Subscription Terms & Conditions

These AveriForms Terms and Conditions (“Terms”) govern access to and use of AveriForms, a product in the AveriWorks family. They consist of three parts:

• Part 1 — Common Terms, which are the same for every product in the AveriWorks family;

• Part 2 — Product Schedule: AveriForms, which sets out the terms that apply only to AveriForms; and

• Part 3 — Consumer Terms, which apply only where the Customer is an individual using AveriForms for personal purposes, and which are the same for every product in the AveriWorks family that is offered for personal use.

The Services are provided by ZETTA SOLUTION PTE. LTD. (UEN 201206718K), registered at 18 Sin Ming Ln, #06-22, Singapore 573960. In these Terms, “we”, “us” and “our” refer to ZETTA SOLUTION PTE. LTD.

By creating an Account, subscribing to the Product (including on a Free Tier), clicking “I agree”, accepting an Order Form or quotation, or using the Services, the Customer agrees to these Terms. Where a person accepts these Terms on behalf of an organisation, that person confirms that they are authorised to bind that organisation.

AveriForms is offered both for business, organisational and professional use and to individuals for personal use. Where the Customer is an individual using AveriForms wholly for personal, family or household purposes, Part 3 (Consumer Terms) applies and prevails over Parts 1 and 2 to the extent described in Part 3. In every other case, by accepting these Terms the Customer confirms that it is using the Services for the purposes of its business, trade, profession or organisation, and Part 3 does not apply.

Part 1 — Common Terms

1. Definitions

Account means an account created to access, use or administer the Services.

Aggregated Data means information that has been combined, summarised, generalised, anonymised or otherwise processed so that it cannot reasonably be used to identify, or to attribute information to, an individual, the Customer, any other customer, a specific business, a counterparty or an individual transaction. The sources from which Aggregated Data may be created are stated in Section 11 and in the Product Schedule.

AveriWorks means the family of software products and related services that we provide under the AveriWorks name, or identify as part of the AveriWorks family, from time to time. A product forms part of the AveriWorks family where its terms and conditions or our website identify it as such.

Authorised User means an employee, officer, contractor, adviser or other person authorised by the Customer to access the Services.

Customer means the individual, business or organisation that registers for, subscribes to or uses the Services.

Customer Data means information, records, documents, files and content entered, uploaded, transmitted, generated or stored by or for the Customer through the Services, including information that the Customer collects from its own customers, suppliers, employees, Respondents or other persons through the Services. Customer Data may include business records, transaction records, Personal Data and confidential commercial information. Customer Data excludes Aggregated Data, Platform Data and our intellectual property.

Free Tier means a Subscription offered without a recurring subscription fee, subject to the limits, advertisements, branding and other conditions stated in this Agreement or within the Services.

Order Form means a quotation, subscription order, statement of work, online ordering page, checkout page or other ordering document accepted by the Customer.

Paid Plan means a Subscription plan for which fees are payable.

PDPA means the Personal Data Protection Act 2012.

Personal Data means information about an identifiable individual under applicable data-protection law, including the PDPA.

Platform Data means technical, operational and analytical information relating to the provision, performance, security and use of the Services, such as system logs, feature usage, device and browser information, performance statistics, error records, security events and counts of records, documents, forms or transactions. Platform Data does not include the contents of Customer Data.

Linked Product means any other product in the AveriWorks family that the Customer connects with the Product, as described in Section 16.

Product means AveriForms, as described in the Product Schedule.

Product Schedule means Part 2 of these Terms, which sets out the terms that apply specifically to the Product.

Respondent means any individual who views, completes, signs or submits a form, survey or other request for information published by or for the Customer through the Services, whether or not that individual is an Authorised User.

Services means the Product, together with our related websites, applications, APIs, integrations, analytics, support services and professional services.

Subscription means the Customer’s right to use the Product under a particular plan, whether a Free Tier or a Paid Plan.

Subscription Term means the period for which a Subscription is held, including any renewal period.

2. Structure of these Terms and order of precedence

These Terms consist of Part 1 (these Common Terms), Part 2 (the Product Schedule) and any further Part listed in the introduction to these Terms. The Common Terms are the same for every product in the AveriWorks family. The Product Schedule sets out the terms that apply specifically to the Product. Together with each Order Form accepted by the Customer and the documents incorporated by reference, being the AveriForms Acceptable Use Policy and the AveriForms Privacy & Data Use Notice, these Terms form the agreement between the Customer and us (this “Agreement”).

Where the Customer also uses a Linked Product or any other product in the AveriWorks family, that product is governed by its own terms and conditions. Unless an Order Form expressly states otherwise, each Subscription has its own plan, fees and Subscription Term, and the cancellation, suspension, downgrade or termination of one Subscription does not by itself affect any other Subscription.

If there is any inconsistency between the documents that form this Agreement, the following order of precedence applies:

• any data-processing agreement or service-level agreement expressly agreed by us in writing, on the matters it covers;

• the applicable Order Form;

• the Product Schedule;

• these Common Terms; and

• the AveriForms Acceptable Use Policy and the AveriForms Privacy & Data Use Notice, except that on matters of lawful and acceptable use of the Services, the AveriForms Acceptable Use Policy prevails.

Where the Product Schedule restricts our use of Customer Data, that restriction prevails over any broader permission in these Common Terms or the AveriForms Privacy & Data Use Notice, and an Order Form overrides that restriction only if it expressly refers to it.

Any further Part listed in the introduction to these Terms applies only to the Customers described in it and, for those Customers, prevails over the documents listed above to the extent stated in that Part.

Where the Customer receives a Customized Solution, the AveriForms Customized Solution Agreement governs that Customized Solution in accordance with its own terms.

Where the Customer accepted an earlier version of the AveriForms Terms and Conditions, this version replaces it from the date stated in our notice to the Customer or, if no date is stated, from the start of the Customer’s next Subscription Term.

3. Subscription and permitted use

Subject to this Agreement and payment of applicable fees, we grant the Customer a limited, non-exclusive, non-transferable and revocable right to access and use the Product during the applicable Subscription Term for the Customer’s internal business purposes.

Unless expressly stated otherwise:

• each Subscription applies to one legal entity;

• separate legal entities require separate Subscriptions;

• access is subject to the selected plan’s limits;

• the Customer may not resell or sublicense the Services, or operate the Services as a service for third parties, without our written approval; and

• the Customer receives no ownership interest in the Services or the underlying technology.

4. Plans, features and limits

The features, limits and support included in each plan will be stated on our websites, within the Services, on the applicable pricing page or in the applicable Order Form.

Plans may differ in relation to matters such as the number of users, entities or workspaces; storage; transaction, document, form or submission limits; available modules and features; integrations and API access; AI features; reporting, exports and analytics; data retention; support; service-level commitments; branding; and advertisements or sponsored content.

We may add, remove, modify, replace, suspend or discontinue features, modules, limits, integrations, templates, reports, analytics, user interface elements, workflows or other parts of the Services from time to time.

For Paid Plans, where a change materially affects the Customer’s use of the Product, we will provide reasonable advance notice where practicable. The Customer may cancel the affected Subscription before the change takes effect, but unless required by law or expressly agreed by us in writing, fees already paid are non-refundable and cancellation will take effect at the end of the current paid billing period.

We may make changes immediately where necessary for security, legal compliance, prevention of misuse, third-party service changes, system integrity, technical constraints, service continuity or continued operation of the Services.

From time to time, we may make beta, early-access, preview or similar pre-release features available (“Beta Features”). Beta Features are provided for evaluation purposes only, on an “as is” and “as available” basis, without any warranty, service-level commitment or guarantee of continued availability. We may modify or discontinue a Beta Feature, or convert it to a generally available feature on different terms, at any time without notice. The Customer should not rely on Beta Features for production or business-critical purposes, or use them to process sensitive Personal Data, without independent testing.

5. Free Tier

5.1 General. We may offer a Free Tier for the Product. A Free Tier may be subject to reduced functionality, usage limits, storage limits, limited support, restrictions on integrations, restrictions on reports or exports, lower service priority, shorter data-retention periods, AveriWorks branding and advertisements or sponsored content. The Product Schedule may set out additional conditions for the Free Tier.

5.2 Advertising. A Free Tier may display advertisements, sponsored content, partner offers, product recommendations and promotional messages to the Customer and its Authorised Users. These may appear within dashboards, navigation areas, reports, notifications, emails relating to the Free Tier or other areas of the Services that are accessible to the Customer and its Authorised Users.

We will not display third-party advertisements or sponsored content to persons other than the Customer and its Authorised Users, such as the Customer’s own customers, suppliers or Respondents, or the recipients of documents, forms or messages sent through the Services, unless the Product Schedule expressly permits it. Documents, forms and messages generated through a Free Tier may, however, display our branding, such as a “Powered by” notice naming the Product or the AveriWorks family, and the Customer must not remove, obscure or alter such branding unless its plan permits removal.

We may use broad, non-sensitive, Account-level information to determine which advertisements are relevant to the Customer and its Authorised Users, including industry category, general business type, country or broad region, selected modules, Account type, language, feature usage and general interaction information. We will not use the contents of Customer Data, such as transaction records, customer or supplier lists, confidential pricing, uploaded documents or form submissions, to select, target or measure third-party advertisements unless the Customer has given separate express authorisation and the Product Schedule does not prohibit it.

We will not give advertisers access to Customer Data or Personal Data merely because an advertisement is displayed. Advertisers may receive aggregated campaign statistics, such as impressions, clicks and broad audience categories.

Clicking a third-party advertisement may redirect an Authorised User to an external website or service governed by the third party’s own terms and privacy notice. We do not control or accept responsibility for third-party products, services, claims or websites.

5.3 Changes to a Free Tier. We may add, remove, modify, limit or replace Free Tier features, functions, limits, advertisements, support options and availability at any time. Where reasonably practicable, we will provide notice before materially reducing the functionality of, or discontinuing, a Free Tier.

5.4 Inactive Free Tier Subscriptions. A Free Tier Subscription may be considered inactive after 90 consecutive days without meaningful use of the Product, as reasonably determined by us. Unless the Product Schedule states otherwise, meaningful use means logging into the Account and creating, editing or viewing records, documents or forms in the Product, generating a report or export, or making an API call. Meaningful use does not include merely receiving emails or notifications, information being received automatically from third parties (such as incoming electronic documents or form submissions), or the Account existing without any login or activity.

Where a Free Tier Subscription becomes inactive, we may, after giving at least 14 days’ notice to the Account’s registered email address, suspend or delete the Subscription and its Customer Data. The Product Schedule may require additional steps before deletion, such as first closing functions that receive information from third parties. Where the Customer also uses another product in the AveriWorks family, inactivity is assessed separately for each product.

5.5 Availability. Unless expressly stated otherwise, a Free Tier is provided on an “as available” basis without guaranteed uptime, support-response time, recovery time or service credits.

6. Accounts and security

Each individual who creates an Account, accepts this Agreement on the Customer’s behalf, or acts as an administrator of an Account must be at least 18 years old, and by creating an Account or accepting this Agreement, that individual confirms that they meet this requirement. The Customer may allow an individual below 18 years old to use the Services as an Authorised User only in the course of that individual’s work, training, studies or other activities with the Customer and under the Customer’s supervision. The Customer is responsible for that individual’s use of the Services as if it were the Customer’s own use. We may suspend or close any Account that we reasonably believe has been created or administered by an individual below 18 years old.

When an Account is created, we may require the person creating it to verify an email address, whether by entering a verification code or clicking a verification link, before the Account is fully activated. An Account that is not verified within 14 days of creation may be removed without further notice, regardless of whether it was created under a Free Tier or a Paid Plan. Before removing an unverified Account, we may attempt to notify the email address provided, but we are not obliged to verify that the address is valid or that any notice was received. We may restrict functions that send information to, or receive information from, third parties until an Account has been verified.

The Customer must:

• ensure that each Authorised User uses an individual Account;

• keep Account credentials confidential;

• establish appropriate permissions and access controls;

• remove access for former or unauthorised users promptly;

• use multi-factor authentication where required or made available;

• notify us promptly of suspected unauthorised access; and

• ensure its Authorised Users comply with this Agreement.

The Customer is responsible for activity carried out through its Accounts, except to the extent directly caused by our breach or failure to implement reasonable security measures.

We may rely on any instruction, approval, request or other action taken through an Account, or by a person who reasonably appears to be an Account administrator or otherwise authorised to act on the Customer’s behalf, without further enquiry. We are not responsible for resolving disputes between the Customer’s own officers, employees, members or stakeholders over control of an Account. Where we become aware of such a dispute, we may, at our discretion, suspend or restrict access to the affected Account, or require written confirmation of authority acceptable to us, until the dispute is resolved.

7. Acceptable use

The Customer and all Authorised Users must comply with the AveriForms Acceptable Use Policy, which forms part of this Agreement. The Product Schedule may set out additional restrictions.

The Customer must not:

• use the Services unlawfully;

• upload malware or harmful code, or use the Services to distribute it;

• interfere with the Services or their infrastructure;

• attempt to obtain unauthorised access;

• bypass security, usage, subscription, branding or advertising controls;

• reverse-engineer the Services except where legally permitted;

• use the Services to infringe third-party rights;

• conduct security testing without our written permission;

• use the Services to create a directly competing software or data service;

• scrape or systematically extract templates, reports, Platform Data or other content of the Services without authorisation;

• use the Services for phishing, credential harvesting, impersonation, fraud, scams or deceptive collection of information;

• use the Services to collect passwords, one-time passcodes, payment card numbers, card security codes, online banking credentials or similar authentication information;

• create multiple Free Tier Accounts to avoid limits, branding, advertisements or fees; or

• use the Services to send unsolicited communications in breach of applicable law.

8. Customer responsibilities

The Customer is responsible for:

• determining whether the Services are suitable for its business;

• ensuring Customer Data is accurate and lawful;

• reviewing transactions, documents, reports, calculations, submissions and outputs before relying on them;

• obtaining all required rights, notices and consents, including from individuals whose Personal Data it collects or enters into the Services;

• configuring permissions, approval workflows and data-retention settings;

• retaining records required by law;

• maintaining appropriate independent exports or backups;

• complying with applicable accounting, tax, data-protection, electronic-transaction, employment, spam-control, competition, sector-specific and industry requirements; and

• making its own commercial, legal, pricing and operational decisions.

The Services do not replace professional legal, regulatory, accounting, tax, financial or commercial advice.

Unless expressly agreed in writing, the Services are not designed or certified to meet sector-specific regulatory, certification or security requirements, such as those applicable to payment card data, regulated financial services, healthcare records or government classified information. The Customer must not use the Services for such purposes unless we have expressly agreed in writing.

9. Service and marketing communications

We may send service-related communications to the Customer, Account administrators and Authorised Users using the contact details provided to us. Service-related communications may include account notices, billing and renewal reminders, payment-related communications, security alerts, maintenance notices, system incident notifications, support updates, feature-change notices, abuse, complaint and takedown notices, legal notices, policy updates and other operational communications relating to the Services.

The Customer is responsible for ensuring that its contact details and administrator details remain accurate and up to date.

We may also send marketing communications to the Customer and its Authorised Users relating to our products, services, events, promotions, partner offerings and business updates, subject to applicable law and available opt-out rights. Opting out of marketing communications does not affect our ability to send service-related communications necessary for the operation, administration, security or management of the Services.

We will not use the contact details of the Customer’s own customers, suppliers, employees, Respondents or other contacts contained in Customer Data to send our own marketing communications to them.

Where the Services send invoices, statements, reminders, confirmations, copies of documents or other messages to the Customer’s contacts on the Customer’s instructions, those messages are sent on behalf of the Customer, and the Customer is responsible for their content and for compliance with applicable law, including the Spam Control Act 2007 and the Do Not Call provisions of the PDPA.

10. Customer Data

As between the parties, the Customer retains ownership of Customer Data.

The Customer grants us a worldwide, non-exclusive and royalty-free right to host, copy, transmit, store, process and analyse Customer Data as reasonably necessary to:

• provide and administer the Services;

• maintain, support and secure the Services;

• prevent fraud, misuse and security incidents, and investigate complaints;

• troubleshoot errors;

• fulfil the Customer’s instructions, including transfers to Linked Products and to third-party services;

• provide AI features requested by the Customer, as described in Section 12;

• comply with applicable law;

• improve the Services, subject to Section 11 and the Product Schedule; and

• carry out any further purposes expressly permitted by the Product Schedule and described in the AveriForms Privacy & Data Use Notice.

11. Platform Data and Aggregated Data

We may collect and generate Platform Data, and may use Platform Data to provide, maintain, secure, support, measure and improve the Services and our other products, including to detect abuse, plan capacity and understand how features are used.

We may create Aggregated Data from Platform Data for any of those purposes. We may create Aggregated Data from Customer Data only to the extent, and for the purposes, permitted by the Product Schedule. The Product Schedule may permit wider use, such as benchmarks and data products, or may restrict use further.

Where we use information to improve or develop the Services or our other products, including to train, fine-tune, test or evaluate any AI model, or to create benchmarks, reports or data products, we use only Aggregated Data, being information that has first been cleaned so that it does not identify, and cannot reasonably be attributed to, any individual, the Customer or any other customer. We do not use Personal Data, or Customer Data that identifies or can reasonably be attributed to the Customer or an individual, for those purposes, and we process Customer Data only to the extent necessary to create Aggregated Data in accordance with this Section and the Product Schedule. This does not prevent us from using Platform Data to operate, secure and support the Services, to bill, to detect errors and abuse, to provide the Customer with reporting on its own use and to measure the use of features, or from processing Customer Data to provide the Services, including any AI Feature, to the Customer.

We may publish or share general statistics about the use of the Services, such as the total number of Accounts, documents or forms processed, provided that such statistics are Aggregated Data and do not identify or relate to any particular Customer or individual.

Regardless of the Product Schedule, we will not knowingly sell or disclose as part of any report, dataset or data product: Personal Data; raw Customer Data; identifiable business records or transactions; a Customer’s identifiable customer or supplier list; or confidential pricing attributable to a particular Customer.

We own Platform Data and Aggregated Data. Unless separately agreed in writing, the Customer is not entitled to royalties, revenue sharing, licence fees, payment or an accounting in respect of Platform Data or Aggregated Data. We may retain and use Aggregated Data after the Customer’s Subscription ends.

12. Artificial intelligence features

The Services may include artificial intelligence, machine learning, optical character recognition, automation, generative AI or similar technologies (“AI Features”). The functions supported by AI Features in the Product, and any additional rules for them, are described in the Product Schedule.

AI Features may generate outputs based on Customer Data, Platform Data, Aggregated Data, user prompts, system settings and other information made available through the Services. AI-generated outputs may be inaccurate, incomplete, outdated or unsuitable for the Customer’s specific circumstances. The Customer is responsible for reviewing, verifying and approving any AI-generated output before relying on it, publishing it, submitting it, sending it, recording it or using it to make a decision affecting any person.

AI Features do not constitute legal, regulatory, accounting, tax, financial or professional advice.

AI Features may be provided using third-party AI model providers engaged by us as service providers. Such providers may process information submitted to AI Features only to provide the relevant function to us, subject to appropriate contractual obligations.

As stated in Section 11, we use only Aggregated Data to train, fine-tune, test or evaluate AI models, whether our own or a third party’s, and we do not use Personal Data or identifiable Customer Data for that purpose. The Product Schedule may restrict this use further.

The Customer must not use AI Features to generate unlawful, misleading, infringing, harmful, discriminatory, deceptive or unauthorised content, to process information that the Customer does not have authority to provide or use, or to make decisions that produce legal or similarly significant effects on an individual without appropriate human review.

13. Personal Data

Where Personal Data is contained in Customer Data:

• the Customer is the organisation that determines the purposes for, and the manner in which, the Personal Data is collected, used and disclosed; and

• we process the Personal Data on the Customer’s behalf and for the Customer’s purposes as a data intermediary, in accordance with this Agreement and the Customer’s documented instructions given through the Services or otherwise in writing.

In respect of such Personal Data, we will:

• make reasonable security arrangements to protect it from unauthorised access, collection, use, disclosure, copying, modification, disposal and similar risks, and from the loss of any storage medium or device on which it is stored;

• not retain it for longer than is necessary to provide the Services, comply with the Customer’s retention settings and instructions, and comply with applicable law, subject to Section 18;

• notify the Customer without undue delay after we have credible grounds to believe that a data breach affecting such Personal Data has occurred, and provide reasonably available information and cooperation to assist the Customer in assessing the breach and meeting any notification obligations it may have under the PDPA;

• not notify affected individuals directly on the Customer’s behalf unless the Customer instructs us to do so or we are required by law to do so;

• ensure that our personnel and service providers who process it are subject to appropriate confidentiality obligations;

• where it is transferred outside Singapore, take reasonable steps to ensure that it receives a standard of protection comparable to that under the PDPA; and

• provide reasonable assistance, which may be chargeable where it involves significant effort, to enable the Customer to respond to access, correction and other data-protection requests.

The Customer is responsible for providing appropriate notices, obtaining any required consents or other lawful authority, handling requests from individuals, and assessing and notifying data breaches to the Personal Data Protection Commission and affected individuals where required by law. Our own processing of Personal Data as an organisation, such as Account and billing information, is described in the AveriForms Privacy & Data Use Notice.

14. Customer authority and warranties

The Customer confirms that:

• it has authority to provide Customer Data to us and to instruct us to process it;

• it has given any required notices to affected individuals;

• it has obtained any required rights or consents;

• its use of the Services complies with applicable law;

• Customer Data does not unlawfully infringe third-party rights; and

• it has authority to grant the rights described in this Agreement.

15. Service providers

We may use affiliated companies and third-party providers for hosting, infrastructure, storage, backup, communications, email delivery, security and malware scanning, AI Features, analytics, payment processing, advertisements shown to Authorised Users, support and other operational services. Such providers may process information only for authorised purposes and subject to appropriate obligations. We may make available, on request or on our website, information about the categories of service providers that process Customer Data.

We may also engage subcontractors, including software development firms and individual contractors, to perform implementation, development, customisation, support and other services on our behalf. We remain responsible to the Customer for work performed by our subcontractors under this Agreement as if it had been performed by us, and we require our subcontractors to comply with confidentiality and data-protection obligations consistent with this Agreement.

16. Linked Products

Where made available, the Customer may connect the Product with a Linked Product, for example to send information created in one product into records held in another, or to pre-fill information in one product using information held in another. The connections available for the Product may be described in the Product Schedule or within the Services.

Information is transferred between the Product and a Linked Product only on the Customer’s instructions, including through connections or automations configured by an Authorised User. Information held in the Product is governed by these Terms. Once information has been transferred into a Linked Product, it is governed by the terms and conditions of that Linked Product, which may permit uses of data that differ from those permitted by these Terms. Before configuring a transfer, the Customer is responsible for confirming that its notices to, and any consents obtained from, the individuals concerned permit the information to be transferred and used in the Linked Product.

The Customer may be able to use the same login credentials, administrator settings or billing account for the Product and a Linked Product. This does not merge the Subscriptions or the terms that apply to them. The suspension, cancellation or termination of one Subscription does not by itself terminate another, but any connection that depends on the affected Subscription may stop operating.

We are not responsible for errors, data loss, duplication or delays arising from the Customer’s configuration of a connection, from changes the Customer makes in either product, or from the unavailability of either product. The Customer is responsible for testing each connection before relying on it.

If there is any inconsistency between these Terms and the terms and conditions of a Linked Product concerning the connection between them, these Terms prevail in respect of information while it is held in the Product, and the terms and conditions of the Linked Product prevail in respect of information while it is held in the Linked Product.

17. Third-party services and integrations

The Services may integrate with banks, government systems, electronic invoicing networks, payment providers, email and messaging services, cloud-storage services, identity providers and other third-party applications. Third-party services are governed by their own terms.

We are not responsible for third-party downtime, changes to third-party APIs, third-party fees, third-party errors, delays or rejection by external platforms, non-delivery of emails or messages, or the continued availability of a third-party integration.

18. Backups, retention and data exports

We may maintain backups for operational recovery. Backups are not a substitute for the Customer’s own record-retention and business-continuity arrangements.

The Services may allow the Customer to set retention periods for certain records or to delete them automatically. The Customer is responsible for configuring retention settings that are consistent with its legal obligations, including the retention limitation obligation under the PDPA. Where the Customer’s plan imposes a maximum retention period, records older than that period may be deleted in accordance with the plan.

Unless expressly agreed:

• restoration of individual records is not guaranteed;

• deleted or overwritten data, including data deleted in accordance with the Customer’s retention settings, may not be recoverable;

• custom recovery or extraction may be chargeable; and

• the Customer should regularly export legally or operationally important records.

Upon termination or expiry of a Subscription, the Customer may export Customer Data from the Product during the applicable retrieval period stated within the Services or in the Order Form, if such export functionality remains available.

19. Fees and taxes

Paid Plan fees are stated in the applicable Order Form, pricing page or checkout page.

Unless otherwise stated:

• fees are in Singapore dollars;

• fees exclude GST and other applicable taxes;

• Subscriptions are billed in advance;

• usage charges, add-ons and professional services may be billed separately;

• paid fees are non-refundable once the applicable period begins; and

• unused subscription capacity does not carry forward.

Paid Plans are billed automatically through our payment processor, which may include Stripe or another payment provider appointed by us. By subscribing to a Paid Plan, the Customer authorises us and our payment processor to automatically charge the Customer’s selected payment method for subscription fees, renewal fees, usage charges, add-ons, taxes and other amounts payable under the selected plan.

The Customer is responsible for keeping its payment method, billing information and tax information accurate and up to date. Payment processing is handled by the relevant payment processor and may be subject to the payment processor’s own terms and privacy notice.

Grants and funding support. This paragraph and the list below apply where the Customer intends to apply for, or has obtained, a government grant, subsidy, co-funding or other funding support in connection with a Subscription, professional services or a Customized Solution (a “Grant”):

• the Customer is solely responsible for determining its eligibility for a Grant, for applying for, managing and claiming the Grant, and for complying with the Grant’s conditions, and we do not act as the Customer’s grant consultant or agent;

• we do not represent or guarantee that a Grant will be approved, or the amount, timing or payment of any Grant, and any listing of us or the Product as a pre-approved or supported vendor or solution is not such a representation;

• the Customer’s obligation to pay fees is not conditional on any Grant being approved, paid or retained, including where a Grant is rejected, reduced, delayed, withdrawn or clawed back;

• we are not liable for the loss, reduction or recovery of a Grant arising from the Customer’s application, any information that the Customer provides, the Customer’s failure to comply with the Grant’s conditions (including any condition that an Order Form must not be accepted, or work must not commence or be paid for, before the Grant application is submitted or approved), or any change made by the administering body;

• where the Customer accepts an Order Form, makes a payment or instructs us to commence work before a Grant has been applied for or approved, it does so at its own risk; and

• on written request, we will provide the standard supporting documents that we ordinarily issue in the course of our business, such as quotations, statements of work, invoices and payment receipts, while bespoke declarations, certifications, reports, site visits or extensive assistance may be separately chargeable.

Where an administering body recovers any amount from us as a result of the Customer’s act or omission, the Customer will reimburse us for that amount on demand. Nothing in this Section limits any obligation that we owe directly to an administering body.

20. Renewals, failed payments and cancellation

Unless stated otherwise during checkout or in an Order Form, Paid Plans renew automatically at the end of each billing period.

The Customer may cancel automatic renewal of a Subscription through the available account settings or by contacting us before the next renewal date. Cancellation takes effect at the end of the current paid billing period unless otherwise stated.

If automatic payment fails, we or our payment processor may retry the payment, notify the Customer, restrict access, suspend chargeable features or place the Subscription into a past-due status. If payment remains unsuccessful after the applicable retry or grace period, the affected Paid Plan may be automatically cancelled, downgraded, suspended or converted to an available Free Tier.

Once a Paid Plan is cancelled for non-payment:

• access to paid features may stop immediately or at the end of any grace period;

• the Customer may lose access to paid modules, increased limits, integrations, connections to Linked Products, branding removal, support entitlements and other Paid Plan benefits;

• functions that exceed Free Tier limits, or that depend on paid features, may stop operating;

• we may delete or restrict access to Customer Data according to our retention practices and the limits of the applicable Free Tier; and

• any unpaid amount remains payable unless waived by us in writing.

The Customer is responsible for exporting any required Customer Data before the expiry of the applicable access.

21. Upgrades, downgrades and plan changes

The Customer may upgrade, downgrade or change its plan where such options are made available within the Services or accepted by us.

Upgrades may take effect immediately, and additional fees may be charged on a prorated basis or according to the applicable pricing page or checkout page. Downgrades normally take effect at the end of the current billing period unless otherwise stated.

A downgrade, cancellation or conversion to a Free Tier may reduce or remove access to features, storage, limits, integrations, reports, analytics, AI Features, support and data-retention periods. Where the Customer exceeds the limits of its plan, we may require the Customer to reduce usage, pay applicable charges or upgrade to a suitable plan, and may restrict functions that would increase usage until it does so.

22. Professional services and Customized Solutions

Implementation, onboarding, data migration and conversion, setup, configuration, training, integration, custom development, customised outputs and other professional services are excluded unless expressly included in an Order Form. Professional services are governed by the AveriForms Professional Services Terms and the applicable quotation or statement of work.

Where the Customer requires an ongoing programme of customisation to the Product, including a dedicated customer environment, this is instead offered as a Customized Solution under the AveriForms Customized Solution Agreement, which governs such customisations and the related customer environment in accordance with its own terms.

Moving from another system. Where the Customer moves to the Product from another product or service provided by us or our affiliates, or from any other system:

• the transfer of data, configurations, forms, templates, reports, workflows, integrations or customisations is a professional service governed by the AveriForms Professional Services Terms or, for a Customized Solution, by the AveriForms Customized Solution Agreement, and is not included in a Subscription unless expressly stated in an Order Form;

• customisations, configurations, reports and integrations built for the Customer in the previous system are not carried over automatically, and any equivalent in the Product requires a separate quotation or scope document;

• the agreement for the previous system continues to govern that system until it ends in accordance with its own terms, and fees paid under it are not refunded, credited or transferred to the Product unless we expressly agree in writing; and

• the Customer is responsible for checking migrated information, and for keeping its own copy of the information held in the previous system until it has confirmed that the migration is complete and accurate.

Non-solicitation. Where we provide professional services or a Customized Solution to the Customer, neither party will, during the period in which those services are provided and for 12 months after they end, directly or indirectly solicit, entice away, employ or engage any employee or individual contractor of the other party, including personnel of the other party’s subcontractors, who was materially involved in those services, without the other party’s prior written consent. This does not prevent either party from employing or engaging a person who responds, without any other solicitation, to a general advertisement that is not specifically directed at the other party’s personnel.

23. Availability and maintenance

We may perform planned and emergency maintenance. Where reasonably practicable, we will provide advance notice of planned maintenance likely to cause material disruption. Except as expressly stated in a Paid Plan or a written service-level agreement, we do not guarantee any specific uptime or availability level. Support response and resolution targets for Paid Plans are described in Section 24 (Support and service levels).

24. Support and service levels

This Section applies to Paid Plans. A Free Tier is provided on the basis described in Section 5, without guaranteed support-response time, recovery time or service credits. Support is provided to the Customer and its Authorised Users only, and not to the Customer’s own customers, Respondents or other contacts.

Unless otherwise stated in the applicable Paid Plan or pricing page, support is available during support hours of Monday to Friday, 9:00am to 6:00pm Singapore time, excluding public holidays in Singapore (“Support Hours”). Extended or 24-hour support may be available as a separately purchased add-on where stated on the pricing page or in an Order Form.

Support requests must be submitted through the designated support channel so that they may be properly logged, prioritised and tracked.

Each support request will be assigned one of the following severity levels:

• Critical — the Product is wholly unavailable, or a core function is unusable in production, with no reasonable workaround;

• High — a major function is significantly impaired or materially degraded, with no reasonable workaround;

• Medium — a function is impaired but a reasonable workaround is available, or the issue has limited operational impact;

• Low — a minor or cosmetic issue, general enquiry, or feature request with no material operational impact.

Subject to this Section, we will use reasonable efforts to meet the following target response and resolution times, measured in Support Hours or business days from the time a support request is properly logged:

• Critical — target response time of 2 Support Hours; target resolution or workaround within 8 Support Hours;

• High — target response time of 4 Support Hours; target resolution or workaround within 2 business days;

• Medium — target response time of 1 business day; target resolution or workaround within 5 business days;

• Low — target response time of 2 business days; resolution at our reasonable discretion, which may include inclusion in a future scheduled update.

Where the Customer requires faster response or resolution times, extended Support Hours or other enhanced service levels, the Customer may purchase an upgraded support plan or a separate written service-level agreement, as made available on the pricing page or through an Order Form. Where an upgraded plan or service-level agreement expressly states different response or resolution times, those times apply in place of the default times stated in this Section.

The times stated in this Section are targets provided on a reasonable-efforts basis. They are not guaranteed service levels unless expressly stated as a guaranteed service level in the applicable Paid Plan or a written service-level agreement.

The target response and resolution times in this Section do not apply to the extent a delay or issue arises from: Customer Data; the Customer’s or a third party’s own systems, devices or network; a third-party service, integration or connectivity issue, as described in Section 17; a connection to a Linked Product configured by the Customer, as described in Section 16; unauthorised modification of the Services; a request that constitutes a feature request or new development under Section 22 (Professional services and Customized Solutions); a support request submitted outside Support Hours, which will be treated as received at the start of the next Support Hours period; or the Customer’s failure to cooperate as described in Section 8 (Customer responsibilities).

Where the Customer reasonably believes a support request has not been handled in accordance with this Section, the Customer may escalate the matter by contacting support@zetta-solution.com.

Unless expressly stated in the applicable Paid Plan or a written service-level agreement, the Customer’s sole and exclusive remedy for our failure to meet a target response or resolution time is continued escalation and reasonable efforts to resolve the relevant support request. Where a Paid Plan or written service-level agreement expressly provides for a service credit or other remedy for a missed service level, that remedy is the Customer’s sole and exclusive remedy for the relevant failure, subject to Section 32 (Limitation of liability).

Support under this Section is subject to fair and reasonable use. It is intended for reasonable enquiries relating to the standard operation and use of the Services, and is not a substitute for training, consultancy, technical investigation, project work or professional services. In assessing fair use, we may take into account the volume and frequency of support requests, the complexity of each request and the staff time required, repeated requests on matters previously addressed, and whether a request would ordinarily constitute training, consultancy or professional services. Where we reasonably consider that use of support exceeds fair use, we may require the Customer to submit the matter through the standard support channel, recommend or require additional training, classify the request as professional services, impose additional charges, or require the Customer to upgrade to a plan with an appropriate support entitlement before providing further assistance.

We may suspend or terminate support for a support request, and may refuse further support interactions with a specific individual, where that individual is abusive, threatening, or harasses our support staff. This is in addition to, and does not limit, our other rights under this Section or Section 28 (Suspension).

25. Intellectual property and feedback

We and our licensors retain all rights in the Services, including software and source code; interfaces and designs; standard templates, field libraries and themes; documentation; workflows and system architecture; algorithms, AI Features and analytical methods; Platform Data; Aggregated Data; any reports, benchmarks or data products we create; updates and improvements; and trademarks and branding, including the AveriWorks name and the name and logo of the Product.

Where the Customer uses one of our standard templates, the Customer owns the content it adds, and we grant the Customer a non-exclusive right to use the template as incorporated in its records, documents or forms for so long as it holds a Subscription.

If the Customer or any Authorised User provides suggestions, ideas, feature requests or other feedback about the Services, we may use that feedback for any purpose without restriction or payment, provided that we do not disclose the Customer’s confidential information in doing so. Submission of a feature request does not oblige us to develop it.

The Services, including any deliverable or customisation that we provide, may incorporate open-source or other third-party software components. Those components are licensed under their own licence terms, which apply to them to the extent those terms require, and nothing in this Agreement restricts any right that the Customer has under those licences. Subject to those licences, the components form part of the Services for the purposes of this Agreement.

26. Confidentiality

Each party must protect the other party’s non-public confidential information and use it only for authorised purposes. Our confidential information includes non-public information about the Services, their security and our pricing. The Customer’s confidential information includes non-public Customer Data.

Confidential information does not include information that:

• is publicly available without breach, including content that the Customer itself publishes or makes publicly accessible through the Services;

• was lawfully known before disclosure;

• is lawfully received from another source;

• is independently developed; or

• has been lawfully transformed into Aggregated Data that cannot reasonably identify or be attributed to the disclosing party.

A party may disclose the other party’s confidential information where required by law, regulation, court order or a governmental or regulatory authority, subject to Section 27.

27. Complaints, takedowns and legal requests

Any person may report content, a form, a document, a message or an activity on the Services that they believe is unlawful, fraudulent, infringing, abusive or in breach of the AveriForms Acceptable Use Policy, by using any reporting link made available in the Services or by contacting support@zetta-solution.com.

Where we receive a report, or otherwise become aware of content or activity that we reasonably believe involves phishing, fraud, impersonation, malware distribution, the unlawful collection of Personal Data or other serious misuse, or which is the subject of a direction or order from a court or a competent authority, we may, without prior notice and without liability to the Customer:

• disable, restrict or remove the relevant content, form, document or function;

• stop the relevant content or function from sending or receiving information;

• preserve relevant Customer Data and Platform Data for the purposes of investigation or legal proceedings;

• suspend the Account or the relevant Subscription or features; and

• report the matter to the relevant authorities.

We will comply with lawful directions, orders and requests issued to us as an online service provider or otherwise, including under the Online Criminal Harms Act 2023 and other applicable laws. Where we receive a request from a government, regulatory or law-enforcement authority, or a court order, for access to Customer Data, we will disclose only what we reasonably consider we are legally required to disclose and, where legally permitted and reasonably practicable, we will notify the Customer before doing so.

We do not monitor, and have no general obligation to monitor, Customer Data. Any review we carry out is for our own purposes of security, compliance and enforcement of this Agreement. Where we take action under this Section on the basis of a complaint that proves to be unfounded, we will restore the affected content, function or Account as soon as reasonably practicable once we are reasonably satisfied that it may be restored, and, where reasonable, we will inform the Customer of the action taken and give it an opportunity to respond.

28. Suspension

We may suspend the Services, in whole or in part, including any Subscription or function, where:

• fees are overdue;

• this Agreement or the AveriForms Acceptable Use Policy is breached;

• use creates a security, legal or operational risk;

• suspension is required by law or by a direction of a competent authority;

• plan limits are materially exceeded;

• unauthorised extraction or attempted re-identification of Aggregated Data occurs;

• action is taken under Section 27 (Complaints, takedowns and legal requests); or

• continued use may materially harm us or another person.

Where reasonable, we will provide notice and an opportunity to remedy the issue.

29. Termination

Either party may terminate this Agreement, or an affected Subscription, where the other materially breaches this Agreement and fails to remedy the breach within 30 days after written notice.

We may terminate this Agreement or any Subscription immediately for fraud, phishing, unlawful activity, serious security misuse, unauthorised extraction, attempted re-identification, repeated or serious breach of the AveriForms Acceptable Use Policy, or conduct creating material legal risk. We may also terminate immediately, or suspend access pending termination, if the Customer becomes insolvent, has a receiver, judicial manager or liquidator appointed over it or its assets, passes a resolution for winding up, has a winding-up order made against it, enters into any composition or arrangement with its creditors, or undergoes an analogous event under applicable insolvency law in any jurisdiction.

We may terminate a Free Tier Subscription by giving 14 days’ notice where reasonably practicable.

30. Effect of termination

Upon termination or expiry of a Subscription:

• the right to use the Product ends;

• functions of the Product that send or receive information on the Customer’s behalf, such as published forms, will stop operating;

• unpaid amounts become due;

• the Customer may export Customer Data during any applicable retrieval period under Section 18;

• we may delete Customer Data held in the Product after the Subscription ends and any applicable retrieval period expires; and

• residual copies may remain temporarily in backups until overwritten through normal backup cycles.

Termination of this Agreement terminates the Customer’s Subscription to the Product. Termination does not require us to delete Platform Data or Aggregated Data lawfully created in accordance with this Agreement, or Customer Data that we are required to retain by law or that we have preserved under Section 27.

31. Warranties

We will provide Paid Plan Services with reasonable care and skill.

We do not warrant that:

• the Services will always be available, uninterrupted or error-free;

• all defects will be corrected immediately;

• every document, message or submission will be sent, received, delivered or stored, particularly where a third party’s device, browser, connection or system fails;

• AI-generated outputs will be accurate or complete;

• any benchmark, recommendation or forecast will be accurate or produce a particular result;

• third-party services will remain available; or

• use of the Services alone ensures legal or regulatory compliance.

Free Tiers, Beta Features, AI Features, standard templates, and any benchmarks or data products are provided on an “as is” and “as available” basis, subject to rights that cannot legally be excluded. The Product Schedule may contain additional disclaimers.

32. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential loss, or for loss of profits, revenue, goodwill, anticipated savings, business opportunity or data (except as expressly provided in this Agreement).

Our total aggregate liability arising from or relating to a Subscription will not exceed:

• for a Paid Plan, the fees paid or payable for that Subscription during the 12 months preceding the event giving rise to the claim; or

• for a Free Tier, S$50.

We are not liable for any loss arising from Customer Data, from content that the Customer creates, publishes or sends through the Services, from the Customer’s collection, use or disclosure of Personal Data, or from the acts or omissions of the Customer’s own customers, suppliers, Respondents or other persons who interact with the Customer through the Services.

Nothing excludes or limits liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence, or liability arising from fraud or wilful misconduct.

33. Indemnity

The Customer will indemnify us against third-party claims (including claims by the Customer’s own customers, Respondents and other individuals, and regulatory proceedings) and reasonable costs arising from:

• unlawful Customer Data or content;

• infringement caused by Customer Data or content;

• the Customer’s collection, use, disclosure or retention of Personal Data, including any failure to give notices to or obtain consents from the individuals concerned;

• unlawful use of the Services;

• breach of the Customer’s data-protection or confidentiality obligations;

• lack of authority to grant the rights in this Agreement; or

• breach of the AveriForms Acceptable Use Policy,

except to the extent directly caused by our breach, negligence or wilful misconduct. The Product Schedule may set out additional matters covered by this indemnity.

34. Changes to this Agreement

We may update these Terms, including the Product Schedule, to reflect legal or regulatory changes, security requirements, new or changed functionality, changes to AI Features, advertising or analytics, operational improvements, or misuse-prevention requirements.

Minor changes, being corrections, clarifications, formatting changes, and updates required for legal, regulatory, security or operational reasons that do not materially reduce the Customer’s rights or increase the Customer’s obligations, take effect immediately once posted or notified.

Material changes, including changes that materially affect liability, ownership of intellectual property, the use of Customer Data, confidentiality obligations or termination rights, will be communicated by email, through the Services or another appropriate method, with reasonable advance notice where practicable. Where the Customer does not agree to a material change, the Customer may cancel the affected Subscription before the change takes effect, in which case Section 20 applies. If the Customer continues to use the Product after a material change takes effect, the change will apply.

35. Electronic acceptance and records

The Customer agrees that electronic acceptance, including selecting an acceptance checkbox or creating an Account or Subscription after being presented with these Terms, has the same effect as a written signature to the extent permitted by law.

We may retain records showing the accepting user, the organisation, the acceptance date and time, the Product and plan concerned, the applicable document versions, and associated technical records.

36. Notices

Notices may be provided through the Services, by email or through the contact information stated in the applicable Order Form. Formal notices to us must be sent to:

ZETTA SOLUTION PTE. LTD.
Email: support@zetta-solution.com
Address: 18 Sin Ming Ln, #06-22, Singapore 573960

37. Assignment

The Customer may not transfer this Agreement or any Subscription without our written consent. We may transfer this Agreement as part of a merger, restructuring, sale of business or transfer to an affiliated company.

Where the Customer wishes to transfer its Account or a Subscription to another legal entity, including an affiliate, subsidiary or successor in connection with an internal reorganisation, the Customer may request such a transfer in writing. We may agree to the transfer, acting reasonably, subject to verification of the requesting party’s authority and the receiving entity’s agreement to be bound by this Agreement. We may charge a reasonable administrative fee for processing a transfer.

38. Force majeure

Neither party is liable for failure caused by circumstances beyond its reasonable control, including utility failure, telecommunications failure, natural disaster, government action, war, civil unrest, epidemic, cyberattack or third-party infrastructure failure.

39. Entire agreement

This Agreement, as described in Section 2, forms the entire agreement between the parties in relation to the Services, and supersedes any prior proposal, representation or understanding relating to the same subject matter, except for any agreement expressly stated in an Order Form to continue.

40. Governing law and disputes

This Agreement is governed by Singapore law. The parties will first attempt to resolve disputes through good-faith discussions. If a dispute remains unresolved after 30 days, the courts of Singapore will have exclusive jurisdiction.

41. General

Failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue in effect.

Nothing in this Agreement creates a partnership, joint venture or agency relationship between the parties, and neither party has authority to bind the other except as expressly stated in this Agreement.

A person who is not a party to this Agreement, including any Authorised User, Respondent or other individual whose information is processed through the Services, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

Any provision of this Agreement which by its nature is intended to survive termination or expiry, including Sections 10, 11, 13, 18, 19, 22, 25, 26, 30, 32, 33 and 40, and any provision of the Product Schedule expressed to survive, will survive termination or expiry.

Part 2 — Product Schedule: AveriForms

This Product Schedule sets out the terms that apply specifically to AveriForms. Capitalised terms not defined in this Product Schedule have the meanings given in Part 1 (Common Terms). Where this Product Schedule is inconsistent with the Common Terms, this Product Schedule prevails, as described in Section 2. In particular, the restrictions on our use of Customer Data in Sections S3 and S7 of this Product Schedule prevail over any broader permission in the Common Terms or the AveriForms Privacy & Data Use Notice. Sections of this Product Schedule are numbered S1, S2 and so on; references to a Section without the letter “S” are to the Common Terms.

S1. Definitions

AveriForms means the AveriForms online forms software-as-a-service product, including its form builder, templates, public and private forms, electronic-signature functions, file-upload functions, workflows, APIs and integrations.

E-Signature Feature means any function of AveriForms that allows an Authorised User or a Respondent to apply a typed, drawn, uploaded, click-to-sign or other electronic signature, initials, mark or approval to a Form or Submission.

Form means any form, survey, checklist, questionnaire, application, declaration, register, approval flow or similar document created, configured or published by or for the Customer through AveriForms.

Form Content means the design, fields, questions, labels, instructions, wording, logic, layout, branding, notices, attachments and other content of a Form, as created or supplied by or for the Customer, excluding our standard templates and other intellectual property.

Public Form means a Form that the Customer makes available to persons outside the Customer’s Account, whether by link, QR code, embed code, email, messaging or any other means.

Respondent Notice means the AveriForms Respondent Notice and Terms of Use, as updated from time to time.

Signature Record has the meaning given in Section S5.

Submission means a completed or partially completed Form submitted or saved by a Respondent or Authorised User.

Submission Data means all information, answers, files, images, signatures, attachments and other content contained in or uploaded with a Submission, together with any audit information that records the Respondent’s identity or actions in relation to that Submission.

S2. The Product

AveriForms allows the Customer to convert paper forms into digital Forms, publish Forms to Authorised Users and Respondents, collect Submissions, signatures and files, route Submissions through workflows, and export or transfer Submission Data, as made available under the Customer’s plan from time to time.

S3. Free Tier

In addition to Section 5:

• we will not display third-party advertisements or sponsored content to Respondents, and we will not place advertising or cross-site tracking technologies on Public Forms;

• Public Forms on the Free Tier may display AveriForms branding, such as a “Powered by AveriForms” notice, and links to the Respondent Notice and to our website;

• we will not use Form Content or Submission Data to select, target or measure advertisements, whether or not the Customer has given any authorisation under Section 5.2;

• for the purposes of Section 5.4, the receipt of Submissions on a Public Form does not constitute meaningful use; and

• where a Free Tier Subscription to AveriForms becomes inactive, we will first close its Public Forms to new Submissions after giving at least 14 days’ notice, and will not delete the Subscription or its Customer Data until we have given a further 14 days’ notice.

S4. Forms, Respondents and Submission Data

The Customer is the owner, publisher and controller of each Form it creates or publishes through AveriForms, and of the Submission Data it collects. We provide the technical platform on which Forms are hosted and Submissions are processed, and we do not create, review, approve or endorse any Form Content.

Before publishing a Public Form, or otherwise collecting Personal Data through a Form, the Customer must:

• identify itself clearly on the Form as the organisation collecting the information;

• notify Respondents of the purposes for which their Personal Data is collected, used and disclosed, and obtain any consent or rely on any other lawful basis required under the PDPA or other applicable law;

• provide a contact point through which Respondents may make access, correction, withdrawal-of-consent and other data-protection requests to the Customer;

• collect only Personal Data that is reasonable and necessary for the stated purpose;

• not collect national identification numbers (including NRIC numbers, FIN numbers and similar identifiers), or copies of identity documents, except where permitted under applicable law and the applicable guidance of the Personal Data Protection Commission, and not use such numbers as passwords or authenticators;

• where a Form is directed at, or may reasonably be completed by or about, individuals below 18 years old, ensure that it has appropriate authority, including where required the consent of a parent or guardian; and

• apply appropriate access settings, such as password protection, restricted distribution or sign-in requirements, to Forms that collect sensitive Personal Data.

The Customer must not remove, disable or obscure the link to the Respondent Notice, or any abuse-reporting link, that we display on Public Forms. The Respondent Notice supplements, and does not replace, the Customer’s own notices to Respondents.

A Public Form made available by link, QR code or embed code may be accessed by any person who obtains that link, code or embedded page. The Customer is responsible for controlling the distribution of its Public Forms and for closing, restricting or deleting Forms that are no longer required. We may apply technical measures intended to discourage search engines from indexing Public Forms, but we do not guarantee that a Public Form will not be discovered or indexed.

As between the Customer and us, the Customer is responsible for responding to Respondent enquiries, complaints and requests relating to a Form or Submission. Where we receive such an enquiry, complaint or request, we may refer it to the Customer, and may provide the Customer’s contact details, as displayed on the relevant Form, to the Respondent.

The Customer must not configure Forms, notification emails or confirmation messages in a way that suggests that we are the organisation collecting the information, or that we endorse the Customer, its Forms or its purposes.

S5. Electronic signatures

Where the E-Signature Feature is made available, the Customer may use it to collect electronic signatures, initials, approvals or acknowledgements from Authorised Users and Respondents.

The E-Signature Feature is a technical tool. Unless expressly stated otherwise in the applicable Paid Plan or Order Form:

• we do not verify the identity, authority or capacity of any signatory;

• electronic signatures applied through AveriForms are not represented to be secure electronic signatures, digital signatures or other specified forms of signature under the Electronic Transactions Act 2010 or any other law;

• we do not guarantee that an electronic signature applied through AveriForms will be accepted as valid or sufficient by any court, government agency, regulator, counterparty or other person; and

• the Customer is solely responsible for determining whether an electronic signature is legally effective and appropriate for its intended purpose, and for any identity verification, witnessing or other formalities required.

The Customer must not use the E-Signature Feature for any document or transaction that is excluded from the operation of the Electronic Transactions Act 2010, or that applicable law otherwise requires to be signed in handwriting, witnessed, notarised, stamped, registered or executed in a particular form, unless the Customer has independently confirmed that electronic execution is permitted. Examples may include wills and other testamentary instruments and certain powers of attorney, negotiable instruments, trusts and instruments relating to immovable property.

AveriForms may record information associated with an electronic signature, such as the signatory’s name and email address, date and time, IP address, device and browser information, and a record of the Form version signed (a “Signature Record”). Signature Records form part of Submission Data. We do not guarantee that a Signature Record will be sufficient to prove the identity of a signatory or the authenticity of a signature. The Customer is responsible for exporting and retaining any Signature Record it may require as evidence, including after the end of its Subscription.

S6. File uploads

Where AveriForms allows Authorised Users or Respondents to upload files, images, photographs or other attachments, the Customer is responsible for determining which uploads are appropriate for each Form and for configuring the file-type and file-size restrictions made available through AveriForms.

The Customer must not request or permit Respondents to upload files that are unlawful, infringing or malicious, or that contain Personal Data or sensitive information that is not reasonably necessary for the purpose of the Form.

We may, but are not obliged to, scan uploaded files for malware or other security threats. We may block, quarantine, remove or refuse to deliver any file that we reasonably believe to be malicious, unlawful or in breach of the AveriForms Acceptable Use Policy, without liability to the Customer.

S7. Restricted use of Customer Data

This Section applies in place of any broader permission in Section 10 or Section 11 in respect of Customer Data held in AveriForms.

We may use the structure and configuration of Form Content, such as field types, question formats, layouts, logic patterns and the use of templates, to create Aggregated Data for the purpose of improving the Services, including our templates, form-building tools, suggestions and AI Features. We will not publish or offer a Customer’s Form, or any Form Content that is specific to or identifies a Customer, as a template or example for other customers without the Customer’s consent.

We will not:

• use the contents of Submission Data to create Aggregated Data, benchmarks, market intelligence or data products;

• sell, license or otherwise commercialise Form Content, Submission Data or Personal Data contained in them;

• disclose Form Content or Submission Data to advertisers or data brokers; or

• use Form Content or Submission Data for any purpose other than those described in Section 10, as limited by this Section, and in the AveriForms Privacy & Data Use Notice.

These restrictions apply to information while it is held in AveriForms. Where the Customer transfers information from AveriForms into a Linked Product, such as AveriWorks ERP, Section 16 applies.

S8. AI Features in AveriForms

AI Features in AveriForms may support functions such as converting scanned, photographed or uploaded paper forms into digital Forms; suggesting fields, questions, layouts, logic and validation rules; extracting information from uploaded documents; assisting with data entry or auto-filling fields; summarising, classifying or searching Submissions; translating Form Content; spam and anomaly detection; and workflow automation.

When using AI Features to convert paper forms, the Customer should wherever practicable upload blank forms rather than completed forms containing Personal Data. A digital Form generated from a paper form may omit, misread or alter fields, wording, legal notices or declarations, and the Customer must review and approve every Form generated with AI Features before publishing it.

We will not use Submission Data to train, fine-tune, test or evaluate AI models, whether our own or a third party’s, even after it has been cleaned. We may use Form Content for those purposes only after it has been transformed into Aggregated Data in accordance with Section S7 and Section 11. We may use Platform Data to monitor and secure AI Features, and Aggregated Data, including aggregated records of how users interact with AI Features (excluding the contents of Submission Data), to evaluate and improve them.

S9. Abuse reporting and takedowns

Public Forms will display a reporting link through which any person may report a Form under Section 27. Without limiting that Section, we may disable a Form, or stop it from accepting Submissions, immediately and without prior notice where we reasonably believe the Form is being used for phishing, credential harvesting, impersonation, fraud or malware distribution.

S10. Retention and availability of Forms

The Customer may set retention periods for Submissions in accordance with Section 18. The Customer should regularly export legally or operationally important Submissions, files and Signature Records.

We do not guarantee the availability of any Public Form at a particular time, or that every Submission will be received where a Respondent’s device, browser or connection fails. The Customer should not rely on a Public Form as the sole means of receiving time-critical or legally required submissions.

S11. Additional disclaimers, liability and indemnity

We do not warrant that any electronic signature or Signature Record will be legally effective or sufficient as evidence, or that any Form generated using AI Features will be accurate or complete.

In addition to Section 32, we are not liable for any loss arising from the Form Content of any Form or from the acts or omissions of Respondents.

In addition to Section 33, the Customer will indemnify us against third-party claims and reasonable costs arising from the Customer’s use of the E-Signature Feature for any document or transaction for which it is not legally effective, except to the extent directly caused by our breach, negligence or wilful misconduct.

S12. Changes affecting Submission Data

We will not rely on Section 34 to expand our permitted uses of Submission Data beyond those described in Sections S7 and S8 of this Product Schedule without the Customer’s express consent.

S13. Survival

Sections S4, S5, S7, S11 and S12 of this Product Schedule survive termination or expiry of the Customer’s Subscription to AveriForms.

Part 3 — Consumer Terms

This Part 3 applies only where the Customer is a Consumer Customer. It modifies Parts 1 and 2 of these Terms for Consumer Customers and does not apply to any other Customer. Sections of this Part 3 are numbered C1, C2 and so on.

C1. Application and interpretation

C1.1 Consumer Customer. A “Consumer Customer” is an individual who subscribes to or uses AveriForms wholly for personal, family or household purposes, and not for the purposes of any business, trade, profession, employment or organisation (including a company, partnership, society, club, charity, school, religious body or community organisation). An individual who uses AveriForms for any of those purposes, including a sole proprietor, freelancer or self-employed person, or a person acting on behalf of an organisation, is not a Consumer Customer, and this Part 3 does not apply to it.

C1.2 Precedence. Where this Part 3 is inconsistent with Part 1, Part 2, the AveriForms Acceptable Use Policy, the AveriForms Privacy & Data Use Notice or an Order Form, this Part 3 prevails in respect of a Consumer Customer. However, the plan, price and billing period shown on the checkout page when the Consumer Customer makes a purchase apply to that purchase.

C1.3 Interpretation. References in Parts 1 and 2 to the Customer include a Consumer Customer. References to the Customer’s business, organisation, officers, employees, customers or suppliers apply to a Consumer Customer with any necessary changes. In particular, the right to access and use the Product under Section 3 (Subscription and permitted use) is granted to a Consumer Customer for its personal, family or household purposes, instead of for internal business purposes. Provisions that by their nature apply only to businesses, such as those relating to negotiated Order Forms, insolvency, transfers to affiliated companies and business contact information, do not apply to a Consumer Customer.

C1.4 Statutory rights. Nothing in these Terms excludes, restricts or modifies any right or remedy that a Consumer Customer has under the Consumer Protection (Fair Trading) Act 2003, the Unfair Contract Terms Act 1977 or any other law, to the extent that the right or remedy cannot lawfully be excluded, restricted or modified.

C2. Eligibility, Accounts and change of use

C2.1 Eligibility. A Consumer Customer must be at least 18 years old, as required by Section 6 (Accounts and security). Where a plan allows a Consumer Customer to invite other individuals to use the Account, each of those individuals must also be at least 18 years old, and the Consumer Customer is responsible for their use of the Services.

C2.2 Personal Account. A Consumer Customer’s Account is personal to that individual and may not be sold, transferred or shared, except with individuals invited in accordance with Section C2.1.

C2.3 Information given at registration. Where a Customer registers or is billed in the name of a business or organisation, or tells us that it is using AveriForms for business or organisational purposes, we may rely on that information and treat the Customer as one that is not a Consumer Customer.

C2.4 Change of use. If a Consumer Customer begins to use AveriForms for any business or organisational purpose described in Section C1.1, it ceases to be a Consumer Customer and this Part 3 stops applying to it from that time. Where we offer separate plans for business use and reasonably believe that an Account is being used for business or organisational purposes, we may give the Customer at least 14 days’ notice requiring it to change to an appropriate business plan from the start of its next billing period. If it does not do so, we may move the Account to the Free Tier or terminate it under Section 29 (Termination). Fees already paid for the current billing period are not affected.

C3. Prices, taxes and customers outside Singapore

C3.1 Prices. Despite Section 19 (Fees and taxes), prices shown to Consumer Customers are stated in Singapore dollars and include GST where GST is chargeable. Before a Consumer Customer purchases a Paid Plan, the checkout page will show the total price, the billing period, the fact that the Paid Plan renews automatically, and the renewal price if it differs from the first price.

C3.2 Customers outside Singapore. AveriForms is offered from Singapore and is intended primarily for customers in Singapore. A Consumer Customer located outside Singapore may use AveriForms at the same prices, in Singapore dollars. The Consumer Customer is responsible for any currency-conversion, bank or card charges imposed by its own payment provider. Where the law of the country in which a Consumer Customer is located requires us to charge a tax on the purchase, we may add that tax, and it will be shown before payment. We do not represent that AveriForms complies with the laws of any country other than Singapore.

C4. Automatic renewal and cancellation

C4.1 Automatic renewal. A Paid Plan renews automatically at the end of each billing period for a further billing period of the same length, at the price then applicable to that plan, until it is cancelled.

C4.2 Renewal reminders. For a Paid Plan with a billing period of 12 months or longer, we will use reasonable efforts to send a reminder to the email address registered to the Account at least 14 days before the renewal date, stating the renewal date, the renewal price and how to cancel.

C4.3 Cancellation. A Consumer Customer may cancel a Paid Plan at any time through the Account settings, without needing to contact us. Cancellation takes effect at the end of the billing period that has already been paid for. The Consumer Customer keeps access to the Paid Plan until then, after which the Account moves to the Free Tier, where one is available, and Section 21 (Upgrades, downgrades and plan changes) applies. We will confirm each cancellation by email.

C4.4 Price changes. We may change the price of a Paid Plan by giving the Consumer Customer at least 30 days’ notice before the renewal date from which the new price applies. A price change does not apply to a billing period that has already been paid for. A Consumer Customer that does not wish to pay the new price may cancel under Section C4.3 before the renewal date.

C5. Refunds

C5.1 No refunds. Fees are non-refundable. Except as stated in Section C5.2, or where required by law, we do not provide refunds or credits for cancellation, partial billing periods, unused time, features or capacity, downgrades, or periods in which the Consumer Customer did not use AveriForms.

C5.2 Exceptions. We will refund:

• any amount charged in error, including a duplicate charge or a charge for a billing period that begins after a cancellation has taken effect; and

• the unused part of fees paid in advance, calculated on a pro-rata basis, where we terminate a Paid Plan or discontinue AveriForms for a reason other than the Consumer Customer’s breach of these Terms or the AveriForms Acceptable Use Policy, unlawful use, or a ground stated in Section 28 (Suspension) or Section 29 (Termination) that relates to the Consumer Customer’s conduct, or where Section C6.2 applies.

C5.3 Payment disputes. We encourage a Consumer Customer to contact us before disputing a charge with its card issuer or payment provider, so that we can correct any error quickly. While a payment dispute is pending, we may suspend Paid Plan features. If the dispute is resolved in our favour, the disputed amount remains payable.

C6. Changes to AveriForms and to these Terms

C6.1 Changes to these Terms. Section 34 (Changes to this Agreement) applies, except that we will notify a Consumer Customer of a material change that adversely affects it at least 30 days before the change takes effect, unless the change is required sooner by law, by a regulator or for security reasons. A Consumer Customer that does not agree may cancel under Section C4.3 before the change takes effect.

C6.2 Paid Plan features. We will not materially reduce the core functionality of a Consumer Customer’s Paid Plan during a billing period that has already been paid for, except where this is reasonably necessary for legal, regulatory or security reasons, or because a third-party service on which the function depends is withdrawn or materially changed. Where we make such a reduction, the Consumer Customer may cancel within 30 days after being notified of it, and Section C5.2 applies to the unused part of its fees.

C7. Free Tier advertising

The Free Tier for Consumer Customers may display advertisements and sponsored content as described in Section 5.2 and the Product Schedule. For Consumer Customers:

• advertisements are shown only to the Consumer Customer and the individuals it invites, in areas of the Services that they access, and never to Respondents or to the recipients of forms, documents or messages sent through the Services;

• advertisements are selected and measured using only the limited Account-level information described in the AveriForms Privacy & Data Use Notice and, where required, advertising cookies to which the Consumer Customer has consented;

• we do not use the contents of Customer Data, including forms, submissions and any Personal Data they contain, to select, target or measure advertisements; and

• we do not sell or disclose a Consumer Customer’s Personal Data to advertisers.

A Consumer Customer may remove advertisements by upgrading to a Paid Plan that does not include them.

C8. Personal Data and marketing

C8.1 The Consumer Customer’s own Personal Data. We handle a Consumer Customer’s Account, billing, support and usage information as an organisation, as described in the AveriForms Privacy & Data Use Notice.

C8.2 Marketing. We will send marketing messages to a Consumer Customer only where it has consented to receive them, and it may withdraw that consent at any time. Service-related communications under Section 9 (Service and marketing communications) are not marketing messages and will continue to be sent while the Account remains open.

C8.3 Information about other people. Where a Consumer Customer uses AveriForms to collect, store or share information about other individuals, the Consumer Customer decides what information is collected and how it is used, and we process that information on the Consumer Customer’s behalf. Whether or not the Personal Data Protection Act 2012 applies to the Consumer Customer’s personal use, the Consumer Customer must:

• tell the individuals concerned who is collecting their information and why;

• collect only information that is reasonably needed for that purpose;

• not collect national identification numbers (including NRIC and FIN numbers), passport numbers, bank account or payment card details, or passwords and one-time codes;

• collect health information or other sensitive information only where it is necessary and the individual concerned has agreed;

• keep the information secure, and not publish or share it without the agreement of the individual concerned unless permitted by law;

• delete the information when it is no longer needed; and

• respond reasonably to an individual’s request to see, correct or delete the information held about them.

C9. Additional restrictions for personal use

In addition to the AveriForms Acceptable Use Policy, a Consumer Customer must not use AveriForms:

• to harass, stalk, intimidate, threaten or monitor any person, or to collect, publish or share identity information or other personal information about a person in order to harass, threaten or cause harm to that person, including any conduct prohibited under the Protection from Harassment Act 2014;

• to impersonate any business, government agency or other person, or to request login credentials, one-time passwords, or banking or payment information from any person; or

• to run any lottery, sweepstake, game of chance, gambling activity, fundraising appeal or public collection without every licence, permit or approval required by law.

We may apply lower usage limits, verification steps or reviews before a Consumer Customer publishes a Public Form or sends messages to other people through the Services. We may also act under Section 27 (Complaints, takedowns and legal requests) and the Product Schedule in respect of any Form or content.

C10. Services available only to business Customers

Professional services under the AveriForms Professional Services Terms and Customized Solutions under the AveriForms Customized Solution Agreement are available only to Customers that are not Consumer Customers.

C11. Liability

Section 32 (Limitation of liability) applies to Consumer Customers with the following changes:

• AveriForms is provided to Consumer Customers for personal use only, and we are not liable to a Consumer Customer for any loss of profit, revenue, business, business opportunity or goodwill;

• the limits on our total liability in Section 32 apply to a Consumer Customer only to the extent permitted by law, including the Unfair Contract Terms Act 1977; and

• nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law, including under the Consumer Protection (Fair Trading) Act 2003.

C12. Indemnity

Section 33 (Indemnity) does not apply to a Consumer Customer. Instead, to the extent permitted by law, a Consumer Customer will indemnify us against third-party claims and reasonable costs to the extent that they arise from:

• the Consumer Customer’s breach of Section C8.3, Section C9 or the AveriForms Acceptable Use Policy;

• unlawful content that the Consumer Customer publishes or sends through the Services; or

• content provided by the Consumer Customer that infringes the rights of another person,

except to the extent caused by our breach, negligence or wilful misconduct.

C13. Complaints and disputes

A Consumer Customer with a complaint should first contact us at support@zetta-solution.com. We will acknowledge the complaint and respond within a reasonable time.

Section 40 (Governing law and disputes) applies. The courts of Singapore include the Small Claims Tribunals, and nothing in these Terms prevents a Consumer Customer from bringing a claim before the Small Claims Tribunals or seeking assistance from the Consumers Association of Singapore (CASE).

C14. Closing an Account

A Consumer Customer may close its Account at any time through the Account settings or by contacting us. Closing an Account cancels any Paid Plan, and Sections C4.3 and C5 apply to fees already paid. Section 30 (Effect of termination) applies to the Customer Data held in the Account.

C15. Survival

Sections C5, C8.3, C11, C12 and C13 survive the termination or expiry of a Consumer Customer’s Subscription.