These Terms of Service (“Terms”) set forth the conditions for the use of the websites, applications, and services (collectively, the “Service”) provided by NeXcale Pte. Ltd. and its affiliates (“Company”).

By using the Service, you agree to be bound by these Terms.

[1] Acceptance of Terms

• By accessing or using the Service, you are deemed to have agreed to these Terms and to our Privacy Policy. Our Privacy Policy describes how we collect, use, and disclose personal data, and explains your privacy rights and the legal protections afforded to you. Please read the Privacy Policy carefully before using the Service.
• If you do not agree to these Terms, you must not use the Service (in whole or in part).
• The Service is not available to persons under the age of 18 (see Section 8 for details).

[2] Use of the Service

(1) Registration

To use the Service, you must register an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you create or use an account on behalf of a third party, you remain responsible for all use of the Service by that third party.

(2) Prohibited Activities

You must not use the Service for any unlawful or improper purpose. Examples include:

• Accessing, copying, modifying, adapting, translating, creating derivative works from, selling, distributing, disassembling, compiling, decompiling, or reverse engineering the Company’s systems, algorithms, models, content, source code, or object code, or attempting to do so.

• Infringing the intellectual property rights, privacy rights, or other legal rights of any third party.

• Using the Service for fraudulent, deceptive, or otherwise improper purposes.

(3) Third-Party Services

The Service may include software, files, products, or services provided by third parties or based on open-source components (“Third-Party Services”). Such services are subject to their own terms and conditions, and the Company is not responsible or liable for them.

(4) Accuracy of Outputs

While the Company strives to provide accurate and reliable outputs, the Service does not guarantee that all outputs are correct or complete. You agree to use outputs from the Service as reference information only and at your own judgment and risk.

(5) Use of Data

The Company may use information provided or generated by users through the Service, to the extent that it does not infringe the rights of users, for the purposes of providing, improving, and analyzing the Service, as well as developing and enhancing AI models and related functionalities.

(6) Opt-Out

Users may opt out of the use of their provided information for AI model training in accordance with the methods specified by the Company. For details, please refer to Article 4-2(3) of the Privacy Policy.

[3] Fees and Payment

• When using a paid plan, you must provide accurate payment information.

• Subscription terms renew automatically, and you will be charged on a recurring basis. You may cancel at any time through your account settings in the Service’s management console.

• Except where required by law, amounts already paid are non-refundable.

• If payment cannot be processed or confirmed, the Company may suspend provision of the Service.

[4] Suspension and Termination

The Company may suspend or terminate your access to the Service without prior notice if:

• You breach these Terms or the Privacy Policy.

• Such action is required to comply with applicable law.

• Your use of the Service may cause harm to the Company or any third party.

Upon termination, your right to use the Service (including your account) will cease immediately.

[5] Privacy and Data Protection

• The Company processes information collected from your use of the Service in accordance with its Privacy Policy.

• Where cross-border transfers of personal data occur, the Company will implement appropriate safeguards, such as Standard Contractual Clauses (SCCs), in accordance with applicable law (for details, please refer to the Data Processing Addendum (DPA), where applicable).

[6] Intellectual Property

• All content, derivative works, data, logos, trademarks, trade names, software, graphics, designs, specifications, know-how, algorithms, programs, and source and object code made available through the Service are owned by the Company or its rightful licensors. You must not reproduce, modify, adapt, distribute, publish, transmit, download, upload, or create hyperlinks to such materials without prior authorization.

• These Terms grant you only a limited right to use the Service and do not transfer any ownership or other intellectual property rights.

[7] External Links

The Service may contain links to third-party websites that are not controlled by the Company. The Company is not responsible for the content, policies, or terms of such third-party sites. You should review the terms of use and privacy policies of any third-party websites you visit.

[8] Use by Minors

The Service is intended for users who are 18 years of age or older. Users under 18 may only use the Service with the consent and under the supervision of a parent or legal guardian, and you are responsible for obtaining such consent where applicable.

[9] Representations and Warranties by Customer

You represent and warrant that:

• You have the legal authority to use the Service and to be bound by these Terms.

• If you use the Service on behalf of a third party, you have authority to bind that third party to these Terms.

• You will comply with all applicable laws, data protection regulations, and industry standards in connection with your use of the Service.

[10] Disclaimer

• The Service is provided on an “as is” and “as available” basis, and the Company makes no warranties of any kind, whether express or implied.

• The Company does not warrant that the Service will be uninterrupted, error-free, or fit for your particular purpose.

• You use the outputs and information generated by the Service at your own judgment and risk, and the Company shall not be liable for any decisions or actions taken in reliance on such outputs or information.

[11] Limitation of Liability

• The Company and its affiliates shall not be liable for any special, indirect, incidental, or consequential damages, including loss of profits, data loss, or business interruption.

• The total aggregate liability of the Company arising out of or in connection with the Service shall not exceed the greater of (i) the total amount paid by you to the Company in the 12 months preceding the event giving rise to the claim, or (ii) USD 100.

• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, or for damages caused by wilful misconduct or gross negligence, or any other liability that cannot be excluded or limited under applicable law.

[12] Indemnification

If you are a business or organization, you agree, to the extent permitted by law, to indemnify and hold harmless the Company, its affiliates, and their officers and employees from and against any claims, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or your breach of these Terms.

[13] Dispute Resolution

If you have any concerns or disputes relating to the Service, you agree to first contact the Company and attempt to resolve the matter informally in good faith.

[14] Compliance and Export Controls

• You agree not to use the Service in violation of any applicable export control or economic sanctions laws and regulations of the United States, the European Union, Japan, Singapore, or any other relevant jurisdiction.

• If you are resident in the European Union, you may benefit from mandatory provisions of the law of your country of residence.

[15] General Provisions

(1) Changes

The Company may modify or update these Terms or the Service at its reasonable discretion. Material changes will be notified at least 30 days before they take effect. Your continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms. Where a change would materially disadvantage you, you will be given clear notice and a reasonable opportunity to object or terminate before the change becomes effective.

(2) Assignment

The Company may assign its rights and obligations under these Terms in connection with a merger, acquisition, corporate restructuring, or other business transfer, without prior notice. You may not assign or transfer any of your rights or obligations under these Terms without the Company’s prior written consent.

(3) Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Singapore. The courts of the Republic of Singapore shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

If you are a consumer, nothing in these Terms limits your rights under the mandatory laws of your country of residence.

[16] Language

These Terms are prepared in both Japanese and English. In the event of any inconsistency or difference in interpretation between the two versions, the English version (Terms of Service for Business Users) shall prevail.

[17] Contact

If you have any questions about these Terms, please contact us at: Email: dpo@enerscale.co

Effective Date: 17/06/2024
Last Updated: 24/04/2026