Terms of Use (ToU)

Your access to or use of the www.skywavesolutions.com website and/or any sub- or sister-domains thereof, including the entire website (the "Website"), its Content and Services (as defined below), constitutes your acceptance and agreement to be bound by the following terms and conditions.

1. Definitions

   Skywave Solutions, "we", "us", "our": Skywave Solutions (Thailand) Co., Ltd.

   User, "you", "yours": anyone who accesses the Website and/or uses the Content and/or Services (as defined below):

   Services: all and any services provided by Skywave Solutions from the Website, including, but not limited to, your access but not limited to the "Self-Assessment Tools", such as our Marketing, Sales, and Customer Experience Health Checks.

   Content: all and any content contained on or generated by the Website, including, without limitation, Products, questionnaires, reports, text, graphics, and software.

2. Prohibited Use

   You may not use the Website, its Content and/or Services for any illegal purpose or in any way prohibited by with these Terms of Use. Your use of the Website, its Content and/or Services is subject to all applicable international and local laws and regulations. You may not use the Website, its Content and/or Services in any manner which could damage, disable, overburden, or impair the Website, its Content and/or Services or interfere with any other party's use and enjoyment of Website, its Content and/or Services.

   This website and the contents are intended only for the individual and non-commercial use of website users. No user of this website may resell, republish, print, download, or copy any portion of this website or the contents for commercial use without the prior written consent of Skywave Solutions.

   You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

3. Liability Disclaimer

   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SKYWAVE SOLUTIONS AND/OR ITS OWNERS, DIRECTORS, PARTNERS, ASSOCIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND AVAILABILITY.

   THE CONTENT, PRODUCTS AND SERVICES, OR ANY INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS, OR BE INCOMPLETE. ADVICE RECEIVED VIA SKYWAVE SOLUTIONS WEBSITE, CONTENT AND/OR SERVICES MUST NOT BE RELIED UPON FOR PERSONAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR SITUATION.

4. Termination

   You may terminate the Terms of Use at any time and effective immediately by discontinuing all use of the Website, Content and Services and destroying all materials you obtained from or via the Website, and any copies thereof.

   Skywave Solutions may terminate these Terms of Use with or without cause at any time and effective immediately. Upon receive a notice of termination from Skywave Solutions, you must destroy all materials obtained from the Website and via the Services and any copies thereof.

5. Access Restriction

   Skywave Solutions may terminate or restrict your access to all and any part of the Website and/or Services at any time, in its sole and absolute discretion, and effective immediately.

6. Modifications of These Terms of Use

   Skywave Solutions reserves the right, to make changes to these Terms of Use from time to time, in its sole discretion. The updated Terms of Use are available to the User via the Website.

7. Modifications of Content and Services

   Skywave Solutions reserves the right, in its sole discretion, to make changes to or discontinue Content and/or Services, or portions thereof, including, without limitation, changing Content and Services, with or without notice to you, and without liability to you or any third party.

8. Applicable Law

   To the maximum extent permitted by law, this agreement is governed by the laws of the Kingdom of Thailand and you hereby consent to the exclusive jurisdiction and venue of courts in Bangkok, in all disputes arising out of or relating to the use of the Web Site, Content and/or Services. Use of the Website, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

9. Intellectual Property Ownership, Copyright, Reservation of Rights

   The Self-Assessment tests and the software of these tests, and all Content of the Website are Copyright © Skywave Solutions or its licensors. All Rights Reserved.

   All Content are the intellectual property of Skywave Solutions. The Self-Assessment Tests, their scoring algorithms, their report generation algorithms, and their software code are valuable intellectually property (trade secrets and confidential information) of Skywave Solutions. You have no intellectual property rights in the Content, the Products, the Website and any materials thereon.

   All Content is protected by law, including without limitation the copyright laws of The Kingdom of Thailand and other countries, and by international treaty provisions. All rights not expressly granted are reserved by Skywave Solutions and its licensors.

   The unauthorized use of the Content will result in civil and criminal sanctions, including intellectual property proceedings, the pursuit of statutory damages, and all other recourse available to Skywave Solutions.

10. No reverse engineering, modification, website automation or integration

    You shall not reverse engineer, decompile, disassemble, approximate, or otherwise attempt to discover the source code, the scoring algorithms, or the reports generation algorithm of Skywave Solutions Services, or any of the Content.

    You shall not modify, adapt, translate, or create derivative works based upon the Website, Content, and any materials provided on or as a part of Website or Content. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Website, Content and/or Services.

    You shall not embed, integrate, automate usage of, Services offered on Skywave Solutions website, fully or partially, unless expressly permitted by Skywave Solutions in writing.

11. Indemnification

    You agree to defend, indemnify and hold each of Skywave Solutions, its subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses.