Terms of Service

General Terms of Service

1. Acceptance of Terms

ST Engineering Info-Security Pte. Ltd. (UEN No. 199902746G) (“STEIS”, “we” and “us“, as the case may be) provides the Service (as defined below) to you, subject to the following General Terms of Service (“TOS“), which may be updated by us in our sole discretion from time to time without notice to you. You agree that your continued use of the Service after such update will constitute your acceptance of and agreement to be bound by the updated TOS. In addition, when using STEIS services, you and STEIS shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

In most cases the guidelines and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guideline or rule, the TOS will prevail.

2. Description of Service

Products and Software-as-a-Service: STEIS provides users with access to a collection of products and services (the “Service“) through its properties, including its platform and websites at www.aether-cyber.com, which may be accessed by any various medium or device now known or hereafter developed, as specified by STEIS from time to time.  Your use of the Service is subject to your acceptance of the terms and conditions of STEIS licensors as set out in the specific terms.

You understand and agree that the Service is provided “AS-IS” and that STEIS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party’s products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.

3. Your Registration Obligations

In order to use the Service, you need to register as a user. If you do submit a registration application, you represent that you are a legal entity of good standing, are not barred from receiving services under the laws of Singapore or other applicable jurisdiction and have duly authorized the person submitting the application on your behalf. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. STEIS has the right to require the submission of identification documents to process and maintain such registration. If you provide any information that is untrue, inaccurate, not current or incomplete, or STEIS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, STEIS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Notwithstanding the foregoing, we may provide you with access to some parts of the website without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate, such as the IP address from which you are accessing the website. You agree that such information may be collected by us and used in accordance with the TOS.

Under your account to use the Service, you may authorize individuals to use the Service according to the terms of the Service and the obligations imposed under paragraphs 4, 5 and 6 below extend to such authorized individuals. It is your responsibility (and not STEIS’) to maintain the authorization and deauthorization of such individuals and you will remain responsible for the actions of such authorized individuals.

4. STEIS Data Protection

STEIS seeks to adhere to applicable data protection legislation in relation to personal data use, collected or disclosed by STEIS. By giving or making available the Registration Data and such other information about yourself to us, you agree and acknowledge that we may use or release such information, and that you give consent to such use or disclosure. You further agree that providing us with your Registration Data and/or using the Service, you expressly request to receive and consent to receiving communications and materials from STEIS from time to time. . You understand that through your use of the Service you consent to the collection and use  of this information in order for STEIS to provide the Service to you and to improve the Service. Subject to the foregoing, any data collected by STEIS, including from your use of the Service, is the sole property of STEIS (and may be used in any manner deemed by STEIS).

5. User Account, Password and Security

You will receive a password and account designation upon completing the Service’s registration process and once STEIS has completed the onboarding process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify STEIS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. STEIS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. User Conduct

You agree to not use the Service to:

(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;

(b) impersonate any person or entity, including, but not limited to, a STEIS official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

(d) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(f) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(g) interfere with or disrupt the Service or another person’s use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(h) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;

(i) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a terrorist entity by the Terrorism (Suppression of Financing) Act 2002;

(j) commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise; and/or

(k) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through j above.

You acknowledge, consent and agree that STEIS may in its sole discretion access, preserve and disclose your account information and associated content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of STEIS, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by STEIS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. Nature Of Communications on STEIS Network

When you register with STEIS, you acknowledge that in using the Services to send electronic communications (including but not limited to email, search queries, sending messages, and other Internet activities), you will be causing communications to be sent through STEIS’s Internet Service Provider’s computer networks, portions of which may be located in one jurisdiction, and other locations in other jurisdictions and portions of which are located in other jurisdictions. As a result, and also as a result of STEIS’s Internet Service Provider’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the Service results in interstate data transmissions.

8. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Indemnity

You agree to indemnify and hold STEIS and its parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another or your breach of any applicable law.

10. Release

If you have a dispute with one or more users, you release STEIS and its parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensors, harmless from any claim or demand, including reasonable legal fees made by any third party due to or arising out of your breach of this TOS, or your violation of any law or the rights of a third party.

11. No Resale of Service

The Service is provided for your own internal business purposes. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your STEIS User Account), use of the Service, or access to the Service.

12. General Practices Regarding Use and Storage

You acknowledge that STEIS may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service is used, the maximum number of days that email messages, message board postings, the maximum disk space that will be allotted on STEIS’s server space on your behalf for your use of the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. In particular, but without limiting the foregoing, by using the Service, you consent to our adoption of the practices set forth from time to time in relation to your use of the Service.

You agree that STEIS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by or made available through the Service. You acknowledge that STEIS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that STEIS reserves the right to modify these general practices and limits from time to time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.

13. Modifications to Service

STEIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that STEIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Termination

You agree that STEIS may, under certain circumstances and without prior notice, immediately terminate your STEIS account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:

(a) breaches or violations or purported breaches or violations of the TOS or other incorporated agreements or guidelines;

(b) requests by law enforcement or other government agencies;

(c) a request by you (self-initiated account deletions);

(d) discontinuance or material modification to the Service (or any part thereof);

(e) unexpected technical or security issues or problems,

(f) extended periods of inactivity;

(g) engagement by you in fraudulent or illegal activities, and/or

(h) non-payment of any fees owed by you in connection with the Services in excess of fourteen (14) days.

Termination of your STEIS account includes:

(a) removal of access to all offerings within the Service;

(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and

(c) barring of further use of the Service.

Further, you agree that all terminations for cause shall be made in STEIS’s sole discretion and that STEIS shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

15. Proprietary Rights of the Service

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by STEIS or its licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

STEIS and its licensors grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by STEIS for use in accessing the Service.

16. Disclaimer of Warranties

You expressly understand and agree that:

(a) your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. STEIS and its parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners, licensors, suppliers and vendors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful).

(b) STEIS and its parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners, licensors, suppliers and vendors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the Service will be accessible at any time or at all times via the channel selected or used by you, (iv) the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from or through the Service (the “materials”) or the results that may be obtained from the use of the Service will be accurate or reliable; (v) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (vi) any errors in the software will be corrected.

(c) any reliance upon or use of any of the materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any part of the Service or the materials. The materials are provided or made available by us on an “as is” basis, and we expressly disclaim any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the Service.

(d) any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or equipment or loss of data that results from the download of any such material.

(e) no advice or information, whether oral or written, obtained by you from STEIS or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees or through or from the Service shall create any warranty not expressly stated in the TOS (save for any fraudulent misrepresentation by us or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be).

(f) due to the nature of cyber threats, STEIS does not guarantee that the Service is fully able to detect or prevent security incidents, malware, ransomware, DDoS, or any form of threats, or that the service will meet your requirements or expectations.

STEIS warrants that any paid Service subscribed for WILL perform materially to published specifications for the duration of the selected subscription. As your sole and exclusive remedy or breach of this warranty, STEIS shall, at its option and expense, correct the Service, as applicable.

17. Limitation of Liability

You expressly understand and agree that STEIS and its parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if STEIS or its licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, has been advised of the possibility of such damages), resulting from: (i) the service, the materials and the products; (ii) the use or the inability to use the service; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) any goods or services disposed of or messages sent or received using the service; or (vii) any other matter relating to the service, the materials or the products. Nothing in this TOS shall limit the liability of us or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be for death or personal injury resulting from our or their negligence.

18. Exclusions and Limitations

You acknowledge that the disclaimers and exclusions of liability set forth in sections 16 and 17 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.

19. Special Admonition for Financial Matters Relating to the Service

Parts of the Service is chargeable and the offer of such parts is an invitation to treat. If you accept the offer to receive such part of the Service, such Service will not be provided until the requisite payment has been processed and confirmation has been provided to your user account. You agree that you are solely and absolutely responsible for all decisions made by you. STEIS and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any decisions based on such information.

20. Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries of Sections 6, 9, 18, 19 and 20. You agree that our licensors, suppliers, vendors, our parent, holding, subsidiary and related companies, all affiliates, our officers, agents and employees, and our co-branders and other partners may each enforce, severally and in its own right, the provisions of Sections 6, 9, 18, 19 and 20 as applicable, and the Singapore Contracts (Rights of Third Parties) Act (Cap. 53B) shall apply to the TOS to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner.

21. Notice

STEIS may provide you with notices, including those regarding changes to the TOS, by email, or postings on the Service dashboard. You agree that such notices by email, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

22. General Information

Entire Agreement. The TOS constitutes the entire agreement between you and STEIS and governs your use of the Service, superseding any prior understandings, statements, representations and agreements between you and STEIS with respect to the Service. For the avoidance of doubt, except to the extent provided in Section 20, you and us are the only parties to the TOS. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other STEIS services, affiliate services, third-party content or third-party software.

Choice of Law. The TOS and the relationship between you and STEIS shall be governed by the laws of Singapore without regard to its conflict of law provisions.

Dispute Resolution. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, 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”) for the time being in force, which rules are deemed to be incorporated by reference in this section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of a single arbitrator. The language of the arbitration shall be English.

The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.

Waiver and Severability of Terms. The failure of STEIS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your STEIS User account is non-transferable and any rights to your STEIS User Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

English version prevails. In the event that these TOS are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

 

Service Terms for MDR

These terms and conditions (“Terms”) governs your subscription of ST Engineering Info Security (“STEIS”) AI-Enabled Threat Elimination and Response service for SMEs (“AETHER”). Your use of the AETHER Service is subject to your acceptance of the terms and conditions of STEIS. The Terms are enacted under and in conjunction with STEIS general terms of service, as amended and updated from time to time.

MDR Service Overview

STEIS provides to you, the Customer, a fully managed Service providing real -time security monitoring, analysis, reporting and threat alerting. The AETHER Service is performed using a commercial Endpoint Detection and Response product (EDR) in combination with analysis by cyber security professionals, to identify possible security threats to the Customer’s environment.

Monitoring will be done 24 hours a day, 7 days a week through the EDR agent, while investigation and alerting will be performed during Singapore office hours only, hereby defined as Mondays to Fridays, 0830 to 1800 hours, with the exception of official Public Holidays as declared by the Government of Singapore.

Technology Overview

By subscribing to the AETHER Service, you agree to the installation of an EDR agent into your IT environment. While STEIS shall take reasonable efforts to test and ensure that the software provided is sufficiently stable, we shall not be liable for any operational disruptions encountered as a result of the software.

Due to the fast changing nature of cyber security solutions, STEIS may evaluate and swap out the technology used in this Service at our discretion.

Scope of AETHER Service

The Service shall be split into 4 phases

Service Phase	Service Frequency	Service Elements
Onboarding	One Time	Provision of installation package for self installation by the Customer Remote support for installation via Chat
Preventive Detection	One Time	Application and threat scanning Provision of a one time health check report
Continuous Monitoring	Ongoing	24/7 endpoint monitoring via EDR agent Ad hoc incident investigation with incident report for high severity incidents (level 4 and above) Monthly summary report Office hour access to security analyst via Chat
Preparation and Response	One Time	Provision of an incident response planning package, with template controls for the following areas: Asset inventory Security controls Incident response plan Cyber response plan

Upon confirmation of the AETHER Service and receipt of payment, an installation package will be generated by STEIS’s operations team using the Customer’s details, and electronically delivered to the registered email address, hence referred to as “Delivery Date”.

The AETHER Service will automatically commence once the Customer has completed installation of all agents, or 14 calendar days after the Delivery Date, whichever is earlier. The service commencement date shall hence be referred to as “AETHER Service Date”.