Terms of Service

Effective Date: 10 March 2022

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY HAVE IMPORTANT CONSEQUENCES FOR YOU.

  1. Introduction

These Terms of Service (“Terms”) govern your use of the Smart Building Management (“SBM”) Website, including SBM official website and subdomains (“Website”), SBM mobile application (“App”), and building management technologies, including without limitation access technologies, facilities management technologies and security alerts technologies (collectively, the “Services”) provided by COLOSO PTE. LTD, developer, operator and owner of SBM Solution, and CIS-TRONICS PTE LTD, authorized system integrator of SBM Solution (collectively “Smart Building Management”, “SBM”, SBM Entities”, “we”, “us”, “our”).

By using the Services in any manner, including without limitation browsing, accessing or using the Website, or by downloading, installing or using the App, you hereby expressly acknowledge and agree to observe and be bound by these Terms. If you do not agree to these Terms of Service, please do not use these services.

2. About Our Services

SBM provides, and always strive to improve, ways for building management industry to digitalize their multi-disciplinary day to day operation with advanced technologies. SBM Solution enables seamless experiences for building tenants, enhances productivity and brings cost savings in management councils with the use of advanced technologies on a holistic platform. It also promotes efficient communications among tenants, managements, security personnel, and creates vibrant and connected building communities. 

Since we started SBM, we’ve built our Services with strong privacy and security principles in mind. We work to protect the safety, security, and integrity of our Services. This includes appropriately dealing with abusive people and activity violating our Terms. We work to prohibit misuse of our Services including harmful conduct towards others, violations of our Terms and policies, and address situations where we may be able to help support or protect our customers, users and community. If we learn of people or activity like this, we will take appropriate action, including by removing such people or activity or contacting law enforcement.

  1. Acceptable Use of Our Services

Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of SBM, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm To SBM Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

Creation Of Your Account. When you create an Account, you represent and warrant that: (a) if you are an individual, you are at least 21 years of age. If you are under 21 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities; (b) if you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms; (c) you are capable of entering into and performing legally binding contracts under applicable law; (d) you are and will be legally, financially and morally responsible for all activities that occur under your User Account; (e) all registration information you provide is true, accurate, current, and complete to the best of your knowledge and belief and that you will promptly inform us of any changes to such information by updating your User Account profile; (f) you agree to provide such proof of identity and other documentary evidence as we may reasonably request or require in order to verify our records of your personal particulars; (g) you give consent to SBM to collect, use and disclose your personal data for the purpose of account creation; and (h) if you provide personal data on behalf of any other individual, you agree to obtain explicit or deemed consent from these individuals to collect and disclose his or her personal data to us for the purpose of account creation prior to the submission of such personal data. All User Accounts are non-transferable. You shall not allow any third-party to use the user Account assigned to you without SBM’s prior written approval.

Keeping Your Account Secure. You are responsible for keeping your device and your SBM account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. SBM shall be entitled to treat all transactions, communications, and other activities occurring under or referable to your SBM account as having been carried out by you or on your behalf and with your knowledge and authority. SBM shall not be liable for any losses, damage, costs, fees or expenses arising out of or in connection with any transaction, communication, or activity carried out under or referable to your SBM account.

  1. Availability and Termination of Our Services

Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. You can terminate your relationship with SBM by stop browsing, accessing or using the Website, or by deleting the App. If you wish to delete your SBM account, you may contact us at customercare@sbmtech.ai.

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable, suspend, or delete your SBM account if it does not become active after account registration or if it remains inactive for an extended period of time. You acknowledge and agree that if you stop using your Account or if we suspend or terminate your Account, you may lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

  1. Licenses

Your Rights. SBM does not claim ownership of the information that you submit for your SBM account or through our Services. You must have the necessary rights to such information, including without limitation rights to collect, use and disclose personal data of other individuals that you submit for your SBM account or through our Services and the right to grant the rights and licenses to SBM in our Terms.

SBM’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission.

Your License To SBM. In order to operate and provide our Services, you grant SBM a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, process, reproduce, distribute, create derivative works of, and display the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as walk-in and vehicle access, visitor invitation and registration, and account identification and authentication).

SBM’s License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. The Services is provided for your non-commercial use only and must not be used for business or commercial purposes. You may not reproduce, modify, copy or distribute or use for commercial purposes any part of this Services without SBM’s permission.

  1. Third-party Merchant Links, Products and Services

Third-party Links. This Services may contain links to third-party websites which are not operated or managed by SBM. SBM has no control over and does not accept or assume any responsibility for these third-party websites. Your use of any third-party websites is entirely at your own risk.

Third-party Products And Services. This Services may contain links to, and information about other businesses (“Merchant”) and their respective products and services. All such information is provided only for your information and convenience and not as an endorsement of any Merchant or their respective products or services. You are solely responsible for verifying all information directly with the applicable Merchant before relying on such information. If you decide to enter into any transaction with these Merchants, it is your responsibility to check their background, including their place of origin, their address, mode of payment, and any other matters that are important to you. Your purchase, order, booking or use of any product or service of these Merchant may be subject to specific terms and conditions imposed by them, including without limitation terms and conditions relating to tax, shipping, delivery, special offers, discounts, refunds, reservations, cancellations and changes. You are solely responsible for verifying these specific terms and conditions directly with the Merchant before you make a purchase, order, booking or payment for any products or services.

You acknowledge that SBM is not the manufacturer or supplier of any of the third-party products or services displayed or advertised on this Services. Instead, SBM merely provides an electronic marketplace in which you may contact and arrange transactions with suppliers of the products and services. SBM is not a party to any transactions or communications between you and any of these Merchants. SBM has no control over and does not guarantee the quality, safety or legality of the products or services offered by these Merchants, the ability of any Merchant to sell any item or fulfil any order, the truth or accuracy of any information provided by any Merchant, or that the Merchant will actually complete a transaction.

If you have a dispute with any Merchant, you agree that you shall have no recourse against SBM entities, or their subsidiaries, affiliates, directors, shareholders, employees, contractors, partners, suppliers, attorneys, advisors, agents or licensors in respect of such dispute and you hereby release SBM entities from any and all claims, demands and damages (actual and consequential) arising out of or in connection with such disputes.

SBM is not responsible and assumes no liability whatsoever, and you shall not hold SBM entities, or their subsidiaries, affiliates, directors, shareholders, employees, contractors, partners, suppliers, attorneys, advisors, agents or licensors responsible or liable for the acts or omissions of any Merchant any dealings whatsoever between you and a Merchant, whether or not such dealings have been facilitated by SBM or conducting on or through this Services.

  1. Payment

SBM may engage payment services provider (“PSP”) licensed by the Monetary Authority of Singapore to verify identity, secure and protect your payment information and process payments made by means of this Services. SBM does not handle or process such payment services, but provide a platform to enable users to make payments with infrastructure supplied by the PSP.

You undertake not to use the payment service in an unlawful or fraudulent manner. In particular, you shall not make any online payment other than your own or without the prior consent of the lawful holder thereof. You agree to cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place. You shall be responsible to resolve any disputes with your payment service providers or financial institutions on your own.

Without prejudice to the other provisions of these Terms of Service, SBM shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. SBM also shall not be responsible if any credit card or other information provided is incorrect or if payment instructions are not given sufficiently in advance to allow for timely payment or if payment instructions cannot be carried out for any reason beyond our control. SBM will not entertain any requests for payment errors, payment in excess and refund of payments made. SBM reserves the right, at our sole discretion, without prior notice and without liability to any person, to reject any order or purchase without assigning any reason.

  1. Privacy Policy

Your privacy is very important to us. We have provided the SBM Privacy Policy, which can be found at https://www.sbmtech.ai/privacy-policy, to explain our privacy practices. Please review the Privacy Policy to understand how SBM collects, uses and discloses information collected and received from you.

Our Services may, from time to time, contain links to external sites or resources which are operated by third parties. We have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.

  1. Disclaimers

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and secretion.

SBM does not represent or warrant that: (a) The use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) The Services will meet your requirements or expectation; (c) Errors or defects in the Services will be corrected; and (d) The Services and our servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). SBM is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from SBM or from the Services shall create any representation, warranty, or guarantee. Furthermore, you acknowledge that SBM has no obligation to support or maintain the Services.

SBM disclaims all liability or responsibility in relation to the content made available through the Services, including without limitation the Content uploaded by users or the third-party content and services. SBM is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.

SBM does not warrant the security, confidentiality, authenticity or integrity of any communications and data transmissions over the Internet as such risks cannot be eliminated from communications and data transmissions over the Internet. SBM further does not warrant that any communications via this Website or App will be transmitted accurately, reliably, in a timely manner or at all. Accordingly, the transmission of any communication or data over the Internet, whether through this Website or App or otherwise, shall be solely at your own risk.

You are solely responsible for obtaining at your own expense the Internet connectivity, telecommunication links, computing hardware and software necessary for access to and use of this Website or App. SBM shall not be liable for any telecommunications or other costs or expenses that you may incur to use and access this Website or App, nor shall SBM be responsible for your use of incompatible or unauthorized device or software.

SBM does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that SBM and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

  1. Limitation of Liability

In no event shall the developer, operator and owner of SBM entities, or their subsidiaries, affiliates, directors, shareholders, employees, contractors, partners, suppliers, attorneys, advisors, agents or licensors be liable for any indirect, incidental, consequential, special or exemplary losses or damages arising out of or in connection with your access or use of or inability to access or use the Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meeting with other users or persons through the Services, whether or not the damages were foreseeable and whether or not SBM was advised of the possibility of such damages. Without limiting the generality of the foregoing, SBM aggregate liability to you (whether under contract, tort, statute, or otherwise) shall not exceed the amount of Singapore Dollars One Only (S$1.00). The foregoing limitation will apply even if the above stated remedy fails of its essential purpose.

  1. Indemnification

If anyone brings a claim (“Third-Party Claim”) against SBM entities, or their subsidiaries, affiliates, directors, shareholders, employees, contractors, partners, suppliers, attorneys, advisors, agents or licensors related to your actions, information, or content on SBM, or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the SBM Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim.

  1. Force Majeure

SBM shall not be liable for any failure to perform any obligations under these Terms of Service if such failure results from causes beyond its reasonable control, including without limitation acts of God, civil or military authority, civil disturbance, wars, strikes, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, riot, failure of any telecommunications or computer system, requirement of any applicable law, accident (or by any damage caused by any of such events).

  1. Amendment Of These Terms of Service

SBM reserves the right to change or modify these Terms at any time. If we change the Terms, we will post the revised version here and change the “Effective Date” listed. We encourage you to check here periodically for the most up-to-date version of these Terms. Your continued use of our Services constitutes your acceptance of the updated Terms of Service. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.

  1. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore. You hereby agrees that all claims and disputes relating to or arising from these Terms, including without limitation any question regarding the existing, validity or termination of the any agreement between you and SBM entities, shall be resolved in the following manner: (a) by referring such dispute to the Small Claims Tribunal, fi the dispute falls within the jurisdiction of the Small Claims Tribunal; or (b) by jointly referring such dispute to and finally resolving such dispute by arbitration at the Singapore International Arbitration Centre.

  1. Miscellaneous

Independent Entities. You and SBM entities are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect. Except as provided herein, any failure by SBM to exercise a right or require performance of an obligation in these Terms shall not affect SBM ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

Assignment. You shall not assign or transfer any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. We hope you will continue using our Services, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified of the assignment.

User Agreement. Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding SBM and our Services and supersede any prior agreements.

Overseas Use. Our Services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.

Feedbacks. We always appreciate your feedback or other suggestions about SBM and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.

  1. Contact Information

Any official notice to be given under these Terms to SBM shall be in writing and sent to SBM Customer Care, 2 Venture Drive, #07-27, Singapore 608526, unless otherwise notified by SBM. If you have any questions, comments, or complaints, you may contact our customer support: customercare@sbmtech.ai.