✳️Terms of Service

Samudai is an all-in-one platform that enables efficient DAO ecosystem collaboration. As well as active peer-to-peer credibility assessment and decentralised identity, it offers a horizontal platform that is compatible with a variety of DAO tools and connectors. Samudai is a pioneer of work management.

These terms and conditions (“the agreement”) is a binding contract between you, an individual user (“you”), and Samudai (“we”, “us” or “our”), and governs your use of any website that links to these terms, including https://samudai.xyz and all related subdomains), and applications including https://app.samudai.xyz that we make available (each, and “app” and collectively, the “apps”, together with the site, the “services”). By accessing or using any part of the service, you agree that you have read and agreed to be bound by this agreement.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING, THE SMART CONTRACTS, OR THE SITE. THESE TERMS GOVERN YOUR USE OF THE WEBSITE, THE SMART CONTRACTS, THE APP AND THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE WEBSITE, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE WEBSITE, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, OR BY CLICKING "I ACCEPT" BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE "YOU" WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE WEBSITE, THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE SMART CONTRACTS, OR THE SITE.

You acknowledge that you are of legal age to enter into these Terms in the jurisdiction in which you reside and that you have the legal capacity to enter into these Terms by clicking "I Accept" or otherwise showing your acceptance of these terms. Without limiting the foregoing, by using the Website, you acknowledge and understand that laws pertaining to digital assets, financial instruments, or investment products that may include digital assets, may vary from jurisdiction to jurisdiction. It is your sole responsibility to ensure that you fully comply with any law, regulation, or directive, relevant to your jurisdiction with regard to the use of the website. For the avoidance of doubt, access to the website does not imply that it, or your activities through it, are permissible under the laws, rules, or regulations that are applicable to your jurisdiction. The website may not offer all services to all users, and we reserve the right to determine or redetermine your eligibility to use all or a portion of the Website at any time. The website is not intended to be, and cannot be used to be, an offer or solicitation to anyone in any area where such an offer or solicitation is not authorised, or to anyone to whom such an offer or solicitation is unlawful.

1.Definition And Interpretation

1.1 Definition

Account shall have the meaning as referred to in Section 6.1 of this T&C

Agreement shall constitute a legally binding agreement between both the parties.

Affiliates means a Party shall mean any entity that is controlled by, in control of or under common control with such Party. For purposes of this definition, the term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Party, whether through ownership of voting securities or otherwise.

AML Laws means laws relating to money laundering in the categories of Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act according to Singapore Regulation. .

Anonymized Info shall have the meaning referred to in Section 13.2 of this T&C.

Bot shall mean an autonomous program on the internet or another network that can interact with systems or users.

Company, us, we, our, ours or other similar abbreviations shall mean collectively, Samudai, and its affiliates

Control means (i) the possession, directly or indirectly, of the power to direct or cause the direction of management and policies of a Person whether through the ownership of voting securities, by agreement or otherwise or the power to elect more than half of the directors, partners or other individuals exercising similar authority with respect to a Person, or (ii) the possession, directly or indirectly, of a voting interest in excess of 50% (fifty one percent) in the Person.

Force Majeure means an event beyond the reasonable control of the Party, including without limitation, acts of God, acts of government, fire, flood or storm damage, earthquakes, labour disputes, war, and riot.

Government means any national, federal, state, municipal, local, or foreign branch of a government, including any department, agency, subdivision, bureau, or functions of or pertaining to a government instrumentality.

Intellectual Property Rights (IPRs) means all intellectual properties, including patents, rights to inventions, copyrights, trademarks, trade names, domain-names, database-names, software programs and any other intellectual property rights.

Laws means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Services.

User, you, your, player or any other similar abbreviations means any natural person who is at least eighteen (18) years old and of legal age to form a binding contract.

Verifiable Credential provides a method for issuing credentials on the Web that is machine-verifiable, cryptographically secure, and respects privacy.

Website have the meaning referred to in the preamble of this T&C

1.2 Interpretation

i. Modifications: We reserve the right to change or modify the T&C at any time and at our sole discretion by posting a notification on the Platform. Any changes to or modifications of this T&C will be in effect as of the “Last Updated Date” referred bottom of this T&C. You should review this T&C before using any Services. You agree and understand that by using the Services after the “Last sectionUpdated Date” you accept and agree to the revised T&C.

ii. Headings: The headings and subheadings in the T&C are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.

iii. Extended Meanings: Unless otherwise specified in this T&C, words importing the singular include the plural and vice versa and words importing gender include all genders. The word “include”, “includes” or “including” will be interpreted on an inclusive basis and be deemed to be followed by the words “without limitation”.

iv. Governing Law: This T&C of Services shall be governed by and construed and enforced in accordance with the Laws of Singapore, and shall be interpreted in all respects as a Singapore contract. Any transaction, dispute, controversy, claim or action arising from or related to your access or use of the Service likewise shall be governed by the Laws of Singapore, exclusive of choice-of-law principles.

2. Acceptance of this T&C

i. Agreement: This T&C constitutes a legally binding agreement (the “Agreement”) between you and us. The Agreement governs your access to the Platform and use of Services. This T&C shall apply from your first access to Platform or use of Services, and shall remain applicable as long as you access the Platform or use our Services. This T&C applies to all visitors and users to the Platform.

ii. Legal Capacity: By accessing the Services you acknowledge and accept that you are a user, that in your country you have the legal capacity to contract and to subscribe to the Services, and you are deemed to have read and accepted this T&C exhaustively and unconditionally. You affirm that if you are using the Services on behalf of an organisation or company, you have the legal authority to bind any such organisation or company to this T&C.

iii. Restricted Jurisdiction: The Services are not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to Law, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, you should not be using our Services if you reside in a jurisdiction where you are prohibited from accessing or using Services or any of its contents or products by applicable Law. Those persons who choose to access Services from such locations do so on their own initiative and are solely responsible for compliance of local Laws and obtaining relevant Government Approvals, if and to the extent applicable.

iv. Electronic Contracting: By using the Services, you agree to contract electronically with the Company and agree to this T&C, together with any documents that may be expressly referred to and are incorporated by reference herein, including our Privacy Policy. You agree that these electronic T&C combined with your act of accessing the Platform and/or using the Services, have the same force and effect as your written signature and satisfy any Laws that require a writing or signature.

3. Services

3.1 Task Management

Tasks can be managed according to the user's needs, allowing teams to work more efficiently, productively, and with greater focus on their objectives. Users can make boards, lists, and cards which will enable them to organize and prioritize projects in a fun, flexible and rewarding way. Teams can see right away what has to be done, what needs to be done first, and when work is due. Users can view timelines and the progression of their work over time. Manage overlapping, dependent, and erratic tasks—and develop reliable strategies for your team. Users can design a board to help their team concentrate on the work at hand. Even better, one can describe each phase of the job to determine what's crucial and where things are getting stopped.

3.2 Creating a job board

Users can create a job board on the Samudai platform providing a simple and intuitive way for any team to manage projects small and large, users can consolidate into one tracking system which would eliminate the need to support multiple tools and make cross team and collaborations easy. Boards can make it much easier for users to visualize and manage projects.

3.3 Connecting with another team member working remotely

Users can easily streamline their remote work in a matter of minutes. Each user can work remotely and remain connected, regardless of where they are located. One can modify communication changes, update boards, and post platform status updates. To facilitate remote working, users can efficiently connect with team members and communicate and cooperate in a faster way.

3.4 Mass Payments Integration

We have incorporated a mass payment integration structure that allows users to be paid concurrently in one batch to speed up the process in order to simplify payment structures for the employees. Mass payment is the most effective way to maintain business in today's technology-based organisations that rely on partner retention and low churn mechanism.We now use existing infrastructure for payments, including Gnosis Safe and additional payment processors like Utopia and Parcel, a crypto-powered payroll can be made possible by mass payments, allowing companies to directly pay employees in the cryptocurrency of their choice for their bonuses, salaries, or portions of their salaries. Any project that regularly deals with pay-outs, such as social networking, faucets, freelance platforms, etc., can use this approach.We do not intend to use the user's funds that are in our custody to make them any payments.

3.5 Discord Bots

You may automate operations on your Discord server with the use of software called Discord bots. They make it far simpler to create a community that is genuinely involved and may be used to manage your server, welcome new users, or even ban individuals who are negatively affecting everyone else. Discord bots allow you and users to post memes and other amusing, interesting, and entertaining stuff for the users in addition to moderating services.

3.6 Bot Refinement through User Interviews

One of the most adaptable and flexible methods is the use of user interviews. It offers fresh opportunities and idea development throughout the research process and is a fantastic approach to complement both qualitative and quantitative assessment techniques. Companies can use the system's built-in guidelines to expeditiously and successfully conduct interviews. These bots take into account the data that the user wants and needs. They simplify the interviewing process, to put it another way.

4. Limitations Of Services

4.1. Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:

i. if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose

ii. if we believe you have engaged in any activity that is prohibited on the platform

iii. if you provide any incomplete, incorrect or false information to us;

iv. if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the platform

v. if you have breached any portion of this T&C and/or

You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.

5. Payments and Renewal

5.1. Fees

The services made available on the Platform are currently free of charge. However, we reserve the right to charge a fee in the future, subject to us intimating you of such fees prior to charging you the same, and if you do not consent to such fee, we may terminate your access to the Services immediately after intimation. In addition, we may present you with in-app services and features that are subject to payment of fees in accordance with the packages and schemes, either upon registration or at a later time. Please check the terms and condition of such services and schemes, including the fee structure before using any such services.

5.2. Taxes

Each user will be responsible, as required under applicable Law, for identifying and paying all taxes and other Governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that user upon or with respect to the transactions and payments under this Agreement. We do not reserve the right to withhold any user’s tax liability.

6. Account registration

6.1. Account

While you can always explore the platform's public-facing areas without creating an account with us, in order to use the full scope of the service as a user, you must either create an account with us or link our platform to one of our integrated websites, like Google or Discord (an "account"). You will need to register an account with us on the Platform in order to access certain services available on the Platform. You will keep your password confidential and will be solely responsible for all use of your account and password. The Company reserves the right to remove, reclaim or change a username if in its sole discretion such username is inappropriate, obscene, or otherwise objectionable.

6.2. Accuracy of information

When creating an account, you will provide true, accurate, current and complete information as we request. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your account immediately without notice to you and without any liability to you or any third party.

6.3. Public Information.

You acknowledge that all user profiles and any information included within such profiles (e.g., a user’s full name, username, avatar and bio) are public. You further acknowledge that switching a board to “public” will make such a board publicly available and searchable (e.g., indexed by google), and that any activity a user has had on any public board (including your data on them) may be viewed by anyone. We have no liability for how others may access or use your data as a result of privacy and membership settings or your or your end users’ decision to post your data on non-private boards, lists or cards.

6.4. Account security

You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for any and all activities that occur under your account. You agree to notify Samudai immediately if you know or suspect unauthorized use of your Account or any other security breach you know or suspect, such as loss, theft, unauthorized disclosure or use of your Account or password. While Samudai has endeavoured to create a secure and reliable platform, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Samudai is not responsible for the accuracy, reliability, or security of any information transmitted to or from the platform.

6.5. Relevant Documentation

Opening of the Account will be subject to the user satisfying the relevant: (i) AML, (ii) this T&C and (iii) other applicable Laws. The onus will be on the user to ensure that it is in compliance with these requirements. If at any time, the user is unable to satisfy these requirements, it should immediately delete his/her Account, stop using our Services, and intimate us of the same. Without prejudice to the obligation of the user under this paragraph, we may at our sole discretion require the user to provide relevant documents to satisfy the KYC and other requirements under applicable Law. This may include, without limitation verification of user identity with multi-factor authentication, layered security, obtaining proof of address (utility bill or bank statement), screening identifying information against trusted third-party sources such as international databases. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime. For this purpose, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies. We may, in our sole discretion, refuse to open an Account for you or restrict your access to certain aspects of the Services until we are able to verify your identity

6.6. Sole Responsibility

You shall be solely responsible for access to your Account, and you agree to accept responsibility for all activities that occur under your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Account or password. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security. You are also required to ensure that you exit from your Account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this clause. or regulations, including without limitation you may not:

7. Date Storage

7.1. Data Centre and Location

We invest significant resources in maintaining compliances from our back end servers and we also aim to help our users comply with the processes and policies. All user content is stored within our internal servers. We do not offer users the option of hosting on a private server, or to use on a seperate platform.

7.2. Data Deletion - Termination of Agreement

When a user asks us to delete their data, or when their account is closed, we will delete the data immediately. We are storing some "Verifiable Credentials" on Ceramic Network as well; user's have the option to download it and host it themselves if they are concerned about it. Any data kept on the blockchain cannot be removed or destroyed; such data will only be uploaded there if the user has agreed into it. All file attachments uploaded directly to the platform will be removed from the live database within 30 days. The team’s data will remain in encrypted platform database backups until those backups fall out of the 90-day backup retention window and are destroyed in accordance with our data retention policy.

8. User Responsibility

8.1. User Contents

You agree that you are responsible for your own conduct while accessing or using the App, and for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these Terms and any applicable laws To the extent any content created on the project management board (on the Platform or otherwise content, materials or information provided to the Company or in connection with the Services) by the users (collectively, the “User Content”), the user grants us, our authorized representatives, contractors, a non-exclusive, worldwide right to use the user content wherever needed. Notwithstanding the above, as a user you acknowledge and accept that we cannot guarantee the authenticity of any data which users may provide about themselves, including User Content. You acknowledge that all content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting from use of such content.

8.2. Warranty and Representation

In addition, by using the Services you warrant, represent, and undertake not to commit any act or omission that will have adverse effect on the Services and/or the reputation of the Company, including but not limited to:

i. engage in any other conduct that affects anyone else’s use or enjoyment of the Services or that, as determined by us, may harm the Company,

ii. cheat, including, without limitation, by sharing accounts.

iii. use the Services to violate the legal rights of others, including, without limitation, their privacy.

iv. that you consent to any and all tax and information reporting under AML, Anti-Corruption, Economic Sanctions, or Tax Laws as the platform may reasonably determine

v. that you will accurately and promptly inform the platform if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.

vi. Alter or modify any part of the Services.

vii. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including copying any of the material on the Platform.

viii. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

ix. otherwise attempt to interfere with the proper working of the platform.

x. not access the Services, including the Website, the platform through automated and non-human means, whether through a bot, script or otherwise, and

xi. encourage or enable any other person to do any of the foregoing.

8.3. Other Users

You understand and accept that we cannot guarantee the identity of any other users with whom you may interact in the course of using the platform and you accept all risks associated with interaction with such other user. The Company is just the facilitator between the users.

8.4. Anti-Money Laundering Laws

You represent, warrant and covenant that you shall not make, provide, receive or attempt to use the Platform to make, provide, or receive payments to other users or entities that may violate any AML Laws. If Samudai requires a user to comply with AML checks then users will mandatorily comply with the same.

8.5. Right to Monitor

You acknowledge and accept that we may monitor your access to or use of the Services for the purpose of operating and updating the Services, to ensure compliance with this T&C and to ensure compliance with applicable Laws. If any activity of the user access is found to be objectionable or in violation of this T&C, the Company at its sole discretion may remove, disable, or suspend such user’s access to the platform, at any time and without notice. Further, you will cooperate with us and/or with any Law enforcement authorities and/or Government for the purpose of investigating violations of this T&C and/or applicable Law.

8.6. Uninterrupted Services

You acknowledge that if the platform is interrupted for a limited time, the Services will not be available for use due to the need to perform processing and other operations necessary for the ongoing functionality of the platform.

9. Limited License to Use the Services

9.1 Subject to this T&C, the Company grants you a non-exclusive, non-transferable, non-sublicensable (except with our written permission), personal and revocable licence to access our Platforms and use the Services for your own personal, non-commercial use, and not for the benefit of any third party (“License”).

9.2 Except as expressly provided in this T&C, no part of the Services, including the content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

9.3 You are allowed to use the Services only for lawful purposes and in accordance with this T&C of this Agreement. Further, you agree not to use the Services in any way that may violate any applicable Law, exploit/harm anyone, for advertisement/promotional purpose, or to impersonate the Company/anyone.

10. External Sites

The platform may include hyperlinks to other websites or resources (collectively, "External Sites"), which are provided solely for your convenience. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.

11. Third Party Content and Third-Party Rights

11.1 The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources and Samudai is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Samudai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

12. Ownership.

12.1 Intellectual Property

The Site contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, and other intellectual property laws and treaties.

12.2 Trademarks

The trademarks, logos, taglines, and service marks displayed on the Site (collectively, the “Trademarks”) are registered and unregistered Trademarks of Samudai and others. The Trademarks may not generally be used in any advertising or publicity, or otherwise to indicate Samudai’s sponsorship of or affiliation with any service, event, or organization without Samudai’s prior express written permission. Any rights not expressly granted in these Terms are reserved by Samudai. Other than as provided in these Terms, your use of the Trademarks, or any other Samudai content, is strictly prohibited.

13. Privacy Policy

13.1 All personal information collected by us pursuant to the services is subject to our privacy policy (the “Privacy Policy”). Please read our Privacy Policy on https://samudai.xyz/privacy-policy by using any of our services, you agree to accept and be bound by our Privacy Policy.

13.2 Notwithstanding anything otherwise provided in this Terms, we may monitor, analyse, and compile statistics connected/related to your use of the Services but only in anonymized format (“Anonymized Info”). By accepting this T&C, you agree to grant us the right to make such Anonymized Info available publicly, provided in all such cases the Anonymized Info will not contain identifying information. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

14. Disclaimer

14.1 The services are provided “as is” and “as available” basis, and we, our affiliates:

  1. make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the services or any the third-party services, and

  2. disclaim all warranties, including any implied or express warranties; (i) of satisfactory quality, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) third-party services will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.

14.2 Our services rely on emerging technologies, some services are subject to increased risk through your potential misuse of things by using the services you explicitly acknowledge and accept these heightened risks. we will use reasonable means to protect the security of the platform, but you acknowledge that perfect security on the internet is impossible and accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security.

14.3 In jurisdictions where the exclusion of certain warranties is not allowed under law, the above exclusions and limitations shall be applied to the greatest extent enforceable under applicable law.

15. Limitation of Liability

15.1 Exclusion of consequential damages

In no event will either party or its affiliates have any liability arising out of or related to this agreement for any goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in regardless of the theory of liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party’s or its affiliates’ remedy otherwise fails of its essential purpose.

15.2 We, our affiliates and will not be liable to you or to any third party for any claim arising due to: (i) the malfunction, unexpected function or unintended function of any computer network, (ii) loss or damage incurred as a result of the use of any content made available through the service, including loss by a user of the control over his/her user account, (iii) external events outside of company’s control, (vi) applicable law, and (vii) force majeure events.

15.3 Notwithstanding anything herein to the contrary, we will be fully released from our obligations and liability to you if you have: (i) breached this T&C, (ii) infringed or violated any other person’s rights, or (iii) applicable law.

15.4 The company's total liability for all claims resulting from this T&C or your access to or use of the platform will be restricted to the lesser of the actual liability paid or 1000 USD.

15.5 In jurisdictions where the exclusion of limitations on liabilities is not allowed under applicable law, the above limitations shall be applied to the greatest extent enforceable under applicable law.

16. Indemnity

16.1 You agree to defend, indemnify, and hold harmless Samudai, including our affiliates, their officers, directors, shareholders, employees, in interest (“indemnified parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any indemnified party arising in any manner from:

i. breach of this agreement,

ii. violation of applicable law, and

iii. a dispute between you and any of your users.

16.2 Notwithstanding anything otherwise provided, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, in which event you will fully cooperate with the company in asserting any available defences in our discretion.

17. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvising the Platform ("Feedback ") provided the information is non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Feedback to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback. Users can contact us on the email

18. Governing Laws

18.1 If a dispute arises between the Company and a user, the user will inform the Company on the compliance email given on the website or at the contact address provided on the Platform, along with their contact details and information required for the Company to appreciate the origin and the implications of the dispute. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with the Services.

18.2 If the parties are unable to settle the dispute amicable under Section 18.1 above, such dispute arising out of or in connection with this Agreement, 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 (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The venue and seat of the arbitration will be Singapore, and the courts at Singapore shall have the exclusive jurisdiction with respect to such matter. Arbitration proceedings shall be held in the English Language.

18.3 Class Action Waiver

You and we agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. you and we expressly waive any right to file a class action or seek relief on a class basis.

18.4 The award or decision of the arbitrator shall be in writing, shall set forth the basis for such award and shall be final and binding upon the Parties.

19. Miscellaneous

19.1 Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

19.2 Invalid Provision

If any provision of this T&C is held to be illegal, invalid or unenforceable under any present or future Law: (a) such provision will be fully severable, (b) this T&C will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and (c) the remaining provisions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance.

19.3 Successor and Assigns

You will not assign or otherwise transfer these rights and obligations under this service, without our prior written consent. Any assignment or transfer in violation of this Section 19.4 will be void. We may assign these Services without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for us as a party to this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

19.4 Force Majeure

Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from a Force Majeure event.

19.5 Reporting

If you would like to report a vulnerability or have a security concern regarding our platform or services, please email us at compliance@samudai.xyz.

19.6 Language

All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

19.7 Third-Party Beneficiaries

Except as otherwise set forth herein, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

19.8 Survival

Provisions that, by their nature, should survive termination of this T&C shall survive termination. For example, among others, provisions related to indemnity, disclaimer, limitation of liabilities, intellectual property rights, applicable law, dispute resolution and this miscellaneous provision.

20. Newsletter

Following subscription to the newsletter, your email address is used for our advertising purpose until you cancel the newsletter again. Cancellation is possible at any time. If you no longer want to have the newsletter, then unsubscribe by clicking on the unsubscribe option given in the email footer.

21. Contact Us

If you would like to contact us for any reason, feedback or any grievances email us at compliance@samudai.xyz

Last Updated on: 2nd September 2022

Last updated