Terms of Service

Last Updated: [Date]

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

This is a legal agreement between you (“Customer,” “you,” or “your”) and AWMM (“AWMM,” “we,” “us,” or “our”), a business operating in Singapore, governing your use of AWMM’s field service management software services provided via our website and related platforms (collectively, the “Service”).

By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree with these Terms, you must not accept these Terms and may not use the Service.

1. Definitions
  • “Agreement” means these Terms of Service and any applicable Order Form.

  • “Customer Data” means all electronic data, information, and materials submitted by or for you to the Service.

  • “Documentation” means the user guides, documentation, and help/knowledge base materials for the Service supplied by AWMM.

  • “Order Form” means the online or document ordering process specifying the Service purchased by you, including fees, subscription term, and number of Users.

  • “User” means an individual who is authorized by you to use the Service and has been supplied a user identification and password by you (or by AWMM at your request).

2. The Service

2.1. Provision of Service. Subject to these Terms, AWMM grants you a non-exclusive, non-transferable, worldwide right to access and use the Service during your subscription term, solely for your internal business operations.

2.2. User Subscriptions. The Service is purchased as User subscriptions. You are responsible for all activities conducted under your User accounts. You agree to notify AWMM immediately of any unauthorized use of any password or account.

2.3. Modifications. AWMM reserves the right to modify or update the Service and its features from time to time. We will use commercially reasonable efforts to notify you of any material changes that may adversely affect your use of the Service.

3. Customer Responsibilities

3.1. Use Restrictions. You shall not:
* License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Service available to any third party.
* Use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
* Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
* Attempt to gain unauthorized access to the Service or its related systems or networks.
* Reverse engineer, decompile, or disassemble the Service.

3.2. Compliance with Laws. You are responsible for complying with all applicable laws in your jurisdiction and the laws of Singapore, including Singapore’s Personal Data Protection Act (PDPA) where applicable, in your use of the Service and your processing of any personal data contained within your Customer Data.

3.3. Customer Data. You retain all right, title, and interest in and to your Customer Data. You are solely responsible for the accuracy, quality, and legality of your Customer Data. You grant AWMM a limited, worldwide license to use, host, and process your Customer Data solely to provide and support the Service.

4. Fees and Payment

4.1. Subscription Fees. You agree to pay all fees specified in the Order Form. Fees are based on the Service subscription plan and not on actual usage. Payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in Section 4.6.

4.2. Invoicing and Payment. Unless otherwise stated, all fees are quoted and payable in US Dollars (USD). Fees will be invoiced in advance annually or monthly, as per your chosen plan. Full payment must be received within thirty (30) days from the invoice date, or immediately for credit card payments. You are responsible for providing complete and accurate billing and credit card information.

4.3. Overdue Charges. Unpaid amounts may be subject to a finance charge of 1.5% per month (or the maximum permitted by law, whichever is lower) from the due date until paid.

4.4. Suspension and Hosting Fees for Non-Payment. If any amount owed is overdue, AWMM may, without limiting its other rights and remedies, suspend your and your Users’ access to the Service until such amounts are paid in full. During the period of suspension, you will continue to be charged hosting fees for the storage of your account and Customer Data.

4.5. Taxes. All fees are exclusive of any applicable taxes, levies, or duties. You are responsible for paying all taxes associated with your purchases, excluding taxes based on AWMM’s net income.

4.6. Data Deletion for Prolonged Non-Payment. If your account remains suspended for non-payment for a continuous period of ninety (90) days, AWMM may, at its discretion, terminate the Agreement and delete your account and all Customer Data associated with it. After such deletion, data recovery will not be possible. You are solely responsible for exporting your Customer Data prior to the suspension or termination of your account.

5. Service Availability and Remedy for Downtime

5.1. Service Level. AWMM strives to maintain a high level of service availability and aims for 99.9% monthly uptime for the Service. For the purposes of this Agreement, “Downtime” is defined as any unplanned interruption in the availability of the Service to which you are entitled, as measured and confirmed by AWMM’s monitoring systems.

5.2. Limitation of Liability for Downtime. You acknowledge and agree that the Service is provided for operational support and is not fault-tolerant. AWMM shall not be liable for any losses or damages incurred by you or any third party as a result of Downtime, including but not limited to any loss of revenue, profit, data, business opportunities, or for any consequential, indirect, or special damages.

5.3. Sole and Exclusive Remedy. If the Service experiences Downtime exceeding 0.1% in a given calendar month (i.e., more than 43.2 minutes), your sole and exclusive remedy shall be limited to a refund. The refund will be calculated as a pro-rata portion of your monthly subscription fee for the period of Downtime exceeding the 0.1% threshold.

5.4. Refund Request. To be eligible for a refund under this section, you must submit a written request to AWMM within thirty (30) days of the end of the month in which the Downtime occurred.

6. Confidentiality

Each party agrees to hold the other’s Confidential Information in confidence and not to use or disclose it except as necessary to perform its obligations under this Agreement. “Confidential Information” includes all business, technical, and financial information disclosed by either party.

7. Intellectual Property

AWMM and its licensors own all right, title, and interest in and to the Service, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth in this Agreement.

8. Data Protection & Privacy

AWMM will maintain appropriate administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of your Customer Data. Our treatment of personal data is further described in our Privacy Policy, which is incorporated into these Terms by reference. As a data intermediary, AWMM will process personal data within your Customer Data only in accordance with your instructions and for the purpose of providing the Service.

9. Term and Termination

9.1. Term. This Agreement commences on the date you first accept it and continues until all User subscriptions have expired or been terminated.

9.2. Termination for Cause. A party may terminate this Agreement for cause upon 30 days’ written notice of a material breach if such breach remains uncured at the expiration of such period.

9.3. Effect of Termination. Upon termination, your right to access and use the Service will cease. You are responsible for exporting your Customer Data prior to the termination date. After a reasonable post-termination period, AWMM may delete your account and Customer Data.

10. Warranties and Disclaimers

10.1. Warranty. AWMM warrants that the Service will perform materially in accordance with the applicable Documentation. Your exclusive remedy for breach of this warranty shall be the correction of the non-conforming Service.

10.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” AWMM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AWMM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

11.1. Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.

11.2. Exclusion. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.

12. Governing Law and Dispute Resolution

12.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws principles.

12.2. Dispute Resolution. The parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good-faith negotiations. If the dispute cannot be resolved amicably, the parties hereby submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

13. General Provisions

13.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, agreements, and understandings.

13.2. Assignment. You may not assign this Agreement without the prior written consent of AWMM. AWMM may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

13.3. Notices. Notices shall be sent to the email address associated with your account and shall be deemed given when sent.

13.4. Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control.

13.5. Modifications. AWMM may modify these Terms from time to time. We will provide at least 30 days’ notice prior to any changes taking effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

14. Contact Information

If you have any questions about these Terms, please contact us using the contact form at:

AWMM
https://www.awm.services/