- Application and Acceptance of these Terms By accessing or using the Services, you (“User”, “you” or “your”) agree to be bound by the prevailing version of these Terms, as may be updated from time to time (these “Terms”). If you do not agree to these Terms, you must not access or use the Services, and you must immediately instruct us to terminate your account in accordance with these Terms. We may publish operating rules, policies, guidelines and procedures from time to time, which are incorporated herein by reference. We make no warranty that the Services, in full or in part, are available or will continue to be available in any jurisdiction. If you are accessing or using the Services on behalf of a business or entity, then (i) “User”, “you”, and “your” include you and that business or entity, (ii) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on your own behalf and on the entity’s behalf, and (iii) you are jointly and severally responsible, together with such business or entity, for any access or use of your account, including without limitation by any employees, agents or contractors.
- Your Account with Us
- ++Account Registration.++ To access or use some Services, you may need to create an account with us and log in to your account. When creating your account, you must provide accurate information, and keep it up to date.
- You may also be able to access the Services using an existing account of yours with a third-party service (“Third-Party Account”). If the third-party service provider suspends or terminates your access or our connection to such Third-Party Account, your access to the Services may be interrupted. Your Third-Party Account with the third-party service may be subject to terms and conditions imposed by the third-party service provider.
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You agree that, if you apply for an account:
- we may require you to meet certain eligibility criteria that we set from time to time;
- you shall provide us with such information, materials, documentation, and assistance as we may require or as may be required under applicable law from time to time;
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you represent, warrant, and undertake to us now and on an ongoing basis that:
- all information, materials, and documentation that you provide or make available to us are accurate, up-to-date, and complete;
- you are not subject to any economic, financial, trade, immigration, aircraft, shipping, or other sanctions, export controls, trade embargoes, or restrictive measures (“Sanctions”) imposed, administered, or enforced in any jurisdiction; and
- you are not listed on, owned by, or controlled by any person listed on a list issued or maintained by any government or regulatory agency, department, or authority in any jurisdiction responsible for the imposition, administration, or enforcement of Sanctions.
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++Account Security.++ We employ security measures intended to protect your account. Your account is intended solely for your own individual use. You must select a unique password for your account and keep it confidential. You may not share your account credentials, permit any third party to access or use your account, or otherwise borrow, rent, transfer, or sell any account. If you become aware of any unauthorized access to your account, or have reason to believe that your account credentials have been compromised, or that your account has been accessed or used by a third party, you must notify us immediately at: contact@MuleRun.com. You agree and acknowledge that:
- it is your sole responsibility to maintain the security and confidentiality of your account and to keep your account credentials secure and confidential;
- you are responsible and liable for all activities conducted through or attributable to your account, whether or not actually authorized or undertaken by you; and
- we are not liable for any unauthorized access to or use of your account, regardless of whether we have received notice of any suspicious or unauthorized activity or any compromise of your credentials.
- ++Restriction, Suspension, or Termination++. Without limiting the generality of the foregoing, we have the right to restrict, suspend or terminate your account and/or your access to or use of the Services, and/or remove any content stored on any systems associated with the Services, at our sole and absolute discretion, with or without notice to you, and with or without providing any explanation, including without limitation where: (i) required under applicable law; (ii) any of our service providers are unable to support your use thereof; (iii) we believe you may be in breach or are likely to breach these Terms or any other terms as between you and us; or (iv) we have reason to believe that you may have or are likely to circumvent any controls or restrictions in connection with the Services, or abuse any features, offers, promotions which we may offer from time to time in connection with the Services.
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Use of the Services
- Artificial Intelligence (“AI”) and machine learning are a rapidly evolving field. By using the Services, you agree to comply with the following rules.
- MuleRun functions as an application‑level interface that integrates and orchestrates third‑party AI models made available via external application programming interfaces (“APIs”). We do not design, train, fine‑tune, modify, or host the underlying machine learning models that MuleRun uses to generate Outputs (as defined below).
- You acknowledge that you are interacting with an AI-powered system. AI-powered systems rely on probabilistic and statistical models, which may, from time to time, produce inaccurate, incomplete, or misleading information. We expressly disclaim any liability for errors, omissions, misunderstandings, or other inaccuracies arising from the use of or reliance on outputs generated by the AI-powered system.
- You acknowledge and agree that: (a) any Output is generated in response to Inputs (as defined below) that you submit, at your request, and will not necessarily reflect our views, opinions, or beliefs; (b) as between you and us, you are solely responsible for independently reviewing and evaluating all Output including without limitation the accuracy, appropriateness, reliability, and fitness of the Output for your specific use case; (c) any reliance on the Output is at your own risk, and you agree to exercise your own judgment before acting upon any Output; and (d) you shall assume full responsibility for all decisions, actions, or omissions made in reliance on the Output.
- You acknowledge and agree that:(a) Output generated by the Services for you is not guaranteed to be unique, and the Services may produce identical or substantially similar outputs for other users;(b) the Output may contain errors, inaccuracies, omissions, or inappropriate, unintended, or offensive elements, or be misleading, or lack context. AI-powered systems do not possess human-like creativity, emotional understanding, or contextual awareness. As a result, AI-generated content may be repetitive, formulaic, or fail to capture linguistic nuances—such as slang, idioms, humor, or culturally specific references; (c) AI-powered systems are trained on large datasets that may reflect historical or societal biases, and such biases may be reflected in the Output. AI also has inherent limitations in performing complex reasoning, exercising sound judgment, or adapting to novel or ambiguous situations. The quality, reliability, and relevance of the Output depend significantly on the quality and scope of the training data, which may contain inaccuracies, gaps, or outdated information.
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We disclaim any warranty that any Services or Outputs will be accurate, reliable, complete, or that your use thereof will comply with applicable laws or third-party rights.
- You shall procure and ensure that your use of the Services and your activities in connection with the Services:
- at all times complies with all applicable laws;
- does not infringe, misappropriate, or otherwise violate any intellectual property rights (including copyright, trademark, trade secret, or patent rights), proprietary rights, rights of publicity, privacy rights, or any other legal or contractual rights of any third party;
- does not impair the security, stability, or availability of the Services, or interfere with the ability of others to access or use the Services;
- does not expose us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type, including reputational harm; and
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does not cause all or any portion of the Services to become subject to any open-source software license.
- You shall not, and shall not permit or assist anyone use the Services to:
- rent, lease, distribute, license, transfer or sell, the Services or any part thereof;
- engage in any deceptive, misleading, or harassing conduct;
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upload, transmit, communicate, and/or reproduce through the Services any material that:
- is or may be illegal, defamatory, obscene, harmful, and/or offensive;
- infringes, misappropriates, or otherwise violates any intellectual property rights (including copyright, trademark, trade secret, or patent rights), proprietary rights, rights of publicity, privacy rights, or any other legal or contractual rights of any third party, or reasonably could do so;
- is inaccurate, false, or misleading;
- contains or relates to any pornography or sex-related content, or any other content that otherwise promotes sexually explicit materials;
- promotes discrimination, including without limitation on the basis of on race, sex, religion, nationality, disability, sexual orientation, or age;
- is objectionable on the grounds of public interest, public morality, public order, public security, national harmony or is prohibited by applicable laws;
- advocates or instructs on suicide or self-harm;
- advocates or instructs on violence or cruelty to, physical abuse of, or acts of torture or other infliction of serious physical harm on, human beings;
- deals with matters of race or religion in a way that is likely to cause feelings of enmity, hatred, ill will, or hostility against, or contempt for or ridicule of, different racial or religious groups in Singapore or elsewhere;
- advocates or instructs on terrorism;
- advocates engaging in conduct in a way that: (a) obstructs or is likely to obstruct any public health measure carried out in Singapore or elsewhere; or (b) results or is likely to result in a public health risk in Singapore or elsewhere;
- contains any ‘prompt injections’ or other inputs intended or likely to circumvent any controls or restrictions in connection with the Services, or cause the Services to behave in an unexpected or unintended manner; or
- contains any harmful inputs, code, or files that contain viruses, trojans, worms, time bombs, logic bombs or other material that is malicious or technologically harmful.
- You shall not and shall not permit or assist anyone to use the Services;
- to fabricate or disseminate false or misleading information;
- to send any form of unauthorised or unsolicited messages including spam;
- to obtain unauthorised access to any system or information or deceive or mislead any person;
- to undermine the integrity of the computer systems or networks used by us and/or any user of the Services, or attempt to gain unauthorized access to such computer systems or networks;
- to probe, scan, test the vulnerability of or attempt to circumvent any security or authentication measures or features, functionalities, data, information or content that you are not authorised to access;
- to interfere with, ‘jailbreak’, or disrupt the proper working of the Services (or any part thereof), and/or any website or any networks connected to the Services, whether via ‘prompt injections’ or otherwise;
- to modify, alter, tamper with, repair, or create derivative works of any software included in the Services;
- to reverse engineer, disassemble, or decompile any part of the Services;
- to scrape, mine, or distil any information, data or content from the Services whether using scripts, engines, software, tools, agents, devices, data mining tools, scraping techniques, distillation techniques, or other means or mechanisms, in each case whether manual or automated;
- in any way which exceeds any rate limits or which imposes or may impose an unreasonable or disproportionately large load on the Services, and/or any third party service;
- to use the Services or any information, data, or content made available via the Services to develop or improve any products or services (including without limitation any models) that compete with the Services, or other services provided by or on behalf of us or our affiliates (or any aspect thereof);
- to impersonate or attempt to impersonate us, another user or any other person (living or dead) or entity, including without limitation using any person’s account without authorization;
- in connection with any of the following:
- military purposes and/or warfare;
- development of weapons, explosives, or dangerous materials;
- management or operation of critical infrastructure (e.g., transportation, energy);
- creation or distribution of controlled substances;
- solicitation or distribution of information in connection with self-harm;
- activities with high risk of economic or other harm to any person (e.g., gambling, automated determinations of eligibility for credit, employment or educational institutions);
- political purposes (e.g., building conversational or interactive chatbots for political campaigning or advocacy or lobbying purposes);
- analysing individuals or groups of natural persons for unlawful or discriminatory purposes; or
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any unlawful purpose or activity.
- You agree that it is your sole responsibility to obtain all necessary permits, licenses, and/or approvals required by laws and/or regulations, and to comply with all applicable laws in connection with your use of the Services (including without limitation intellectual property, data protection, and privacy laws).
- You agree and acknowledge that: (i) the Services are not suitable for use for, and must not be used for, any purpose that may have a legal, financial, or other material impact on an individual, such as making, assisting, or influencing decisions relating to credit, education, employment, housing, insurance, legal rights, medical treatment, or other significant decisions, assessments, or judgments relating to any person; and (ii) you should not rely on the Services as a substitute for independent judgment or expert consultation.
- Without limiting our rights under Section 2(e) above, to the fullest extent permitted by law, if you breach any part of these Terms or we have reason to believe you may breach any part of these Terms, we may, with or without notice to you, immediately and without liability, and with or without providing any reason suspend or terminate your account or access to the Services.
- User Content
- We may, as part of the Services, allow you to submit or make available prompts, text, images, videos, audios, documentations, files or other content or materials to our Services for processing (“Inputs”). Information, data, code, documents, images, and/or other materials may be generated at your request, based on your Inputs (“Outputs”). Inputs and Outputs are collectively referred to in these Terms as “User Content”.
- As between you and us, you retain ownership of your User Content, subject to the license granted to us hereunder.
- We are not obliged to store, maintain, or provide you with a copy of User Content. User Content made available on the Services may be removed or rendered inaccessible from time to time, even if not marked for deletion by you. You are solely responsible for all your User Content and it is your sole responsibility to take appropriate redundancy and/or backup measures in connection with any such User Content that you require.
- You hereby grant us and our affiliates an irrevocable, perpetual, sublicensable, royalty-free and worldwide licence to reproduce, use, communicate, modify, or adapt any User Content, and/or authorise any of the foregoing, to provide, maintain, operate, develop or improve the Services or to comply with applicable law.
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By making available any User Content:
- You represent and warrant that you own or have necessary license, authorization or clearance, and you have provided any required notice and obtained all required consents, to make available the User Content, and to grant to us and our affiliates the all rights granted or purported to be granted by you in these Terms;
- You agree and acknowledge that you are solely responsible for ensuring that the User Content complies with applicable laws and does not infringe any third party rights.
- You represent and warrant to us that your making available of User Content and our processing, use, reproduction, and/or communication of the same as described or contemplated in these Terms: (a) will not violate these Terms, applicable law, or any third party rights; and (b) will not require us to comply with any additional licence or contractual terms beyond those set out herein;
- You acknowledge and agree that: (a) we are not under any obligation of confidentiality to any person regarding any User Content unless agreed otherwise in a separate direct contract between you and us or required under applicable law; (b) we may use and disclose User Content to operate and provide the Services, to comply with applicable laws, enforce these Terms, prevent fraud, fix security or technical issues and/or in other circumstances we believe to be appropriate.
- You undertake to indemnify, defend and hold us and our affiliates harmless against any claims arising from or in connection with User Content.
- You may use the “Share” feature to share selected User Content with others. By doing so, you represent that: (i) you have obtained explicit consent from any third parties whose personal data (if any) is included; (ii) you have not shared any sensitive data (e.g., health, financial, biometric, or government-related) without proper authorization; and (iii) you accept full liability for any violations of applicable laws or regulations or damages arising from such sharing. Recipients must perform independent verification before executing any commands based on shared User Content and shall not re-share such content without prior authorization. We reserve the right to disable any link violating these terms at our sole discretion and at any time.
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Payments and Taxes
- ++General Payment Terms.++ We may require you to pay fees in order to use certain features and/or components of the Services. We reserve the right to modify the availability of such features or components and the applicable payment terms, including the fees, at our sole discretion, as permitted by applicable laws. Unless otherwise specifically provided for in these Terms, all fees are denominated in U.S. Dollars (USD) and are non-refundable, except as required by law. The pricing and payment terms in this Section are subject to any pricing and payment terms separately agreed between you and us.
- ++Fees.++ The fees charged may vary across jurisdictions and may also vary depending on how you access and use the Services. Unless stated otherwise, the fees shown on the Services exclude taxes and ancillary or incidental fees that may apply. The amount of any applicable taxes or ancillary or incidental fees will be added to the price and displayed during check-out, prior to your confirmation of the payment. You are solely responsible for paying any applicable taxes and ancillary or incidental fees.
- ++Payment Processing.++ If payment of fees is required, you must make payment using one of the payment methods designated by us, which we reserve the right to change at any time, at our sole discretion, and which may vary depending on your jurisdiction and the applicable payment option. All payments in connection with the Services are accepted and processed by such licensed third-party payment service providers as we may designate from time to time (“PSPs”) and we are not responsible for accepting or processing any payments in connection with the Services. You agree to comply with any terms and conditions governing such payments prescribed by the relevant PSPs.
- By providing us with a payment method, you represent that you are authorized to use that payment method and that all information you provide in connection with the payment method is accurate.
- If for any reason, any payment cannot be processed by any PSP using your provided payment method or is reversed for any reason, we may decline to provide or prevent your continued access to, as applicable, the relevant Services.
- ++Subscription++. If you pay for a subscription-based plan (“Subscription”), you will be charged in advance according to the billing cycle of your selected plan, and payments will automatically renew for each billing period. The “Subscription Billing Date” is the date you first pay for the Subscription. The service under the plan begins on this date and continues for the initial subscription period you select (“Initial Subscription Period”). The Subscription will then automatically renew for successive periods of the same length (“Subscription Periods”), unless you cancel or we terminate the related Subscription. By activating the Subscription, you authorize us or our third-party payment processors to charge all accrued fees on or before each due date, on an ongoing basis until cancellation. Details about the recurring fee (“Subscription Fee”) are available on our Pricing Page or within the Services. Your account will be automatically charged on the Subscription Billing Date and each renewal date for all applicable fees and taxes for the upcoming Subscription Period. To avoid being charged for the next period, you must cancel your Subscription at least 24 hours before it renews. You may cancel via the billing menu in your account or by contacting us at contact@MuleRun.com. Cancellation must be received before the renewal date, otherwise fees may be payable for the next Subscription Period.
- ++Taxes.++ You are responsible for all applicable government taxes, excluding those based on our income or assets. The prices shown do not include taxes; these will be added to your bill and must be paid by you. You may be exempt from these taxes only if you provide a valid tax exemption certificate. You are liable for any fines, penalties, or interest resulting from incorrect or missing tax information provided by you.
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Ownership and Licenses
- The Services are owned by us and our licensors, and we retain all right, title, and interest in and to the Services, including all improvements, enhancements, and modifications thereto, and all intellectual property rights associated with the foregoing. All rights not expressly granted to you under these Terms are reserved by us.
- Subject to your full and timely compliance with these Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, and revocable licence to access and use the Services solely in accordance with these Terms. You acknowledge and agree that we may terminate this licence granted to you and/or remove or disable access to any User Content, at any time, if you breach these Terms or for any other reason, with or without written notice to you, to the maximum extent permissible under applicable law.
- We respect the intellectual property rights of others, take the protection of intellectual property rights very seriously, and ask users of the Services to do the same. Without limiting the generality of our rights reserved elsewhere in these Terms, we reserve the right to respond to suspected infringement of intellectual property or publicity rights by: (i) blocking your access to the Services, (ii) terminating your account for the Services, (iii) removing or blocking User Content, (iv) withholding payments to you; and/or (v) taking other actions we deem appropriate. We may also disclose your identity to third parties who claim that any User Content constitutes a violation of their intellectual property or other rights.
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If you have an intellectual property rights-related complaint about any material on the Services, or if you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written claim to us at intldpo@MuleRun.com. The written claims must include the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that has been infringed, and a statement of rights secured over the same;
- a description of the infringing material and where the same is located on the site;
- address, telephone number, and e-mail address of the copyright owner or its agent;
- a statement that the person submitting the claim has certain knowledge that the disputed use is not authorized by the copyright owner, its agent, or the laws; and
- a statement by the person submitting the claim, made under penalty of perjury, that the above information in the notice is accurate and that the person submitting the claim is the copyright owner or authorized to act on the copyright owner’s behalf.
- We will duly consider all notices submitted in accordance with the requirements above. You agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any infringing material, unless you have first: (i) given us notice in accordance with the requirements above; and (ii) provided us with a reasonable opportunity to remove the infringing material. Where we remove the infringing material in response to your notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any infringing material appearing on the Services prior to such removal by us.
- You agree and acknowledge that we have no control and are not responsible or liable for any content or material on third party platforms or services.
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Third Party Services
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The Services may include third-party services (including, without limitation, third-party large language models (“LLMs”), plugins, APIs, and other external tools, (collectively, the “Third-Party Services”). You acknowledge and agree that:
- Third-Party Services are provided to you by third-party service providers;
- Third-Party Services may be subject to additional terms and conditions (including without limitation user terms, acceptable use policies, privacy policies, and content policies) published or otherwise made available by the applicable third parties, and you shall comply with the same at all times;
- to facilitate your use of the Services, your User Content may be shared with such third parties (for example, to enable a third party LLM to generate output);
- your data (including any personal data disclosed to us) may be collected, used, disclosed, and/or processed by such third parties; please refer to the third-party service providers’ privacy policies and other applicable policies for more information; you represent and warrant that you have taken all necessary steps, including providing any required notice and obtaining all required consents, for compliance with applicable laws in respect of such collection, use, disclosure, and/or processing;
- we are not responsible or liable in any way in connection with any Third-Party Services, including without limitation any use of User Content, or output generated or other content made available by Third-Party Services;
- without prejudice to the generality of the foregoing, we have no obligation to pre-screen, monitor, review, or edit any output or other content or services provided by or through such Third-Party Services;
- to the fullest extent permitted by laws, any dispute you have with any third party arising out of your use of any Third-Party Services is directly between you and such third party, and you irrevocably release us from any and all claims, demands, fines, indemnifications and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such dispute;
- you are solely responsible for conducting your own assessment and verification of any technical, legal, or security risks associated with such Third-Party Services; and
- you are solely responsible and liable for any losses, damages, or consequences arising from your use of any Third-Party Services.
- You acknowledge and agree that we have the right, but not the obligation, to: (i) inspect or test any Third-Party Service for purposes of quality assurance and compliance with these Terms; and (ii) pre-screen, monitor, review, or edit your use of any Third-Party Services and the information generated thereby. However, any such action (or inaction) by us shall not constitute or imply any responsibility or liability on our part for the security, compliance, accuracy, completeness, or legality of your use of such Third-Party Services, or of the content, data, or outputs generated as a result of such use. We do not endorse, control, or assume any responsibility or liability for any Third-Party Services or the outputs derived from them. Your reliance on or use of any Third-Party Services and associated outputs is at your sole risk.
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The Services may include third-party services (including, without limitation, third-party large language models (“LLMs”), plugins, APIs, and other external tools, (collectively, the “Third-Party Services”). You acknowledge and agree that:
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Personal Data
- You agree that:
- it is a continuing condition of your access and/or use of the Services that you agree to the prevailing version of the User Privacy Policy, although this condition shall not apply if applicable laws require us to obtain your consent or agreement to our use of your personal data in other ways;
- your consents herein supplement and are cumulative and additional to, any other consents which you may have provided us and any other rights which we may have to collect, use, and/or disclose your personal data, with or without your consent, to the extent permitted under applicable law.
- You remain responsible for complying with all applicable data protection requirements in relation to personal data that you submit, upload, transmit or otherwise process using the Services. Without limiting the generality of the foregoing, you represent and warrant to us that:
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you have obtained all necessary rights and consents under applicable laws in relation to any personal data you upload, provide, store, process, share, or make available via the Services (including without limitation as may be comprised in any User Content), and you have obtained consent from the relevant individuals and provided all necessary notices to the relevant individuals, for you to disclose and transfer such personal data, information, or other material to us, and for us to collect, use, disclose, and/or process such personal data:
- to operate and provide the Services;
- for the purposes referred to in the Users Privacy Policy; and
- for any purposes described or contemplated in these Terms; and
- none of these consents referred to in (i) have been withdrawn as of the time the relevant personal data is provided to us; and if any such consent is subsequently withdrawn, restricted, or determined to be invalid, you shall promptly notify us, use all tools we may make available in the Services to delete such data, immediately cease providing or making available such personal data to us, and remain solely responsible for ensuring that any continued processing is supported by a valid legal basis under applicable law.
- Feedback We value the thoughts and comments shared by Users. If you choose to provide us with input, suggestions, or feedback regarding existing features, issues with the Services, or proposed modifications or improvements (“Feedback”), you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully paid, royalty-free licence to use, reproduce, modify, adapt, publish, and otherwise exploit such Feedback in any manner and for any purpose, including but not limited to improving the Services or developing new products and services, whether commercial or otherwise. By submitting Feedback, you acknowledge and agree that: (i) all Feedback is provided on a non-confidential basis. We are under no obligation to treat any part of your Feedback as confidential, nor to refrain from using or disclosing it in any way; (ii) we have no obligation to review, consider, or implement your Feedback, or to return any part of it to you for any reason; and (iii) we are not required to provide you with attribution or credit for any Feedback you submit.
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Indemnity
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YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS (THE “INDEMNITEES”) HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES SUFFERED BY ANY OF THE INDEMNITEES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OR IN CONNECTION WITH ANY OF THE FOLLOWING:
- ANY BREACH BY YOU OF THESE TERMS;
- ANY BREACH BY YOU OF THE TERMS AND CONDITIONS OF ANY THIRD PARTY SERVICES;
- ANY CONDUCT THROUGH OR ATTRIBUTABLE TO YOUR ACCOUNT;
- YOUR VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THIRD PARTY RIGHTS; AND/OR
- YOUR FRAUD OR OTHER ILLEGAL ACTS, OR YOUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
- YOU AGREE TO ALLOW US TO CONTROL THE INVESTIGATION, DEFENSE, AND SETTLEMENT OF ANY LEGAL CLAIMS FOR WHICH YOU ARE OBLIGATED TO INDEMNIFY THE INDEMNITEES, AND TO COOPERATE WITH OUR REASONABLE REQUESTS IN THIS REGARD.
- TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DISPUTE BETWEEN YOU AND ANY USER) IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, FINES, INDEMNIFICATION OBLIGATIONS, AND DAMAGES (ACTUAL AND/OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
- THIS CLAUSE [10] (INDEMNITY) WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS FOR ANY REASON.
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YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS (THE “INDEMNITEES”) HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES SUFFERED BY ANY OF THE INDEMNITEES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OR IN CONNECTION WITH ANY OF THE FOLLOWING:
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Disclaimers and Exclusion of Warranties
- NOTHING IN THESE TERMS WILL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
- UNLESS OTHERWISE SPECIFIED IN WRITING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES (AND/OR ANY FEATURE OR CONTENT WITHIN THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, RELATING TO THE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO DISCLAIMERS OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, BUG-FREE, VIRUS-FREE, OR THAT CONTENT OR INFORMATION WILL BE SECURE, UNALTERED, OR NOT BE LOST. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.
- WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY.
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Limitation of Liability
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TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE SHALL NOT BE LIABLE TO YOU FOR OR IN CONNECTION WITH ANY OF THE FOLLOWING:
- ANY LOSS OF PROFIT OR BUSINESS (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
- ANY LOSS OF GOODWILL OR BUSINESS REPUTATION;
- ANY LOSS OF OPPORTUNITY;
- ANY LOSS OF DATA;
- ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR
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ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF OR IN CONNECTION WITH:
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURE OR CONTENT WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. YOU ARE RESPONSIBLE FOR ANY MOBILE OR NETWORK CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR MOBILE OR NETWORK SERVICE PROVIDER BEFORE USING THE SERVICES.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE INDEMNITEES TO YOU IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; AND (B) US $100.
- ++Force majeure.++ Under no circumstances are we liable for any delay, failure, interruption, or disruption in the Services or in the performance of our obligations under these Terms resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control or which render the performance of such obligation impossible or impractical, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
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TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE SHALL NOT BE LIABLE TO YOU FOR OR IN CONNECTION WITH ANY OF THE FOLLOWING:
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Termination
- These Terms will remain effective unless lawfully terminated in accordance with these Terms.
- If you no longer wish to use the Services and would like to terminate your account, you may do so via the settings page on the Services or by contacting us at: contact@MuleRun.com and following such procedures as we may prescribe from time to time. Please note that once your account is terminated, it cannot be reactivated, and you will not be able to recover any content or information associated with your account.
- We may, at our sole and absolute discretion, with or without notice to you, and without providing any explanation, do any of the following, including without limitation if we have reason to believe you have breached or may breach any of these Terms: suspend or terminate your account and/or suspend or remove any User Content. If your account is terminated for any reason—whether by you or by us—these Terms will automatically terminate, and we may proceed to remove your User Content in accordance with our policies.
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Upon termination or expiry of these Terms for any reason:
- all approvals, consents, statuses, registrations, rights, or benefits granted to you in connection with these Terms shall immediately cease;
- you shall promptly pay us all amounts payable or owed to us in connection with these Terms; and
- the rights and licences you grant to us or other parties under these Terms, and any rights or obligations under these Terms which are expressly or by implication intended to survive the termination or expiry of these Terms, including without limitation Sections 4 (User Content), 5 (Payments) 6 (Ownership and Licenses), 8 (Personal Data), 10 (Indemnity), 11 (Disclaimers and Exclusion of Warranties), 12 (Limitation of Liability), 13 (Termination), and 14 (Other Terms) shall survive and continue to bind you.
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Other Terms
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Interpretation. In these Terms, unless the context otherwise requires:
- all references to the exercise of any discretion or judgement by us, the making of a determination, decision, or designation by us, any requirement for our approval or consent, any consideration by us of whether anything is satisfactory or acceptable, or as to its quality, or any decision to be made on our part, will be at our sole and absolute discretion, and will be final, conclusive, and binding on you;
- a reference to a statutory provision shall include that provision and any regulations made in pursuance thereof as from time to time modified or re-enacted, whether before or after the date of these Terms;
- “person” shall include an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representative, unincorporated association, joint venture, and their respective successors, legal personal representatives and assigns, as the case may be;
- “written” and “in writing” shall include any means of visible reproduction, “other” and “otherwise” are not to be construed as limiting the scope of subsequent words to be of the same kind or similar to any foregoing words, and whenever the words “include”, “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation”, and references to “Sections” are to the sections of these Terms;
- words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter);
- references in these Terms to a time of day are to Singapore time and references to the words “month” or “monthly” as well as all references to a number of months mean calendar months; and
- headings are for convenience only and shall not affect the construction of these terms.
- Applicable Law. These Terms, their subject matter and their formation, are governed by the laws of Singapore.
- Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding the existence, validity or termination of these Terms, 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 for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The arbitration language will be English. The law governing this arbitration agreement shall be Singapore law. Both parties agree, to the maximum extent permitted by law, that any claims against each other must be brought on an individual basis and not as part of a class, consolidated, or representative proceeding.
- Class Action Waiver. To the maximum extent permitted by applicable law, you agree that any dispute between you and us shall be resolved on an individual basis. You and we waive any right to bring, join, or participate in any class action, consolidated proceeding, or representative lawsuit against the other. This waiver applies to claims brought in court, arbitration, or any other forum.
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Notices. Notices, requests, and communications from you to us in connection with these Terms must be given in writing via such means as we may specify from time to time, and will only be considered to be received by us when actually received by us. Notices, requests, and communications (including without limitation any originating process or documents relating to legal or other proceedings) from us to you shall be deemed to be received by you:
- if delivered by hand, at the time of delivery;
- if sent by post or courier, immediately after posting;
- if transmitted to a mobile number, telephone number, email address, electronic identifier, or electronic device, immediately upon transmission by us; and
- if made available on or via our website or the Services, at the time it is made available.
- Records. Our electronic records and logs of transmissions, transactions and communications made by us shall be deemed to be final, conclusive and binding evidence for any purpose whatsoever, save where there is a manifest error.
- Modifications and Maintenance. We may at any time, without prior notice, launch, modify, suspend, or discontinue any part of the Services, or perform upgrades and maintenance. If such actions are reasonably expected to materially affect your use, we’ll use commercially reasonable efforts to notify you in advance (e.g., with scheduled maintenance dates/times). You agree to comply with all instructions provided in these notices.
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Confidentiality. From time to time, you may receive or be privy to non-public information in connection with the Services, including without limitation information, documents, or materials which are designated by us as confidential or which by its nature or under the circumstances surrounding disclosure ought to be treated as confidential (“Confidential Information”). You shall keep any Confidential Information disclosed or made available to you confidential, use Confidential Information solely to perform your obligations under these Terms, and shall not disclose Confidential Information to any third party, save for:
- any disclosure by you to your officers, employees, or agents on a need-to-know basis and solely to perform your obligations in connection with these terms, provided that you procure and ensure that such persons comply with this clause as if references to you therein are references to such persons instead;
- any Confidential Information which is required to be disclosed pursuant to applicable law, any order of a court of competent jurisdiction, or government agency or authority, provided that you immediately inform us of the disclosure requirement in writing;
- any disclosure or use to which we have given prior written approval; and/or
- any information which becomes generally known to the public, other than by reason of any intentional or negligent act or omission by you.
- Open Source. The Services may include certain open source components (e.g., software, skills) which may be governed by the terms of the respective open source licence(s). These licence terms may impose specific obligations and restrictions regarding the use, modification, and distribution of such open source components. Nothing in these Terms limits your rights or obligations under any applicable open source licence.
- Entire Agreement. These Terms, Users Privacy Policy, and other agreements, terms, policies, guidelines and documents incorporated herein by reference or provided by us constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements, communications or understandings between you and us on that subject. These Terms will be binding upon and will inure to the benefits of our and your successors, heirs and permitted assigns, respectively.
- Assignment. These Terms are personal to you and you may not assign or transfer these Terms. Any assignment or transfers of these Terms by you in violation hereof shall be null and void. We may assign or transfer these Terms or our rights or obligations hereunder to our affiliates or in connection with a merger, acquisition or sale of all or substantially all of our assets, without your prior consent and without notice to you.
- Eligibility. You must be at least the age of majority in your jurisdiction or 18 years old, whichever is higher, to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (b) you have not previously been suspended or removed from the Services; and (c) your registration and use of the Services is in compliance with all applicable laws in your region.
- No Waiver. No failure or delay by us in exercising, insisting upon, or enforcing any provision of these Terms shall be construed as a waiver of any provision or right, or render us responsible for any loss or damage arising therefrom.
- Cumulative rights. Each of our rights and remedies under these terms are cumulative, without prejudice to, and in addition to, all our other rights and remedies under applicable law, in equity, or elsewhere in these terms.
- No third party rights. A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 2001 (or any analogous legislation or law anywhere in the world) to enforce any part of these terms.
- Security. You acknowledge and agree that (a) we do not guarantee that the Services will be secure, error-free, or free from bugs, viruses, or other harmful components; (b) you are responsible for taking reasonable and appropriate measures to safeguard your access to and use of the Services, which includes configuring your information technology systems, software, and platform to ensure compatibility and security. We strongly recommend that you use up-to-date antivirus and security software to protect your systems when accessing the Services.
- Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
- Export and Trade Controls. You agree to comply with all applicable export control and sanctions laws and regulations in using the Services. You represent and warrant that you will not export, re-export, or transfer (in-country) to or otherwise allow the use of the Services, and the content generated by the Services for: (1) persons or entities listed on, or owned or controlled by, the list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control, or any other list of persons or entities with whom dealings are restricted or prohibited by any applicable foreign jurisdiction; (2) persons or entities who are, or are or owned or controlled by persons or entities, located in or governments of sanctioned countries or territories, or (3) any prohibited end use including but not limited to (i) military end uses, (ii) rocket systems or unmanned aerial vehicles, (iii) nuclear end-uses, (iv) chemical, biological, or nuclear weapons end-uses, (v) advanced computing, and (vi) supercomputing. You agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any part of Services or the content generated by using the Services to any destination, entity, or person or for any use prohibited by the laws or regulations of Singapore or applicable foreign jurisdictions without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
- Changes to these Terms. We reserve the right, in our sole discretion, to modify these Terms at any time. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through the Services. You are encouraged to review these Terms regularly to stay informed of any updates. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of the updated Terms. Your continued access or use of the Services after the effective date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services and immediately instruct us to terminate your account in accordance with these Terms.
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Interpretation. In these Terms, unless the context otherwise requires: