Terms and Conditions

1.1 Terms of Service. The Platform (defined below) is operated by PT. Elektronik Distribusi Otomatisasi Terkemuka/eDOT (“we”, “us”, or “our”), directly or through our affiliates or subcontractors. These Terms of Service (“Terms of Service”) apply to and govern the use of the Services (defined below).

1.2 The eDOT Platform and Services. We operate our software and hardware systems made available at www.edot.id or any of its derivative applications. We provide access to our products (“Platform”), and we carry out the operation of the Platform (“Services”) directly or through our affiliates or subcontractors.

1.3 Master Agreement. The Terms of Service also form part of a master agreement (“Service Agreement”) by and between us and the entity responsible for using the Services (“User”). In these Terms of Service, we use “you” or “your” to refer to: (a) the User’s employees or independent contractors (as the case may be) who agree to these Terms of Service in order to use the Services; (b) the User’s clients who sign these Terms of Service in order to use the Services; or (c) the employees of such clients who sign these Terms of Service in order to use the Services; or (d) other conditions related to points (a), (b), and (c) where applicable.

1.4 Binding Effect. By registering for, accessing, or using the Services, you hereby agree to be bound by these Terms of Service. If you use the Services in your role as an employee or agent of an entity (such as a corporation, company, partnership, or other organization), you hereby represent, warrant, and agree that: (a) you are authorized to bind yourself to these Terms of Service in your personal capacity and on behalf of that entity; and (b) these Terms of Service will bind you and that entity.

1.5 Non-limiting Words. In these Terms of Service, we use the words “including”, “such as”, and “for example” in a non-limiting manner.

1.6 Updates. We reserve the right to change these Terms of Service at any time without any notice. You acknowledge and agree that you are responsible for periodically reviewing these Terms of Service and familiarizing yourself with any changes. Your use of the Services after such changes constitutes your acknowledgment and acceptance of the amended version of these Terms of Service.

To access the Services, you must use a user account that we issue to the User (“User Account”). To access the User Account, you will be required to use Access Credentials (defined in Section 3.4). You agree to: (a) provide accurate, current, and complete user information about yourself as may be requested by any registration form in the Services; (b) maintain the security of the Access Credentials; (c) maintain and promptly update your user information, contact information, and any other information you provide to us; (d) receive and promptly respond to communications from us electronically; (e) be fully responsible for your use of the User Account and any actions by others who have received Access Credentials as a result of your action or omission; (f) promptly notify us if you discover any use of the Access Credentials or Services that you have not authorized or that violates these Terms of Service.

3.1 Resources. We or our licensors, lessors, suppliers, or subcontractors (collectively referred to as our “Suppliers”) own, control, or are licensed to: (a) all inventions (whether patentable or not), works of authorship (whether copyrightable or not), trade secrets, trademarks, service marks, marks, domain names, logos, slogans, symbols, designs, trade dress, data, software, graphical user interfaces, content, text, images, photographs, audio recordings, sound recordings, graphics, audio and visual clips, videos, motion pictures, information, source code, algorithms, software logic, software design, software architecture, graphic layouts, and data processing methods, tools, functionality, materials, and services available on or through the Services, reports, results, query results, text, databases, other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof, together with all other resources displayed by or accessible within the Services; (b) the Platform, User Account, and Access Credentials; and (c) all documentation and information we provide that describes the technical, functional, or other aspects of the Services or Platform, including user guides, guides, release notes, technical manuals, specifications, usage policies, license requirements, help interfaces, support databases, readme files, and other documentation (collectively referred to as “Documentation”) (the items described in subsections (a)–(c) above and the Services are collectively referred to as “Resources”).

3.2 Intellectual Property Rights. The Resources are valuable property protected by applicable intellectual property rights and other proprietary rights, the laws of the Republic of Indonesia and other countries. Such intellectual property and proprietary rights may include patent rights, copyrights, trademarks and service marks, trade secret rights, trade dress protection, and database rights, and all such rights are and will remain the property of us or our Suppliers. You will not acquire any ownership or possession of any Resources or any intellectual property and proprietary rights. Except for the Usage Rights, you will not receive any rights or license (whether explicit or implied) in or to any Resources or any intellectual property and proprietary rights.

3.3 Usage Rights. Subject to these Terms of Service, we hereby grant you a non-exclusive, non-assignable, non-transferable, non-sublicensable, personal, limited right, exercisable only during the Usage Period (defined in Section 8.1), to: (a) access and use the Services; and (b) personally display the Documentation on the display screen of a computer, mobile device, or other hardware owned and controlled by you or the User (“Access Device”). The limited right granted to you under this Section shall be referred to as the “Usage Rights”. The Usage Rights will terminate automatically upon expiration of the Usage Period.

3.4 Additional Restrictions. As an additional condition of the Usage Rights, you will not, directly or indirectly (by causing or permitting another to): (a) license, sublicense, sell, resell, market, re-rent, lend, lease, assign, distribute, display (except for your personal display on your Access Device), host, outsource, disclose, permit timesharing or service bureau use, or make available or accessible to any third party, or otherwise commercially exploit any Resources or grant any right to access or use the Resources to any third party; (b) modify, enhance, adapt, improve, or create derivative works of any Resources; (c) decompile, disassemble, decrypt, reduce to human-readable form, port, translate, localize, hack, or reverse engineer any object code of any Resources or assemble or attempt to reverse engineer, reconstruct, identify, or discover any source code of any Resources, the structure, sequence, or organization of such source code, or any algorithm, method, or model contained therein; (d) “frame” or “mirror” any Resources on a third-party server or other infrastructure; (e) enter into a timesharing or data processing service arrangement involving the use of any Resources with any third party, including your affiliates; (f) remove, alter, or modify any product identification, trademark, copyright, patent, or other notices or markings contained in, displayed by, or provided with any Resources; (g) access or use any Resources to build any software, product, or service that is competitive with or similar to, or any model contained therein; (h) provide or transmit through the Services any data, information, computer code, content, media, work, or material (collectively, “Input”) containing software viruses, worms, Trojan Horses, or any other malicious files, scripts, agents, programs, or computer code; (i) interfere with, disable, overburden, impair, or disrupt the integrity or performance of any Services, the data contained therein or any part thereof, or the operation of any Resources; (j) attempt to gain unauthorized access to any Resources or their related systems or networks; (k) access, use, or copy any portion of the Resources through the use of bots, spiders, web crawlers, indexing agents, or other automated devices or mechanisms; (l) cause or enable robots, bots, spiders, scrapers, wanderers, gatherers, harvesters, site search/retrieval applications, or other automated devices, data processors, software modules, or processes to: (i) penetrate, interact with, or operate with any Resources; (ii) perform any step of any process managed by any Resources; or (iii) extract, data mine, pull, or retrieve any information or data from any Resources; (m) create any denial of service in connection with any Services; (n) intercept any third party’s communications using the Services or forge the origin of your communications or those of any end user, or attempt to do any of the foregoing; (o) use the Services for any illegal or harmful purpose; (p) conduct any automated, semi-automated, server-based, or software-based testing of any Resources without our prior written consent, including functional evaluation, benchmarking, vulnerability, performance, load, stress, and security testing; (q) circumvent or bypass login credentials (including usernames and passwords), login information, license keys, access keys, physical and electronic keys, authentication steps, security codes, or other security controls of us or our affiliates or Suppliers (collectively, “Access Credentials”); (r) access or use any Resources after the Usage Period; or (s) violate the applicable Documentation or other usage restrictions displayed in any Resources or in any documentation accessible within the Resources.

3.5 Penalties. Your violation of any of the restrictions in this Section 3 may subject you to penalties and liabilities under patent law, copyright law, trademark law, intellectual property law, and civil and criminal law.

4.1 By submitting, providing, or entering any Input into the Platform or otherwise through the Services, you hereby agree and warrant that: (a) you have the authority and right to use the Input in connection with the Services for the purposes of these Terms of Service; (b) the owner of the Input (if not you) has granted you a non-exclusive license (sublicensable to us and our affiliates and Suppliers) to use, process, store, transmit, hold, copy, reproduce, and create derivative works of the Input for our purposes and the provision of the Services by our affiliates and Suppliers; and (c) such license may be exercised without any obligation on us, our affiliates, and our Suppliers to pay any fees, royalties, or other payments to you or any third party. You hereby authorize us and our affiliates and Suppliers to use, process, store, transmit, hold, copy, reproduce, and create derivative works of the Input for the purpose of providing the Services. You are solely responsible for the accuracy, completeness, and truthfulness of the Input.

4.2 You agree to use the Services and Documentation only for their intended purposes and as permitted by these Terms of Service, our Suppliers’ terms, and applicable laws and regulations, as well as generally accepted online practices and industry guidelines.

4.3 To access the Services, you may be asked to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, true, and current.

4.4 You will not, directly or indirectly, engage in improper conduct in connection with your use of the Services or Resources, including: (a) installing or introducing viruses, malware, or other malicious code into the Platform; (b) uploading, posting, transmitting, sharing, or otherwise distributing any content that infringes the intellectual property rights of any party or contains any kind of unauthorized or unsolicited advertising; (c) violating applicable law, infringing anyone’s rights, engaging in conduct that is illegal, threatening, defamatory, abusive, harassing, intimidating, deceptive, invasive, racist, sexist, hateful, or offensive; (d) distributing content containing any kind of suggestive, inappropriate, or explicit language or imagery; (e) restricting or inhibiting any other user from using or enjoying the Services; (f) misrepresenting yourself as another person or as a fictitious individual; (g) interfering with or obstructing the Services or their operation or availability, or altering or damaging any Resources available through the Services; (h) taking any action that imposes or may impose, in our sole and exclusive discretion, an unreasonable or disproportionately large burden on the Platform or our systems; (i) bypassing any measures we may use to present or restrict access to the Services, or attempting (by any means) to gain access to data or information you are not entitled to access; (j) importing, entering, or transmitting any data that is unlawful to export or transmit without prior written permission or an export license from the applicable government entity; or (k) importing, entering, or transmitting any data that violates a license agreement, contract, or third-party rights.

We may monitor your use of and access to the Services to ensure compliance with these Terms of Service and other applicable rules, policies, deadlines, and instructions. By using the Services, you expressly consent to such monitoring. To the extent permitted by applicable law, we may electronically track and monitor your activities carried out on the Access Device while using the Services. If such monitoring reveals possible criminal or unlawful activity or unauthorized use of the Services, we may take, among other measures, one or more of the following actions: (a) suspend or terminate your access to the Services; or (b) suspend or terminate the User’s access to the Services.

We will collect, use, and process the Input only to the extent reasonably necessary to provide the Platform and Services. We will also comply with all applicable data privacy laws in doing so. As part of that compliance, we will use at least industry-standard technical, procedural, and physical means to protect against unauthorized access, use, or disclosure of personal information. Unless expressly stated otherwise, we may transfer, copy, back up, and store the Input in Indonesia or other jurisdictions outside the User’s country.

6.1 Your Warranties. You hereby represent and warrant that: (a) all information you provide to us in connection with the Services, User Account, or these Terms of Service is and will be true and accurate; (b) you have the right to provide the Input for processing by the Services and storage on the Platform; and (c) you have the right to agree to these Terms of Service on your own behalf and on behalf of any entity for which you work by using the Services.

6.2 Disclaimer of Warranties. To the extent permitted by applicable law, (a) all resources are provided on an “as is”, “where is”, and “as available” basis with all faults; (b) we expressly disclaim all warranties of any kind, whether express or implied, including the concepts of “implied warranties of merchantability”, “fitness for a particular purpose”, quality of information, title, and non-infringement with respect to the resources; and (c) we do not warrant that any resource will be available uninterrupted, timely, or error-free. You agree and acknowledge that your use of the services and other services provided by us is at your own risk. Without limiting the foregoing, you acknowledge and agree that we and our suppliers do not operate or control the internet and that viruses, worms, trojan horses, other unwanted data or software, and unauthorized third parties (e.g., hackers) may gain access to the resources and cause damage to your input, website, computer, or network. We are not responsible for such damage and such occurrences do not constitute a breach by us of these Terms of Service.

6.3 Exclusion of Damages. To the extent permitted by applicable law, under no circumstances will we be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to damages for loss of profits or revenue, loss of data or property) incurred by you or any third party, arising from your access to, or use of, the resources.

6.4 Limitation of Liability. Under no circumstances will we be liable for damages or amounts arising out of or relating to these Terms of Service in excess of the total amount paid to us in the twelve (12) months prior to the event giving rise to the liability.

You hereby release, waive, defend, indemnify, and hold harmless us, our affiliates, and our and our affiliates’ officers, directors, employees, agents, licensors, suppliers, and contractors from and against any and all losses, liabilities, claims, suits, proceedings, demands, damages, costs, recoveries, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your access to or use of the Services or Documentation; (b) your Input; (c) any unauthorized access by any person or entity to any Resources caused by your handling or mishandling of any Access Credentials; (d) your violation of applicable law or infringement of the rights of any person or entity; (e) your negligence or fault (whether intentional or otherwise); or (f) your breach of any warranty, representation, or obligation in these Terms of Service.

8.1 The term of these Terms of Service will commence upon: (a) your clicking “accept”, “agree”, or another indicator of consent accompanying these Terms of Service; and (b) your access to or use of the Services or Resources (“Effective Date”), including retroactive effect if you have previously accessed or used the Services or Resources. The term of these Terms of Service will continue from the Effective Date until the earlier of the termination of the Service Agreement, the termination of the User Account, and the suspension or termination of our Services in accordance with the Service Agreement or these Terms of Service (“Usage Period”). The term of these Terms of Service will end automatically at the end of the Usage Period.

8.2 Before the Usage Period ends, we may immediately terminate, suspend, or restrict the Usage Period (or these Terms of Service in their entirety) if: (a) you breach any provision of these Terms of Service; (b) we suspect that you have infringed the rights of any third party, violated these Terms of Service, or engaged in any violation; or (c) we conclude that such termination, suspension, or restriction is necessary to maintain the security or integrity of the Services, or to prevent misuse of any Resources by anyone, including you.

8.3 Survival. Our rights under Section 3 will survive the termination or expiration of these Terms of Service, and your obligations and restrictions under Section 3 will survive the termination or expiration of these Terms of Service. Furthermore, the rights and obligations under the following provisions of these Terms of Service will survive the termination or expiration of these Terms of Service:

Sections 3, 4, 5, and 7 through 11, together with all other provisions that by their essence have a survival element.

You will not assign these Terms of Service, in whole or in part, to any third party. Any assignment deemed to violate this Section will be void by operation of law. Our delay or failure to exercise or enforce any right or provision of these Terms of Service will not waive or release such right or provision. If any part or provision of these Terms of Service is unenforceable under applicable law, such part or provision will be modified to make these Terms of Service, as amended, valid and enforceable. These Terms of Service will be governed by the laws of the Republic of Indonesia.

The Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia) will have sole and exclusive jurisdiction over any and all disputes, claims and controversies, lawsuits, and legal actions arising out of, under, beyond, in connection with, or in relation to these Terms of Service (collectively referred to as “Disputes”). If a Dispute involves or relates to the infringement or misappropriation of your intellectual property, we may choose the jurisdiction and venue where you reside or where such infringement or misappropriation occurred. If any court holds any provision of these Terms of Service unenforceable because its scope relates to the disclaimer of warranties,

limitation of liability, time, restrictions, ownership, or other matters, that court will have the authority to modify such provision, by reducing or limiting it or by deleting words or phrases. In its reduced form, such provision will then be enforceable and will be enforced under applicable law. In the event of a conflict between the provisions of these Terms of Service and the provisions of the Service Agreement, the provisions of the Service Agreement will prevail.

You may contact us regarding these Terms of Service through our contact page at www.edot.id or by writing or emailing us at [email protected].