Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using products and services that are operated by Dimension 5 PTE. LTD. (“D5,” “our”, “we” or “us”).

For purposes of these Terms, the products and services provided by D5 include D5 Render, D5 Official Website, D5 Forum, AI generates 3D model, AI generates 2D image (hereinafter referred to as “Services”); “you” and “your” means you as the user of the Services. As a user of the Services, you are granted access for your own individual use only. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including without limitation any employees, agents or contractors.

By using our Services, you agree to be bound by these Terms of Service, our Privacy Policy https://www.d5render.com/privacy-policy and any other terms and conditions that may apply. Accessing the Services, in any manner, whether automated or otherwise, constitutes use of the Services and your agreement to be bound by these Terms of Service. You are accessing the Services for the limited and exclusive purpose of reviewing these Terms of Service does not constitute “use” of the Services or agreement to be bound by these Terms of Service unless you further access or use the Services.

We reserve the right to change these Terms of Service or impose new conditions on the use of the Services, from time to time. The “Last Updated” date indicates when a change has been made. The “Effective” date indicates when these Terms officially come into effect. If we make a material change, we will post a prominent notice of the change on the home or landing page of our Services or otherwise notify you so you may choose whether to accept the change by continuing to use our Services or terminate your account. By continuing to use our Services 7 days after we post any such changes, or after we notify you of any material changes, you accept the Terms of Service, as modified. If you don’t understand or agree to these Terms of Service, please do not use the Services.

We also reserve the right to deny access to the Services to anyone who violates these Terms of Service or who, in our sole determination, interferes with the ability of others to enjoy our Services or infringes the rights of others.

1. D5id

Your Registration Obligations
You may be required to register a user account (also known as “D5id”) in order to access or use certain features of our Services. To register a D5id and access certain features of our Services, we may ask you to provide certain personal data (as defined in our Privacy Policy https://www.d5render.com/privacy-policy). For the kind of personal data we collect, the purposes of the collection, and how we use your personal data, please read our Privacy Policy https://www.d5render.com/privacy-policy. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself. Please be assured that we do not use your personal data for enhancing, reviewing, or developing our Services, including for training our large language models. Should the need arise to utilize your data for any new purpose, including model training, we commit to notifying you promptly and obtaining your explicit permission beforehand.

We reserve the right to reject or terminate any username created by you which we deem offensive or inappropriate. We may also terminate your account or access to the Services if you violate these Terms of Service or interferes with the ability of others to enjoy our Services or infringes the rights of others. You are responsible for maintaining the confidentiality of the account and the password to access the account. You may not share or disclose your account and password to any third party. You are responsible for all activities (whether by you or by others) that occur under your account. You agree to notify us immediately of any unauthorized access to your account, or any other breach of security. You agree to log out your account at the end of each session. We are not responsible for any losses or damages arising from your failure to protect your password or account information. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

2. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that your personal data or other content will be retained by us and the maximum storage space that will be allotted on our servers on your behalf. You agree that we are not responsible for the information or content provided by you or generated through your use of our Services except for the personal data subject to our Privacy Policy. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

3. Intellectual Property Rights
D5 owns and reserves all right, title and interest in the Services.
Subject to your compliance with these Terms, we grant to you a non-exclusive, non-perpetual, non-transferable, non-sublicensable, revocable license to access and use the Services for the duration of the license. You acknowledge and agree that we may terminate the license granted to you at any time for breach of these Terms or for any other reason upon a written notice to you, unless otherwise prohibited or restricted under applicable laws.

4. Conditions of Use‍
You agree to comply with the following conditions while using our Services.

You agree that you will not:
- interfere with or disrupt our Services, or servers or networks that are connected to our Services, or fail to comply with any requirements, procedures, policies or regulations of networks that are connected to our Services;
- violate any applicable local, state, national or international law or regulations;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- modify, copy, lease, lend, sell, transfer, distribute or sublicense any part of the Services, including grouping on e-commerce platforms, reselling for profits, and other acts are prohibited in any name. In such cases, D5 shall have the right to cancel the order and authorization;
- try to get around any technological measure designed to protect the Services or any technology associated with the Services;
- attempt to or assist anyone to copy, reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification), and create derivative works based on the Services;
- generate, transmit any images, models or files that:
    - infringes any intellectual property or other proprietary rights of any party;
     - is verifiably false and/or with the purpose of harming, deceiving or defrauding others;
     - is for political campaigns, or try to influence the outcome of an election.
     - is unlawful, harmful, threatening, malicious, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
     - constitutes photo-realistic or anime style pictures depicting a person that appears to be under [16] years old, especially content that exploits or abuses minors, including grooming, pedophilia, and nudity or that describes, encourages, supports or distributes any form of child sexual exploitation, abuse or material;
     - in the sole determination of D5, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose D5 or its users to any harm or liability of any type.

Misrepresentation of the source of the content or the nature of its creation is strictly prohibited, including deleting, tampering with, or concealing the identification of our labeled AI-generated content (such as prominent identifications visible on generated content and covert identifications implanted in metadata files through specific technical means).

We reserve the right to claim compensation, investigate and take appropriate action against anyone who, in our sole determination, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting them to appropriate law enforcement authorities. You agree to indemnify and hold harmless D5, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content uploaded by you or by others using your account.

5. Payment
Some components of the Services such as D5 Pro are paid features (“Subscription”). You are responsible for paying any applicable fees and taxes listed for the Subscriptions.

Billing
If you purchase any Subscription, we may invoice you for your Subscriptions, on each agreed-upon periodic renewal until you cancel. You are responsible for paying any applicable fees and taxes listed for the Subscriptions. If the payment cannot be completed, we may suspend or terminate the Subscription until the payment is received.

Cancellation
You are free to cancel the Subscription before the next automatic renewal. Payments are non-refundable for the current Subscription period, except where required by law, but you will not be charged after the current Subscription period has ended. We also reserve the right to terminate your access to the Services (see “Termination” section below).

EEA Consumer Withdrawal Right
If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting us via the details in the “Contact Us” section.
For the Subscription, you are entitled to cancel your purchase and request a refund without stating the reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant Subscription fee prorated from the date you request cancellation to the end of the relevant Subscription period you have paid for. To cancel and request a refund please contact us via the details in the “Contact Us” section.

‍Changes‍
We may change our fees from time to time. If we increase our Subscription fees, we will give you at least [14] days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the fee increase.

For more information about your rights and obligations related to Subscription, please read our D5 Pro Subscription Terms [https://www.d5render.com/subscription-rules].

6. Content

Definition
“Content” means any material, including but not limited to audio files, video files, project files, electronic documents, text, or images, that you upload and import into the Services in connection with your use of the Services. Uploading files to our Services for the purposes of usage and D5 community participation is voluntary.

Ownership
As between you and D5, you retain all rights and ownership of the Content to the fullest extent possible under applicable law, D5 does not claim any ownership rights to the Content. All rights and ownerships pertaining to materials created by you when using the Services shall remain vested with you. There are some exceptions:

- Your ownership is subject to obligations imposed by this Agreement and the rights of any third-parties;
- If you use free samples that D5 offers, you are granted a license for your individual use only, you cannot use samples and materials you create from these samples for any commercial purpose.

License
When you upload Content to the Services, you grant and will grant D5 to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, reproduce, display, upload, perform, distribute, store, modify, create derivative works from and otherwise use your Content for the purpose of operating or improving the Services. This license survives termination of this Agreement by any party, for any reason.

Responsibility
You are responsible for Content that you upload to the Services and ensure that it does not violate these Terms or any applicable laws. You represent and warrant that the Content you upload (a) are accurate and not fraudulent or deceptive; (b) do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and (c) will not cause injury to any person or entity.
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We are not responsible for the Content you or others may submit to our Services.

You understand that we have no obligation to monitor the Content you upload. However, we reserve the right at all times, in our sole discretion, to screen Content uploaded by you and to delete, and/or refuse to accept the Content that in our sole determination violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.

Without limiting the foregoing, you acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of D5, its users and the public.

7. Copyright Complaints

Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Services in a manner that constitutes copyright infringement, please inform our designated Copyright Agent by sending written notice to support@d5techs.com or 60 PAYA LEBAR ROAD #13-04 PAYA LEBAR SQUARE SINGAPORE 409051.

Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on the Services;
(3) your contact information, including your postal address, telephone number, and, if available, email address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(6) an electronic or physical signature of the copyright owner or the person authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided in the “Contact Us” section.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

In appropriate circumstances and at our sole discretion, we may also limit access to the Services and/or terminate your user account if your Content infringes the intellectual property right of another, regardless of whether the infringement is repeated.

Counter-Notification
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use and provide the content in your Content, you may send a written counter-notice containing the following information to our Copyright Agent designated above:
(1) your physical or electronic signature;
(2) an identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(3) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
(4) your contact information, including your name, postal address, telephone number, and, if available, email address;
(5) a statement that you consent to the jurisdiction of the Singapore International Arbitration Centre (“SIAC”) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue; and
(6) a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at our sole discretion.

8. Third Party Services
Under no circumstances will D5 be liable in any way for any service provided or maintained by third parties, including, but not limited to payment services, cloud services, artificial intelligence services and materials supply services. You acknowledge and agree that third party services are provided to you by applicable third-party service providers. Your use of any third-party services is at your own risk and subject to additional terms and conditions (e.g., user terms, acceptable use policies, content policies, privacy policies) published or otherwise made available by the applicable third parties.

Any links or access to such third-party sites, applications or resources do not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through our Services. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Services or on websites linked to by us through the Services.

You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any claims, fines, damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services provided by any third party. Any dealings you have with third parties while using the Services are between you and the third party, and you agree that neither we nor our parent or subsidiary companies nor any of our respective affiliates is liable for any loss or claim that you may have against any such third party. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services is directly between you and such third party, 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.

For details of third-party services or licenses, please refer to third-party license page.

9. Limitation of LiabilityUnder no circumstances, including, but not limited to, negligence, will we or our subsidiaries, parent companies or affiliates and/or their directors, employees or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use or data or other losses) that result from the use of, or the inability to use, the Services, including its materials, products, or services, or third-party materials, products, or services made available through the Services, even if we are advised beforehand of the possibility of such damages.
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Our aggregate liability under these Terms will not exceed the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose. The limitations in this section apply only to the maximum extent permitted by applicable law.
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Some countries and states do not allow the exclusion or limitation of certain categories of damages, if you reside in one of these places, the above limitation may not apply to you. In such places, our liability and the liability of our subsidiaries, parent companies and affiliates, is limited to the fullest extent permissible in your place of residence. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Services or any of terms and conditions relating to the Services, your sole and exclusive remedy is to discontinue using the Services.

10. Disclaimers and Indemnity
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Services, violation of these Terms of Service by you or any other person using your account, or your violation of applicable law and regulations or any rights of another, your fraud or other illegal acts, or your intentional misconduct or gross negligence, to the extent permitted by the applicable law. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you agree to cooperate with us to the best of your ability upon request.

If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are a resident of another jurisdiction, you waive any comparable rights, regardless of whether the rights are provided by statute or otherwise.

The Services and any third-party sites are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, satisfactory quality, non-infringement, quiet enjoyment and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Services or any of its features will be uninterrupted, accurate or error-free, that defects will be corrected, or that any part of the Services or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the Services or the content generated from the AI or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You expressly accept and agree that any use of materials generated from the AI is at your sole risk.

You acknowledge that the provisions of this section are a material inducement and consideration to us to grant the license contained in these Terms of Services and to provide you with access to the Services.

It is your responsibility to have the equipmentand/or software necessary to access the Services including the cost of maintaining the equipment and software. You acknowledge that by using the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet connectivity, and that payment of any such charges will be your sole responsibility. You agree that your use of the Services will be in accordance with all requirements of these service providers. We do not control network access. Your use of these networks may not be secure and may expose your personal data during transmission.

11. Dispute Resolution by Binding Arbitration

This section affects your rights, so please read it carefully.

Agreement to Arbitrate
This section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and D5, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and D5 are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Waiver of Class and Representative Actions and Non-Individualized Relief
You and D5 agree, to the fullest extent permitted by applicable law, that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). This does not prevent either party from participating in a class-wide settlement. You and D5 knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Pre-Arbitration Dispute Resolution
D5 is always interested in resolving disputes amicably and fairly. If you have questions or concerns about the Services, we strongly encourage you to first email us about them at support@d5techs.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notices should be sent to 60 PAYA LEBAR ROAD #13-04 PAYA LEBAR SQUARE SINGAPORE 409051. Or by email to support@d5techs.com with the subject title “NOTICE OF DISPUTE.” The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If D5 and you are unable to resolve the dispute within sixty (60) calendar days after the Notice is received, you or D5 may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount of an award, if any, to which you or D5 is entitled.

Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator administered by the SIAC in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”), as modified by this Arbitration Agreement. For information on SIAC Rules, please visit its website, https://siac.org.sg/siac-rules. If there is any inconsistency between any term of the SIAC Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent term contained in the Arbitration Agreement would result in the arbitration to be fundamentally unfair. The arbitrator is strictly bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually considered to be simpler and more streamlined than trials and other judicial proceedings, the arbitrator shall have the same authority as a judge in the judicial system in determining the number of damages and other forms of relief. Decisions made by the arbitrator are final and enforceable in a court of competent jurisdiction. An appeal of the arbitrator’s decision must be agreed by both parties in writing.

Unless D5 and you agree otherwise, any arbitration hearings will take place in SIAC. If the parties are unable to agree on a location, the determination shall be made by SIAC. If your claim is for $10,000 or less, D5 agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video conference hearing, or by an in-person hearing as established by the SIAC Rules. If your claim exceeds $10,000, the method of hearings will be determined by the SIAC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the SIAC Rules, unless otherwise provided in this Arbitration Agreement.

Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Waiver of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Waiver of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement
‍Notwithstanding any provision in this Terms of Service to the contrary, D5 agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending D5 a written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree that you are bound by the Arbitration Agreement that was in effect immediately prior to the proposed change.

EEA Consumer Alternative Dispute Resolution

‍If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission’s Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr.

12. Right to Modify or Discontinue Services
‍We reserve the right to modify, update or discontinue the Services, or any part of them, at any time, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

13. Termination
‍You may terminate your use of the Services at any time. You agree that D5, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if D5 believes, in good faith, that you have violated or acted contrary to the letters or spirit of these Terms, or if we must do so to comply with the law. You agree that any termination of your access to the Services under any provision of these Terms may be affected without prior notice. Termination of your account or access to any component of the Services will not terminate D5’s rights to your Content. Further, you agree that D5 will not be liable for any damages to you or any third party as a result of such termination.

If we terminate your access to the Services due to a violation of these Terms and you have a Subscription, you will not be entitled to any refund. In addition, if you have a Subscription, we may terminate the Subscription immediately at any time for any other reason. If we exercise this right, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your Subscription after termination.

14. Miscellaneous

‍Minimum Age
‍You must be at least 16 years old or the minimum age required in your country to consent to use the Services. If you are under 16 you must have your parent or legal guardian’s permission to use the Services.

‍Assignment
‍This agreement is personal to you and may not be assigned to any third party. These Terms of Service are not intended to benefit any third party, and do not create any third-party rights. Accordingly, these Terms of Service may only be invoked or enforced by you or us.

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Force Majeure
‍Neither party will be liable for failure, obstacles, defects, delay or changes in performance to the extent caused by circumstances beyond its reasonable control, including:
(i) acts of God, natural disasters, governmental actions, judicial and administrative orders, terrorism, riots, or war;
(ii) maintenance of hardware or software related to the Services, or malfunctions due to various factors;
(iii) failures due to public service or third parties, such as power supply failures, communication network failures.

Entire Agreement
‍These Terms constitute the entire agreement between you and D5 and govern your use of our Services, superseding any prior agreements between you and D5 with respect to the Services.

‍Applicable Law and Jurisdiction
‍These Terms are governed by the laws of the country where D5 is located without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you and D5 agree to submit to the personal and exclusive jurisdiction of the people’s court where D5 is located.

Severability
‍If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The other provisions of these Terms remain in full force and effect.

‍Delay in Enforcing These Terms
‍Any failure of D5 to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
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Trade Controls
You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to any U.S. embargoed country or territory, or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists, under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Content may not include material or information that requires a government license for release or export.

EEA Consumer Guarantee
‍If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Services. If you have any questions about your legal guarantee, please contact us via the details in the “Contact Us” section.

15. Contact Us
‍If you have any questions about these Terms, please send an email to support@d5techs.com or by writing to 60 PAYA LEBAR ROAD #13-04 PAYA LEBAR SQUARE SINGAPORE 409051.
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