Terms & Conditions

Oct 30, 2024

Agreement of Legal Terms

We are Predicted Limited ('Company', 'we', 'us', or 'our'), a company registered in Hong Kong SAR, China. We operate the website http://www.predicted.co (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services'). We are an AI-driven platform that empowers restaurants to optimize perishable food inventory management by forecasting accurate customer traffic based on historical data of sales, local events, weather, and Hong Kong's tenacious nature. This ultimately enhances operational efficiency and profitability and promotes environmentally responsible practices to lower food wastage. You can contact us by phone at (+852)94744621, email at 'shaarifali@predicted.co', or by mail to 'Unit 1603, 16th Floor, The L. Plaza, Sheung Wan, Hong Kong Islands, Hong Kong'. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Predicted Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by shaarifali@predicted.co, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services 'AS IS' for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.
solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: 'shaarifali@predicted.co'. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided at the bottom in 'Contact Us' (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or nonhuman means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Purchase & Payment

We accept the following forms of payment:

Visa
Mastercard
American Express
PayPal
UnionPay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Hong Kong Dollars.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per enterprise. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

Subscriptions

Billing & Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at 'shaarifali@predicted.co'.

Fee Change

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us, the company, (Predicted Limited).

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Use a buying agent or purchasing agent to make purchases on the Services.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.

Contribution License

By providing content (such as logos or event posters) to any part of the Services, you grant us a limited, non-exclusive, royalty-free, and worldwide license to use, host, store, and display these materials solely for the purposes of your account and services. This license allows us to use your logo to identify your account and display any event posters you choose to upload, ensuring they are visible only to you, the administrator.

We do not permit the posting or sharing of promotional materials or other content beyond these specified contributions. All content you provide remains your property, and we do not claim ownership of your intellectual property or proprietary rights. We will not disclose or share your contributions with third parties without your consent.

You are responsible for ensuring that you have the right to provide the content, and you agree not to upload materials that infringe on others' rights. We reserve the right to review, edit, or remove any content you upload if it violates our terms or is deemed inappropriate, but we have no obligation to monitor your contributions

Services Management Rights

We reserve the right, but are not obligated, to:

Monitor Compliance: Observe the Services to ensure compliance with these Legal Terms.
Take Legal Action: Pursue appropriate legal action, including reporting to law enforcement, against users who violate the law or these Terms at our sole discretion.
Restrict or Remove Content: Refuse, limit access to, or disable any content or contributions that violate our Terms, as we see fit.
Remove Problematic Files: Delete files or content that are excessively large or create issues for our systems, without prior notice.
Manage Services: Take necessary actions to protect our rights, property, and ensure the proper functioning of the Services.

Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Hong Kong. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Hong Kong, then through your continued use of the Services, you are transferring your data to Hong Kong, and you expressly consent to have your data transferred to and processed in Hong Kong.

Term & Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We are committed to providing a high-quality experience and may occasionally update, modify, or improve parts of the Services, including features, prices, or content. We take it upon ourselves to notify you in advance of any significant updates that may impact your use of the Services, whenever possible.

To ensure the best performance, we may need to conduct regular maintenance and updates. We will keep you informed about any planned improvements or updates to minimize disruptions and enhance your experience.

We are dedicated to maintaining a reliable service and will continue to focus on delivering value and quality to our users.

Governing Law

These Legal Terms shall be governed by and defined following the laws of Hong Kong. Predicted Limited and yourself irrevocably consent that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its rules. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Hong Kong. The language of the proceedings shall be English, and the governing law of these Legal Terms shall be the substantive law of Hong Kong.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections and Updates

We strive to provide accurate and up-to-date information on our Services. However, there may occasionally be typographical errors, inaccuracies, or omissions in descriptions, pricing, availability, or other details. If we discover any such errors, we are committed to promptly correcting them.

We reserve the right to make these corrections and update the information on the Services at any time. For any significant updates or changes, we will do our best to inform you as soon as possible to ensure transparency and maintain your trust.

Disclaimer

WE ARE COMMITTED TO PROVIDING RELIABLE AND HIGH-QUALITY SERVICES. HOWEVER, WE ACKNOWLEDGE THAT THERE MAY BE TIMES WHEN ISSUES ARISE. THE SERVICES ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND WHILE WE WORK HARD TO ENSURE EVERYTHING RUNS SMOOTHLY, WE CANNOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS OR ERRORS. WE APPRECIATE YOUR UNDERSTANDING AND ENCOURAGE YOU TO REACH OUT TO US IF YOU ENCOUNTER ANY PROBLEMS SO WE CAN ADDRESS THEM PROMPTLY.

WE STRIVE TO DELIVER ACCURATE AND COMPLETE INFORMATION, BUT WE CANNOT GUARANTEE THAT ALL CONTENT WILL BE ERROR-FREE. IF ANY INACCURACIES ARE FOUND, WE ARE DEDICATED TO CORRECTING THEM AS SOON AS POSSIBLE.

OUR TOP PRIORITY IS THE SECURITY OF YOUR DATA, AND WE IMPLEMENT BEST PRACTICES TO PROTECT IT. HOWEVER, IN THE UNLIKELY EVENT OF UNAUTHORIZED ACCESS, PLEASE REST ASSURED THAT WE WILL TAKE IMMEDIATE STEPS TO RESOLVE THE ISSUE AND SAFEGUARD YOUR INFORMATION.

FOR ANY THIRD-PARTY SERVICES INTEGRATED WITHIN OUR PLATFORM (SUCH AS PAYMENT PROCESSING VIA VISA), WE ARE COMMITTED TO ENSURING A SMOOTH AND SECURE CONNECTION. WHILE WE WORK CLOSELY WITH TRUSTED PROVIDERS, WE RECOMMEND USING BEST PRACTICES WHEN ENGAGING IN TRANSACTIONS, AND WE ARE HERE TO ASSIST IF YOU ENCOUNTER ANY ISSUES.

THANK YOU FOR TRUSTING US. WE ARE DEDICATED TO CONTINUOUSLY IMPROVING OUR SERVICES TO PROVIDE YOU WITH THE BEST POSSIBLE EXPERIENCE.

Limitations of Liability

WHILE WE ARE DEDICATED TO PROVIDING RELIABLE AND HIGH-QUALITY SERVICES, UNFORESEEN ISSUES MAY OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, INCLUDING OUR DIRECTORS AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS LOSS OF PROFITS, REVENUE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES OR ANY INABILITY TO ACCESS OR USE THE SERVICES.

OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF THE SERVICES, OR OTHERWISE, WILL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR $3,000 HKD, WHICHEVER IS LESS.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU EVER ENCOUNTER AN ISSUE, WE ENCOURAGE YOU TO CONTACT US DIRECTLY SO WE CAN WORK TOWARD A RESOLUTION.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, agents, and partners, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party arising out of or related to: (1) your contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any misrepresentation or violation of your warranties under these Legal Terms; (5) your infringement of the rights of a third party, including intellectual property rights; or (6) any harmful actions directed towards other users of the Services.

We reserve the right, at your expense, to take over the exclusive defence and control of any matter that you are responsible for indemnifying. You agree to cooperate, at your expense, with us in defending such claims. We will make reasonable efforts to inform you of any claim, action, or proceeding that falls under this indemnification as soon as we become aware of it.

Data Responsibility and Managment

We will maintain certain data that you transmit to the Services to help manage and optimize the performance of the Services, as well as data related to your use of the Services. While we take measures to regularly back up data, you are responsible for maintaining copies of all data that you upload or transmit through the Services.

We cannot guarantee that there will be no loss or corruption of data, and we shall not be liable for any such incidents. By using the Services, you agree to take appropriate precautions to protect your data, and you waive any right of action against us for any loss or corruption of data, even if we have been informed of the possibility of such issues.

Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Mail Address: Predicted,
Unit 1603, 16th Floor, The L. Plaza, Sheung Wan,
Hong Kong Islands, Hong Kong
Phone: (+852)94744621
Email: shaarifali@predicted.co