Effective Date: 1 January 2023
Last Updated: 1 January 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 17. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 17 CAREFULLY BEFORE USING THE SITES OR SERVICES.

IMPORTANT NOTICE REGARDING FINANCIAL AND INVESTMENT INFORMATION: THE SITES DO NOT PROVIDE INVESTMENT, LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE. SEE SECTION 13 FOR FULL DISCLAIMERS.

1. DEFINITIONS

1.1 In these Terms of Service, the following expressions have the meanings assigned to them below unless the context otherwise requires:

"Affiliate" means, in relation to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity, where "control" means the ownership of more than fifty percent (50%) of the voting securities or equivalent ownership interest.

"Authorised Use" means the personal, non-commercial use of the Sites and Content as expressly permitted under these Terms.

"Business Day" means a day other than a Saturday, Sunday, or public holiday in Singapore.

"Claim" has the meaning given in Section 17.3.

"Community Guidelines" means the content and conduct standards published by the Company on the Sites from time to time, which are incorporated into these Terms by reference.

"Company," "we," "us," and "our" refer to Privilege Press, a company incorporated in Singapore, and its successors, permitted assigns, Affiliates, subsidiaries, and licensees.

"Content" means all information, text, data, articles, commentary, analysis, images, photographs, graphics, illustrations, audio, video, software, computer code, metadata, and any other material appearing on, forming part of, or accessible through the Sites, whether created by the Company, its contributors, licensors, or Users.

"Contributor Agreement" means any separate written agreement entered into between the Company and a content contributor, author, or freelancer governing the submission and publication of original works.

"DMCA" means the Digital Millennium Copyright Act, 17 U.S.C. § 512, as amended.
"Force Majeure Event" has the meaning given in Section 20.8.
"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights (including moral rights where applicable), trademarks, service marks, trade names, domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

"Personal Data" has the meaning ascribed to it under the applicable data protection legislation in the relevant jurisdiction, including the Singapore Personal Data Protection Act 2012 (No. 26 of 2012) ("Singapore PDPA"), as amended from time to time.
"Prohibited Content" has the meaning given in Section 11.
"Registered User" means a User who has completed the Company's registration process and holds an active account on the Sites.

"SIAC" means the Singapore International Arbitration Centre.

"SIAC Rules" means the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force.

"Sites" means the websites, mobile applications, platforms, newsletters, RSS feeds, and related digital services operated by the Company, including without limitation [list primary domains], and any successor or replacement domains or applications, whether accessed via web browser, mobile device, application programming interface, e-mail, or any other medium.
"Subscription" means any paid access tier, membership, or subscription product offered by the Company from time to time through the Sites.

"Terms" or "Terms of Service" means these Terms of Service, together with all documents expressly incorporated by reference, including the Privacy Policy, Community Guidelines, and any applicable Contributor Agreement.

"User," "you," and "your" refer to any natural person or legal entity accessing or using the Sites, whether or not registered.

"User Contribution" means any content, material, comment, post, submission, or communication that a User posts, uploads, submits, publishes, transmits, or otherwise makes available on or through the Sites, including through any interactive feature, comment forum, or community tool.

2. ACCEPTANCE OF TERMS

2.1 By accessing or using the Sites in any manner, you unconditionally accept and agree to be bound by these Terms, the Privacy Policy, and the Community Guidelines. If you do not agree to these Terms in their entirety, you must immediately cease accessing and using the Sites.
2.2 These Terms constitute a legally binding agreement between you and the Company. Your continued access to or use of the Sites following any amendment to these Terms constitutes your acceptance of the amended Terms.
2.3 If you are accessing or using the Sites on behalf of a legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and "you" and "your" shall refer to that entity.
2.4 Users who are natural persons must be at least thirteen (13) years of age to use the Sites. Users who are under eighteen (18) years of age must have obtained verifiable parental or guardian consent before using the Sites, particularly before submitting any User Contribution or creating an account. The Company reserves the right to verify age and to terminate accounts where age requirements are not satisfied.

3. AMENDMENTS TO THESE TERMS

3.1 The Company reserves the right to amend these Terms at any time in its sole discretion. Amendments will be effective immediately upon posting to the Sites unless otherwise stated.
3.2 For material amendments, the Company will use reasonable endeavours to provide notice by posting a notification on the Sites or by e-mail to Registered Users. The Company's failure to provide such notice shall not affect the validity or enforceability of the amended Terms.
3.3 You are expected to review these Terms periodically. Your continued use of the Sites after any amendment constitutes binding acceptance of the amended Terms.
3.4 The arbitration provisions in Section 17 shall not be amended in a manner that materially and adversely affects existing Registered Users without thirty (30) days' prior written notice. Any such amendment will not apply to disputes of which the Company has received written notice prior to the effective date of the amendment.

4. ACCESS TO THE SITES AND ACCOUNT SECURITY

4.1 The Company reserves the right, in its absolute discretion and without notice, to modify, suspend, restrict, or permanently discontinue the Sites or any part thereof, at any time and for any reason. The Company shall have no liability to any User arising from any such modification, suspension, restriction, or discontinuation.
4.2 Access to certain features, Content, or functionality of the Sites may require registration as a Registered User or purchase of a Subscription. The Company reserves the right to determine the conditions of access to any feature or Content at its sole discretion.
4.3 In registering as a Registered User, you agree to:
• (a) provide accurate, current, and complete registration information;
• (b) maintain and promptly update your registration information to keep it accurate, current, and complete;
• (c) maintain the confidentiality of your account credentials, including your username and password;
• (d) not disclose your account credentials to any third party;
• (e) not permit any other person to access the Sites using your account credentials;
• (f) notify the Company immediately at [security contact email] upon becoming aware of any actual or suspected unauthorised access to or use of your account.
4.4 You are solely responsible for all activities conducted through your account, whether or not authorised by you. The Company shall not be liable for any loss or damage arising from your failure to comply with this Section 4.
4.5 The Company reserves the right to suspend or terminate any account, username, or access credential at any time, with or without notice, where in its opinion any provision of these Terms has been violated or where such action is otherwise appropriate in the Company's sole discretion.

5. SUBSCRIPTIONS AND CHARGES

5.1 The Company may charge fees for access to certain portions of the Sites, specific Content, or premium features. All fees are as published on the Sites from time to time and are subject to change at the Company's discretion.
5.2 Subscription fees are governed by the Company's Terms of Sale, which are incorporated into these Terms by reference. In the event of conflict between these Terms and the Terms of Sale on matters of payment, the Terms of Sale shall prevail.
5.3 You are responsible for all applicable taxes, levies, duties, and charges (including goods and services tax, value-added tax, and withholding tax) imposed on or in connection with your use of any paid features of the Sites, in addition to the stated fees.
5.4 The Company reserves the right to modify, discontinue, or alter any Subscription tier or paid feature at any time. Where such modification materially reduces the features or value of a current Subscription, the Company will provide reasonable advance notice to affected Registered Users.

6. INTELLECTUAL PROPERTY OWNERSHIP

6.1 Ownership. The Sites and all Content — including without limitation all articles, editorials, reports, analyses, data compilations, software, source code, databases, graphics, audio-visual works, designs, layouts, and the selection and arrangement of Content — are owned by or licensed to the Company and are protected under Singapore, United States, and international Intellectual Property Rights laws, including the Singapore Copyright Act 2021 (No. 22 of 2021) ("Singapore Copyright Act"), the United States Copyright Act, and applicable trademark and database protection regimes.
6.2 Licence to Users. Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Sites and Content solely for Authorised Use. This licence does not transfer any ownership interest in the Sites or Content to you, and all Intellectual Property Rights not expressly granted are reserved by the Company.
6.3 Restrictions on Use. Except as expressly permitted by these Terms, you must not, without the prior written consent of the Company:
• (a) reproduce, copy, download, print, distribute, or transmit any Content;
• (b) modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works based on any Content or any part of the Sites;
• (c) publicly display, publicly perform, broadcast, or communicate to the public any Content;
• (d) remove, alter, obscure, or circumvent any copyright notice, trademark, watermark, or other proprietary rights notice on any Content;
• (e) frame, deep-link, inline-link, or otherwise embed the Sites or any Content on any third-party website or platform without express written consent;
• (f) use any Content for any commercial purpose, including resale, redistribution, or in connection with any commercial enterprise;
• (g) use the Sites or Content in connection with any artificial intelligence or machine learning system, including for purposes of training, fine-tuning, retrieval-augmented generation, model distillation, or any other form of model development or operation — whether the system is proprietary or open-source — without a separate written licence from the Company;
• (h) scrape, crawl, spider, index, or systematically extract Content by any automated or semi-automated means, regardless of the purpose or whether such activity might otherwise qualify as fair dealing or fair use under any applicable copyright law;
• (i) use the Sites' Content to develop, train, benchmark, or evaluate any competing product, service, or publication.
6.4 Reprints and Permissions. Requests for permission to reproduce, syndicate, or otherwise use Content beyond the scope of these Terms must be submitted to info@openprivilege.com. The Company may grant or withhold such permission in its absolute discretion and may impose conditions including payment of a licence fee.

7. TRADEMARKS

7.1 The Company's name, logos, product names, service names, slogans, and all related marks (the "Company Marks") are registered or unregistered trademarks of the Company or its Affiliates. You must not use any Company Mark without the prior written consent of the Company in each instance.
7.2 All other trademarks, service marks, and trade names appearing on the Sites are the property of their respective owners. Nothing in these Terms grants any right to use any third-party mark.
7.3 Any goodwill arising from use of the Company Marks inures exclusively to the benefit of the Company.

8. LINKING AND SOCIAL MEDIA FEATURES

8.1 You may link to the homepage or other pages of the Sites provided such linking:
• (a) is fair and legal;
• (b) does not damage or take advantage of the Company's reputation;
• (c) does not suggest any form of association, approval, or endorsement by the Company without express written consent; and
• (d) does not involve any framing, deep-linking, or inline-linking that would obscure, distort, or misrepresent the origin of the Content.
8.2 The Company reserves the right to withdraw linking permission at any time without notice.
8.3 Where the Sites offer social sharing or social media features, such features may only be used as expressly provided and in relation to the specific Content with which they are displayed. You must not use such features to circumvent any access restriction or paywall.
8.4 Links from the Sites to third-party websites are provided for convenience only. The Company has no control over and accepts no responsibility for the content, accuracy, or practices of any linked third-party site. Access to any linked site is at your own risk.

9. LICENCE AND OWNERSHIP

9.1 Non-Confidential Nature. Any User Contribution submitted, posted, or transmitted on or through the Sites is deemed non-confidential and non-proprietary to the User upon submission. The Company shall have no obligation to treat any User Contribution as confidential.
9.2 Licence Grant. By submitting or posting any User Contribution, you irrevocably grant to the Company and its Affiliates, successors, licensees, and assigns a worldwide, perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive (except as provided in Section 9.3) licence to:
• (a) use, host, store, reproduce, modify, adapt, translate, create derivative works from, distribute, publish, transmit, publicly display, publicly perform, sublicense, and otherwise exploit the User Contribution, in whole or in part, in any format, medium, or technology now known or hereafter developed;
• (b) incorporate the User Contribution into other works;
• (c) use the User Contribution for any lawful commercial or editorial purpose, including in connection with marketing, promotional, and advertising activities.
9.3 Attribution. The Company has no obligation to attribute User Contributions to you. The Company may, but is not required to, identify you as the source of a User Contribution.
9.4 Moral Rights. To the fullest extent permitted by applicable law, you hereby irrevocably waive all moral rights (including rights of integrity and rights of attribution/paternity) in and to your User Contributions in favour of the Company, its Affiliates, licensees, and assigns. You further consent, on your own behalf and on behalf of your heirs, executors, and successors, to any act or omission by the Company that would otherwise constitute an infringement of those moral rights.
9.5 Retained Ownership. Nothing in this Section 9 transfers ownership of the Intellectual Property Rights in a User Contribution from you to the Company. The licence granted in Section 9.2 is a licence, not a transfer.
9.6 User Representations and Warranties. By submitting any User Contribution, you represent and warrant to the Company that:
• (a) you are the sole author and owner of the User Contribution or have obtained all rights, licences, and consents necessary to grant the licence in Section 9.2 without infringing any third party's rights;
• (b) the User Contribution does not and will not infringe any Intellectual Property Rights, privacy rights, publicity rights, or other rights of any person or entity;
• (c) the User Contribution is not defamatory, obscene, offensive, or otherwise in violation of any applicable law or these Terms;
• (d) the User Contribution does not contain any virus, malware, or other harmful code;
• (e) you have complied with all applicable laws in connection with the creation, submission, and licensing of the User Contribution;
• (f) where required by applicable law, you have obtained the consent of all individuals whose Personal Data is included in the User Contribution to the processing of such data in accordance with the Company's Privacy Policy;
• (g) the User Contribution is entirely your own original work, created and submitted manually by you as a natural person, and was not generated, in whole or in part, by any artificial intelligence, automated text generation tool, large language model, or other synthetic means.

10. CONTENT MODERATION AND EDITORIAL DISCRETION

10.1 Editorial Control. The Company operates the Sites as a private publishing platform. The Company reserves the absolute and final right to determine what constitutes appropriate, lawful, or constructive content on the Sites. The Company may, in its sole and absolute discretion and at any time, without notice and without liability:
• (a) decline to publish, remove, edit, move, archive, or anonymise any User Contribution or other Content;
• (b) suspend or terminate any User account, commenting privilege, or access to any portion of the Sites;
• (c) disclose User identity or account information to law enforcement authorities or third parties as required by law or as the Company deems necessary to protect its rights, its staff, its Users, or the public.
10.2 No Obligation to Host. The Company has no obligation to host, store, display, maintain, or continue displaying any User Contribution. The Company may delete, archive, or anonymise any User Contribution at any time and for any reason, without notice and without liability.
10.3 Moderation Technology. The Company may employ automated tools, algorithmic filters, human moderators, and third-party moderation services to identify, review, flag, withhold, and remove User Contributions. Automated tools may occasionally produce false positives or false negatives. The Company is not liable for any error or omission in automated moderation. All moderation decisions are final and are not subject to appeal.
10.4 Section 230 and Equivalent Protections. The Company's moderation of User Contributions, including any decision to retain, remove, or archive any content, constitutes an exercise of editorial discretion and is protected under applicable law, including Section 230(c) of the United States Communications Decency Act and equivalent platform liability protections in applicable jurisdictions.
10.5 Cooperation with Authorities. The Company will fully cooperate with any law enforcement authority, regulatory body, or court of competent jurisdiction requiring disclosure of the identity or other information of any User. YOU EXPRESSLY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIM ARISING FROM ANY ACTION TAKEN BY THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES IN THE COURSE OF OR AS A CONSEQUENCE OF THEIR INVESTIGATIONS.
10.6 Privilege, Not a Right. Participation in any interactive, community, or commenting feature on the Sites is a privilege, not a right, and may be restricted, suspended, or terminated by the Company at any time, with or without notice and without liability.

11. PROHIBITED CONTENT AND CONDUCT

11.1 General Prohibition. You may use the Sites only for lawful purposes and in strict accordance with these Terms. The following are absolutely prohibited:
• (a) any use that violates any applicable law or regulation of any jurisdiction, including without limitation Singapore law, United States federal and state law, and the laws of any SEA jurisdiction in which you are located or from which you access the Sites;
• (b) any use that exploits, harms, or attempts to exploit or harm minors in any way, including by exposing them to inappropriate Content or soliciting Personal Data from them;
• (c) submission of any User Contribution that constitutes Prohibited Content as defined in Section 11.2;
• (d) transmitting unsolicited advertising, spam, chain letters, "junk mail," or promotional material without the Company's prior written consent;
• (e) impersonating the Company, any of its employees or officers, another User, or any other person or entity;
• (f) any conduct that restricts, inhibits, or interferes with any other User's use of the Sites or that may, in the Company's determination, expose any User or third party to harm or liability;
• (g) monitoring, scraping, crawling, spidering, indexing, or otherwise systematically extracting any Content by any automated or semi-automated means;
• (h) developing, training, fine-tuning, evaluating, or otherwise operating any artificial intelligence, machine learning, or generative AI system using any Content, whether or not compensation is offered;
• (i) disabling, overloading, damaging, or impairing the Sites or any associated server, network, or database, including by way of a denial-of-service attack, distributed denial-of-service attack, or introduction of malware, virus, Trojan, worm, logic bomb, or any other malicious code;
• (j) attempting to gain unauthorised access to any part of the Sites or any account, system, or network connected to the Sites;
• (k) reverse-engineering, decompiling, or otherwise attempting to extract the source code or underlying architecture of the Sites or any software forming part of the Sites.
11.2 Prohibited Content. User Contributions must not:
• (a) be defamatory, libellous, or constitute malicious falsehood under applicable law;
• (b) be obscene, pornographic, sexually explicit, or indecent;
• (c) promote, incite, or glorify violence, terrorism, or any unlawful act;
• (d) be harassing, threatening, bullying, or constitute stalking of any individual;
• (e) be bigoted, hateful, or constitute hate speech on the basis of race, religion, ethnicity, nationality, gender, sexual orientation, disability, or any other protected characteristic;
• (f) infringe any Intellectual Property Rights, including copyright, trademark, or trade secret, of any third party;
• (g) violate the privacy, publicity, or personal data rights of any individual;
• (h) contain or constitute misinformation, fabricated facts, or deliberate falsehoods about any individual, public event, or Company reporting;
• (i) be generated, in whole or in part, by artificial intelligence, automated text generation, large language models, or other synthetic means;
• (j) contain unsolicited commercial advertising, affiliate links, promotional content, hyperlink-dumping, or solicitation of any kind;
• (k) relate to, comment on, discuss, or target the Company's advertising relationships, commercial sponsors, or advertising content on the Sites;
• (l) offer securities for sale, barter, or exchange, or constitute a solicitation of investment;
• (m) involve gambling, lotteries, pyramid schemes, multi-level marketing, or chain letters;
• (n) impersonate any individual or misrepresent affiliation with any person or organisation;
• (o) be submitted by automated means, bot, script, or any tool other than manual input by a natural person using an authorised account;
• (p) violate any applicable export control, sanctions, or trade restriction laws.
11.3 Consequences. A violation of this Section 11 may result in immediate suspension or termination of your account, removal of your User Contributions, and civil, criminal, and/or administrative penalties under applicable law. You acknowledge that the Company may refer any suspected unlawful conduct to the relevant law enforcement or regulatory authority.

12. DMCA COPYRIGHT INFRINGEMENT POLICY

12.1 The Company respects Intellectual Property Rights and will respond to properly submitted notices of alleged copyright infringement in accordance with the DMCA and applicable law.
12.2 Filing a Notice. If you believe that any Content on the Sites infringes your copyright, you may submit a written notice to the Company's designated copyright agent containing the following:
• (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the allegedly infringed copyright;
• (b) identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are involved);
• (c) identification of the allegedly infringing material and information sufficient to permit the Company to locate it on the Sites;
• (d) contact information for the complaining party (name, address, telephone number, and e-mail address);
• (e) a statement of good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law;
• (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorised to act on behalf of the copyright owner.
12.3 Designated Agent. Notices to the Company under these Terms shall be in writing and sent to:
• Privilege Press Legal Department
• legal@openprivilege.com
12.4 Counter-Notice. If you believe that your User Contribution was removed in error, you may submit a counter-notice in accordance with the DMCA, 17 U.S.C. § 512(g). Submission of a false counter-notice may subject you to liability.
12.5 Misrepresentation. Any person who knowingly materially misrepresents that material is infringing or was removed by mistake may be liable for damages under Section 512(f) of the DMCA, including costs and attorneys' fees.
12.6 Repeat Infringers. The Company maintains a policy of terminating the accounts of Registered Users who are repeat infringers of third-party copyright.

13. DISCLAIMER REGARDING FINANCIAL, INVESTMENT, AND PROFESSIONAL INFORMATION

13.1 No Professional Advice. All Content on the Sites is provided for general informational and editorial purposes only. The Sites do not provide, and nothing on the Sites constitutes or should be construed as, investment advice, financial planning advice, legal advice, tax advice, accounting advice, medical advice, or any other form of professional advice. The Company is a publisher, not a licensed broker-dealer, investment adviser, financial institution, or professional services firm, and is not registered as such with any regulatory authority including, without limitation, the Monetary Authority of Singapore ("MAS"), the U.S. Securities and Exchange Commission ("SEC"), or the Financial Industry Regulatory Authority ("FINRA").
13.2 No Recommendation. No Content on the Sites constitutes a recommendation that any particular investment, security, portfolio, transaction, or strategy is suitable for any specific person. Any expression of opinion by an author or contributor is that author's or contributor's own view and does not reflect the view of the Company.
13.3 Conflict of Interest Disclosure. Authors and contributors may hold interests in securities or other instruments discussed in their Content. The Company does not represent or warrant that any disclosure of conflicts of interest by any contributor is complete or accurate. You should make your own enquiries before relying on any Content for any financial purpose.
13.4 No Warranties as to Accuracy. The Company makes no representation or warranty as to the accuracy, completeness, timeliness, reliability, or suitability of any Content for any purpose. All Content is provided on an "as is" basis. Any reliance you place on Content is entirely at your own risk.
13.5 Seek Professional Advice. Before making any investment, financial, legal, medical, or other significant decision, you should seek independent professional advice from a suitably qualified adviser.

14. REPORTS OF VIOLATIONS

14.1 If you believe that any Content on the Sites violates these Terms, you may notify the Company at legal@openprivilege.com. The Company does not guarantee that any action will be taken in response to such a report.

15. MINOR USERS AND REMOVAL OF USER CONTRIBUTIONS

15.1 The Sites are not directed at children under the age of thirteen (13). If you are under the age of thirteen (13), you must not use the Sites, create an account, submit any User Contribution, or provide any Personal Data to the Company. If the Company becomes aware that Personal Data has been collected from a child under thirteen (13) without verifiable parental consent, it will take reasonable steps to delete such data in accordance with applicable law.
15.2 Removal Requests by Minor Registered Users. A Registered User who is under the age of eighteen (18) may request removal of their User Contributions by contacting legal@openprivilege.com and providing:
• (a) the URL of the relevant User Contribution;
• (b) the date and time of posting;
• (c) the contents of the User Contribution; and
• (d) sufficient information to verify their status as a Registered User.
15.3 Scope of Removal. Removal of a User Contribution from active display does not guarantee complete removal from the Company's servers, archives, or backup systems. The Company may retain User Contributions in anonymised form. The Company is not responsible for User Contributions that have been cached, copied, or reposted by third parties. Retention obligations imposed by law, court order, or other legal process take precedence over any removal request.

16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

16.1 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, ALL CONTENT, AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
• (a) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• (b) ANY WARRANTY THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• (c) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR SUITABILITY OF ANY CONTENT;
• (d) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED.
16.2 Exclusion of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH:
• (a) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR ANY CONTENT;
• (b) ANY THIRD-PARTY CONTENT, USER CONTRIBUTIONS, OR LINKED THIRD-PARTY SITES;
• (c) ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• (d) ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT;
• (e) ANY LOSS OR DAMAGE CAUSED BY MALWARE, VIRUSES, DENIAL-OF-SERVICE ATTACKS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL;
WHETHER SUCH LIABILITY IS ALLEGED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
16.3 Categories of Excluded Loss. WITHOUT LIMITING SECTION 16.2, THE COMPANY SHALL NOT BE LIABLE FOR ANY:
• (a) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• (b) LOSS OF PROFIT, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, OR DATA;
• (c) PERSONAL INJURY OR EMOTIONAL DISTRESS.
16.4 Cap on Liability. TO THE EXTENT THAT ANY APPLICABLE LAW PREVENTS THE COMPLETE EXCLUSION OF LIABILITY, THE COMPANY'S AGGREGATE LIABILITY TO YOU IN RESPECT OF ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITES SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED SINGAPORE DOLLARS (SGD 100).
16.5 Non-Excluded Liability. Nothing in these Terms shall operate to exclude or limit any liability that cannot lawfully be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence.
16.6 No Liability as Financial Intermediary. The Company is not and shall not be construed as an investment adviser, broker-dealer, financial intermediary, or exchange. No provision of the Sites or Content shall be construed as the provision of regulated financial services.

17. DISPUTE RESOLUTION

17.1 Informal Resolution. In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, the Sites, or any Content (a "Dispute"), the parties agree to first attempt to resolve the Dispute in good faith by negotiation. Either party may initiate this process by providing written notice to the other describing the nature of the Dispute, the specific relief sought, and the factual basis for the claim. The parties shall have thirty (30) days from receipt of such notice to resolve the Dispute informally (the "Negotiation Period"). Any applicable limitation period shall be tolled during the Negotiation Period.
17.2 Mandatory Pre-Arbitration Requirement. Initiation of arbitration proceedings before the expiry of the Negotiation Period, or without providing the required written notice, shall constitute a material breach of these Terms and shall be a ground for the arbitral tribunal to dismiss or stay the proceedings and to award costs against the non-complying party.
17.3 Arbitration. If a Dispute is not resolved during the Negotiation Period, the Dispute — including any question as to the existence, validity, or termination of these Terms or this arbitration clause ("Claim") — shall be referred to and finally resolved by binding arbitration administered by the SIAC in accordance with the SIAC Rules for the time being in force, which Rules are deemed incorporated by reference into this Section 17. The seat of arbitration shall be Singapore. The language of arbitration shall be English. The number of arbitrators shall be one (1) for Claims below SGD 1,000,000 and three (3) for Claims of SGD 1,000,000 or above. The arbitral award shall be final and binding on the parties.
17.4 Class Action and Collective Relief Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY WAIVES THE RIGHT TO BRING CLAIMS, BUT EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN OR RECEIVE ANY RELIEF FROM ANY CLASS ACTION, CONSOLIDATED ACTION, COLLECTIVE PROCEEDING, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE WITH RESPECT TO ANY PARTICULAR CLAIM, THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND LITIGATED IN A COURT OF COMPETENT JURISDICTION; THE WAIVER SHALL REMAIN IN FULL EFFECT AS TO ALL OTHER CLAIMS.
17.5 Exceptions. Notwithstanding Section 17.3, either party may seek emergency or interim relief, including injunctions and other equitable remedies, from any court of competent jurisdiction to preserve rights pending the constitution of the arbitral tribunal. The Company may also bring proceedings in any court of competent jurisdiction to protect its Intellectual Property Rights or enforce a monetary award of the arbitral tribunal.
17.6 Confidentiality. All arbitral proceedings, submissions, evidence, and awards shall be kept strictly confidential by both parties, except to the extent necessary to enforce an award or as required by law or applicable regulatory requirements.
17.7 Governing Law of the Arbitration Agreement. The arbitration agreement in this Section 17 shall be governed by Singapore law, including the International Arbitration Act 1994 (Cap. 143A) of Singapore, as amended.
17.8 Opt-Out. A Registered User who does not wish to be bound by the arbitration agreement in Section 17.3 may opt out within thirty (30) days of first creating a Registered User account by providing written notice to the Company at legal@openprivilege.com with the subject line "Arbitration Opt-Out," including the Registered User's name, account e-mail address, and a clear statement of their intention to opt out. An opt-out does not affect the application of Section 17.4 (class action waiver) to any Claim not subject to arbitration, nor any other provision of these Terms.

18. GOVERNING LAW

18.1 These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Singapore, without regard to conflict of laws principles.
18.2 Subject to Section 17, any dispute that is not submitted to arbitration, or that is submitted to a court pursuant to Section 17.5, shall be subject to the exclusive jurisdiction of the courts of Singapore, and the parties hereby irrevocably submit to and accept such jurisdiction.
18.3 Jurisdiction-Specific Compliance. The Company makes no representation that the Sites or Content are appropriate or lawful for access from any particular jurisdiction. Users who access the Sites from outside Singapore do so on their own initiative and are solely responsible for compliance with applicable local laws. The Company reserves the right to geo-restrict access to the Sites or any part thereof in any jurisdiction at any time.

19. INDEMNIFICATION

19.1 You agree to indemnify, defend, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, agents, licensors, service providers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, losses, damages, judgments, awards, liabilities, costs, and expenses (including reasonable legal fees on a full indemnity basis) arising out of or relating to:
• (a) your access to or use of the Sites;
• (b) any User Contribution you submit, post, transmit, or otherwise make available;
• (c) any breach by you of these Terms or any representation or warranty made by you herein;
• (d) any violation by you of any applicable law or regulation;
• (e) any infringement by you of any third party's Intellectual Property Rights or other rights; or
• (f) any claim by any third party that your User Contribution is unlawful, infringing, or otherwise causes loss to that third party.
19.2 The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with the Company in asserting any available defences.
19.3 You shall not settle any claim subject to this Section 19 without the Company's prior written consent, which shall not be unreasonably withheld.

20. MISCELLANEOUS

20.1 Entire Agreement. These Terms, together with the Privacy Policy, Community Guidelines, Terms of Sale (where applicable), and any applicable Contributor Agreement, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, negotiations, representations, and agreements, whether oral or written.
20.2 Severability. If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
20.3 No Waiver. No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any further exercise of that or any other right or remedy. A waiver shall only be effective if given in writing and signed by an authorised representative of the Company.
20.4 Assignment. The Company may assign, transfer, novate, or otherwise deal with any of its rights and obligations under these Terms to any Affiliate, successor, or purchaser of all or substantially all of the business or assets to which these Terms relate, without your consent and without notice. You may not assign, transfer, or novate any of your rights or obligations under these Terms without the prior written consent of the Company. Any purported assignment in breach of this Section 20.4 shall be void.
20.5 Notices. Notices to the Company under these Terms shall be in writing and sent to:
• Privilege Press Legal Department
• legal@openprivilege.com
Notices to you shall be sent to the e-mail address associated with your account or posted to the Sites. Notices shall be deemed received: (a) if by e-mail, on the next Business Day after transmission; (b) if by post, five (5) Business Days after posting; (c) if posted to the Sites, on the date of posting.
20.6 Third Party Rights. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms under any applicable law, including the Contracts (Rights of Third Parties) Act 2001 of Singapore, except that the Indemnified Parties named in Section 19 may enforce the indemnity in Section 19 directly.
20.7 Relationship of the Parties. Nothing in these Terms shall create or be deemed to create a partnership, joint venture, agency, employment, or franchise relationship between you and the Company. You have no authority to enter into commitments or make representations on behalf of the Company.
20.8 Force Majeure. The Company shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by any event beyond the Company's reasonable control, including acts of God, war, civil unrest, government action, strikes, labour disputes, telecommunications failure, or internet outages (each, a "Force Majeure Event"). The Company shall use reasonable endeavours to mitigate the effects of any Force Majeure Event and shall resume performance as soon as reasonably practicable.
20.9 Language. These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
20.10 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

21. DATA COLLECTION, PRIVACY, AND REGULATORY COMPLIANCE

21.1 Privacy Policy. The collection, use, disclosure, retention, and protection of Personal Data in connection with your use of the Sites is governed by the Company's Privacy Policy, which is incorporated into these Terms by reference. By using the Sites, you consent to the collection and processing of your Personal Data in accordance with the Privacy Policy.
21.2 Singapore PDPA Compliance. The Company processes Personal Data in compliance with the Singapore Personal Data Protection Act 2012, including the obligation to obtain consent before collecting Personal Data, to notify individuals of the purpose of collection, and to implement reasonable security arrangements. You may direct data access and correction requests, and consent withdrawal requests, to legal@openprivilege.com.
21.3 SEA Jurisdiction Compliance. To the extent that the Company collects or processes the Personal Data of individuals located in other SEA jurisdictions, the Company shall comply with the applicable data protection laws of those jurisdictions, including without limitation:
• (a) Thailand: the Personal Data Protection Act B.E. 2562 (2019) ("Thailand PDPA");
• (b) Philippines: the Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules;
• (c) Indonesia: Law No. 27 of 2022 on Personal Data Protection ("Indonesia PDP Law");
• (d) Malaysia: the Personal Data Protection Act 2010 (Act 709).
Users located in the above jurisdictions may have specific rights under applicable local law, including rights of access, correction, erasure, and data portability, and may direct such requests to legal@openprivilege.com.
21.4 Cookies and Tracking. The Company uses cookies, pixel tags, web beacons, and similar tracking technologies in connection with the Sites. Your use of the Sites constitutes consent to the use of such technologies in accordance with the Privacy Policy and the Company's Cookie Policy.
21.5 No Sale of Personal Data. The Company does not sell Personal Data in exchange for monetary consideration. The Company may share Personal Data with trusted service providers and Affiliates in accordance with the Privacy Policy.

22. CONTACT

22.1 If you have any feedback, comments, or questions relating to these Terms of Service or the Sites, please e-mail questions to legal@openprivilege.com.