1. Acceptance and scope
These Terms of Service (“Terms”) are an agreement between you and Data Melody governing your access to and use of datamelody.co and its public features, including website content, contact and demo request forms, blog posts, and surveys (together, the “Website”).
By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website. If you use the Website for an organisation, you agree on its behalf and confirm that you have authority to do so.
2. Harmonic and Data Hub
The Website describes Data Melody's Harmonic AI analytics platform and Data Hub data management platform. Access to a customer product environment, paid subscription, pilot, support service, or professional service is governed by the applicable order form, subscription agreement, statement of work, data processing agreement, or other written customer agreement (“Customer Agreement”).
These Terms do not grant access to a product environment and do not replace a Customer Agreement. If these Terms conflict with a Customer Agreement, the Customer Agreement controls for the relevant service.
3. Eligibility and authority
You must be at least 18 years old and legally capable of entering into these Terms. If you act for a company or other organisation, you represent that you have authority to bind it. The Website is intended primarily for business and professional use.
4. Permitted use
Subject to these Terms, Data Melody grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Website for lawful purposes such as learning about our products, evaluating whether to contact us, communicating with us, reading published content, and responding to a survey.
You are responsible for the devices, network access, and information you use to access the Website and for ensuring that your use complies with applicable law and your organisation's policies.
5. Prohibited use
You must not, and must not help another person to:
- use the Website for an unlawful, fraudulent, deceptive, or harmful purpose;
- submit content you do not have the right to provide, or that infringes privacy, confidentiality, intellectual property, or other rights;
- introduce malware or other harmful code, or interfere with the operation, integrity, availability, or security of the Website;
- probe, scan, test, or exploit a vulnerability, or bypass an authentication, access, rate, or security control;
- use bots, scrapers, or other automated means to extract content or impose an unreasonable load, except with our prior written permission or as clearly permitted by applicable law;
- reverse engineer or attempt to derive source code or non-public components, except to the limited extent that applicable law expressly permits and does not allow the restriction to be excluded; or
- misrepresent your identity, affiliation, authority, or relationship with Data Melody.
6. Inquiries and survey submissions
You remain responsible for and retain any rights you have in information you submit through the Website (“Submission”). You grant Data Melody a limited right to host, copy, transmit, review, analyse, and otherwise use the Submission as reasonably necessary to:
- respond to your inquiry or demo request;
- conduct and analyse a survey for the purpose described on the survey, including producing aggregated or de-identified insights;
- operate, secure, and improve the relevant Website feature; and
- comply with law and enforce these Terms.
You represent that your Submission is accurate to the best of your knowledge and that you have all permissions needed to provide it. Do not include sensitive, confidential, regulated, or third-party personal data in a free-text field unless it is necessary, authorised, and appropriate for the stated purpose.
If you voluntarily provide product feedback or suggestions, we may use them without restriction or compensation, provided we do not publicly identify you or disclose your confidential information without permission.
7. AI-related information
The Website may describe AI-assisted product capabilities, including asking questions of governed data, generating analyses and charts, creating dashboards, and scheduling reports. Website descriptions, demonstrations, examples, and AI-generated material are informational and may not reflect every customer configuration, data source, limitation, or contracted commitment.
AI-generated outputs can be incomplete, inaccurate, or unsuitable for a particular purpose. Appropriate human review remains necessary before relying on an output or using it to make a business, legal, medical, financial, employment, or other significant decision. Product-specific responsibilities, data use, security commitments, service levels, and warranties are determined only by the applicable Customer Agreement.
8. Intellectual property
The Website, including its software, design, text, graphics, logos, videos, documentation, and other content, is owned by or licensed to Data Melody and is protected by intellectual property laws. Except for the limited right in section 4, no right, title, or interest is transferred to you.
“Data Melody”, “Harmonic”, “Data Hub”, associated logos, and product names are trademarks or brand identifiers of Data Melody or their respective owners. You may not use them in a way that suggests endorsement, affiliation, or permission without prior written consent. Third-party names and logos remain the property of their respective owners.
9. Third-party services and links
The Website may link to or embed content from third parties, including privacy-enhanced YouTube videos. Third-party services are governed by their own terms and privacy practices. Data Melody does not control and is not responsible for third-party content, availability, security, or practices. A link or embed does not by itself imply endorsement.
10. Availability and changes
We may update, suspend, restrict, or discontinue any public Website feature or content at any time. We aim to keep the Website useful and secure but do not promise that it will always be available, error-free, complete, or compatible with every device or browser.
Product roadmaps, planned features, examples, and forward-looking statements may change and are not commitments to deliver a feature, date, result, or commercial term.
11. Disclaimers
To the maximum extent permitted by applicable law, the Website and its public content are provided “as is” and “as available”. Data Melody disclaims implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement to the extent those warranties may lawfully be excluded.
Website content is general information and is not legal, regulatory, medical, financial, accounting, or other professional advice. You are responsible for evaluating it and obtaining appropriate professional advice for your circumstances.
12. Limitation of liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, wilful misconduct, or death or personal injury caused by negligence where applicable law prohibits exclusion.
Subject to the paragraph above and to the maximum extent permitted by applicable law, Data Melody will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings, arising from or relating to the public Website.
Where liability relating to the public Website cannot be excluded, Data Melody's aggregate liability under these Terms will not exceed SGD 100. This section does not replace or alter any liability terms in a Customer Agreement.
13. Suspension and termination
You may stop using the Website at any time. We may suspend or block access where we reasonably believe it is necessary to protect the Website or another person, investigate misuse, comply with law, or respond to a breach of these Terms.
Provisions that by their nature should survive will continue after your use ends, including provisions concerning intellectual property, disclaimers, liability, governing law, and rights relating to Submissions already provided.
14. Privacy
Our Privacy Policy explains how we collect, use, disclose, protect, retain, and transfer personal data through the Website. It forms part of the context in which these Terms operate but does not reduce any rights you have under applicable law.
15. General terms
Changes to these Terms
We may update these Terms as the Website or law changes. The revised Terms take effect when posted, unless a later date is stated. Your continued use after that date means you accept the revised Terms.
Severability and waiver
If a provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue. A failure to enforce a provision is not a waiver.
Assignment
You may not assign these Terms without our prior written consent. We may assign them in connection with a reorganisation, merger, acquisition, or transfer of the Website or relevant business, subject to applicable law.
Entire agreement
These Terms and the documents expressly referenced here are the entire agreement concerning the public Website. Customer Agreements remain separate and are not changed by these Terms.
16. Governing law and disputes
These Terms are governed by the laws of Singapore, without regard to conflict-of-law principles. The courts of Singapore have exclusive jurisdiction over disputes arising from or relating to these Terms or the public Website, except where mandatory applicable law gives you a right to bring a claim elsewhere.
Before starting formal proceedings, you and Data Melody will each make a reasonable effort to resolve the dispute in good faith by written notice and discussion.
17. Contact
Questions about these Terms may be sent to contact@datamelody.co.
Electronic use and acceptance of these Terms operate within Singapore's legal framework, including the Electronic Transactions Act 2010.