Software as a Service (SaaS) agreement

This Software as a Service (SaaS) Agreement ("Agreement") is between fentu ("Fentu", "we", "us", or "our") and the entity or individual ("Client", "you", or "your") agreeing to these terms. By accessing or using our services, you agree to comply with and be bound by this Agreement.

1. Purpose

This Agreement governs your use of the SaaS services provided by Fentu, including related software, support, and any other services provided under the terms of this Agreement (the "Services"). This Agreement, together with any referenced documents, constitutes the entire understanding between the parties.

2. Definitions

• Services: Includes system administration, monitoring, and the right to use Fentu's software, support services, and any other related offerings as described in the applicable Purchase Order.
• Client Data: Any data entered or stored by the Client or authorized users within the Services.
• Purchase Order: The document that outlines the scope, pricing, and specific terms for the Services provided.
• Users: Individuals authorized by the Client to access and use the Services.
• Subscription Term: The period during which you have agreed to subscribe to the Services as defined in the Purchase Order.
• Confidential Information: All non-public information disclosed by one party to the other, including business plans, customer data, software code, designs, and technical specifications.

3. Rights granted

Fentu grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Services for your internal business purposes, subject to the terms of this Agreement and any applicable Purchase Order. You are responsible for ensuring that all authorized users comply with the terms of this Agreement.

4. Ownership and restrictions

• Fentu retains all rights, title, and interest in the Services, including all intellectual property rights.
• You retain ownership of your data. However, you grant Fentu a worldwide, royalty-free license to use, host, and display your data solely for the purpose of providing the Services.
• You may not reverse engineer, decompile, or disassemble the Services.
• You may not use the Services to develop competing products.
• You may not transfer, sublicense, or provide access to any third party outside of your authorized users.

5. Data privacy and compliance

Fentu adheres to the Personal Data Protection Act (PDPA) of Singapore, the General Data Protection Regulation (GDPR) of the European Union, and applicable data-protection laws in the United States.

Data hosting

Your data is hosted in one of Fentu's designated data centres, located in Singapore, Germany, or the United States, all managed by Google Cloud. The assigned hosting region depends on your service configuration or contractual agreement.

Security measures

Fentu employs industry-standard security practices, including encryption in transit and at rest, strict access controls, credential management, and continuous security monitoring.

6. Fees and payments

All fees and payment terms are outlined in your Purchase Order. Payments are due as specified and are non-refundable unless explicitly stated otherwise. We may adjust recurring fees upon renewal with prior notice.

7. Service Level Agreement (SLA)

We guarantee an annual uptime of 99%, excluding scheduled maintenance. If we fail to meet these standards, you may be eligible for a service credit applied to future invoices.

• Planned maintenance: Conducted during off-peak hours with at least 7 days' notice; excluded from uptime calculations.
• Service credits: If uptime falls below 99%, a credit of 2% of the monthly fee for every 1% below the SLA threshold, capped at 100% of the monthly fee.

8. Term and termination

The initial term is defined in the Purchase Order. Upon expiration, the Agreement renews automatically unless terminated by either party with at least 30 days' notice before the renewal date. Either party may terminate for material breach that remains uncured for 30 days after written notice.

9. Confidentiality

Both parties agree to treat all confidential information with the same degree of care as they would their own and not disclose it to any third party, except as necessary to fulfill obligations under this Agreement.

10. Limitation of liability

Fentu's liability under this Agreement is limited to the amount you have paid in the 12 months preceding the incident. We are not liable for indirect or consequential damages, including loss of profits or business interruptions.

11. Governing law

This Agreement is governed by the laws of Singapore. Disputes shall first be attempted amicably; if unresolved, they may be referred to arbitration in Singapore under SIAC rules.

Contact

Questions about this Agreement: contact@fentu.io.