s). Bluente is not responsible for any losses resulting from the loss or theft of your Device(s), or the loss or theft of your information transmitted from or stored on your Device(s).

10        COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

10.1      You hereby agree and acknowledge that all intellectual property rights in and to the App, The Tool and Services belong to the Bluente or its licensors, and the rights granted herein are licensed (not sold) to you to the extent required for you to use theApp, the Tool and the Services as intended by Bluente in accordance with theseTerms, and you have no rights in, or to, the App, the Tool and the Services or their contents other than the right to use the App, the Tool and Services in accordance with these Terms. In particular, you acknowledge that you have no rights to the source code of the App, the Tool and the Services beyond what is required for you to use the Services in accordance with these Terms.

10.2      In the event that you elect to share information with Bluente through the App or Tool's "ContactUs" function, you agree and acknowledge that:

(a) All information supplied by you is either original to you, or you have the right to share it with Bluente;

(b) Bluente may utilize the information you supply, in whole or in part, in any manner in connection with the App, the Tool and theServices;

(c)  Any modifications or improvements made to the App, the Tool and Services as a result of your feedback are owned and controlled solely by Bluente; and

(d) You have no right, title or interest in or to the App, the Tool and the Services as a result of sharing your feedback.

You agree to not submit any confidential, proprietary or personal information through the "Contact Us" function in the App, the Tool or the Services.

10.3      All trademarks, service marks, trade names, and logos are proprietary to Bluente or used by Bluente with the permission of its third party providers. Nothing contained on the App or the Tool should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, and logos displayed on the App without the written permission of Bluente or the relevant proprietors. Your use of the trademarks, service marks, trade names, and logos displayed in the App, the Tool and the Services or any other content in the App, except as expressly permitted in these Terms, is strictly prohibited.

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10.4 With respect to the Tool, Bluente grants a non-exclusive, non-transferable, non-sublicensable worldwide right to use the Tool for its internal intended purpose for the term and within the scope of this Agreement, subject to the authorised number of users for which you have paid to Bluente.

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10.5 Bluente does not assume any copyrights to the translations made by you using the Tool.

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11          WARRANTY DISCLAIMER - SERVICES AND CONTENT PROVIDED ON AN “AS IS” BASIS

11.1       TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE INFORMATION, MATERIALS, DATA AND CONTENTS IN THE APP ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE”BASIS.

11.2       BLUENTE DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, CURRENCY OR COMPLETENESS OF THE CONTENT, MATERIALS, DATA AND INFORMATION PROVIDED AND AVAILABLE THROUGH THE APP, THE TOOL AND THE SERVICES, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM.

11.3       BLUENTE MAKES NO WARRANTIES OR REPRESENTATIONS:

(a)  THAT THE CONTENT, MATERIALS, DATA AND INFORMATION PROVIDED IN THE APP AND THE SERVICES ARE ACCURATE, ADEQUATE, CURRENT OR COMPLETE;

(b)  THAT THE FUNCTIONS, CONTENT, MATERIALS, DATA OR THE INFORMATION AVAILABLE THROUGH THE APP, THE TOOL AND SERVICES WILL BE ACCESSIBLE, COMPLETE,TIMELY,UNINTERRUPTED, OR ERROR-FREE;

(c)   THAT THE APP, THE TOOL AND THE SERVICES WILL ALWAYS BE DEFECT-FREE, VIRUS-FREE ORNOT CONTAIN ANY HARMFUL COMPONENTS;

(d)  ASTO THE USE OR THE RESULTS OF THE USE OF THE APP, THE TOOL AND THE SERVICES;

(e)  THAT ANY MESSAGES YOU SEND THROUGH THE SERVICES WILL BE DELIVERED; OR

(f)    THAT YOUR ACCESS OR USE OF THE SERVICES WILL NOT RESULT INANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM.

11.4      WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

11.5       BLUENTE MAKES NO WARRANTY THAT THE APPOR THE TOOL OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THE APP, THE TOOL AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,OR ERROR-FREE; OR THAT RESULTS FROM  SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES.BLUENTE DOES NOT WARRANT THAT THE APP, THE TOOL AND THE SERVICES, WHETHER IN WHOLE OR IN PART, WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUTNOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, BLUENTE  ISNOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE.

12          LIMITATION OF LIABILITY

12.1       TO THE MAXIMUM EXTENT PERMITTED BY LAW,IN NO EVENT WILL BLUENTE, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,AGENTS, PARTNERS,REPRESENTATIVES, OR LICENSORS BE LIABLE, AND YOU EXPRESSLY AGREE TO NOT HOLD BLUENTE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXPENSES OR DAMAGES ; LOSSES OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SERVICES; LOSS OF BUSINESS OPPORTUNITY, DATA,USE, GOODWILL OR REPUTATION,WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS ORUSE THE APP, THE TOOL AND THE SERVICES (WHICH INCLUDES BUT IS NOT LIMITED TO LOSSES ARISING DIRECTLY OR INDIRECTLY RESULTING FROM THE USE (WHETHER AUTHORISED OR UNAUTHORISED) OF ANY PERSONAL DATA PROVIDED BY THE USERS);

12.2       WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 12.1 ABOVE, BLUENTE DISCLAIMS ALL LIABILITY (INCLUDING BUT NOT LIMITED TO MISREPRESENTATION, INACCURATE INFORMATION AND FRAUD) IN RELATION TO ANY TRANSACTION THAT OCCURS ON OR IN CONNECTION WITH THE APP, THE TOOL AND THE SERVICES, 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 AND THE SERVICES.

12.3       IN NO EVENT WILL BLUENTE’S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE APP, THE TOOL AND THE SERVICES EXCEED THE FEES YOU PAID BLUENTE FOR THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

13          INDEMNIFICATION

13.1      You agree, to indemnify, defend, and hold harmless Bluente, its affiliates, officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”)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 of the App, the Tool and the Services, or (iii)information provided by you, including, without limitation, infringement of any third party intellectual property rights or infringement of any individual's privacy rights. You agree to fully cooperate at your own expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

14          TERMS OF USE OF THE TOOL

"Confidential Information" shall mean all information disclosed by You to Bluente via the translation tool, including but not limited to documents, text, files, and any other data provided for translation purposes.
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“Content” refers to text of the documents sent by You to Bluente via the translation tool, in order to have it processed by the machine translation infrastructure operated by Bluente.
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“Processed Content” refers to any Content that has been processed using Bluente’s translation tool.

14.1 In respect of the Tool, Bluente agrees to adhere to the following data access and storage provisions:

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14.1.1 Bluente will not store the Confidential Information perpetually on its servers. Bluente will only store Content or Processed Content on its servers to the extent technically required to provide its Services. Content or Processed Content will neither be perpetually stored on Bluente’s servers nor returned to Customer.

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14.1.2 Bluente may create and retain access logs for billing, security, and statistical purposes, but such access logs shall not contain any Confidential Information. These logs may include meta data such as the time of the API Request and the size of the transmitted content.

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14.1.3 In exceptional cases where technical issues may compromise the availability of the Services, Bluente may automatically store Confidential Information for a maximum period of seventy-two (72) hours in encrypted form. Access to cryptographic keys for decryption will be granted only to selected employees of Bluente bound to secrecy, and such access shall be approved by the company management. The stored Confidential Information will not be linked to any individual Customer.

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14.2 You are granted permission to use the Tool solely for the objectives mutually agreed upon by both parties. Specifically, you are prohibited from allowing third parties (including internal and end users) to access or utilize the Tool, any translations generated by the Tool, or any other data, information, or services provided by Bluente, unless Bluente has explicitly authorized such use in writing. This includes:

l   Usage related to or for operating critical infrastructure where failure could lead to significant economic or physical harm;

l   Engaging in spamming or any form of unsolicited advertising;

l   Any illegal activities, including the development of applications that infringe upon third-party rights or violate any applicable laws or regulations;

l   Creating a similar product, service, or API primarily intended to provide machine translation services, including but not limited to bilingual/multilingual dictionaries;

l   Developing, marketing, or training a machine translation algorithm;

l   Transmitting any data to the Tool that is not permitted due to data protection laws, contractual or statutory confidentiality obligations, export restrictions, or other legal provisions or third-party rights.

14.2.2 You are not entitled to repackage or resell these credentials or your access to the Tool to third parties, unless there is a mutual agreement to the contrary.

14.2.3 If you use Third-Party Applications to access the Tool, you must comply with the acceptable use policies of the Third-Party Application vendor, if applicable.

14.2.4 You are not allowed to access or control the Tool through automated procedures that may result in an unusually high number of requests, exceeding normal human usage patterns.

15          DISCLOSURE OF USE

15.1      Bluente reserves the right at all times to disclose any information that Bluente deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Bluente may also disclose your information when Bluente determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

16          TERMINATION

16.1      We reserve the right to discontinue, suspend or modify the App or the Tool at any time, temporarily or permanently, in whole or in part, with or without notice, and without any liability to you. We may block, terminate or suspend your access to the App or the Tool at any time without notice for any reason in our sole discretion, even if access continues to be allowed to others.

16.2      Where we are of the view or suspicion that you may be using the App, the Tool and Services in breach of these Terms, in contravention of any applicable laws, infringement of intellectual property rights, or as part of criminal activity, we reserve the right to provide any and all relevant information, including your Personal Data, to the relevant authorities without further notice to you. Additionally, your rights to use the App, the Tool and the Services will terminate immediately if you breach any of these Terms.

16.3      Upon termination of your rights to use or access the App or the Tool for any reason, you must cease use of the App or the Tool and immediately delete any content, materials, data or information you have obtained from the App or the Tool.

16.4      In the event that your access to the App or the Tool is suspended, to the maximum extent permitted by applicable laws, Bluente shall bear no liability for any expenses, losses, damages or any other costs incurred by you or any third party due to such suspension of access to the App or the Tool.

17          EVENTS OUTSIDE OUR CONTROL

17.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms 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 /GOOGLE PLAY STORE

18.1      With respect to the downloading of the App, you agree to comply with the Apple App Store Rules andGoogle Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the Apple App Store or Google Play Store from which you receive the App. You acknowledge these Terms are between you and Bluente, and not with the Apple App Store or Google Play Store. The Apple AppStore and Google Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the Apple App Store and Google Play Store(and their respective subsidiaries) are third party beneficiaries to these 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 and Services shall be governed in all respects by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.

20          OTHER IMPORTANT TERMS

20.1      We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. Your rights or obligations under these Terms are non-transferable and non-delegable without our prior written consent, and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

20.2      Any failure by Bluente to exercise a right or require performance of an obligation in these Terms shall not affect Bluente’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of theseTerms constitute a waiver of any subsequent breach.

20.3      These Terms, the PrivacyPolicy and the Apple App Store Rules/Google Play Store Rules (where applicable)constitute the entire agreement between us with respect to your use of the App, the Tool and the Services, 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 the App, the Tool and the Services. In addition, you acknowledge and agree that in entering into these Terms, you have not relied upon, and shall have no remedy in respect of, any statement, representation, warranty, promise or assurance other than as set out in these Terms.

20.4      If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be modified to reflect the parties' intention, or otherwise limited or eliminated to the minimum extent necessary so that the remainder of the Terms shall otherwise remain in full force and effect and enforceable.

20.5      Except to the extent specified in Clauses 18.1 and 20.1 above, these Terms are not intended to be enforceable by any person or entity who is not a party to these Terms.

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