Terms of Service
Xcelsior Terms of Service
Your relationship with the company
1.1 Your use of the company’s products, software, services, and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by the company under a separate written agreement) is subject to the terms of a legal agreement between you and the company. “The company” means Fastest.ai Inc., 727 Clementi West Street 2 #01-280, Singapore 120727. This document explains how the agreement is made up and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with the company, your agreement with the company will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with the company will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the company in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by the company in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that the company will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with the company, or (b) you are a person barred from receiving the Services under the laws of the United States, Switzerland, or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
Language of the Terms
3.1 Where the company has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with the company.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of the Services by the company
4.1 The company has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of the company itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 The company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the company provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that the company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at the company’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform the company when you stop using the Services.
4.4 You acknowledge and agree that if the company disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while the company may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by the company at any time, at the company’s discretion.
Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to the company will always be accurate, correct, and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, Switzerland, or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the company unless you have been specifically allowed to do so in a separate agreement with the company.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with the company, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that the company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the company may suffer) of any such breach.
Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to the company for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the company immediately at [email protected] .
Privacy and your personal information
7.1 For information about the company’s data protection practices, please read the company’s privacy policy at https://doc.xcelsior.ai/legal/privacy-policy. This policy explains how the company treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with the company’s privacy policies.
Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the company or by the owners of that Content, in a separate agreement.
8.3 The company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, the company may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that the company has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which the company may suffer) by doing so.
Proprietary rights
9.1 You acknowledge and agree that the company (or the company’s licensors) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company’s prior written consent.
9.2 Unless you have agreed otherwise in writing with the company, nothing in the Terms gives you a right to use any of the company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with the company, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and the company's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at https://doc.xcelsior.ai/Legal (or such other URL as the company may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, the company acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit, or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with the company, you agree that you are responsible for protecting and enforcing those rights and that the company has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by the company, you agree that in using the Services, you will not use any trademark, service mark, trade name,
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