Privacy Policy Statement

Statement of policy

We respect personal data privacy and are committed to fully implementing and complying with the data protection principles and all relevant provisions under the Personal Data (Privacy) Ordinance.

When we collect personal data from individuals, we will provide them with a Personal Information Collection Statement on or before the collection in an appropriate format and manner.

Statement of practice

Kinds of Personal Data Held

4 board categories of personal data are held in Gekko Lab. They are personal data contained in:

Gekko Lab Service Subscription Form, which may include records containing information supplied by data subjects and data users and collected in connection with registering users and subscribing to the services offered by Gekko Lab;

Personnel records, which include job applications and Gekko Lab staff personal details, job particulars, details of salary, payments, benefits, leave and training records, group medical and dental insurance records, mandatory provident schemes participation, performance appraisals, and disciplinary matters, etc;

Other records, which include administration and operational files, personal data provided to Gekko Lab from individuals for participating in promotional activities, records relating to educational and training activities organised by Gekko Lab, newsletters subscriptions, data relating to consultancy services, compliance check records, matching procedure applications and enquiries from the public, etc; and

Records collected on webservers, which include email addresses (whereas they constitute personal data under specific circumstances that the addresses can be used to identify an individual) collected for newsletter subscription and/or receiving services provided by Gekko Lab.

Main Purposes of keeping Personal Data

Personal data held in:

Gekko Lab Service Subscription Form are kept for the purposes of processing application and/or subscription to our services;

Personnel records of employees are kept for recruitment and human resource management purposes, relating to such matters as employees' appointment, employment benefits, termination, performance appraisal and discipline, etc;

Other records are kept for various purposes which vary according to the nature of the record, such as administration of office functions and activities, seeking advice on policy or operational matters, organising and delivering promotional, educational and training activities, acquisition of services, subscription of publications, handling of compliance checks, data matching procedure applications, carrying out enquiries from the public, etc; and

Records collected on webservers are kept for the purpose of sending newsletters to subscribers registered through the websites and/or communication of services provided by Gekko Lab.

Any information we collect from you during the course of the services provided to you by Gekko Lab may be used in one of the following ways: (i) to personalise your experience when using our services; and (ii) processing for statistical purposes.

Your information, whether public or private, will not be sold, exchanged or transferred, or given to any other company for any reason, without your consent, other than for the express purpose of delivering the purchased services or product.

Cookies are small files that a site or service provider transfers to your computer hard drive through your web browser (if you allow) that enables the site or service provider to recognise your browser and capture and remember certain information. We use cookies for authentication during certain processes such as login.

When you log in to your accounts under the service(s) provided to you on our website, you can choose to stay signed-in for up to 90 days on that browser. To do that, we have to place an authentication token in a "cookie" in your browser. The token does not itself contain identifiable information, it is just a random 128-bit number converted into a string. We store a one-way cryptographic hash of the token, so that we can recognise your browser and open a session when you visit the site. When you log out, all your tokens in all your browsers are voided. Cookies are only exchanged over secure (HTTPS using TLS) links.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or to protect ours or others rights, property, or safety.

This online privacy policy applies only to information collected through our website and not to information collected offline.

If we decide to change our privacy policy, we will post those changes on this page.

Protection measures

We implement a variety of security measures to maintain the safety of your personal information. We offer the use of a secure server. Your personal information and data will only be kept for as long as is necessary to fulfil the purpose for which such personal information and data are collected.

This server is based in Singapore. We manage it from wherever we are in the world, and you view it from wherever you are in the world.

Data access and correction

You should make your data access request by completing the Data Access Request Form (OPS003)(www.pcpd.org.hk/english/resources_centre/publications/forms/files/Dforme.pdf) and sending the completed Form directly to the Data Protection Officer by email at info@gekko.ai.

When handling a data access or correction request, Gekko Lab will check the identity of the requester to ensure that he/she is the person legally entitled to make the data access or correction request. A fee is chargeable by Gekko Lab for complying with a data access request.

Enquiries

Any enquiries regarding personal data privacy policy and practice may be addressed to the Data Protection Officer via email at info@gekko.ai or on telephone number 3618 6140 during office hours.

We keep our privacy policy statement under regular review. This statement was last updated on 1 March 2019.

Gekko Lab Terms of Service

Thank you for choosing Gekko Search and/or Gekko Graph (Web Package) software. These Terms of Service (“Terms”) are intended to explain our obligations as a service provider and Your obligations as an Authorized User and/or the Subscriber. Please read them carefully.

These Terms are binding on any use of the Service(s) and apply to You effective from 1 April 2019.

Gekko Lab Service(s) will evolve over time based on our user feedback. These Terms are not intended to answer every question or address every issue raised by the use of Gekko Lab Service(s). Gekko Lab reserves the right to change these Terms at any time, effective upon the posting of modified terms and Gekko Lab will make every effort to communicate these changes to You via email or notification via the Website. It is likely these Terms will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms available on the Website.

You warrant that where You are using the Service(s) on behalf of another person or entity, You have the authority to agree to the Terms on behalf of that person or entity and agree that by using the Service(s) You bind the person or entity on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

1 INTRODUCTION

1.1 Notice to Subscriber

Once Subscriber signed the Gekko Lab Service Subscription Form (whether by electronic, digital or other means), it is deemed to have read, understood and agree to abide by the Terms contained in this Agreement (including the amendments issued from time to time).

1.2 Definitions

“Agreement” means these Terms of Service;

“Content” includes without limitation any content, software, data, information, messages and all textual, audio, video, still image, graphical, translation text and other contents or materials that can be accessed by or through the Service(s);

“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service(s) but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party;

“Data” means any data inputted by You or with Your authority into the Website;

“Fee Schedule” means the information relating to Subscription Fees and payment terms set out on the Gekko Lab Service Subscription Form signed by the Subscriber and the information therein may be subject to change after each Subscription Period;

“Gekko Lab” means Gekko Artificial Intelligence Limited which is a limited company in Hong Kong and all current and future global subsidiaries of Gekko Artificial Intelligence Limited;

“Information Service” means a news, information, finance, bill payment, online commerce transaction, graphic, or other content service made available by Gekko Lab to the Subscriber from time to time;

“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;

“Authorized User” means any person or entity, other than the Subscriber, that uses the Service with the authorization of the Subscriber from time to time, or any person or entity, invited by Gekko Lab, to use the Service(s) in the case of trial Service(s);

“Service” means the software as a service (as may be changed or updated from time to time) provided by Gekko Lab, which the Subscriber and/or the Authorized User wishes to access via the Website;

“Service Subscription Form” means a subscription form made available to the Subscriber in order to subscribe the Service(s) offered by Gekko Lab;

“Sources” means all Content suppliers including but not limited to The Hong Kong Exchanges and Clearing Limited, and other exchanges and specialist data providers, as well as translators whose Content is contained with the Service(s);

“Subscriber” means any company, firm, partnership or individual represented on the Gekko Lab Service Subscription Form registers to subscribe the Service(s);

“Subscription Fees” means any subscription fee which is payable by the Subscriber as listed on the Gekko Lab Service Subscription Form associated with the Subscriber’s and their Authorized User(s)’ use and/or access to the Service(s) together with such other third party charges, access fees and other fees and charges as may be charged by Gekko Lab from time to time, and whether or not as agent, for the Subscriber’s and their Authorized User(s)’ use and/or access to the Service(s) (and any other person’s use and/or access to the Service(s) where such person was able to access the Service(s) by using the Username and Password) and/or the on-line delivery of Content;

“Subscription Period” means the period for which Subscriber has paid or obligated to pay the relevant Subscription Fee to Gekko Lab and/or its marketing agents in order to receive the Service(s) during the period;

“Website” means the Internet site at the domain https://gekko.ai or any other site operated by Gekko Lab;

“Username and Password” means any unique user identifier(s) issued by Gekko Lab to the Subscriber and/or their Authorized User(s) for gaining access to the Service(s);

“You” means the Subscriber, and where the context permits, an Authorized User. “Your” has a corresponding meaning.

2 OBLIGATIONS AND RIGHTS

2.1 Obligations and Rights of Gekko Lab

2.1.1 In consideration the Subscriber paying to, and Gekko Lab receiving, all sums due and owing under this Agreement, Gekko Lab shall grant You and Your Authorized User(s) the right to access and use the Service(s) via the Website according to Your Service(s) subscription. This right to access to the Service(s) is non-exclusive, non-transferable, and limited by and subject to this Agreement and subject to any and all copyright notices or restrictions applicable to the Service(s) and its Content and such right shall not permit local area network or wide area network distribution of Content and is for the Subscriber’s and their Authorized User(s)’ use only. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Authorized Users, or any other applicable laws:

2.1.1.1 the Subscriber has the right to determine who is the Authorized User for the Service(s) subscribed and what level of access that the Authorized User has;

2.1.1.2 the Subscriber is responsible for all Authorized Users’ use of the Service(s);

2.1.1.3 the Subscriber controls each Authorized User’s level of access to the Service(s) at all times and can revoke or change an Authorized Users’ access or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorized User or shall have that different level of access, as the case may be;

2.1.1.4 if there is any dispute between the Subscriber and an Authorized User regarding access to the Service(s), the Subscriber shall decide what level of access to the Service(s) that the Authorized User shall have, if any.

2.1.2 With reference to Clause 2.1.1, Gekko Lab shall authorize the Subscriber and its Authorized User(s) with Username and Password to access the Service(s).

2.1.3 Gekko Lab reserves the right at all times to (i) immediately suspend the Subscriber’s and/or their Authorized User(s) access to the Service without notice, where Gekko Lab is of the opinion that the Subscriber and/or their Authorized User(s) has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the reasonable opinion of Gekko Lab; (ii) amend the Subscription Fees or introduce new fees or amend any of the terms and conditions of this Agreement which amendments shall be notified to the Subscriber by posting them on-line or deliver them by electronic mail / electronic means and which shall usually take effect from the next Subscription Period, in the case of amendment of Subscription Fee and introduction of new fees, unless otherwise communicated and agreed. If Subscriber and their Authorized User(s) continually use of the Service(s) or not terminate the Service(s) according to Clause 4.2, Subscriber will be deemed to accept the amendments.

2.1.4 Gekko Lab may, at its absolute discretion and at any time, add, amend, alter or remove, without prior notice to the Subscriber and/or its Authorized User(s), the presentation, substance, functionality of any Content.

2.2 Obligations and Rights of the Subscriber

2.2.1 Subscriber shall pay all Subscription Fees due to Gekko Lab in accordance with the terms of this Agreement and specified in and in accordance to the Fee Schedule set out in the Gekko Lab Service Subscription Form. Unless otherwise provided, Subscription Fees are based on the Service(s) subscription and not actual usage. Subscriber’s payment obligations are non-cancelable.

2.2.2 Gekko Lab may collect from the Subscriber all royalties and fees imposed by Sources which supply data to Subscriber and/or its Authorized User. Subscriber understands that the fees charged by such Sources may change from time to time and agrees to pay the effective amount incurred during the Subscription Period.

2.2.3 Subscriber shall inform Gekko Lab within 10 days of any change in name, address or billing information provided by the Subscriber to Gekko Lab.

2.2.4 Subscriber hereby acknowledges that the Service(s) and the Content are proprietary to and/or the copyright of Gekko Lab and/or Gekko Lab’s holding companies, subsidiary companies or associated companies and/or Sources and are for use solely by the Subscriber, and the Content provided by the Service(s) may not be copied, manipulated, republished or redistributed to third parties in any form by any means without the prior written consent of Gekko Lab and, where necessary, the Sources.

2.2.5 Subscriber shall forthwith notify Gekko Lab in writing of any misuse of, or infringement of, the copyright of any Content.

2.2.6 The Subscriber will not trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of Gekko Lab’s servers, its Content and/or any data areas for which the Subscriber has not been authorized by Gekko Lab.

2.2.7 The Subscriber shall not assign, transfer or sub-license all or any part of its rights or obligations under this Agreement.

2.2.8 For Service(s) that are designated to Mainland China Subscriber, Subscriber is required to provide a copy of the personal identity document and a valid address proof to Gekko Lab prior to using the Service to prove that the Subscriber and their Authorized User(s) resides in Mainland China (Hong Kong, Macau, and Taiwan are not included).

2.2.9 Service(s) Subscription Fees does not include mobile telecommunications service fee and/or internet service fee of any technical standards collected by mobile network service provider. Subscriber should apply those services separately.

2.3 General Obligations

2.3.1 You must only use the Service(s) and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Gekko lab or condition posted on the Website. You may use the Service(s) and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services provided comply with and accept all terms of this Agreement that apply to You. It is Your sole responsibility to determine that the Service(s) meet the needs of Your Business and are suitable for the purposes for which they are used.

2.3.2 You acknowledge that You are authorized to use the Service(s) and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person You have authorized to use the Service(s). You also acknowledge that You are authorized to access the processed information and Data that is made available to You through Your use of the Website and the Service(s) (whether that information and Data is Your own or that of anyone else).

2.3.3 You warrant and represent that You are acquiring the right to access and use the Service(s) for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service(s), the Website or these Terms.

3 DISCLAIMER OF WARRANTY, LIMITATIONS OF LIABILITY AND INDEMNITY

3.1 Disclaimer of Warranty

3.1.1 Subscriber and any Authorized User(s) expressly acknowledges and agrees that the Service(s) is provided to it on an “as is” basis and that its use of its Content is at its sole risk. Only part of the Service(s) is translated and provided as a convenience only. Translation may be imprecise and inaccurate in whole or in part while reasonable effort is made to ensure the accuracy of the translation. Neither Gekko Lab nor the Sources make any warranty of any kind whatsoever (save for those expressly stated in this Agreement) relating to the Service(s) including any Content furnished through the Service(s), express or implied, including without limitation, non-infringement of third party rights or merchantability or fitness for any particular purpose of use. Gekko Lab and the Sources endeavor to ensure the accuracy and reliability of the Content provided but do not guarantee its accuracy or reliability and accepts no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.

3.1.2.1 The Content contained in the Service(s) is provided for information and reference purposes only and does not constitute or form part of any offer, or invitation, to subscribe for or to sell, or solicitation of any offer to subscribe for or purchase, any financial products (include but not limited to securities, futures, options, warrants, callable bull/bear contracts or other structured products listed on The Stock Exchange of Hong Kong Limited and/or other exchange described in the Service(s)). Nothing contained in the Service(s) shall form the basis of any contract or commitment whatsoever. Content contained in the Service(s) should not be considered as investment advice or any form of recommendation to purchase or sell any financial products.

3.1.2.2 Any indicative pricing levels, disclosure materials, valuations and other analysis published in the Service(s) have been prepared on assumptions and parameters that reflect good faith determinations. The assumptions and parameters used are not the only ones which could have reasonably been selected, and accordingly, no guarantee is given in respect of the accuracy, reasonableness or completeness of such quotations, disclosure or analysis. No representation or warranty is made that any indicative return or performance will be achieved in the future. Such information do not constitute investment advice by Gekko Lab and are for information purposes only.

3.1.2.3 When You refer to the information contained in the Service(s), You should understand and comprehend Your investment objectives and related investment risks (in any). You should also consult Your independent financial advisors before investing.

3.1.3 Neither Gekko Lab, nor any of its directors, officers or employees, translators, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that You incur in the event of any failure or interruption of the Service(s), or resulting from the act or omission of any other party involved in making the Service(s) or the data contained therein available to the Subscriber and/or its Authorized User(s), or from any other cause relating to the Subscriber’s and/or its Authorized User(s) access to, inability to access, or use of the Service(s) or materials, whether or not the circumstances giving rise to such cause may have been within the control of Gekko Lab or of any vendor providing software or services support.

3.1.4 Communications over the Internet are not secure. Information contained in the Service(s) may be intercepted, lost, destroyed or delayed in transmission. Gekko Lab will take reasonable measures to minimize related risk, but do not accept any liability for any such occurrence and do not warrant that any communication or attachments or the software will be free from viruses, worms or other harmful components.

3.1.5 Gekko Lab does not warrant that the use of the Service(s) will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service(s), including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service(s). Gekko Lab is not in any way responsible for any such interference or prevention of Your access or use of the Service(s).

3.1.6 Gekko Lab gives no warranty about the Service(s). Without limiting the foregoing, Gekko Lab does not warrant that the Service(s) will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

3.2 Limitations of Liability

3.2.1 Neither Gekko Lab nor the Sources shall be liable to the Subscriber or anyone for any direct, indirect, consequential or incidental loss, cost or damage, nor any special or punitive damage, or injury caused in whole or in part by Gekko Lab’s or the Sources’ negligence in procuring, compiling, interpreting, editing, reporting or delivering any Content. In no event will Gekko Lab or the Sources be liable to the Subscriber or anyone for any direct, consequential, incidental, special or punitive damage, including any lost profits or lost savings, or for any third party claim of any nature whatsoever related to the Service(s) and/or its use.

3.2.2 Notwithstanding the foregoing, Gekko Lab’s total liability for damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will in no event exceed the Subscription Fees paid by the Subscriber to Gekko Lab in the previous 3 months.

3.2.3 Subscriber will indemnify Gekko Lab and the Sources, their servants and agents, and hold Gekko Lab and the Sources, their servants and agents, harmless against all claims, liability, losses, damages and expenses, including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against Gekko Lab and the Sources, their servants and agents, as a result of the use by the Subscriber and/ or its Authorized User(s) of the Content or part thereof.

3.2.4 Gekko Lab and the Sources shall not be under any liability whatsoever (whether in tort or contract or otherwise) to any Subscriber or to any person for any costs, expenses, losses, damages or compensation arising out of or in connection with any incompleteness, inaccuracy, error, omission, misstatement, delay or failure of transmission, communication, or storage of any message, data or information, or the divulging or destruction of any message, data or information.

3.2.5 While reasonable effort is made to ensure the accuracy of the translation, any translation of the Service may be imprecise and inaccurate in whole or in part. No liability and no responsibility are assumed by either Gekko Lab or the Source for any errors, omissions, or ambiguities in the translations or other information provided by the Service.

3.3. Indemnity

3.3.1 You will indemnify Gekko Lab against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have on Gekko Lab, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but not have been paid by You.

3.3.2 Gekko Lab has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Service(s) or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

  • You are responsible for ensuring that You have the right to do so;
  • You are responsible for authorizing any person who is given access to the information or Data, and you agree that Gekko Lab has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
  • You will indemnify Gekko Lab against any claims or loss relating to:
    • Gekko Lab’s refusal to any person and/or entity to access to Your information or Data in accordance with these Terms;
    • Gekko Lab making available information or Data to any person and/or entity with Your authorization.

4 TERM AND TERMINATION

4.1 Trial Policy

When You first sign up and/or register or being invited for access to the Service(s) You can evaluate the Service(s) under the defined trial usage conditions, with no obligation to continue to use the Service(s). If You choose to continue using the Service(s) thereafter, You are required to submit Gekko Lab Service Subscription Form for process and You will be billed in accordance to the Fee Schedule set forth therein.

4.2 Term

When the Subscriber signs the Gekko Lab Service Subscription Form, this Agreement will come into effect and remain in force until the termination of this Agreement. Unless this Agreement is terminated in accordance with clause 4.3 below, this Agreement will be automatically renewed at the end of each Subscription Period and will remain in effect for each renewed Subscription Period.

4.3 Termination and Effect

4.3.1 If You wishes to terminate this Agreement, You must fill out the “Gekko Lab Service Termination Form” and return the completed form to Gekko Lab according to the instruction stated on the termination form at least 30 days before the end of the Subscription Period. These Terms will continue for the period covered by the Subscription Fees paid or payable under Clause 2.1.1. At the end of each Subscription Period these Terms will automatically continue for another period of the same duration as that Subscription Period, provided You continue to pay the prescribed Subscription Fees in accordance with the Fee Schedule, unless either party terminates under these Terms. Gekko Lab does not accept termination of this Agreement by telephone. If You elect to terminate these Terms and the Service(s) by providing 30 days advance notice, You will be liable to pay all relevant Subscription Fees up to and including the last day of the Subscription Period.

4.3.2 Gekko Lab may terminate this Agreement forthwith at any time by notice to the Subscriber if the Subscriber breaches any term of this Agreement or if the Subscriber’s and/or their Authorized User(s)’ use of or actions in connection with the Service(s) are inappropriate in the reasonable opinion of Gekko Lab.

4.3.3 Upon the effective date of termination of this Agreement (i) all licenses (if any) and other rights and privileges granted to the Subscriber and/or its Authorized User(s) under the terms of this Agreement shall forthwith cease; and (ii) the Subscriber will not be entitled to a refund of any Subscription Fees which have been paid in advance.

4.4 Refund Policy

4.4.1 This Refund Policy only applies to Services that are directly subscribed from Gekko Lab (excluding its marketing agents).

4.4.2 If the Subscriber prematurely terminates the Agreement and the Service(s) for any reason within the specified Subscription Period, the Subscriber shall pay the remaining fee for the designated Subscription Period as the early termination fee.

4.4.3 Unless otherwise provided, any fees paid will not be refunded if the Subscriber switches to a service plan with a lower monthly fee.

5 INFORMATION SERVICES

The Subscriber and/or its Authorized User(s) acknowledges and agrees that:

5.1 Gekko Lab, translator, Sources, and third party information providers endeavor to ensure the accuracy and reliability of the information but do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omission.

5.2 Gekko Lab is not responsible for the accuracy, completeness, usefulness or timeliness of any Information Service.

5.3 Any views expressed as part of an Information Service are not necessarily those of Gekko Lab.

6 ACCESS CONDITIONS

6.1 You must ensure all Username(s( and Password(s) required to access the Service(s) are kept secure and confidential. You must immediately notify Gekko Lab of any unauthorized use of Your passwords or any other breach of security and Gekko Lab will reset Your password and You must take all other actions that Gekko Lab reasonably deems necessary to maintain or enhance the security of Gekko Lab’s computing systems and networks and Your access to the Service(s).

6.2 As a condition of these Terms, when accessing and using the Service(s), You must:

6.2.1 not attempt to undermine the security or integrity of Gekko Lab's computing systems or networks or, where the Service(s) are hosted by a third party, that third party's computing systems and networks;

6.2.2 not use, or misuse, the Service(s) in any way which may impair the functionality of the Service(s) or Website, or other systems used to deliver the Service(s) or impair the ability of any other user(s) to use the Service(s) or Website;

6.2.3 not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Service(s) are hosted;

6.2.4 not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and

6.2.5 not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service(s) or to operate the Website except as is strictly necessary to use either of them for normal operation.

6.3 Usage Limitations

Use of the Service(s) may be subject to limitations. Any such limitations will be advised.

7 CONFIDENTIALITY AND PRIVACY

7.1 Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

7.2 Each party's obligations under this clause will survive termination of these Terms.

7.3 The provisions of clauses 7.1 and 7.2 shall not apply to any information which:

7.3.1 is or becomes public knowledge other than by a breach of this clause;

7.3.2 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

7.3.3 is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

7.3.4 is independently developed without access to the Confidential Information.

7.4 Privacy

Gekko Lab maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at our home page at https://gekko.ai and You will be taken to have read and accepted that policy when You accept these Terms.

8 INTELLECTUAL PROPERTY

8.1 General

Title to, and all Intellectual Property Right(s) in the Service(s), the Website and any documentation relating to the Service(s) remain the property of Gekko Lab (or its licensors).

8.2 Ownership of Data

Title to, and all Intellectual Property Right(s), in the Data remain Your property. However, Your access to the Data is contingent on full payment of the Subscription Fees when due. You grant Gekko Lab a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Service(s) and for any other purpose related to provision of services to You.

8.3 Backup of Data

You must maintain copies of all Data inputted into the Service. Gekko Lab adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Gekko Lab expressly excludes liability for any loss of Gekko Lab no matter how caused.

9 HELP DESK

9.1 Technical Problems, Reporting Errors and Defects

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Gekko Lab. If You still need technical help, please check the support provided online by Gekko Lab on the Website or email us at support@gekko.ai.

For reporting errors and defects, the Subscriber and/or their Authorized User(s) agree to provide Gekko Lab with the necessary supporting data to isolate the defect and provide for its repair or work around. The supporting data shall include a description of the problem, identification of the platform and operating system on which the problem occured, a copy of the input which caused the defect to be discovered. Errors may be reported by electronic mail to support@gekko.ai.

Gekko Lab will make reasonable efforts to issue patch updates to the subscribed Service(s) outside the normal release schedule to repair priority one defects in the subscribed Service(s). It is considered a priority one defect if the Subscriber has no workaround and the subscribed Service(s) is halted. In the normal course of events, other defects may be repaired in the subsequent releases.

9.2 Service Availability

Whilst Gekko Lab intends that the Service(s) should be available 24 hours a day, seven days a week, it is possible that on occasions the Service(s) or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Gekko Lab has to interrupt the Service(s) for longer periods than Gekko Lab would normally expect, Gekko Lab will use reasonable endeavours to publish in advance details of such activity on the Website.

10 GENERAL

10.1 Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Gekko Lab must be sent to support@gekko.ai or to any other email address notified by email to You by Gekko Lab. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

10.2 Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

10.3 Entire Agreement

These Terms, together with the Gekko Lab Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Service, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Gekko Lab relating to the Service(s) and the other matters dealt with in these Terms.

10.4 Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

10.5 Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

10.6 Personal Data

Subscriber and/or Authorized User(s) have carefully read and understood the Privacy Policy, and agreed to accept the terms and conditions of the Privacy Policy.

10.7 Third Party Rights

The Contract (Third Party Rights) Ordinance (Chapter 623 of the Laws of Hong Kong) does not apply to this Agreement. Any person who is not a party to this Agreement may not enforce this Agreement under the Contract (Third Party Rights) Ordinance.

10.8 Governing Law and General Provisions

10.8.1 The validity construction and performance of this Agreement shall be governed by the laws of Hong Kong Special Administrative Region and all parties hereby submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

10.8.2 If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.