Recago for Businesses Terms of Service

1. Your Relationship with Us

1.1. These Recago For Business Terms of Service (these “Business Terms”) govern your use of Recago’s products and/or services, accessed through your Recago Business Verified Place (“Business Products”). Business Products also include any other Recago products and/or services, where you accept these Business Terms as a condition of access or use. These Business Terms form a legally binding contract between you and Recago.

1.2. For purposes of these Business Terms only, and unless otherwise specified:

“Recago”, “we”, and “us” means either Tastech Pte Ltd, doing business as Recago (“Recago”, “we”, “us”, or “our”), concerning your access to and use of the https://recago.app/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

“You” or “your” means the entity or individual using the Business Products for its business or commercial purposes.

1.3. Your use of the Business Products will constitute acceptance of these Business Terms.

1.4. You must not use the Business Products unless you have full power and authority to enter into, and perform the obligations under, these Business Terms.

1.5. You may use the Business Products only if you have reached the age of majority in your jurisdiction and can enter into a binding contract with us.

1.6. If you are acting on behalf of a legal entity, you represent and warrant that the legal entity is an entity validly existing and in good standing under the laws of its jurisdiction of incorporation or organization.

1.7. If you are legally exempt from certain responsibilities, then those responsibilities may not apply to you under these Business Terms. For example, the United Nations enjoys certain immunities from legal obligations and as such, these Business Terms would not override those immunities.

1.8. In these Business Terms, any phrase introduced by the terms “including”, “include”, “in particular”, “for example” or any similar expression is intended to be illustrative and not limit the words preceding those terms.

2. Your Business Account with Us

2.1. You may need to create one or more verified places with Recago as Business Products (each a “Business Verified Place”). You will ensure that any information you provide to Recago in connection with your Business Verified Place is (and is kept) accurate, up-to-date and complete.

2.2. You agree to keep any usernames or passwords for your Account confidential and secure, and not disclose them to any unauthorized person. If you know of, or suspect, any unauthorized access or use of your Account, you must notify Recago immediately through email: [e-mail]. You must not use or attempt to use another person’s Account without their authorization.

3. Intellectual Property Rights; Content Rights

3.1. Recago Commercial Content

(a) All content in the Business Products, including software, images, text, graphics, illustrations, trademarks, marks, brands, service marks, trade names, logos, photographs, audio, videos and music of the Business Products, and all intellectual property rights related to them (“Recago Business Content”) are owned by or licensed to Recago.

(b) Recago grants to you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide right to access and use the Recago Business Content so that you may use the Business Products for their intended function and purpose, as specified in writing by Recago, and for no other purpose. Recago reserves all rights in the Recago Business Content, which are not expressly granted herein.

(c) You agree that Recago will own any feedback, comments and suggestions for improvements to the Business Products received by Recago in connection with your use of the Business Products (“Feedback”) and can use Feedback without notice, restriction or compensation to you. You hereby assign all right, title, and interest (and waive or, where not possible, agree not to assert any moral rights) that you may have in and to Feedback to Recago.

3.2. Your Content

(a) You confirm and agree that all information, data, content, items and materials in any form which are provided by you, or made available, approved, or linked to by you, including any software, images, text, graphics, illustrations, affiliated names, brand identifiers, logos, trademarks, photographs, audio, videos, music and all related intellectual property rights related to them, including any third-party material, data or content contained therein (“Your Content”) are owned by or licensed to you.

(b) Recago may remove or restrict access to Your Content, if we have reason to believe (i) you are in breach of these Business Terms; or (ii) you cause, or may cause, harm to Recago, its Business Products, its users or other third parties.

License to Recago

(c) By submitting Your Content through the Commercial Products, you grant Recago a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, store, display, publish, distribute, modify and adapt Your Content in order to develop, research, provide, promote, and improve Recago’s products and services.

License to Users

(d) If you are submitting Your Content through the Business Products for the purpose of publication on the Recago app or Recago website you acknowledge and agree that users may use and interact with Your Content on the display sites and elsewhere. For example: (i) liking, commenting on or sharing Your Content; (ii) extracting all or any portion of Your Content to produce their own content; and (iii) retaining Your Content even after your use of the Business Product is complete. You agree that Recago is not responsible for how users use Your Content. Nothing stated herein will limit any other rights you may have, including any actions you may take to defend your intellectual property rights. You hereby grant to Recago a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable right to grant to others the right to use Your Content as described above.

4. Recago Data

4.1. As part of your use of the Commercial Products, you may receive certain data or analytics of Commercial Products (“Recago Data”). You may use Recago Data solely: (a) to plan and manage how you use Business Products; and (b) on an aggregated and anonymized basis to assess the effectiveness and performance of Business Products.

4.2. You agree not to: (a) share Recago Data with any third party; (b) attempt to, or otherwise de-aggregate or de-anonymize Recago Data; or (c) use Recago Data to create or improve profiles or segments relating to any user, device, household, or browser.

4.3. Nothing in this Section 4 is intended to prevent or restrict you from using the Business Products that use Recago Data for their intended function and purpose, as specified in writing by Recago.

5. Termination or Suspension

5.1. Recago reserves the right to suspend, terminate or impose restrictions on your Business Account, or your access to Business Products if Recago:

(a) determines that you are in breach of these Business Terms or that you are about to materially breach these Business Terms;

(b) is legally required to do so;

(c) determines that your use of the Business Products causes or may cause harm or liability whether legal, financial, reputational or otherwise, to other users, a third party, or Recago; or

(d) is reasonably required to do so in response to a serious technical or security issue.

5.2. You may terminate these Business Terms at any time in your sole discretion by ceasing access and use of the Business Products. If you continue or resume use of the Business Products, you agree that such use will be subject to the Business Terms then in effect. You agree to be liable for any fees incurred prior to such termination.

5.3. The provisions of these Business Terms which are expressly or impliedly intended to survive the termination or expiry of these Business Terms will survive such termination.

6. Indemnity

6.1. You agree to defend, indemnify, and hold harmless Recago, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, and agents (“Recago Parties”) from any and all claims, allegations, liabilities, costs, and expenses, including, reasonable attorneys’ fees and expenses, brought or asserted against any of the Recago Parties, arising out of, or relating in any way to Your Content or your breach of these Bussiness Terms (“Indemnified Claims”).

6.2. Without prejudice to Section 11.1, Recago will notify you of any Indemnified Claims it seeks to recover, and at your expense reasonably cooperate with you in defending such Indemnified Claims. You may not settle any Indemnified Claim that imposes any obligation or liability on us without our express written consent.

7. Disclaimers; Exclusion of Warranties

7.1. EXCEPT AS EXPRESSLY SET OUT HEREIN, THE COMMERCIAL PRODUCTS AND DISPLAY SITES ARE PROVIDED “AS AVAILABLE” AND “AS IS” AND RECAGO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND TO YOU WITH RESPECT TO THEM. EXCEPT AS EXPRESSLY SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, RECAGO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, RECAGO DOES NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE COMMERCIAL PRODUCTS WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE COMMERCIAL PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE COMMERCIAL PRODUCTS WILL BE ACCURATE OR RELIABLE; OR THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RECAGO COMMERCIAL TECHNOLOGY WILL BE CORRECTED.

7.2. RECAGO MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE BUSINESS PRODUCTS AND/OR DISPLAY SITES FOR BUSINESS OR OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU. YOU AGREE TO BE LIABLE FOR ANY FEES INCURRED IN CONNECTION WITH YOUR USE OF SUCH BUSINESS PRODUCTS PRIOR TO SUCH SUSPENSION, TERMINATION, OR DISCONTINUATION.

7.3. THE BUSINESS PRODUCTS MAY INTEGRATE WITH OR LINK TO TOOLS, SITES OR RESOURCES PROVIDED BY THIRD PARTIES (FOR EXAMPLE, MEASUREMENT PARTNERS), YOU AGREE THAT YOUR USE OF SUCH THIRD-PARTY SERVICES IS AT YOUR OWN RISK, IS SUBJECT TO THE THIRD-PARTY’S TERMS, AND YOU AGREE TO COMPLY WITH SUCH THIRD-PARTY TERMS.

8. Limitations on Liability

8.1. NOTHING IN THESE COMMERCIAL TERMS WILL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.

8.2. RECAGO AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR (B) ANY LOSS OF PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF DATA, USE, GOODWILL, OR INTANGIBLE LOSSES, EVEN IF RECAGO HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9. Miscellaneous

9.1. Modifications to Commercial Terms. Recago may modify these Business Terms from time to time, so we encourage you to check them regularly for any updates. If Recago makes material changes to the Business Terms then, other than in exceptional circumstances, including in response to urgent changes in security, safety, legal or regulatory requirements, Recago will give you reasonable advance notice of material changes which will impact you and the date they will come into force, such as by email or notifications in your Account. If you do not agree to the modified Business Terms, please cease all access or use of the Business Products. Otherwise, your continued access or use of the Business Products after the updates have become effective will be deemed acceptance of the modified Business Terms. Except as set out in this Section 9.1, no variation of these Business Terms will be valid unless it is in writing and signed by or on behalf of each of the parties.

9.2. Entire Agreement. These Business Terms constitute the entire agreement between you and Recago relating to the subject matter of these Business Terms and replaces any prior agreements between you and Recago in relation to the subject matter of these Business Terms. Each party agrees that it has not entered these Business Terms in reliance upon any statement, representation, covenant, warranty, undertaking or understanding (whether negligently or innocently made) of any person (whether party to these Business Terms or not) except as expressly set out in these Business Terms. Nothing in this Section, however, will exclude any liability on the part of either party for fraud or fraudulent misrepresentation.

9.3. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Business Terms is invalid, then that provision will be removed from the Business Terms without affecting the rest of the Business Terms, and the remaining provisions of the Business Terms will continue to be valid and enforceable.

9.4. Assignments. These Business Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you without Recago’s prior written consent. These Business Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.

9.5. No Waiver. Recago’s failure or delay in exercising any right, power or privilege under these Business Terms will not be considered a waiver.

9.6. No Partnership or Agency. You and Recago are entering into these Business Terms as independent parties. No agency, partnership, joint venture, or employee-employer relationship is established or intended by these Business Terms.

9.7. Electronic Agreement. You agree to accept these Business Terms electronically and that your electronic acceptance of these Business Terms has the same force and effect as your signature.

9.8.Languages. Any local language translation (where applicable) of these Business Terms exist for reference purposes only, and the English and Vietnamese version will take precedence over all other language translations except where otherwise mandated by applicable law.

9.9. Notices

(a) You agree that Recago may communicate with you electronically about any important information regarding your Account.

(c) Notices will be deemed given upon personal delivery, upon delivery if by mail, upon valid transmission through email, or 24 hours after the time the notice is posted to the applicable platform in which you access the Business Products.

9.10. Complaints. You may submit any complaint to Recago and we will endeavour to respond as soon as reasonably possible.

Tastech Pte Ltd 9 Temasek Boulevard, Suntec Tower Two #07-01 Singapore 038989

Email: [e-mail]