Terms of service

1. Agreement

These terms form an agreement between you and Castis IO Co., Ltd. (Thailand) and Castis Co., Ltd. (Republic of Korea), together “Castis”, “we” or “us”. By accessing the website or using any Castis product you accept them. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

Where a signed order form, master services agreement or statement of work exists between Castis and your organisation, that document governs and these terms apply only to the extent they do not conflict with it.

2. Definitions

Platform means the Castis products made available to you. Customer data means content and data that you or your organisation place into the platform. Documentation means the product documentation we publish. Order means an order form, subscription confirmation or statement of work.

3. Accounts and access

You must provide accurate registration information and keep your credentials confidential. You are responsible for activity under your account. Notify us immediately at partner@castis.io if you suspect unauthorised use.

Accounts within an organisation's tenant are administered by that organisation. It may grant, restrict or revoke your access, and it may see activity within its tenant.

4. Orders, term and fees

Subscriptions, professional services and support are purchased under an Order which sets out scope, term, fees, payment terms and any service level commitment. Fees are exclusive of taxes and withholding, which are payable by the customer where the law imposes them.

Unless the Order says otherwise, subscriptions renew for successive terms of equal length unless either party gives written notice of non-renewal before the end of the current term.

Undisputed invoices are payable within the period stated in the Order. We may suspend access for material non-payment after written notice and a cure period.

5. Acceptable use

You must use the platform in accordance with the Acceptable use policy, which is incorporated into these terms. You must not exceed the volumes, endpoints, screens, seats or channels stated in your Order without agreeing an increase with us.

6. Customer data and intellectual property

As between the parties, you retain all rights in Customer data. You grant Castis a non-exclusive licence to host, process, transmit, display and adapt Customer data solely to provide and support the platform and as instructed by you.

Castis retains all rights in the platform, the software, the documentation and any improvements to them. Nothing in these terms transfers ownership of Castis intellectual property.

Feedback you give us may be used without restriction or obligation.

We may generate aggregated and de-identified statistics about platform use. These may be used to operate and improve the platform provided they do not identify you, your organisation or any individual.

7. Third-party services and content

The platform can integrate with third-party systems including property management, point of sale, payment, advertising demand, device and network systems. Your use of those systems is governed by their own terms, and we are not responsible for their availability, accuracy or acts.

You are responsible for holding the rights necessary for any content you distribute, display or monetise through the platform, and for any advertising, licensing, classification or broadcast approval that content requires in the territory of distribution.

8. Confidentiality

Each party will protect the other's confidential information with at least reasonable care, use it only for the purposes of this agreement, and disclose it only to personnel and advisers who need it and are bound by equivalent obligations. This does not apply to information that is public through no breach, independently developed, or lawfully received from a third party, nor to disclosures required by law after reasonable notice where notice is permitted.

9. Data protection

Where Castis processes personal data on your behalf, the Data Processing Addendum applies and is incorporated into these terms. Each party will comply with the data protection law applicable to it.

10. Warranties and disclaimer

Each party warrants it has the authority to enter into this agreement. Castis warrants that the platform will perform materially in accordance with the documentation during the subscription term, and that professional services will be performed with reasonable skill and care.

Except as expressly stated, the platform and website are provided “as is”. To the maximum extent permitted by law, Castis disclaims all other warranties, express or implied, including fitness for a particular purpose, merchantability, non-infringement and uninterrupted or error-free operation.

11. Limitation of liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill or anticipated savings, however arising.

Subject to the above, each party's total aggregate liability arising out of or related to this agreement is limited to the fees paid or payable by the customer to Castis in the twelve months preceding the event giving rise to the claim.

12. Indemnity

Castis will defend you against a third-party claim that the platform infringes that party's intellectual property rights, and will pay damages finally awarded, provided you notify us promptly, give us control of the defence and reasonable assistance. This does not apply to claims arising from Customer data, from modifications not made by us, or from use contrary to the documentation or these terms.

You will defend Castis against a third-party claim arising from Customer data or from your use of the platform in breach of this agreement, on the same conditions.

13. Suspension and termination

We may suspend access where required by law, where continued access presents a security risk, or for a material breach of the Acceptable use policy, giving as much notice as is reasonable in the circumstances.

Either party may terminate for material breach not cured within thirty days of written notice. On termination you must stop using the platform, and we will make Customer data available for export for thirty days before deleting it in accordance with the Data Processing Addendum.

14. Changes

We may amend these terms. Material changes will be notified at least thirty days before they take effect. If you do not accept a material change you may terminate the affected subscription before it takes effect and receive a pro-rata refund of prepaid fees.

15. General

Neither party is liable for delay or failure caused by events beyond its reasonable control. Neither party may assign this agreement without consent, except to an affiliate or a successor to substantially all of its business. If a provision is held unenforceable the remainder continues in force. There are no third-party beneficiaries.

This agreement is governed by the laws of the Kingdom of Thailand, and the courts of Bangkok have exclusive jurisdiction, unless the Order states otherwise. [Governing law and forum to be confirmed by counsel for each contracting entity.]

Questions: partner@castis.io.