Terms of Service.
Version 2.0 (25 April 2023)
Scope and application
1.1. By registering to use Six Atomic (sixatomic.com) (herein collectively referred to as “Website”) you hereby agree to this Service Agreement. You—the party registering to use the Website (“You”)—are entering into a legally binding agreement (the “Agreement”) with us, Six Atomic Pte Ltd (“Company”), the owners and operators of the Website.
1.2. YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. This Agreement applies to Your use of the Website and all of Your purchases of our services (collectively, “Services”) on our Website effective the day you registered ("Effective Date").
1.3. The Services include the generation and electronic delivery of patterns requested by, or through You, which will be provided for the term of this Agreement in accordance with this Agreement.
Billing and cancellation
2.1. By registering through this Agreement (the “Registration”), You authorise the Company to charge You for the Services:
a) You will be billed by the Company one month in advance on a recurring basis (the “Term”) based on the subscription package You selected ("Pattern Fee"). The first billing cycle will start on the Effective Date.
b) You will be billed by the Company on an as-needed basis for any consulting Services requested and approved by You ("Consulting Fee").
2.2. You authorise the Company to charge You the Pattern Fee and Consulting Fee (collectively "Price") starting on the Effective Date through to the Termination Date (as defined below).
2.3. If Your Price cannot be processed or made in a timely fashion, the Company may suspend or terminate this Agreement and Your account.
2.4. You authorise Company and its third-party billing-services provider to initiate debit/credit entries to the bank deposit account or credit card You provided, for the cost of the Service requested by You. This authority is to remain in full force and effect until the Termination Date (as defined below).
2.5. For purchases by You of stored value such as credit (the “Credit") to be used within the Services, any such Credit will expire 12 months from the date of purchase of Credit.
2.6. Termination
a) You may cancel at any time by providing 30 days notice to the Company via email or our support system (such date, 30 days after provision of the relevant notice, the “Termination Date”).
b) The Company will be developing and improving the site on an on-going basis. If any of these changes are unacceptable to You, Your sole remedy, assuming You and the Company cannot agree on a mutually agreeable solution, is to terminate the Agreement in accordance with this Section 2.6.
c) The Price is not refundable and shall not be pro-rated if You terminate your account.
d) You agree not to attempt to obtain a “charge back” from Your credit/debit card issuer for any disputed amount unless You have given the Company 2 days advanced written notice.
e) While this Agreement is active, You will have access to all purchased patterns generated during the term of the Agreement.
2.7. If You pay by credit card or demand debit, You hereby make the following statement: “I hereby authorise Company and its third-party billing-services provider to initiate debit/credit entries to my bank deposit account or credit card in the amount of the monthly outstanding invoices and/or billings due as per this Agreement.”
2.8 Data Retention and File Expiration
a) Pattern Profiles and Exported Files Expiration: In an effort to optimize server storage and maintain efficiency of service, the Company implements an automatic deletion policy for generated pattern profiles and exported files. Specifically, generated pattern profiles in .json format will be retained for a period of 180 days, and exported files in formats such as .dxf and .plt will be retained for 7 days. Upon reaching their respective expiration dates, these files will be automatically deleted from our servers.
b) Re-generation of Expired Patterns: It is important to note that while pattern profiles and exported files are subject to expiration and deletion, the underlying products and configurations will not be deleted. This allows You, the user, to re-generate expired patterns without needing to redo the setup process. Please be aware that re-generating expired patterns will consume a portion of your service quota.
c) Extended Storage Options: Understanding that different clients may have varying needs for storage duration, the Company offers options for extended or custom storage lengths beyond the default expiration dates. This service is available for an additional fee, which will be determined based on the cost associated with the required server storage space.
d) Acknowledgment of Policy: By continuing to use the Services provided by the Company, You acknowledge and agree to the aforementioned data retention and file expiration policies. It is Your responsibility to ensure that necessary files are backed up or downloaded prior to expiration, should You require long-term access.
2.9. You expressly agree to submit any and all concerns regarding Services, the content of the Website, or Prices in writing via email to contact@sixatomic.com. Company, in its sole discretion, shall assess the issues You raise and determine how to respond.
Terms of Agreement
3.1. While the Company shall make every effort to ensure that the information appearing on the Website is accurate, the Company makes no guarantee regarding the accuracy, timeliness, or usefulness of such information.
3.2. Subject to Your compliance with this Agreement, the Company grants You a limited license to access and use the Website. You may not download or modify the Website, or any portion of it, except with express written consent of the Company. This license does not include any resale, sublicense, or similar transfer of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Website nor any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under this Agreement. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You may not use any meta tags or any other “hidden text” utilising Company’s name or trademarks without the express written consent of Company. Any unauthorised use by You will enable the Company to terminate the permission or license granted by Company. You may not use any Company logo or other proprietary graphic or trademark as part of a link to the Company’s Website without the Company’s express prior written permission. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or another member’s use of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.
3.3. You agree to adhere to the standards and procedures set out in the Company’s Client Handbook.
3.4. The Company reserves the right, in its sole discretion and acting reasonably, to refuse service, terminate the Agreement, terminate accounts, cancel orders or disqualify You for Your violations of the terms of this Agreement.
Your Representations
4.1. You confirm that:
a) The information provided by You when registering is up-to-date, and materially accurate;
b) You are responsible for maintaining and promptly updating Your account information with Company for accuracy and completeness and keeping such information (and any passwords) secure against unauthorised access;
c) You are solely responsible for all account activity; and
d) unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Service.
4.2. Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any law or regulation to which it is subject or any Agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable bankruptcy laws and other laws affecting creditors’ rights.
Confidentiality
5.1. The Company’s Website and all of the content that it presents to or generates for You is, and shall remain, confidential and owned by Company or its licensors. Company may also designate additional information owned by it as confidential. Similarly the parties may reasonably mutually designate additional Company information to be proprietary and confidential (collectively, the “Confidential Information”). You agree to maintain and protect the confidentiality the Confidential Information and to use Confidential Information solely for the limited purposes set forth in this Agreement. The Confidential Information shall not include (even if designated by a party) information:
a) that is or becomes part of the public domain through no act or omission of You;
b) that is lawfully received by You from a third party without restriction on use or disclosure and without breach of this Agreement or any other Agreement, or any breach of fiduciary duty, or
c) that You had in Your possession prior to the date of this Agreement.
Upon termination of this Agreement, You must destroy or return to Company any Confidential Information provided by Company to You under this Agreement and still in Your possession.
Liability Limitation
6.1. To the maximum extent legally permitted, whether or not the Company is aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose
a) the Company’s aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the services you paid for and
b) the Company shall not be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover.
This limit shall not apply in circumstances of fraud or gross negligence.
Warranties and Disclaimers
7.1. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties implied, including, but not limited to,
a) merchantability, fitness for a particular purpose, or non-infringement of third party rights,
b) that there are no viruses or other harmful components,
c) that the Company’s security methods will be sufficient,
d) regarding correctness, accuracy, or reliability of the website or any information it makes available to you,
e) your uninterrupted use of the website, or
f) your ability to use the website with your computer hardware and/or software.
All information and services provided to you in the course of this agreement are provided “as is” with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. The Company is, under no circumstances, responsible for the practices, acts or omissions of any third party or you, or such third party or your website (s) or the content thereof. This warranty shall not apply in circumstances of fraud or gross negligence.
Privacy
8.1. The Company will observe applicable data protection laws and will not use information that does or can be used to personally identify You or Your customers (“Personal Data”) other than as set out in Company’s Privacy Policy (“Privacy Policy”), which is incorporated herein by reference. By submitting Your Personal Data in relation to Your registration request, You consent to such Personal Data being processed by the Company to fulfil Your registration and in accordance with such Privacy Policy.
8.2 Subject to Clause 8.1 the Company may use data which You have provided in connection with the Services to create aggregated, redacted, or anonymised forms which do not identify You personally (“Aggregated Data”). The Company shall be entitled to use Aggregated Data which is derived from Your data in connection with the performance of the Services under this Agreement and for the purpose of training the Company’s algorithms for pattern geometry detection, pattern classification, automated sewing, automated layering or other functions or features related to garment design and production. However, in no case shall the Company sell, licence or otherwise transfer to any third party any of Your data.
Notification of Claims of Infringement
9.1. The Company respects the intellectual property of others. The Company may, in appropriate circumstances and at its discretion, terminate this Agreement as to the extent You, Your officers, directors, employees or agents infringe the intellectual property rights of the Company.
9.2. If You believe Your intellectual property has been copied in a way that constitutes copyright infringement, the Company requests You to contact them via email at contact@sixatomic.com and provide, to the extent available:
a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
c) identification of the URL or other specific location where the material that You claim is infringing is located;
d) Your address, telephone number, and email address;
e) a statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.
Submission of this copyright infringement information by You to the Company in no way prevents You from pursuing all necessary legal action to protect Your interests with respect to a copyright infringement.
General
10.1. Neither You nor the Company shall assign, transfer, or purport to assign or transfer its respective rights or obligations under this Agreement. Any purported assignment shall be null and void.
10.2. Any notices hereunder shall be deemed given:
a) upon personal delivery;
b) if sent by certified mail, postage prepaid, three days after the date of mailing;
c) if sent by e-mail, upon the day after the date on which such notice has been sent; and
d) if sent by nationally recognised overnight courier service capable of verified receipt, upon the day after the date on which the notice is delivered to the overnight courier for next day delivery (provided verified receipt is obtained by such courier).
Notice to You shall be sent to the address You provided when You registered. Notices to Company shall be sent to contact@sixatomic.com.
10.3. Neither party shall be held responsible for any delay or failure in performance of this Agreement caused by fire, hurricane, tornado, earthquake, tidal wave, meteor strikes, civil war, Internet brown-outs or black-outs, computer hacking, or acts of terrorists (“Force Majeure”) if the effects of such Force Majeure could not have been avoided through the application of reasonable foresight or diligent effort.
10.4. You acknowledge that this Agreement supersedes and cancels all previous contracts, Agreements, and working arrangements whether oral or written, express or implied, between You and the Company. This Agreement prevails over any previous terms or conditions contained in or referred to elsewhere or implied by trade, custom, or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
10.5. To the fullest extent permitted under applicable law, the Company reserves the right to modify this Agreement upon prior notice to You with effect for the future, subject to Your right to reject, within seven days of receipt, any of the Company’s proposed modifications.
10.6. The failure of either party to insist upon or enforce performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather the same will be and remain in full force and effect.
10.7. Nothing contained herein shall in any way be construed to interpret this Agreement as creating a partnership, joint venture, employment or franchise relationship between the parties hereto. It is expressly agreed that the parties are acting hereunder as independent contractors and under no circumstances shall any of the employees of one party be deemed the employees of the other for any purpose. This Agreement shall not be construed as authority for either party to act for the other party in any agency or other capacity, or to make commitments of any kind for the account of or on behalf of the other except to the extent and for the purposes expressly provided for herein. In this regard, neither party shall hold itself out contrary to the terms of this provision, and neither party shall become liable for the representation, act or omission of the other contrary to the provisions hereof.
10.8. If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.
10.9. The terms of the Agreement are not to be strictly construed against either party.
10.10. Section headings are for convenience only and will not be considered part of this Agreement.
10.11. This Agreement is governed by the laws of Singapore without giving effect to its conflict of law provisions.
10.12. The parties hereby submit to agree to mediate any dispute arising from or related to this Agreement under Singapore International Arbitration Council Rules (“SIAC”) before proceeding with formal litigation in the exclusive jurisdiction of the courts located in Singapore.