Last Updated: 1st March 2022
Upon registering for an account with an email address of your own, or provisioned by your company, or organization, you are an authorized end-user and must use the Services in compliance with these Terms. Through the use of databolt.ai, you expressly agree to these Terms. When you upload and/or submit digital files, any form of data, and/or machine learning models (“Customer Materials”) to databolt.ai or otherwise provide to databolt to facilitate databolt’s provision of services, you acknowledge and agree that the Customer Materials are owned by you.
The User agrees that it is solely the User’s responsibility to (a) understand and keep informed of any obligations or restrictions required to use databolt.ai, (b) obtain any rights, permission, or consents that are necessary for the lawful use of Customer Materials and the operation of Services as provided by databolt.ai, (c) ensure that the transfer and processing of Customer Materials is lawful, and (d) respond to and resolve any dispute relating to the services, Customer Materials, or failure to fulfill these or any other reasonable obligations.
Subject to your complete and ongoing compliance with these Terms, databolt.ai hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide right to access and use the platform, solely with supported browsers through the Internet for purposes authorized by us. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use of databolt.ai and it’s relevant services.
All rights not expressly granted to you are reserved by databolt.ai and/or Supahands and its licensors. You further acknowledge and agree that, as between you, and Supahands, Supahands owns all right, title, and interest in and to the Supahands Technology, including databolt.ai and all intellectual property rights therein. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Supahands Technology are protected by intellectual property and other laws.
You may not permit the Services to be used by or for the benefit of unauthorized third parties. You may not (i) modify or make derivative works based upon the services rendered to you through databolt.ai; (ii) reverse engineer the databolt.ai platform or access the databolt.ai platform in order to (a) build a competitive product or service, or (b) build a product using similar features, functions, or graphics of the databolt.ai platform, or (c) copy any features, functions, or graphics of the databolt.ai platform.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the databolt.ai platform (“Feedback”), then you hereby grant Supahands an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the databolt.ai platform and create other products and services.
Supahands may disclose business or technical information to you under this Agreement which is confidential, including Supahands Technology (“Confidential Information”). Any User will use reasonable care (a) not to use the Confidential Information for any purpose not permitted under these Terms, and (b) except as permitted by Supahands, not disclose the Confidential Information to any third party. Confidential Information will not include any information that (i) is or becomes public through no fault of User, (ii) was known to User prior to receipt, (iii) is obtained by User from a third party not under an obligation of confidentiality, and (iv) is independently developed by User without use of the Confidential Information.
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of the Third Party Components under those third party licenses. The Service may also contain links to third party websites. Such linked websites are not under Supahands’s control, and Supahands is not responsible for their content.
These Terms are effective when you accept these Terms or first access or use the Service, and cease to be in effect when your subscription expires, terminates , or your access to the Services is terminated as described below (the “Term”). If you violate any provision of these Terms, your authorization to access the databolt.ai platform and these Terms automatically terminate. In addition, Supahands may, at its sole discretion, terminate these Terms or your account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting [email protected]. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service, and (b) you will no longer be authorized to access your account of the databolt.ai platform. Sections 5, 6, 7,8, 11, 12, 13, 14, 16 and 17 will survive.
The databolt.ai platform, service and all materials and content on and available through the service are provided “as is” and on an “as available” basis. Supahands makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, and any warranty arising out of course of dealing, usage, or trade. Supahands does not warrant that the databolt.ai platform or any portion of the databolt.ai platform, or any materials or content offered through the databolt.ai platform, are accurate, complete, or current, or will be uninterrupted, secure, or free of errors, viruses, or other harmful components; and Supahands does not warrant that any of those issues will be corrected. Supahands may make changes to the Services at any time without notice, including by limiting or discontinuing certain features of the Services. Supahands does not, however, make any commitment to update the Services. Supahands will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
The limitations, exclusions, and disclaims in this section apply to the fullest extent permitted by law. Supahands does not disclaim any warranty or other right that Supahands is prohibited from disclaiming under applicable law.
User will indemnify, defend, and hold harmless Supahands from and against all damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from a third-party claim arising out of or related to User’s use of databolt.ai.
To the fullest extent permitted by law, in no event will you or Supahands be liable to the other for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services or the materials on the services, even if notified orally or in writing of the possibility of such damage. to the fullest extent permitted by law, the aggregate liability of Supahands to you for all claims arising out of or relating to the use of or inability to use any portion of the service or otherwise under this agreement, whether in contract, tort, or otherwise, is limited to $100. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 14 will apply even if any limited remedy fails of its essential purpose.
Supahands may revise these Terms at any time without notice; provided that, if we make any material changes to these Terms, we will use commercially reasonable efforts to notify you. By continuing to use databolt.ai, you are agreeing to be bound by the current version of these Terms.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, which cannot be settled by negotiation between the parties shall be decided by arbitration at the Asian International Arbitration Centre (AIAC) in accordance with the AIAC Fast Track Arbitration Rules (formerly known as the Kuala Lumpur Regional Centre for Arbitration Fast Track Arbitration Rules) then in effect. The language of the arbitration shall be English. All costs of the arbitration shall be borne by the party against whom the award is made and judgment on the arbitrator’s award may be entered or registered in any court of law having jurisdiction. The awards and findings of which will be final and binding on the parties.
These Terms, including any terms incorporated by reference into these Terms, constitute the entire agreement between you and us, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any pages referenced in these Terms, the terms of these Terms will first prevail. Customers will be responsible for notifying Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.
The Services are offered by Supahands Dotcom Sdn Bhd (1076013-K). You may contact us by emailing us at [email protected].
a) “Background Intellectual Property” means proprietary methodologies, tools, models, software, documentation, know-how, trade secrets, inventions, or works of authorship conceived or developed by Supahands or its licensors (a) prior to rendering any services by databolt.ai under these, (b) independent of these Terms, and (c) in connection with the services rendered by databolt.ai, but that are not Output or derivatives of Customer Materials or Output.
b) “Documentation” means any Supahands-provided written documentation and policies available at https://docs.databolt.ai/docs.
c) “Effective Date” means the date User first accepted these Terms.
d) “ML Output” means the fields returned by a Supahands machine learning model as defined in an Order Form or within the User's account.
e) “Output” means the annotations and labels based upon the Customer Materials that are returned to Customer or User, including through COCO Json format, and ML Output.
f) “Supahands Data” means usage data, statistics, aggregated and anonymized data, and de-identified data derived from User’s use of the databolt.ai platform or services rendered by the platform.
g) “Supahands Technology” means Supahands's products and services, including the databolt.ai, Services and the Software Platform, Supahands Data, Background Intellectual Property, Documentation, and Supahands's trademarks, logos, and other brand features.
h) “Services” means the databolt.ai platform, product and services, including the products and services ordered by the User, including annotation and labeling tasks and services, the Software Platform, and ML Model Services.
i) “Software Platform” means the databolt.ai websites, software products, and software tools provided by Supahands and used by User in accordance with these Terms.
If you are a corporate entity/an organisation, references to the term “you” and “your” shall also include your directors, officers, employees, representatives, and agents.
The PDPA requires us to inform you of your rights in respect of your personal data that is being processed or that is to be collected and further processed by us and the purposes for the data processing. The PDPA also requires us to obtain your consent to the processing of your personal data. In light of the PDPA, we are committed to protecting and safeguarding your personal data.
The term “personal data” means any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or are identifiable from that and other information in our possession such as name, address, telephone number, identity number, date of birth, email address, bank account details, Internet Protocol (IP) address, etc. The types of personal data collected depend on the purpose of collection. We may “process” your personal data by way of collecting, recording, holding, storing, using and/or disclosing it.
Your personal data may be collected from you during your course of dealings with us in any way or manner including pursuant to your registration of account at our Platforms, any transactions and/or communications made from/with us or shared with us through our dealings with our clients, business partners and affiliates. We may also collect your personal data from a variety of sources, including without limitation, at any meetings, events, seminars, conferences, talks and/or from publicly available sources.
In addition, we may also receive, store and process your personal data which are provided or made available by any third parties, credit reference bodies, regulatory and law enforcement authorities, for reasons including delivery of our products and/or services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.
The personal data as provided/furnished by you to us or collected by us from you or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the “Purposes”):
- to assess, process and provide products and services to you or our clients, business partners or affiliates, including performance of tasks by our Annotators;
- to facilitate, process, deal with, administer, manage and/or maintain your relationship with us;
- to consider and/or process your communication/application/transaction with us or our affiliated business partners;
- to respond to your enquiries or complaints or resolve any issues and disputes which may arise in connection with any dealings with us;
- to administer and process any payments related to products or services requested by you;
- to facilitate your participation in, and our administration of, any events including meetings, promotions or campaigns;
- to carry out due diligence or other monitoring or screening activities (including background checks) in accordance with legal or regulatory obligations or risk management procedures that may be required by law or that may have been put in place by us;
- to provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organised by us and selected third parties which may be of interest to you from time to time by SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels;
- to send you seasonal greetings messages, gifts, newsletters from time to time;
- to process and analyse your personal data either individually or collectively with other individuals;
- to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to our products and/or services;
- to share any of your personal data with the auditor for our internal audit and reporting purposes;
- to share any of your personal data pursuant to any agreement or document which you have duly entered with us for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action;
- to share any of your personal data with a third party necessary for the preparation of legal documents or contract to be entered by you;
- to share any of your personal data with our business partners to jointly develop products and/or services;
- to share any of your personal data with financial institutions or investment firms necessary for the purpose of applying and obtaining loan or credit facility(ies) or investment fund respectively, if necessary;
- to communicate with you and to maintain and improve business and customer relationship;
- to detect, investigate and prevent any fraudulent, prohibited or illegal activity or omission or misconduct;
- to enable us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
- to transfer or assign our rights, interests and obligations under any agreements entered into with us;
- to meet any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us;
- to comply with or as required by any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory bodies or other similar authorities;
- to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable;
- laws, legislation and regulations;
- for internal administrative purposes;
- for audit, risk management and security purposes;
- for registration for a user account with us;
- for our storage, hosting back-up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Malaysia; and/or
for other purposes required to operate, maintain and better manage our business and your relationship with us,
We may also use and process your personal data for the following marketing and promotional purposes (“Marketing and Promotional Purposes”):
- to send you information, alerts, newsletters, updates, promotional materials, special privileges announcements on products, services, upcoming events, activities, promotions, campaigns, or surveys offered/organized by us and/or our selected third parties (business/marketing partners, sponsors, advertisers) which may be of interest to you; and
- to share your personal data within our organization and our selected third parties (business/marketing partners, sponsors, advertisers) who may communicate with you to market their products, services, events or promotions,
from time to time by SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels. You have the right at any time to request us to stop sending you any marketing and promotional materials or contacting you for Marketing and Promotional Purposes. You may also click on the “Unsubscribe” link embedded in the relevant marketing and promotional email in order not to receive any marketing and promotional email in the future. If you unsubscribe, we may still send you non-marketing and promotional communications, such as those about your Account, about the Platforms and/or Services or our ongoing business relations.
We may also be collecting from sources other than yourself, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes.
- provide you with the products or services you requested, either to the same standard, or at all;
- provide you with information about products and services that you may want;
- tailor the content of the Platform to your preferences and your experience of the Platform may not be as enjoyable or useful;
- complete commercial transactions in relation to our Services; or
- comply with any applicable law, regulation, direction, court order, by laws, guidelines and/or codes applicable to us.
You agree that we shall not be held liable for any consequences arising for not providing us with such mandatory personal data.
We will not sell, rent, transfer or disclose any of your personal data to any third party without your consent. However, we may disclose your personal data to the following third parties, for one or more of the above Purposes:
- the Company’s group of companies including the Company’s subsidiaries, related and/or associated companies;
- your immediate family members and/or emergency contact person as may be notified to us from time to time; successors in title to us;
- any person under a duty of confidentiality to which has undertaken to keep your personal data confidential which we have engaged to discharge our obligations to you;
- any party in relation to legal proceedings or prospective legal proceedings;
- our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business on a strictly confidential basis, appointed by us to provide services to us;
- any party nominated or appointed by us either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where we have a legitimate common interest;
- data centres and/or servers located within or outside Malaysia for data storage purposes;
- storage facility and records management service providers;
- payment channels including but not limited to banks and financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to us in connection with your procurement of our products and/or services;
- government agencies, law enforcement agencies, courts, tribunals, regulatory/professional bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
- our business partners, third party product and/or service providers, suppliers, vendors, distributors, contractors or agents, on a need to know basis, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business;
- if you are our Client, your personal data may be disclosed to our Annotators involved in the products and/or services provided to you, on a need to know basis. If you are a Annotator, your personal data may also be disclosed to our Client, on a need to know basis;
- financial institutions or investment firms for the purpose of applying and obtaining loan or credit facility(ies) or investment fund, if necessary;
- financial institutions, merchants and credit card organisations in connection with your commercial transactions with us;
- the general public when you become a winner in a contest, participate in our events, conferences, talks and seminars by publishing your name, photographs and other personal data without compensation for advertising and publicity purposes;
- any third party (and its advisers/representatives) in connection with any proposed or actual reorganization, merger, sale, consolidation, acquisition, joint venture, assignment, transfer, funding exercise or asset sale relating to any portion of the Company. If we or our business is acquired by another entity or merged with another entity or there is a proposed acquisition or merger, your personal data may be transferred to such entity as part of the proposed or actual merger or acquisition; and/or
- any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out in the Purposes or as instructed by you.
We take it that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data.
To the extent that the applicable law allows, you have the right to request for access to, request for a copy of, request to update or correct, your personal data held by us. We may charge a small fee (such amount as permitted by the PDPA) to cover the administration costs involved in processing your request to access your personal data. Notwithstanding the foregoing, we reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data.
You have the right at any time to request us to limit the processing and use of your personal data (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).
In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be effected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us or the contract that you have with us will have to be terminated.
Any of your personal data provided to us is retained for as long as the purposes for which the personal data was collected continues; your personal data is then destroyed or anonymised from our records and system in accordance with our retention policy in the event your personal data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax or accounting requirements.
We are committed to ensuring that your personal data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, we endeavour, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorised or unlawful processing of your personal data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your personal data.
The Internet is not a secure medium. However, we will put in place reasonable security procedures with regard to the Platforms and your electronic communications with us. All our employees and data processors, who have access to, and are associated with the processing of your personal data, are obliged to respect the confidentiality of your personal data.
Please be aware that communications over the Internet, such as emails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the world wide web/internet.
We cannot and do not accept responsibility for any unauthorised access or interception or loss of personal data that is beyond our reasonable control.
Our information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. This may include, but not limited to, instances where your personal data may be stored on servers located outside of Malaysia. In addition, your personal data may be disclosed or transferred to entities located outside of Malaysia (including that of our clients, business partners, and affiliates) or where you access the Platforms from countries outside Malaysia. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia. You hereby expressly consent to us transferring your personal data outside of Malaysia for such purposes. We shall reasonably endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your personal data other than for that part of the Purposes and to adequately protect the confidentiality and privacy of your personal data.
- You acknowledge that the provision of your personal data to us over the Internet is entirely at your own risk.
- We may automatically receive, record and store location services information from your computer or mobile device when you interact with us. You hereby consent to our use of anonymized location services information collected from you. Where the location services information is personally identifiable, we will give you the options to manage your disclosure of this information. Depending on the functionalities available on your computer or mobile device, you may benefit from advanced options to manage the location services information. A computer or mobile device may report its GPS location at the time you interact with us if the location services settings are enabled. Such information is not identified as personal data, except where we are required to do otherwise under applicable law.
The Personal Data Protection Officer
bolt c/o SUPAHANDS DOTCOM SDN BHD
3A-12, Tower B, The Vertical Business Suites, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur Malaysia
Email: [email protected]
Contact No.: +603 2713 6946
Last reviewed on 1 March 2022
This bolt’s Acceptable Use Policy (“Use Policy”) applies to all users of the Services. Any terms not defined in this Use Policy will have the meaning set forth in the terms and service agreement (or similarly named agreement) between the Customer and bolt. In accordance with this Use Policy, the Customer agrees not to (or allow any third party to) misuse or attempt to misuse the Services, including by:
- breaching or circumventing any security or authentication measures;
- interfering with or disrupting any part of the Services;
- submitting excessively frequent requests via the API;
- submitting or distributing viruses, worms, Trojan horses, corrupted files or other destructive content;
- using any robot, spider, scraper, or other unauthorized automated means to access the Services;
- infringing the intellectual property, privacy, or publicity rights of third parties, including by submitting, publishing, accessing or sharing content without authorization; or violating the law in any way.
Last Updated: 1st March 2022
Updated almost 2 years ago