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Terms & Conditions

WEBSITE TERMS & CONDITIONS OF USE

Last updated: 07 March 2025


Welcome to the website (collectively, “our sites”) of Arkipelago Analytics (“we,” “us,” “our”). These Terms and Conditions of Use (these “Terms”) set out the rules that govern your use of our sites and form a legally binding agreement between you and Arkipelago Analytics. By accessing or using our sites, you acknowledge that you accept and agree to comply with these Terms. If you do not agree to these Terms, please stop using our sites immediately.


  1. WHO WE ARE AND HOW TO CONTACT US


This site is owned and operated by Arkipelago Analytics, a Philippine-based data science company. Our Data Controller is NightOwl AI Ltd, a company based in London, United Kingdom. If you have any questions or concerns about these Terms, or wish to contact us for any other reason, please do so by using the contact details provided on our website.


  1. BY USING OUR SITE YOU ACCEPT THESE TERMS


2.1. Acceptance of Terms

By using our sites, you confirm that you accept these Terms and agree to comply with them at all times while using our sites. If you do not agree to these Terms, you must not use our sites.


2.2. Other Terms That May Apply

These Terms refer to our [Privacy & Cookies Notice] (the “Privacy Notice”) that may also apply to your use of our sites. If you purchase products or services through our sites, the applicable sales terms available at the point of purchase will apply to your transaction.


  1. HOW YOU MAY USE CONTENT ON OUR SITES


3.1. Ownership of Intellectual Property

We (or our licensors, business partners, and affiliates) are the owners or licensees of all intellectual property rights in our sites, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos, and other materials (collectively, “Materials”). All such rights are protected by copyright, trademark, patent, database rights, and other intellectual property laws and treaties worldwide. All such rights are reserved.


3.2. Public Data License

Your use of certain data made publicly available on our sites is governed by a separate Public Data License. By using any public data, you agree to the terms and conditions of that license, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Public Data License regarding the use of public data, the Public Data License shall prevail.


  1. INFORMATION PROVIDED BY YOU


4.1. No Confidential Information

You must not provide any confidential or proprietary information to us through our sites. Any information provided by you, including but not limited to questions, comments, or suggestions, is deemed non-confidential and becomes our property once submitted.


4.2. License to Use Submissions

By submitting any information or materials to our sites, you grant us an unrestricted, irrevocable license to use, reproduce, display, modify, and distribute such information for any purpose.


4.3. User Responsibility

You are solely responsible for any material or information posted, published, or otherwise made available on our sites by you. We expressly disclaim any and all responsibility, liability, or accountability for user-generated content. Any views or content posted by third parties on our sites do not constitute an endorsement by us.


  1. UNAUTHORISED USE


5.1. Prohibited Conduct

You may not use our sites to:


  • Breach any applicable local, national, or international law or regulation.

  • Transmit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, or hateful content.

  • Post or submit unsolicited advertising, promotional materials, or spam.

  • Stalk, bully, or harass any user or visitor.

  • Engage in any other improper or immoral purpose.


5.2. Other Restrictions

You may not:


  • Modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, or distribute our content and Materials except in accordance with the Public Data License.

  • Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of our sites.

  • Remove any proprietary notices from our sites or the Materials.

  • Use our sites in any manner that may damage, impair, or compromise the functionality or security of our sites (including introducing viruses or other malicious code).

  • Systematically scrape, crawl, harvest, or otherwise gather any data or content from our sites by electronic means to create or compile a collection, database, or directory without our express written permission.


  1. ACCURACY OF CONTENT


6.1. General Information

The content on our sites is provided for general information only. Although we strive to keep information up to date, we make no representations, warranties, or guarantees that the content is accurate, complete, or current. All information is provided on an “as-is” basis.


6.2. No Guarantee of Outcomes

We do not promise or guarantee that the content on our sites will meet your specific requirements or produce any particular results. We disclaim any liability arising from your use or interpretation of the content or data found on our sites.


  1. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO


Any links to third-party websites or resources provided on our sites are for your convenience and informational purposes only. These links should not be interpreted as an endorsement or approval by Arkipelago Analytics. We have no control over the content of such sites or resources and are not liable for any loss or damage arising from your use of them.


  1. CHANGES TO THESE TERMS


We may update or amend these Terms from time to time without prior notice. Whenever you wish to use our sites, please check the current version of these Terms to ensure you understand the terms that apply at that time. Your continued use of our sites following any changes signifies your acceptance of the updated Terms.


  1. CHANGES TO OUR SITES


9.1. Updates and Revisions

We may update and change our sites (or any part of them) from time to time to reflect changes to our products, services, user needs, or business priorities.


9.2. Suspension or Withdrawal

Our sites are made available free of charge. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our sites for business, operational, or other reasons without notice or liability. If possible, we will attempt to give reasonable notice before taking such action.


  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU


10.1. Non-Excludable Rights

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.


10.2. No Other Warranties

We exclude all express or implied warranties, representations, or other terms that may apply to our sites or their content, including accuracy, non-infringement, merchantability, or fitness for a particular purpose, to the fullest extent permissible by law.


10.3. Limitations of Liability

Other than liabilities we cannot limit or exclude by law, we will not be liable for:


  • Loss of profits, sales, business, or revenue;

  • Business interruption;

  • Loss of anticipated savings;

  • Loss of business opportunity, goodwill, or reputation; or

  • Any indirect or consequential loss or damage.


10.4. Third-Party Acts

We disclaim liability for acts, omissions, or conduct of any third parties connected with your use of the site or our products or services. Your sole remedy for dissatisfaction with our sites or their content is to cease using them.


10.5. Indemnification

You agree to indemnify and defend Arkipelago Analytics (including its officers, employees, agents, and affiliates) against all claims arising out of or based on (i) your non-compliance with these Terms or (ii) your decision to link our sites to any third-party website without permission, or in a way that contravenes these Terms.


  1. HOW WE MAY USE YOUR PERSONAL INFORMATION


We will only use your personal information as set out in our [Privacy & Cookies Notice]. By using our sites or providing information to us, you acknowledge that you have read and understood our Privacy & Cookies Notice.


  1. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM


12.1. No Guarantee

We do not guarantee that our sites, or any content on them, will be secure or free from bugs or viruses.


12.2. Your Responsibility

You are responsible for configuring your information technology, computer programs, and platform to access our sites. You should use your own virus protection software.


12.3. Prohibited Misuse

You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material. You must not attempt to gain unauthorised access to our sites, the servers on which our sites are stored, or any server, computer, or database connected to our sites. Any such act may constitute a criminal offense under applicable laws, and we will report any such breach to the relevant law enforcement authorities.


  1. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?


13.1. Consumer Users

If you are a consumer, these Terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by the laws of the Republic of the Philippines, or as otherwise required by mandatory local laws. You and we both agree that the courts of the Republic of the Philippines will have exclusive jurisdiction unless local law in your jurisdiction mandates otherwise.


13.2. Business Users

If you are a business user, these Terms (and any non-contractual disputes or claims arising out of or in connection with them) are governed by the laws of the Republic of the Philippines. You and we both agree to the exclusive jurisdiction of the courts located in the Republic of the Philippines.


If applicable local law prevents certain disputes from being resolved in Philippine courts or prevents Philippine law from applying, then local laws may govern those disputes in the relevant local courts.


  1. OUR TRADEMARKS


You are not permitted to use any trade mark or service mark owned or used by Arkipelago Analytics (or our affiliates) without our prior written approval, unless they are included within Materials you are permitted to use under Section 3 (How You May Use Content on Our Sites) or the Public Data License.


  1. MISCELLANEOUS


15.1. Severability

If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions.


15.2. Entire Agreement

These Terms constitute the entire agreement between you and Arkipelago Analytics regarding your use of our sites and supersede any prior agreements or understandings relating to the same subject matter.


15.3. No Waiver

No failure or delay by us in exercising any right under these Terms shall constitute a waiver of that right.


15.4. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms.


15.5. Contact Us

If you have any questions, concerns, or comments about these Terms, please contact us via the methods provided on our website.


Thank you for taking the time to read these Terms. By continuing to use our sites, you confirm that you have read, understood, and agreed to these Terms in their entirety.


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