Daysie
Terms of Service
Effective Date: June 21, 2022
These Terms of Service (“Terms,” “Terms of Service”), together with Daysie’s Privacy Policy (“Policy,” “Privacy Policy”), govern your access to and use of this Service and Site.
BY CLICKING “AGREE,” OR BY OTHERWISE ACCESSING OR USING THE SITE, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible to comply with any applicable local laws. If you are an entity, organization, or company, the individual accepting these Terms on your behalf have the authority to bind you to these Terms and you agree to be bound by these terms. If you do not agree with any of the Terms in these Terms, you are prohibited from using this Site.
The terms “you,” “your,” and “yours” refer to anyone utilizing the Service. The term “NSTDA”, “we”, “us”, and “our” refer to the National Science and Technology Development Agency, who operates and owns Daysie.
1. Service Provider
Daysie, including its Site and Services, are owned and operated by: National Science and Technology Development Agency
established under the National Science and Technology Development Act 1991. The agency is affiliated to the Ministry of Higher Education, Science, Research and Innovation, and operating under the laws of Thailand 111 Thailand Science Park (TSP), Phahonyothin Road, Khlong Nueng, Khlong Luang, Pathum Thani 12120 Thailand
established under the National Science and Technology Development Act 1991. The agency is affiliated to the Ministry of Higher Education, Science, Research and Innovation, and operating under the laws of Thailand 111 Thailand Science Park (TSP), Phahonyothin Road, Khlong Nueng, Khlong Luang, Pathum Thani 12120 Thailand
2. Services
Daysie provides a platform Service (“Service”, “Services”) for creating and managing of IoT or Edge Computing device’s software. Daysie allows you to customize and download the software created on this Site to use on your devices according to the Quotas and these Terms. Daysie allows you to upload your data to train on our provided pretrained models. You may assemble your Output model into your Application or device software.
3. Use of Services
We grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use this Service for your own internal purposes. You must have a valid account to use the Service. You may only have one account and you may not use any means, automatically or manually, to create multiple accounts to circumvent the Quotas restriction. You may not permit the Service to be used by unauthorized third parties via your account. All rights not expressly granted to you are reserved by us.
This Section applies only to Machine Learning (ML) Model Service. If you are deploying, copying, lending, selling, reselling, giving, renting, licensing your application to a third party, you are responsible for ensuring that the application complies with this Terms and our Privacy Policy. You will not (and will not allow any third party to):
(a) use the ML Model Service to, directly or indirectly, create, train, or improve a similar or competing product or service,
(b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the ML Model Service,
(c) sell, resell, license, copy, rent, lease, distribute, or time-share the ML Model Service or otherwise use the ML Model Service for the benefit of a third party other than through your Application, or
(d) use the ML Model Service in, or in association with, activities where failure of the ML Model Service or inaccuracy of the ML Output could lead to bodily injury, death, or property damage. If requested, you will provide information necessary for us to verify your or the third party’s compliance with the requirements of this Section.
This Section applies only to Machine Learning (ML) Model Service. If you are deploying, copying, lending, selling, reselling, giving, renting, licensing your application to a third party, you are responsible for ensuring that the application complies with this Terms and our Privacy Policy. You will not (and will not allow any third party to):
(a) use the ML Model Service to, directly or indirectly, create, train, or improve a similar or competing product or service,
(b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the ML Model Service,
(c) sell, resell, license, copy, rent, lease, distribute, or time-share the ML Model Service or otherwise use the ML Model Service for the benefit of a third party other than through your Application, or
(d) use the ML Model Service in, or in association with, activities where failure of the ML Model Service or inaccuracy of the ML Output could lead to bodily injury, death, or property damage. If requested, you will provide information necessary for us to verify your or the third party’s compliance with the requirements of this Section.
4. Software
4.1. Our Services include downloadable software. We grant you a non-exclusive, royalty-free right for personal or commercial use of that software. However, you may not make any modification to the software that will negatively affect our Site and Service, including increasing communication frequency between the devices operated by such software and our Site or our Application Program Interfaces (APIs).
4.2. Our Services may include third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Provisions in the third-party licenses may override parts of these terms. You shall use Third-Party Components under the applicable third-party licenses.
5. User Content
5.1. We allow you to upload, submit, store, send and receive content. Other than the rights you grant us under these Terms, we do not claim ownership in any of your content, including any text, data, information, and files that you upload, share, or store in your account. The Daysie Terms of Service give us a limited purpose license to operate and improve our Service. You hereby grant us to copy, reproduce, adapt, modify, process, edit, distribute, translate, digitize, publish, and otherwise use the user content to the full extent necessary to provide the Service.
5.2. You hereby expressly grant us license to use, access and preserve your user content and/or any data associated with your account (a) if required to do so by law or regulation, (b) if required to enforce any part of these Terms, or (c) to detect, prevent or resolve any fraud, security, or technical issues.
5.3. We may expressly ask you to share with other users some content we generate out of your content submitted to us under provision of your Service such as your Output of Machine Learning Service (i.e. ML Model), some sample of your Materials. You may opt to share, in which case, the service-generated content will be handled as described in our Privacy Policy.
5.4. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
6. Disclaimer
THE SERVICE AND ALL MATERIALS AND CONTENT ON AND AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, and any warranty arising out of course of dealing, usage, or trade. We do not warrant that the Service or any portion of the Service, or any materials or content offered through the Service, are accurate, complete, or current, or will be uninterrupted, secure, or free of errors, viruses, or other harmful components; and We do not warrant that any of those issues will be corrected. We may make changes to the Service at any time without notice, including by limiting or discontinuing certain features of the Service. We do not, however, make any commitment to update the Service. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. The Site may also contain links to third party websites. Such linked websites are not under our control, and we are not responsible for their content.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
7. Limitations of Liability
7.1. To the fullest extent permitted by law, you agree to indemnify us, including licensors, affiliates, subsidiaries and agents from and against any and all claims brought by a third party (including government authorities), and any related losses, costs, expenses, damages or other liabilities incurred arising from or related to:
(a) your unauthorized use of, or misuse of, the Services;
(b) your breach of any provision of these Terms;
(c) your violation of any applicable law or regulation;
(d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
(e) any dispute or issue between you and any third party.
(a) your unauthorized use of, or misuse of, the Services;
(b) your breach of any provision of these Terms;
(c) your violation of any applicable law or regulation;
(d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
(e) any dispute or issue between you and any third party.
7.2. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
7.3. To the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use to our Services, the materials on the Services or the software downloaded from the Services, even if we or authorized representative has been notified orally or in writing of the possibility of such damage.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY OR WARRANTIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY OR WARRANTIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
8. Intellectual Property and Copyrights
8.1. You may not
(i) modify or make derivative works based upon the Service;
(ii) access the Service in order to
(a) build a competitive product or service, or
(b) build a product using similar features, functions, or graphics of the Service, or
(c) copy any features, functions, or graphics of the Service. You acknowledge and agree that we own all right, title, and interest in and to the Service, including the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service, and all intellectual property rights therein.
(i) modify or make derivative works based upon the Service;
(ii) access the Service in order to
(a) build a competitive product or service, or
(b) build a product using similar features, functions, or graphics of the Service, or
(c) copy any features, functions, or graphics of the Service. You acknowledge and agree that we own all right, title, and interest in and to the Service, including the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service, and all intellectual property rights therein.
8.2. You agree that we, in their sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
8.3. We claim no ownership or control over any of your User Content or Application. You retain copyright and any other rights you already hold in the User Content and/or Application, and you are responsible for protecting those rights, as appropriate. You will own the Output of ML Service. Except for the licenses expressly granted in these Terms, these Terms do not grant any rights and you own and reserve all right, title, and interest in and to your Materials and Output. You grant us a worldwide, non-exclusive, royalty-free license
(a) to use, reproduce, modify, process, and create derivative works based on your Materials in order to provide, and support the Services and provide the Output to you and
(b) use, reproduce, modify, and create derivative works based upon your Materials and Output to analyze and improve our products and services. You may opt to grant us rights to share with other users some content we generate out of your Content submitted to us under provision of your Service such as your Output of ML Service, some sample of your Materials. You may opt to share, in which case, the service-generated content will be handled as described in our Privacy Policy
(a) to use, reproduce, modify, process, and create derivative works based on your Materials in order to provide, and support the Services and provide the Output to you and
(b) use, reproduce, modify, and create derivative works based upon your Materials and Output to analyze and improve our products and services. You may opt to grant us rights to share with other users some content we generate out of your Content submitted to us under provision of your Service such as your Output of ML Service, some sample of your Materials. You may opt to share, in which case, the service-generated content will be handled as described in our Privacy Policy
8.4. The content in Documentation and Tutorials sections of this Site is licensed under a Creative Commons Attribution 4.0 International License. You may copy, redistribute, display, perform, translate and integrating in another work if you credit “Daysie.io by NSTDA”.
9. Termination and Disagreement
9.1. These Terms are effective beginning when you accept these Terms or first access or use the Service and ending when terminated as described below. If you violate any provision of these Terms, your account and these terms automatically terminate. In addition, we may terminate these terms or suspend or terminate your account, at any time for any reason or no reason, with or without notice. You may terminate these terms at any time by emailing us at contact us. Upon termination of these Terms: you must immediately cease all use of the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership, provisions, indemnity and limitations of liability.
9.2. If we reasonably believe that any of your Content
(a) violates these Terms,
(b) violates applicable law or regulation, or
(c) could harm us, other users, third parties, then we reserve the right to take down some of all of your Content. Examples include pornography, terrorist-related content, intellectual property infringement.
(a) violates these Terms,
(b) violates applicable law or regulation, or
(c) could harm us, other users, third parties, then we reserve the right to take down some of all of your Content. Examples include pornography, terrorist-related content, intellectual property infringement.
9.3. To the fullest extent permitted by law, you agree to defend, hold harmless and indemnify us and our operators, developers, licensors, affiliates, subsidiaries and agents (together, the “Daysie Entities”) from and against any and all claims brought by a third party, and any related losses, costs, expenses, damages or other liabilities incurred arising from or related to:
(a) your unauthorized use of, or misuse of, the sites;
(b) your breach of any provision of these terms;
(c) your violation of any applicable law or regulation;
(d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(e) any dispute or issue between you and any third party. Any such indemnification will be conditioned on our notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
(a) your unauthorized use of, or misuse of, the sites;
(b) your breach of any provision of these terms;
(c) your violation of any applicable law or regulation;
(d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(e) any dispute or issue between you and any third party. Any such indemnification will be conditioned on our notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
10. Modifications
We may revise these Terms at any time without notice; provided that, if we make any material changes to these terms, we will use commercially reasonable efforts to notify you. By continuing to use the site, you are agreeing to be bound by the then current version of these Terms.
11. Governing Law
Any claim relating to the Service or these Terms will be governed by the laws of Thailand without regard to its conflict of law provisions.
12. Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
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