HealthX Innovation Sandbox Terms of Use

1. HealthX Innovation Sandbox

1.1. The Terms of Use (HealthX Innovation Sandbox) (“Terms”) is a legally binding document that governs your use of the HealthX Innovation Sandbox (“Sandbox”). The Sandbox provides you access to and use of our service offerings accessible in the Sandbox, including but not limited to the HealthCare Commercial Cloud (“HCC”) workload services and our application programming interface portal and relevant documentation (together, the “Service Offerings”), for you to ideate and conduct fast experimentation, assessment and demonstrate the viability of your innovation projects (the “Purpose”). Please read these Terms carefully, so as to fully understand your rights and obligations when using the Sandbox. If you do not agree to these Terms, you should not use the Sandbox and/or the Service Offerings.

1.2. By using or accessing the Sandbox and/or the Service Offerings, you agree to be legally bound by these Terms and you agree to comply with them.

1.3. To understand your privacy rights, please refer to our Privacy Policy, which may be found at https://www.synapxe.sg/privacy-policy

1.4. We may from time to time issue notices (“Notices”) pertaining to the access to and/or use of the Sandbox and/or the Service Offerings. Such specific terms and conditions of use, and Notices, shall constitute a part of these Terms. In the event of any conflict between such the Notices and these Terms, these Notices shall prevail.

2. Who we are and how to contact us

2.1. The Sandbox is operated by Synapxe Pte. Ltd. (“We”). We are registered in Singapore under UEN No 200814464H and have our registered office at 1 North Buona Vista Link, #05-01 Elementum, Singapore 139691.

2.2. If you have any questions about these Terms, the Sandbox and/or the Service Offerings, you may contact us @ hx-is@synapxe.sg. In these Terms of Use, “we” or “us” or “our” refers to Synapxe.

3. Changes to Terms

3.1. We may at any time, from time to time, make changes to the whole or any part of these Terms, the Sandbox and/or the Service Offerings as it deems appropriate. Every time you wish to use the Sandbox and/or the Service Offerings, please check these Terms to ensure you understand the terms that apply at that time. If you continue to use the Sandbox and/or the Service Offerings following any changes to these Terms, such continued use of the Sandbox and/or the Service Offerings shall constitute your express acceptance of the amended Terms. If you do not agree to the Terms, as may be amended from time to time, you must immediately discontinue the use of Sandbox and/or the Service Offerings.

3.2. The accessibility and operation of the Sandbox and/or the Service Offerings rely on systems, databases and technologies that may not be entirely within our control. We do not guarantee continuous accessibility or uninterrupted operation of the Sandbox and/or the Service Offerings. We will not be liable to you if, for any reason, access to the Sandbox and/or the Service Offerings is interrupted, delayed or unavailable for any period of time.

3.3. From time to time, we may issue, release or provide updates / upgrades to, or new version(s) of the Sandbox and/or the Service Offerings (“Updates”).  Such Updates may take place and be implemented automatically or may require action on your part.    Please note that the Sandbox and/or the Service Offerings, or any part thereof, may not operate properly or at all if the Updates are not installed or implemented by you.  For the avoidance of doubt, we do not guarantee that such Updates will be made available, or that such Updates will continue to be compatible with your existing UGC (defined below) or your operating systems.

3.4. We may at any time change, suspend, or discontinue the Sandbox and/or the Service Offerings, any of its content, and/or access to part or all of it, without notice and for any reason.

4. Eligibility Criteria and Sandbox Objectives

4.1. You are required to meet the eligibility criteria for entry to the Sandbox. While using the Sandbox and/or the Service Offerings, you are required to meet a number of objectives that must be met for all users of the Sandbox (the “Sandbox Objectives”).

4.2. These eligibility criteria and Sandbox Objectives are set out on our HealthX website at https://innovation.healthx.sg/get-on-board/, which may be updated from time to time, or may otherwise be provided to you upon request.

4.3. In addition to the eligibility criteria and Sandbox Objectives on our HealthX website, while you are using the Sandbox (“Sandbox Period”), you are required to meet the following project obligations, which may be updated from time to time:

(a) oversee and coordinate your relevant project(s) during the Sandbox Period;
(b) take over the relevant User Account(s) for HCC cloud platform workload setup and operation;
(c) deploy the prototype digital solution on the Sandbox environment within the Sandbox Period;
(d) verify and acknowledge any cloud service provider billings;
(e) pay and settle any relevant HCC fees or charges (including cloud service provider charges, HCC platform fees and HCC compliance fees) that are not claimable from Synapxe;
(f) at the end of the Sandbox Period, (I) decommission all deployed workloads, delete all data from the Sandbox environment, cease all access and use of all Service Offerings (including APIs) and exit from the Sandbox, in accordance with any exit instructions issued by Synapxe; and (II) complete any surveys or provide such reports or information as Synapxe may require;
(g) ensure proper maintenance of all records during the Sandbox Period to facilitate reviews of Sandbox experimentation and expected outcomes with the relevant Synapxe HealthX Innovation Sandbox administrator; and
(h) provide a report to support the experimentation conclusions and exit outcome to the relevant Synapxe HealthX Innovation Sandbox administrator,
(the “Project Obligations”).

4.4. You are required to ensure that your use of the Sandbox and/or the Service Offerings, continues to meet the eligibility criteria and the Sandbox Objectives set out on our HealthX website, and the Project Obligations set out in these Terms. If we, in our sole discretion, determine that you do not meet any of the eligibility criteria, the Sandbox Objectives and the Project Obligations at any point in time, we may suspend or terminate your User Account and/or your access and/or use of the Sandbox and/or the Service Offerings immediately, with or without prior notice to you.

5. Your Sandbox account

5.1. You acknowledge and agree that the Sandbox and the Service Offerings are made available solely for the Purpose, and are not intended for production deployment.

5.2. We act solely as the platform provider of the Sandbox. We offer infrastructure, tools and enablers to facilitate experimentation in a safe and compliant manner. Our role does not extend to, and we also do not assume any responsibility or liability for activities related to project ownership, management or delivery.

5.3. You shall use the Sandbox in compliance with all applicable laws and regulations. Where you are a MOH Holdings Pte. Ltd. (MOHH) group entity, you acknowledge that you are required to comply with all policies, guidelines and directives from the Ministry of Health Singapore (or any updates thereof) that are applicable to the use of the Sandbox.

5.4. The Sandbox may only be used or accessed if you have a registered account with us or our Sandbox partner(s) (a “User Account”). If you have a User Account, you are solely responsible for safekeeping and maintaining the confidentiality of your user name and password for your User Account. You agree to take all necessary measures and all due care to protect your password against misuse by third parties.

5.5. You agree that you will be liable and responsible for any transactions and activities conducted through, or purported to be conducted through, your User Account. You also agree that any access to or use of, or purported access to or use of, the Sandbox, the Service Offerings and/or any information, data, instructions or communications; whether or not authorized by you, referable to your User Account shall, as the case may be, be deemed to be access to or use of the Sandbox, the Service Offerings, and/or information, data, instructions or communications transmitted and validly issued by you.

5.6. You acknowledge that we are under no obligation, nor are we able to, verify the authenticity of any transactions and activities conducted through your User Account, or the identity of the person logging into and using your User Account and you agree that we shall be entitled (but not obliged) to act upon, rely on and/or hold you responsible and liable in respect or liable, in any way whatsoever, for losses, costs, expenses or damage suffered or incurred by you or any third party if there is any unauthorized use of your User Account.

5.7. If you believe that the security or confidentiality of your user name and/or password has been compromised, you have the responsibility to immediately change your password and notify us to suspend your User Account. We will use reasonable measures to suspend your account if promptly notified by you. Notwithstanding this, you will be solely liable for any unauthorised use or access of the Sandbox through your User Account. We shall not be liable for any damages resulting from any, unauthorised and/or fraudulent use or access of the Sandbox via or in connection with your User Account.

5.8. We may (at our sole discretion) and without giving any reason suspend or terminate your User Account and/or your access and/or use of the Sandbox and/or the Service Offerings at any time with or without prior notice to you. Our right to suspend or terminate your access to and use of your User Account shall be without prejudice to any other rights or remedies which we may have under these Terms and at law.

6. Your use of the APIs for Service Offerings

6.1. Your use of any of the APIs relating to the Service Offerings and its relevant documentation (collectively, “API Content”) is subject to our ongoing approval in our sole discretion. To request for access to any API Content, you must:

(a) provide any and all relevant information (which you warrant is true and accurate) requested by us;
(b) allow us to conduct tests including for the purpose of ensuring performance, availability; and
(c) provide us with access to your application at any time upon request.
(“Approval Process”)
We may at any time and at our sole discretion amend any (or all) of the requirements under our Approval Process, including but not limited to requiring you to provide us with additional information relating to your request for access.

6.2. When accessing and/or using the API Content, you agree not to:

(a) use the API Content other than for the Purpose;
(b) reproduce, adapt or create a derivative work from the API Content;
(c) reverse engineer, decompile, decrypt, reverse assemble the API Content; and
(d) distribute, disclose, publish, market, sell, rent, lease, sublicense or assign to any third party the API Content to which you have access.

6.3. You acknowledge and agree that the API Content is non-public information disclosed to you that is our confidential and proprietary information which may not be disclosed to any third party (including but not limited to, your affiliates) without our prior written consent, and agree to:

(a) use commercially reasonable means to maintain the confidentiality of all confidential information in your possession or contained in your application, but in no circumstances means that are less stringent than those required by law or that you use to safeguard your own confidential or proprietary information (whichever means is more stringent); and,
(b) destroy all copies of such confidential information in your and/or your contractors’ or third party agents’ possession, or control and, upon request, certify such destruction to us.

6.4. You must not otherwise exercise any of the rights comprised in the copyright in the whole or any part of the contents and materials in the API Content for any other purpose except as expressly permitted by any applicable law or with our prior written consent. Any rights relating to the contents and materials in the API Content that is not expressly granted are reserved, and no licence or right is granted to you by implication, estoppel or otherwise.

6.5. We may provide you with access to third party content and/or third party API Content through the Sandbox. We may also provide hyperlinks, URLs or web addresses to other websites as part of the Sandbox. You acknowledge and agree that:

(a) we shall not be responsible or liable for your access or use of any such third party content or third party API Content on the Sandbox;
(b) you shall be solely responsible for your access or use of any such third party content or third party API Content, and your compliance with any of their relevant terms and conditions;
(c) we do not control such third party websites and are not responsible for their contents;
(d) we will not be party to any transactions or contracts with a third party that you may enter into via such websites;
(e) we shall not be liable to you in respect of any loss or damage which you may suffer by accessing and/or using those websites; and
(f) you agree that you will not involve us in any dispute between you and any third parties.

At the end of the Sandbox Period, any and all licences and rights granted to you relating to the use of API Content shall immediately expire.

7. User-Generated Content and Data

7.1. Where you or any person on your behalf, post or upload your application, content and/or material to the Sandbox, or make contact with any other users on the Sandbox (collectively, the “UGC”), you must comply with the Content Standards set out in this clause. The UGC that you post or upload must comply with the applicable laws in Singapore and in any country from which they are posted or uploaded.

7.2. In particular, such UGC must not:

(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, illegal, unlawful, fraudulent, defamatory, libellous, harassing, hateful, inflammatory, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(c) contain any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
(d) contain material regarding sweepstakes, contests, or lotteries, or otherwise related to gambling;
(e) promote sexually explicit material;
(f)  promote violence;
(g) promote discrimination of any kind whether based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) infringe any intellectual property rights;
(i) be likely to deceive any person or amount to fraudulent misrepresentation;
(j) be made in breach of any legal duty owed to a third-party, such as a contractual duty or a duty of confidence;
(k) promote any illegal activity;
(l) contain any content with seditious tendency or political references;
(m) promote ill-will and hostility amongst the users or general public of Singapore;
(n) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(o) be likely to harass, upset, embarrass, alarm or annoy any other person;
(p) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(q) give the impression that the UGC emanates from us if that is not the case; and/or
(r) advocate, promote or assist any unlawful act such as, for example, copyright infringement or computer misuse.
(each, a “Content Standard”, and collectively, the “Content Standards”)

7.3. You irrevocably and unconditionally represent and warrant that any UGC you post or upload on the Sandbox complies with the Content Standards set out above.

7.4. You irrevocably and unconditionally represent and warrant that any UGC you post or upload on the Sandbox is owned by you or licenced to you for such use and in addition does not violate, misappropriate or infringe the rights of any third-party, including but not limited to privacy rights, copyright, trademark and/or any other intellectual property rights.

7.5. We have the right to disclose your identity and particulars to any third-party claiming that any UGC posted or uploaded by you on the Sandbox constitutes a violation of their intellectual property, data protection or other legal rights.

7.6. We will not be responsible or liable to any third-party for the UGC or accuracy of any UGC posted or uploaded by you or any other user on the Sandbox. We do not undertake to moderate or review any UGC, user contributions or any other material before it is posted or uploaded on the Sandbox, and cannot ensure prompt removal of objectionable material after it has been posted or uploaded. Hence, we assume no liability for any action or inaction regarding transmissions, communications, or UGC provided by any user or third-party.

7.7. All UGC posted or uploaded on the Sandbox must comply with these Terms. By posting or uploading any UGC on the Sandbox, you grant us and our service providers, and each of our and our respective licensees, successors, and assigns, the right to use, perform, display, and otherwise disclose to third parties any such material in order to provide you access to the Sandbox and/or the Service Offerings. You represent and warrant that you own, have a licence to or otherwise control all rights in and to the UGC that you post or upload on the Sandbox, and that you have the right to grant the aforementioned rights, and that all of your contributions do and will comply with these Terms. We will not be responsible or liable to any third-party for the UGC or accuracy of any UGC posted or uploaded on the Sandbox by you or any other user.

7.8. We reserve the right to remove your UGC on the Sandbox in our sole discretion.

7.9. You shall remain the owner or licensee (whichever is applicable) of any UGC you post or upload on the Sandbox.

7.10. You shall only upload non-production and/or synthetic data for use in the Sandbox. Non-production and/or synthetic data refer to unclassified data that will not result in any negative impact on the entity in the event of unauthorised access or loss of the data.

7.11. Where you are a MOH Holdings Pte. Ltd. (MOHH) group entity, you shall comply with all applicable policies, guidelines and directives from the Ministry of Health Singapore (or any updates thereof) and your institution relevant for your project when using the Sandbox, including those relating to data classification, data protection or use of artificial intelligence. You are responsible for obtaining the necessary approvals, clearances or for seeking any required advice from relevant functions within your institution (including your Data Protection Office) relating to the use of the Sandbox.

7.12. You are not permitted to download any data from the Sandbox to personal devices/accounts.

7.13. You must implement encryption for data at rest and in transit where feasible, and regularly back up data with tested data restoration processes.

8. Use of Resources

8.1. You shall ensure that your usage of resources in the Sandbox is optimised to minimise costs and improve efficiency. You are responsible for planning and managing usage appropriately, including by turning off project instances when not in use and scheduling the operation of the project instances to avoid incurring unnecessary charges.

We reserve the right to change, suspend, or discontinue your use of the Sandbox and/or Service Offerings at any time for any excessive or abusive usage, or misuse of the Sandbox and/or Service Offerings.

9. Prohibited Uses

9.1. You agree that you will not use or attempt to use any method, device, system, bot, ransomware, software, or routine to harm others or interfere with the functioning of any of the services provided on the Sandbox, or use and/or monitor any information in or related to the Sandbox for any unauthorised purpose.

9.2. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Sandbox. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using the Sandbox. Specifically, you agree not to use the Sandbox to:

(a) deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
(b) deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorised manner, services, networks, servers, or other infrastructure;
(c) exceed your authorised access to any portion of the Sandbox;
(d) remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on the Sandbox;
(e) access, collect or store any categories of personal data about any person without Synapxe’s prior written authorisation or consent;
(f)  alter or modify without permission any part of the Sandbox or any of its contents;
(g) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Sandbox; and
(h) exploit errors in design, features which are not documented, and/or bugs to gain access to any part of the Sandbox that would otherwise not be available to you.

9.3. Additionally, you agree not to:

(a) use the Sandbox in any manner that could disable, overburden, damage, or impair the site or interfere with any other person’s use of the Sandbox, including their ability to engage in real time activities through the Sandbox;
(b) use any robot, spider, or other automatic device, process, or means to access the Sandbox for any purpose, including monitoring or copying any of the material on the Sandbox without our prior written consent;
(c) use any manual process to monitor or copy any of the material on the Sandbox or for any other unauthorised purpose without our prior written consent;
(d) use any device, bots, scripts, software, or routine that interferes with the proper working of the Sandbox or that shortcut or alter the functions on the Sandbox to run or appear in ways that are not intended by the design of the Sandbox;
(e) introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Sandbox;
(f) attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Sandbox, the server on which the Sandbox is stored, or any server, computer, or database connected to the Sandbox;
(g) remove any copyright, trade marks or other proprietary notices from the Sandbox or any of the materials contained therein;
(h) attack the Sandbox via a denial-of-service attack or a distributed denial-of-service attack;
(i) otherwise attempt to interfere with the proper working of the Sandbox.

10. Breach of these Terms

10.1. When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.

10.2. Failure to comply with any of these Terms constitutes a material breach of these Terms and may result in our taking all or any of the following actions:

(a) immediate, temporary or permanent suspension or termination of your User Account and any right to use the Sandbox and/or the Service Offerings;
(b) immediate, temporary or permanent removal of any UGC;
(c) issuance of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you;
(f) disclosure of such information to the public, other users, our partners, service providers, regulatory bodies and/or law enforcement authorities as we reasonably feel is necessary or as required by law.

10.3. We exclude our liability for all actions we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.We exclude our liability for all actions we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

11. Our Disclaimers

11.1. You acknowledge and agree that:

(a) you choose to use the Sandbox, any Service Offerings and API Content on the Sandbox at your own risk;
(b) the Sandbox is provided on an “as is” basis;
(c) to the extent permitted by law, we disclaim all warranties:
      (i) of any kind, whether express or implied, unless provided otherwise herein;
      (ii) relating to merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of the course of dealing or usage of trade;
      (iii) of any kind that the Sandbox, Service Offerings and any API Content on the Sandbox will meet your requirements or be available on an uninterrupted, secure, or error-free basis;
      (iv) regarding the quality of Sandbox, or the accuracy, timeliness, truthfulness, completeness, or reliability of any Service Offerings, and API Content obtained through the Sandbox;
(d)             that no advice or information, whether orally or written, obtained from us or through the Sandbox, will create any warranty not expressly made herein; and
(e)             that you are solely responsible for all of your communications and interactions made via the Sandbox.

11.2. You acknowledge and agree that:

(a) to the maximum extent permitted by law, we will not be liable whatsoever for any and all of the risks or liability arising out of your access to and use of the Sandbox and/or the Service Offerings; and,
(b) to the maximum extent permitted by law, that we will not be liable for any incidental, special, exemplary, or consequential damages. The foregoing includes any loss of profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substituting products or services, or for any damages for personal or bodily injury, or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Sandbox, and/or from any communications or interactions via the Sandbox, whether based on warranty, contract, tort (including negligence), product liability, or any other grounds of action, and whether or not we have been informed of the possibility of such damage.

11.3. You agree to indemnify and hold us and our directors, officers, employees, affiliates, agents, contractors and licensors harmless in respect of any claims arising out of: (i) your breach of these Terms, (ii) your use of the Sandbox, the Service Offerings and/or any API Content, (iii) any UGC or (iv) any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of a finding or decision that a breach of these Terms has occurred.

12. Intellectual Property

12.1. The Sandbox contains intellectual property rights (including the API Content, source codes, pages, documents and images, graphics, trademarks, trade names, logos, audio and video) that are the exclusive property of us and where applicable, our licensors. As such, we require you to not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Sandbox.

12.2. All trade marks, service marks, logos, trade names and any other proprietary designations of us used herein are our (or where applicable, our licensors’) trade marks or registered trademarks. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or registered trade marks of their respective parties. In the course of your use of the Sandbox, you must ensure that you do not infringe our (or where applicable, our licensors’) intellectual property rights or the intellectual property rights of any other third party.

12.3. You remain the owner of any of your own background intellectual property that you bring onto the Sandbox. Any new intellectual property which you generate or develop yourself while on the Sandbox, will be owned by you.

13. Fees and/or Grants

13.1. There may be fees payable by you for using the Service Offerings. We are not responsible for any fees charged by any other third party website or app that is not owned or operated by us, or part of the Sandbox, and we shall not be liable towards you for any fees incurred as a result of using or accessing or making purchases from any such third party website or app.

13.2. Cost shall commence and payable by you upon the creation of User Account, including during the HCC setup period prior to your access and use of the Sandbox and/or its Service Offerings (including HCC). Decommissioning of the project upon its completion may take approximately one (1) month, during which costs may continue to be incurred. All such costs shall remain your responsibility and must be factored into your planning.

13.3. We will notify you in writing, if you are eligible to receive any support or waivers for any project specific costs with respect to the Sandbox. In such a case, your eligibility to receive and your receipt of such support or waivers, are subject to and governed by the Terms, and any other applicable terms that we may provide to you when these support or waivers are provided.

13.4. To avoid doubt, any support that may be provided to you is offered by Synapxe in its sole discretion, and may be reviewed either together with, or separately from, the Sandbox application, and is not guaranteed. You acknowledge that such support, if provided, is intended to be supplementary and not meant to fully cover the costs, fees or resources required for your use of the Sandbox and/or Service Offerings. You remain responsible and shall ensure that you are self-sufficient and have adequate resources throughout the Sandbox period.

14. Governing law and Jurisdiction

14.1. The use of the Sandbox, the Service Offerings, and these Terms, shall be governed by and interpreted in accordance with the laws of the Republic of Singapore. In the event of any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, termination, application or interpretation of these Terms or any of its provisions, both Parties shall use their best endeavours to settle the dispute informally by agreement between the Parties. Both Parties shall always act in good faith and co-operate with each other to resolve any disputes.

14.2. If the dispute is not settled in accordance with Clause 14.1 above, the dispute shall be referred to and finally resolved by the courts of Singapore.

15. General

15.1. These Terms apply to your access and use of the Sandbox, the Service Offerings and/or User Account and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.

15.2. A failure by us to exercise or enforce any rights conferred upon us by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

15.3. If any provision of these Terms, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: (i) such provision or part will, to that extent, be deemed not to form part of these Terms, but the legality, validity and enforceability of the remainder of these Terms is not affected; and (ii) the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.

15.4. The rights to access and use your User Account and/or the Sandbox is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms. We may freely assign, transfer or sub-contract these Terms or its rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

15.5. These Terms are entered into between you and us. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of the terms of these Terms.

15.6. Any Notice that we intend to give to you may be carried out by posting the relevant Notice on the Sandbox and/or by sending any such Notice to the contact that you may have provided us with. You are deemed to have received notice of the same upon the posting the relevant Notice on the Sandbox by us and/or by sending any such Notice to any contact information that you may have provided us with.

We shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; riots; act of God; pandemic (including the COVID-19 pandemic); electrical, internet, or telecommunication outage that is not caused by the us; government restrictions (including any quarantine, health, safety or stay-home measures, lock-down, travel or other movement restriction in connection with the COVID-19 pandemic); or other event outside the reasonable control of us (each, a “force majeure event”). We will use reasonable efforts to mitigate the effect of a force majeure event. If such force majeure event continues for more than ten (10) days, we may terminate these Terms (including to terminate your User Account and your access and/or use of the Sandbox and/or the Service Offerings).