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Terms and Conditions

Updated: June 9, 2025

1. By using or accessing Timemark you:

2. Access to Timemark

3. Basic Rules

(5) If you violate this Agreement, you agree that we may, at our sole and absolute discretion or as required by applicable law, rules, regulations and policies, and without notice to you, take any action deemed appropriate by us, including, without limitation: (i) removing any offending User Content; (ii) suspending or terminating your access to Timemark, (iii) ceasing to provide any services related to Timemark.

4. Team Feature and Data Authorization

5. Intellectual Property Rights

We respect intellectual property rights and ask that you do the same. As a condition of your access to and use of our Services, you agree not to use our Services to infringe on any intellectual property rights.

6. Content Ownership and License

7. Indemnity

You agree to defend, indemnify, and hold harmless Timemark, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of this Agreement or arising out of a breach of your obligations, representation and warranties under this Agreement.

8. Disclaimer

9. Limitation of Liability

10. Not Responsible for Third Parties

We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

11. Force Majeure and Other Grounds for Exemption

12. Modification, Suspension, and Termination

Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of Timemark at any time, in our sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and created in connection with your use of Timemark.

13. Governing Law and Dispute Resolution

Subject to the “Supplemental Terms – Jurisdiction-Specific”, this Agreement, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding existence, validity or termination of this Agreement, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") then in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.

14. Inherent Risks

15. Language

This Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall prevail.

16. Contact

17. Supplemental Terms – Jurisdiction-Specific

l If you are under the age of 18, you may only use the service with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to this Agreement, with you.

l In addition to the choice of law provided in Section 12 of this Agreement, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called “Rome I Regulation”) the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter “right of residence”) contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 12 of this Agreement.