Software License and Service Agreement

Legal

Software License and Service Agreement

(Last updated: 18 September 2025)

Important Notice

Aztech Technologies Pte Ltd and its related companies (“Aztech”, “we”, “us” or “our”) hereby remind all users (“User”, “Users”, “you” or “your”) to carefully read and understand the terms of this Agreement as they contain important information pertaining to your legal rights, remedies and obligations. These include the exemption or limitation of our liability and a dispute resolution clause that governs how disputes will be resolved. This Agreement is entered into by and between you, Aztech and, as the case may be, Aztech’s operating partner(s) (“Partner” or “Partners”). This Agreement constitutes a binding legal agreement between you and Aztech and shall be read together with the Terms of Service.

By using the Kyla mobile application (“Software”) which may be used in conjunction with our hardware products (“Products”) or in other ways that we provide (collectively, “Services”), you hereby represent and warrant that:
(i) you have read, understood and agree to be bound by this Agreement;

(ii) you are of legal age in your jurisdiction to enter into a binding agreement; and

(iii)if you are agreeing to the terms of this Agreement on behalf of an organization or entity, you are authorized to agree and bind them to this Agreement.
Aztech reserves the right to, at our sole discretion, amend any term of this Agreement at any time without notice. If any amendments are made, we will publish them on this page and such amendments will be effective as at the date of publication. Your continued use of our Software and Services after such amendments are published constitutes your acceptance of the amended terms. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE STOP USING OR ACCESSING ANY OF OUR SOFTWARE AND SERVICES IMMEDIATELY.

1. Scope of software licensing

1.1 The rights of ownership and operation of the Software are owned by Aztech and/or its licensors.

1.2 Subject to the terms of this Agreement, Aztech grants you a limited, non-transferable and non-exclusive license (without the right to sublicense) to use the Software.

1.3 You may install, use, display, and run the Software for non-commercial purposes. You shall not install, use, or run the Software for the purpose of any commercial operation except as authorised by Aztech. You shall not copy, alter or modify any data stored within the Software, any data released to the memory of any terminal device during execution of the Software or any data generated during the interaction between the client and the server during execution of the Software. You shall not create any derivative of the Software in any form, including but not limited to plug-ins or bots, or access the Software and related systems through unauthorized third party tools/services. If you must sell, copy or distribute the Software commercially, such as for software pre-installation and bundling, you must obtain written authorization from Aztech in advance.

1.4 You may make one (1) copy of the Software for the sole purpose of using the Software and Services and as a backup. All backup copies shall include the copyright information provided with the original Software.

1.5 Except as expressly authorized by this Agreement, Aztech does not grant any other rights to you. If you intend to exercise any other right, you must obtain written authorization from Aztech in advance.

2. Usage Specifications

2.1  The User shall download and install the Software in the manner designated by Aztech. You are cautioned against downloading the Software from undesignated websites as doing so may result in your mobile device being infected by malicious programs that may compromise your data and confidential information may be acquired from you without your authorization. If you acquired the Software or an installation program with the same name as the Software from a third party that has not been authorized by Aztech, Aztech is unable to guarantee the normal functionality of such software and will not be liable for any losses you sustain from using such software.

2.2 The User must select the Software version that matches the terminal device it is to be installed on. Otherwise, any software problems, device problems or damage resulting from using an incompatible software version on the device model shall be solely assumed by the User.

3. Restrictions

3.1  You agree not to, and will not permit others to:

(i) Delete any copyright information from the Software and any duplicate copies or modify, delete, or circumvent the technical measures set by the Software for the protection of intellectual property rights;

(ii) Perform reverse engineering of the Software, such as disassembling, decompiling or otherwise attempting to obtain the source code of the Software;

(iii) Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, regardless of whether such actions are performed for commercial purposes;

(iv) Use the Software to commit any acts detrimental to network security, including but not limited to: unauthorized use of data; unauthorized access to servers/accounts; unauthorized access of public networks or the operating system of others and the deletion and/or modification of any saved data therein; unauthorized detection, scanning, or testing of the Software system or network weaknesses; acts aimed at disrupting network security; attempted interference with or destruction of the normal operation of the Software system or website; deliberate spreading of malicious programs or viruses; forgery of names or partial names of TCP/IP data packets; and any other acts which may disrupt or interfere with normal network information services;

(v) Log into or use the Software and Services through a third party compatible software or system which was not developed, authorized, or approved by Aztech, or make, publish or disseminate such software or system;

(vi) Without the written authorization of Aztech, commit the following acts in relation to the Software or the data contained therein, including but not limited to the following: using, leasing, copying, modifying, linking to, reproducing, compiling, releasing, publishing or establishing a mirror site for or using the Software without authorization to develop related derivative products, works, services, plug-ins, bots, compatibility or interconnection;

(vii) Use the Software and Services to publish, transmit, disseminate or store any content that infringes the legitimate rights and interests of others, such as intellectual property rights and trade secrets;

(viii) Use the Software and Services to publish, transmit or disseminate advertising information or spam in bulk;

(ix) Use the Software and Services provided by Aztech in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under this Agreement; and

(x) When using the Software and Services, you shall comply with applicable laws. You shall not use the Software and Services for the following:

  1. producing, reproducing, publishing, disseminating or storing any content that violates applicable laws;
  2. publishing, transmitting, disseminating or storing any content that infringes the legitimate rights and interests of others, such as the right to reputation, personality rights, intellectual property rights and trade secrets;
  3. making up fictitious facts or concealing the truth to mislead or deceive others;
  4. publishing, transmitting or disseminating advertising information or spam;
  5. engaging in any other behavior that violates applicable laws;
  6. carrying out any commercial activities using the Software, such as advertising and selling merchandise without Aztech’s prior written permission; and
  7. carrying out any other acts which violate applicable laws.

3.2   User warranties

3.2.1 Certain content may be displayed on or transmitted through the Services, including but not limited to opinions, data, text, information, usernames, images, photos, personal data, audio/video files and links (“Content”).
3.2.2 You warrant, represent and agree that where you have used the Software to publish such Content. You also guarantee that you own the intellectual property rights for or have obtained legal authorization to use the Content you upload and that your use of the Software and Services does not infringe any legitimate rights or interests of any third party.
3.2.3 Aztech may directly remove any Content you publish using the Software which is suspected or proven to be:
(i)unlawful;
(ii)an infringement of the legitimate rights of third parties; or
(iii)a violation of this Agreement or any other agreements or terms of use pertaining to our Products and Services.
3.2.4 Your use of the Software and Services may be affected by various factors including but not limited to:
(i) your own actions;
(ii) the quality of your network; and
(iii) security issues.
3.2.5 You warrant, represent and agree that you will strengthen all security measures that are within your control (such as strengthening the password for accessing the account you created in the mobile application) and acknowledge that you are providing personal information when using our Software and Services at your own risk.

4. Disclaimers

4.1  In order to use the Software and Services, you may be required to have access to a wireless network. You hereby agree to pay any and all fees associated with such access, including but not limited to any costs associated with procuring a device required for internet access and any and all telecommunication fees, data charges and such related costs that may be incurred by accessing or using the internet or that may be charged by third parties (such as telecommunications providers).

4.2 Aztech shall determine whether you have violated the abovementioned restrictions and if it is found that you have done so, Aztech may suspend or terminate the license granted to you pursuant to this Agreement and/or or take any such measures as Aztech deems necessary with respect to your use of or access to the Software.

4.3 In order to improve your experience with our Products, Aztech may from time to time provide updated versions of the Software, which you may choose to download. Aztech may charge for such updates but will notify you when we do so. You may elect to pay any such charges to use the updated version or continue to use the version that has not been updated. Aztech does not guarantee that versions of the Software that have not been updated will continue to be usable.

5. Indemnity

You agree to indemnify and hold Aztech and its Partners harmless from and against:

(i) Any third party claims against Aztech and/or its Partners arising from or relating to your access or use of the Software or Services, your breach of this Agreement or your contravention of any law or infringement of any third party rights (collectively, “Third Party Action”) and any and all related damages, losses, costs and fees incurred by Aztech and/or its Partners relating to or arising from any such Third Party Action; and

(ii) Any and all damages, losses, costs and fees incurred by Aztech and/or its Partners arising from or relating to your access or use of the Software or Services, your breach of this Agreement or your contravention of any law or infringement of any rights of Aztech and/or its Partners.

6. Limitation of liability

6.1  IN NO EVENT SHALL AZTECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SOFTWARE OR SERVICES, EVEN IF AZTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL AZTECH BE LIABLE IN ANY WAY FOR ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH THE USE OF OR ACCESS TO ANY CONTENT STORED, PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE OR SERVICES.

6.2 Neither Aztech nor its Partner, as the case may be, shall be liable for any loss suffered by you due to reasons attributable to third parties such as communication line failures, technical problems, network and system instability, device failures or any other force majeure factors which include war, rebellion, civil commotion, strikes, industrial disputes, fire, earthquakes, flooding, natural disasters, the requisitioning or other act or order by any government department, council or other constituted body, acts of God or any other happenings that are beyond Aztech’s or its Partner’s control.

6.3  When the User uses the Software or Services, the Software may call upon a third party to support the User’s use of or access to the Software and Services. Aztech does not guarantee the safety, accuracy and effectiveness of, or assume responsibility for, any service provided or offered by the third party through, or in connection with, the Software and Services; nor does Aztech assume any other uncertain risks or liabilities in the event any dispute arises therefrom or damages and losses are caused thereby.

6.4 Aztech reserves the right to, at any time, modify, suspend or indefinitely discontinue the Services or any feature thereof with or without further notice to you. You agree that Aztech will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any feature thereof.

6.5 Aztech does not guarantee that the Software and Services provided are safe, effective, accurate and/or reliable.

7. Ownership

The Software and all intellectual property rights such as copyright, trademark, patent, trade secret, etc. therein are the exclusive property of Aztech and, as the case may be, its Partners. Aztech and, as the case may be, its Partners, reserve all rights in and to the Software not expressly granted to you in this Agreement. There are no implied licenses in this Agreement. Any suggestions or feedback which you provide to Aztech regarding the Software and Services shall be Aztech’s property which Aztech may use, copy, publish, or redistribute without reference or compensation to you. You further agree that Aztech does not waive any rights to use similar or related ideas previously known to developed by, or obtained elsewhere by Aztech.

8. Warranty disclaimer

Aztech provides the Software “as-is”. Aztech, and as the case may be, Aztech’s partners, disclaim all implied or express warranties and conditions of any kind. Aztech does not guarantee any specific outcomes from the use of the Software and makes no warranty that the Software provided will be secure, timely, error-free, uninterrupted or free of viruses or other Service-related issues or compliant with applicable laws.   

9. Governing law and dispute resolution

9.1  You agree that the laws of the Republic of Singapore, without reference to the principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Aztech. In the absence of relevant legal provisions, local and/or international business practices may be referred to in the event of a dispute.

9.2 By using or accessing the Software and Services, both you and Aztech agree that any dispute arising from the use of or access to our Software and Services shall first be settled through consultations by the parties. If no settlement can be reached through such consultations, both parties agree to submit said dispute or claim under this Agreement to, and waive any venue objections against, the exclusive jurisdiction of the Singapore Courts. Notwithstanding the foregoing, Aztech has the right at any time to seek a temporary or permanent injunction or other equitable remedy or relief in any court having subject matter jurisdiction anywhere in the world.

10. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from Aztech if you fail to comply with any clauses herein. Upon the termination of this Agreement, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Clauses 3, 4, 5, 6, 7, 8, 9 and 10 of this Agreement shall survive any such termination.

11. Miscellaneous

11.1 The terms of your use and access of the Software may be updated and such updates will be notified through third-party platforms through which you downloaded the mobile Application (“App Stores” from Google and Apple). Certain services may be subject to additional terms which will be presented to you before you use or access the additional service(s).

11.2  Notices may be sent by email to the email address that you used to register an account in the mobile application.

11.3 Any failure by Aztech to exercise or enforce any right or clause in this Agreement shall not be deemed a waiver of such right or clause. The headings in this Agreement are for ease of reference only and themselves contain no practical significance. The headings shall not be used in interpreting the meaning of this Agreement.

11.4 Any clause herein which is prohibited by applicable laws or court decrees shall be ineffective to the extent of such clause, but such clause shall not in any way invalidate or affect the remaining clauses herein.

11.5 This Agreement, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Aztech’s prior written authorization. This Agreement may be assigned by Aztech without restriction. This Agreement is binding upon any permitted assignee.