Terms and Conditions
DATE:
Effective starting 23rd April 2024
1. SCOPE AND ACCEPTANCE:
1.1. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "you") and Legacy Labs Private Limited, a private limited company incorporated in Singapore ("Company", "Living Legacy", "we", "our" or "us").
1.2. By accessing or using the Living Legacy platform, website, digital applications, or any services provided by Living Legacy (collectively, the "Service"), you represent that you have the capacity to enter into a legally binding agreement, and you accept and agree to be bound by these Terms.
1.3. These Terms apply to all users of the Service, including users who are simply viewing or browsing the Service without registering or submitting any content. If you do not agree to these Terms, you may not access or use the Service.
1.4. The Service is operated and provided within the sovereign territory of Singapore. If you are accessing or using the Service from other jurisdictions, you are responsible for complying with the local laws and regulations applicable to your particular jurisdiction.
1.5. We may revise these Terms at any time by updating this page. You should revisit this page periodically to ensure that you are aware of any changes, as your continued use of the Service will constitute your acceptance of the revised Terms.
2. USER ACCOUNTS AND REGISTRATION:
2.1. To access and use certain features of the Service, you may be required to register for an account ("Account") by providing certain information, such as your phone number, email address, and creating a password. You agree to provide accurate, current, and complete information during the registration process and to keep your Account information up-to-date at all times.
2.2. You are solely responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. You agree to immediately notify Living Legacy of any unauthorised use of your Account or any other breach of security.
2.3. Living Legacy offers the Service through various subscription tiers with different features and functionalities. To access certain tiers or premium features of the Service, you may be required to pay applicable fees or subscription charges. Living Legacy reserves the right to modify its pricing structure and subscription tiers at any time.
2.4. By registering for an Account and subscribing to the Service, you authorise Living Legacy to charge the applicable fees or subscription charges using the payment method you provide during registration or at the time of purchase. You are responsible for providing accurate and up-to-date billing information.
2.5. Living Legacy reserves the right to suspend or terminate your Account and access to the Service if any payment is overdue or if any information provided during registration is inaccurate or incomplete.
3. DATA COLLECTION AND USE:
3.1. In order to provide the Service, Living Legacy may collect and process various types of data from you, including but not limited to:
3.1.1. Personal Information:
Such as your name, contact details, date of birth, and other identifiers.
3.1.2. User Content:
Any text, images, audio, video, or other content that you upload, submit, or otherwise provide through the Service.
3.1.3. Usage Data:
Information about how you use and interact with the Service, including device information, access logs, and usage patterns.
3.1.4. Location Data:
Information about your location when using the Service, if you allow access to location services on your device.
3.2. The primary purpose of collecting and processing this data is to create and maintain your personalised digital replica within the Service, as well as to provide, improve, and customise your experience with Living Legacy's products and services.
3.3. Your data may also be used for other purposes, such as:
3.3.1. Communicating with you about the Service, responding to your inquiries, and providing customer support.
3.3.2. Analysing and improving the Service, developing new features, and enhancing security and functionality.
3.3.3. Complying with legal obligations, enforcing our Terms and Conditions, and protecting our rights and property.
3.4. Living Legacy may share your data with trusted third-party service providers who assist in operating and improving the Service, but only to the extent necessary for them to perform these functions on our behalf. We may also disclose your data if required by law or in response to valid requests from public authorities.
3.5. By using the Service, you consent to the collection, processing, and use of your data as described in these Terms and our Privacy Policy, which is incorporated by reference and provides more detailed information about our data practices.
4. INTELLECTUAL PROPERTY RIGHTS:
4.1. The Service, including but not limited to the software, code, designs, text, graphics, images, videos, interactive features, and all other content and materials associated with the Service ("Living Legacy Materials"), are the proprietary property of Legacy Labs Private Limited or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws.
4.2. Except as expressly authorised by Legacy Labs Private Limited, you may not reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, or otherwise use or exploit any Living Legacy Materials without our prior written consent.
4.3. The Living Legacy name and logo are trademarks of Legacy Labs Private Limited, and you may not use them without our prior written consent.
4.4. You retain all ownership rights in any User Content that you upload, submit, or otherwise provide through the Service. However, by providing User Content, you grant Living Legacy a worldwide, non-exclusive, royalty-free, transferable, sublicensable, and perpetual licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service.
4.5. You represent and warrant that you have all necessary rights and permissions to grant the above licence for any User Content you provide and that such User Content does not infringe upon any third-party intellectual property rights.
4.6. If you believe that any material on the Service infringes upon your intellectual property rights, please follow our Digital Millennium Copyright Act ("DMCA") Notice and Procedure, which will be outlined in a separate section of these Terms and Conditions.
5. USER CONDUCT AND RESPONSIBILITIES:
5.1. You agree to use the Service only for lawful purposes and in accordance with these Terms and Conditions. Specifically, you agree:
5.1.1. Avatar Creation:
The digital avatar created through the Service should be a representation of yourself. If you intend to create an avatar for another individual, you must have their explicit approval and maintain a close familial or personal relationship with that person.
5.1.2. Prohibited Conduct:
You may not create an avatar or use the Service to impersonate any other person or entity without their explicit consent. Unauthorised creation or use of avatars representing third parties is strictly prohibited.
5.1.3. Compliance with Laws:
Your use of the Service must comply with all applicable laws, regulations, and ordinances, including but not limited to those relating to intellectual property rights, privacy, and data protection.
5.1.4. Restricted Content:
You may not upload, transmit, or otherwise make available through the Service any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or racially, ethnically, or otherwise objectionable.
5.1.5. Service Integrity:
You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
5.2. Living Legacy reserves the right to investigate and take appropriate legal action against anyone who violates these Terms and Conditions, including suspending or terminating your access to the Service.
5.3. You are solely responsible for your conduct and any content you submit, post, or display through the Service, and you agree to indemnify and hold Living Legacy harmless from any claims or liabilities arising from your use of the Service.
6. DIGITAL REPLICA OWNERSHIP AND USAGE:
6.1. The digital replicas (avatars) created through the Service are intended to be representations of the User or their loved ones with explicit consent. Users are prohibited from creating digital replicas of individuals without proper authorization.
6.1.1. Self-Representation:
Users may create digital replicas representing themselves without any additional consent required.
6.1.2. Loved Ones:
If a User wishes to create a digital replica of a loved one, they must obtain explicit approval from that individual and maintain a close familial or personal relationship with them.
6.1.3. Deceased Individuals:
In the event a User wishes to create a digital replica of a deceased individual, they must be an immediate family member of the deceased or obtain explicit approval from an immediate family member. If no immediate family members are living, approval must be obtained from the closest available family relation.
6.1.4. Unauthorised Creation: Users are strictly prohibited from creating digital replicas of any individual without proper consent as outlined above. Any unauthorised creation or use of digital replicas will be considered a violation of these Terms and Conditions.
6.2. Ownership and Usage Rights:
Users retain ownership of the digital replicas they create through the Service. However, Living Legacy reserves the right to monitor and review all digital replicas for compliance with these Terms and may remove or disable any replicas that violate our policies or applicable laws.
6.3. Limitations and Restrictions:
Digital replicas created through the Service are intended for personal, non-commercial use only. Users may not use digital replicas for any commercial purposes, such as advertising, marketing, or any other revenue-generating activities, without prior written consent from Living Legacy.
6.4. Living Legacy reserves the right to modify or update these terms and conditions regarding digital replica ownership and usage at any time. Users are responsible for reviewing and complying with the most current version of these Terms and Conditions.
7. PRIVACY AND DATA PROTECTION:
7.1. Living Legacy is committed to protecting your privacy and ensuring the security of your personal data. Our data collection, processing, and usage practices are governed by our comprehensive Privacy Policy, which is incorporated into these Terms and Conditions by reference.
7.2. We comply with applicable data protection laws and regulations, including but not limited to the Personal Data Protection Act (PDPA) of Singapore, the General Data Protection Regulation (GDPR) of the European Union, and the relevant privacy laws in the United States.
7.3. Our Privacy Policy outlines the types of personal data we collect, how we use and protect that data, your rights regarding your personal data, and our data retention practices. We encourage you to review our Privacy Policy carefully to understand our approach to data privacy and security.
7.4. By using the Service, you consent to the collection, processing, and use of your personal data as described in our Privacy Policy. If you have any questions or concerns about our data practices, please contact us using the information provided in the Privacy Policy.
7.5. Living Legacy will not disclose, share, or sell your personal data to third parties for their direct marketing purposes without your explicit consent. However, we may share your data with trusted third-party service providers who assist in operating, improving, and securing the Service, subject to appropriate confidentiality and data protection measures.
7.6. We will also disclose your personal data if required to do so by law or in response to valid requests from public authorities, or to protect the rights, property, or safety of Living Legacy, our users, or others.
7.7. Living Legacy will take reasonable technical and organisational measures to protect your personal data from unauthorised access, alteration, disclosure, or destruction. However, no method of data transmission or storage is completely secure, and we cannot guarantee absolute security of your data.
7.8. Please note that our Privacy Policy and data practices may be updated from time to time, and we will notify you of any material changes as required by applicable laws and regulations.
8. THIRD-PARTY SERVICES AND LINKS:
8.1. The Service may integrate with or contain links to third-party websites, services, and applications ("Third-Party Services") that are not owned or controlled by Living Legacy. These Third-Party Services have their own terms of use and privacy policies, which you should review carefully before using them.
8.2. Living Legacy does not endorse, is not responsible for, and makes no representations or warranties regarding the content, products, services, privacy practices, or terms of any Third-Party Services. You access and use Third-Party Services at your own risk.
8.3. Some Third-Party Services may allow you to authenticate into their service using your Living Legacy Account credentials. By enabling this integration, you authorise Living Legacy to share your account information and data with the Third-Party Service as necessary to facilitate the integration.
8.4. If you choose to use any Third-Party Services, your data and information may be collected, processed, and used by the third party in accordance with their privacy policies and terms of use. Living Legacy is not responsible for the privacy practices or the content of such Third-Party Services.
8.5. The inclusion of any link to a Third-Party Service on the Living Legacy platform does not imply our endorsement of the Third-Party Service or any association with its operators. If you decide to access any Third-Party Services linked from the Living Legacy platform, you do so entirely at your own risk.
8.6. Living Legacy reserves the right to modify, disable, or discontinue the integration or linking to any Third-Party Services at any time without prior notice.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
9.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
9.2. LIVING LEGACY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT, DATA, OR MATERIALS CONTAINED THEREIN.
9.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVING LEGACY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE.
9.4. IN NO EVENT SHALL LIVING LEGACY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICE EXCEED THE AMOUNT OF FEES PAID BY YOU TO LIVING LEGACY FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
9.5. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. TERMINATION AND ACCOUNT DELETION:
10.1. You may terminate your Account and stop using the Service at any time by following the account deletion process provided within the Service or by contacting our customer support.
10.2. Living Legacy reserves the right, in its sole discretion, to terminate or suspend your access to the Service, either temporarily or permanently, for any reason, including but not limited to a violation of these Terms and Conditions or our inability to verify your compliance with any applicable laws or regulations related to your use of the Service.
10.3. Upon termination of your Account or suspension of your access to the Service, whether by you or by Living Legacy, your right to use the Service will immediately cease.
10.4. In the event of Account termination or deletion, whether initiated by you or Living Legacy, we will not retain any of your personal data, User Content, or information related to your digital replica beyond what is necessary for legal or regulatory compliance purposes.
10.5. Living Legacy shall not be liable to you or any third party for termination or suspension of your Account or access to the Service.
10.6. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10.7. Termination of your Account does not relieve you of the obligation to pay any outstanding fees or charges accrued prior to termination.
11. GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Singapore.
In the event of any dispute or claim arising out of or relating to these Terms and Conditions or your use of the Service, Living Legacy shall first attempt to resolve the dispute through good faith negotiations for a period of thirty (30) days. If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to mediation in accordance with the rules of the Singapore International Mediation Centre.
12. MODIFICATIONS TO THE TERMS:
12.1. Living Legacy reserves the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms and Conditions on the Service. Your continued use of the Service after such changes will constitute your acceptance of the revised Terms and Conditions.
12.2. We encourage you to periodically review these Terms and Conditions for any updates or changes. If you do not agree to the revised Terms and Conditions, you must discontinue your use of the Service.
13. INDEMNIFICATION:
13.1. You agree to indemnify, defend, and hold harmless Living Legacy, its affiliates, officers, directors, employees, agents, any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, any violation of these Terms and Conditions, or any violation of any rights of a third party.
14. SEVERABILITY:
14.1. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be reformed, construed, and enforced to the maximum extent permissible under applicable law to give effect to the intent of the parties as reflected in these Terms and Conditions.