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End-User License Agreement

WISESIGHT End-User License Agreement

This End-User License Agreement ("this Agreement" or the "EULA") is a legally binding contract between you, as the natural person accessing or using the Products ("you" or the "Authorised User"), and Wisesight (Thailand) Co., Ltd. (the "Company" or "Wisesight").

By clicking "Accept", by logging in, or by accessing or using any Product, you confirm that:

  • You have read, understood, and agree to be bound by this Agreement;
  • You are authorised to access the Products on behalf of the organisation that has contracted with the Company (the "Client"); and
  • You accept this Agreement in your capacity as a natural person, not as a representative of the Client. Your acceptance of this Agreement does not amend, vary, or replace any contract made between the Company and the Client.

If you do not agree to this Agreement, please do not access or use the Products.

1. Scope of the Agreement

This Agreement governs your conduct as an individual user and does not alter the commercial relationship between the Company and the Client. Where any provision of this Agreement conflicts with the Master Agreement on a matter forming the material subject matter of the Master Agreement (such as fees, service levels, or indemnification as between the Company and the Client), the Master Agreement shall prevail in the relationship between the Company and the Client. In the relationship between the Company and you, this Agreement shall prevail in matters concerning your conduct as an individual.

Your right to access and use the Products is granted as a sub-licensee under the licence the Company has granted to the Client under the Master Agreement. Your rights under this Agreement are co-extensive with, and do not exceed, the rights the Company has granted to the Client under the Master Agreement. In the event that the Client's subscription is suspended, terminated, or expires, your rights under this Agreement end automatically.

This Agreement applies to you as an Authorised User, including where you create, hold, or use an Access Credential (API key or access token) or connect to the Products through a Connector, whether personally or through automated systems you control. Creating or using such Access Credential constitutes acceptance of this Agreement.

2. Definitions

  • "Authorised User" means a natural person to whom the Client has granted the right to access the Products, and who has accepted this Agreement.
  • "Client" means the juristic person that has entered into a Master Agreement with the Company, and on whose behalf you access the Products.
  • "Confidential Information" means non-public information disclosed to you by the Company, or generated within the Products, including but not limited to Outputs, system operation details, pricing, development plans, and technical details.
  • "Input" means data, prompts, search terms, keywords, files, and other content you enter into or upload to the Products.
  • "Output" means analytical results, reports, dashboards, AI-generated content, summaries, classifications, scores, vectors, and other work products generated by the Products.
  • "Products" means the software products and services of the Company that you access under this Agreement, which may include but are not limited to Zocial Eye, Warroom, Influencer Directory, Brand Scan, Virtual Persona, Wisesight AI, Monitoring & Alert, Command Center, Omnichannel Solution, and Research Assistant, together with API features, connections, and related documentation.
  • "Source Platform" means a third-party platform from which the Products receive data, including but not limited to Meta (Facebook, Instagram, Threads), X (formerly Twitter), TikTok, YouTube/Google, Pantip, and LINE.
  • "Access Credential" means an API key or access token issued by the Company for authentication and access to the Connector.
  • "External AI Service" means a processing service, large language model, or artificial intelligence system of a third party which the Authorised User or the Client procures, subscribes to, and controls itself, and which the Authorised User connects to the Products through the Connector provided by the Company, including but not limited to tools supporting the Model Context Protocol (MCP) (such as Claude or ChatGPT).
  • "Connector" means an application programming interface (API), a Model Context Protocol (MCP) server, or another connection mechanism established specifically by the Company to enable Authorised Users to retrieve, export, and process data from the Products, including for connecting to External AI Services.

3. License Grant

Subject to your continuing compliance with this Agreement, and to the Client's continuing rights under the Master Agreement, the Company grants to you, for the duration of the service term, a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Products solely for the internal business purposes of the Client, strictly in accordance with the documentation and this Agreement.

The licence does not include the right to:

  • Access or use the Products for the benefit of any person other than the Client;
  • Resell, sublicense, distribute, rent, or otherwise commercially exploit the Products or the Outputs;
  • Use the Products to create, train, or improve any product or service that competes with the Company's Products;
  • Benchmark, perform competitive analysis, or publish performance comparisons of the Products without the Company's prior written consent;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, architecture, or training data of the Products, except to the extent that applicable law requires such acts to be permitted;
  • Remove, obscure, or alter any proprietary notices, logos, or watermarks; or
  • Systematically extract, scrape, or download data from the Products by any means other than the features the Company has provided specifically for data export.

All rights not expressly granted to you under this Agreement are reserved to the Company and its licensors.

4. Acceptable Use

You may use the Products only in accordance with the documentation, this Agreement, and the Master Agreement, and within the scope of the access rights and feature entitlements the Client has assigned to you.

You must not, and must not permit any third party to:

  • Use the Products in a manner that violates applicable law or regulation or the rights of third parties, including the Personal Data Protection Act, the Computer Crime Act, the Copyright Act, the Penal Code, or the Consumer Protection Act;
  • Use the Products to harass, threaten, defame, stalk, surveil, or discriminate against any person, or to profile individuals for unlawful political communications;
  • Use the Products to track, stalk, or profile specifically named individuals (other than public figures) where doing so would violate the Personal Data Protection Act, the requirements of the Source Platform, or applicable privacy law;
  • Input into the Products sensitive personal data under Section 26 of the Personal Data Protection Act, unless there is a clear lawful basis and the Client has authorised the input of such data in writing;
  • Input into the Products any data you have no right to process, including data subject to duties of confidentiality, professional privilege, trade secrets, or third-party intellectual property rights;
  • Use the Products in a manner that violates the terms and conditions of use, developer policies, or requirements of a Source Platform, including but not limited to the Meta Platform Terms, the X Developer Agreement and Policy, the TikTok for Developers Terms, and the Google API Services User Data Policy;
  • Introduce into the Products any virus, worm, trojan, ransomware, or other malicious code, or attempt to circumvent any authentication mechanism, rate limit, security measure, or access control;
  • Access the Products by any automated means (including bots, scrapers, or headless browsers) other than through the Connector the Company has designated (including the API and the MCP server) and within the usage rates the Company has announced or prescribed;
  • Impose excessive load, send high volumes of requests, send spam, or cause interference with the operation of the Products or the Company's infrastructure;
  • Use the Products, Inputs, or Outputs to develop, train, fine-tune, or create any machine learning model, large language model, or artificial intelligence system that competes with the Company's Products, or for the development of general foundation models, except for (a) AI features the Products make available to you specifically for that purpose, or (b) connecting your own External AI Service through the Connector to analyse data you are lawfully entitled to access, as authorised; provided that, in every case, you must not use the Products, Inputs, or Outputs to train or fine-tune any AI model in a manner that enables that model to reproduce or substitute for the features or Outputs of the Products; or
  • Access through the Connector is limited to the scope of campaigns for which the Access Credential is authorised and is subject to the usage rates announced by the Company; you must not circumvent such scoping or usage rates;
  • Use the Products for election interference, coordinated disinformation campaigns, or coordinated inauthentic behaviour as defined by the Source Platform or applicable law.

You acknowledge that the Products receive data from Source Platforms, and your use of Outputs derived from such data must comply with the requirements of the relevant Source Platform. You are responsible for the lawfulness of your search terms and Keywords and for your use of the Outputs. The Company bears no responsibility for violations of Source Platform requirements arising from your search terms or your use of the Outputs.

5. User Accounts, Credentials, and Security

  • You must keep your password, multi-factor authentication tokens, API keys, and other credentials confidential.
  • You must not share your credentials with, or permit any other person to access the Products through, your credentials, including colleagues within the Client (each individual must receive his or her own credentials).
  • You are responsible for all activities occurring under your credentials, except activities proven to result from a failure of the Company's systems.
  • You may create Access Credentials through the credential management section, defining the scope of campaign access and the expiry period (not exceeding one (1) year). The credential value is displayed only once and cannot be retrieved afterwards. You are responsible for storing it securely and for scoping the credential to no more than is necessary for its use.
  • You must not embed Access Credentials in public source code, code repositories, or client-side environments accessible to third parties.
  • You must revoke Access Credentials promptly when no longer authorised, or upon suspicion of unauthorised use, and notify the Company. Revocation is immediate and irreversible.

6. Use of Artificial Intelligence

The Products contain features using artificial intelligence and machine learning, including but not limited to Wisesight AI Assistant, Research Assistant, Virtual Persona, AI Summary, and AI Insights, sentiment classification, topic classification, intent classification, and influencer profiling. You acknowledge and accept that AI-generated Outputs:

  • May contain factual inaccuracies, including fabricated content commonly known as "hallucination";
  • May reflect biases present in the training data or model design;
  • May be incomplete, out of date, or unable to account for context, satire, sarcasm, or cultural nuance, particularly in Thai-language content;
  • Are probabilistic by nature and may produce different results in response to the same Input; and
  • Are intended as decision-support tools, not as a substitute for the judgement of qualified humans.

Where you use the Virtual Persona product, you expressly acknowledge that Virtual Persona is a tool that generates synthetic profiles and synthetic responses by simulating consumer attributes from public data. Virtual Persona Outputs are not interviews with real consumers, are not survey responses of real individuals, and must not be presented to any third party as such, including in marketing materials, client deliverables, regulatory filings, or public communications. Where you incorporate Virtual Persona Outputs into any deliverable to a third party, you must apply a clear and conspicuous label stating that the content is synthetic data generated by artificial intelligence.

Accordingly, you must not rely on AI-generated Outputs as the sole basis for any decision producing legal, medical, or financial effects, or significantly adverse effects, on any person. Where AI-generated Outputs play a role in such a decision, a qualified expert must review and take responsibility for the final decision.

When you use the AI features, you grant the Company a non-exclusive, worldwide, royalty-free licence to process the Inputs and relevant context, for the limited purposes of generating the Outputs you request and of operating, securing, and improving the Products. The Company does not use the Inputs of Authorised Users to train the foundation models made available by External AI Service providers. The use of Inputs for training the Company's own models is subject to the Master Agreement and the Authorised User Privacy Notice.

7. Connection of the User's External AI Services

The Connector. The Products may allow Authorised Users to connect their own External AI Services to the Products through the Connector the Company provides (including the API and the MCP server), to retrieve, export, and process data from the Products within the scope of access rights determined by the Client.

Action on the user's instructions and discretion. Connecting to and using an External AI Service is an act carried out solely on the instructions and at the discretion of the Authorised User and the Client. The Authorised User and the Client are themselves responsible for selecting, procuring, subscribing to, paying for, and complying with the terms, conditions, and policies of that External AI Service provider. The Company is not a party to the relationship between the Authorised User or the Client and the External AI Service provider.

Scope of the Company's role. Once data from the Products has been sent or retrieved out to the user's External AI Service, the processing, storage, and use of such data occurring within or by the External AI Service is beyond the Company's control. The Company is neither a Data Controller nor a Data Processor for the processing occurring within that External AI Service, and the Company shall not be liable for any loss or damage arising from or in connection with the processing, storage, disclosure, or use of data by the External AI Service provider or by the Authorised User.

Data that must not be exported. The Authorised User must not send, retrieve, or disclose to an External AI Service data such as: sensitive personal data under Section 26 of the Personal Data Protection Act; data the user has no right or lawful basis to access or process; and data whose export to an External AI Service would violate the requirements, developer policies, or terms of use of the Source Platform.

Connection credentials and security. The Authorised User must keep the Access Credential (API key or access token) used for the connection confidential, scope the access to no more than is necessary for the use, and revoke such access promptly when no longer authorised or when the need for use has ended. The Authorised User is responsible for all activities occurring under his or her Access Credential.

Suspension of the connection. The Company may suspend, restrict, or revoke access to the Connector, or where the Company reasonably determines that the use creates a security risk, violates the requirements of a Source Platform, or violates law or this Agreement.

8. Inputs and Outputs

You represent and warrant that you have the right to enter each Input into the Products and that the Input does not violate the use prohibitions.

You grant the Company a non-exclusive, worldwide, royalty-free, transferable licence (with the right to sublicense to the Company's sub-processors solely for the purpose of providing the Products) to host, store, transmit, display, modify, and otherwise process the Inputs, solely for the purposes of operating, securing, supporting, and improving the Products.

As between you and the Company, the Client owns the Outputs to the extent set out in the Master Agreement. Accordingly, you may use the Outputs only for the internal business purposes of the Client and in accordance with the Master Agreement and this Agreement.

The Company may generate aggregated, statistical, or de-identified data derived from the Inputs and the Outputs of the Products, and may use such data for any lawful purpose, including improving the Products and the Company's other offerings. Such aggregated data must not be capable of identifying you or the Client.

9. Intellectual Property

The Company and its licensors own all right, title, and interest in the Products, including all software, models, training data, weights, embeddings, user interfaces, documentation, and all related intellectual property rights. This Agreement does not transfer any ownership or proprietary rights to you.

Where you provide the Company with suggestions, ideas, improvement requests, or comments regarding the Products ("Feedback"), you grant the Company an irrevocable, perpetual, worldwide, royalty-free licence to use, modify, and exploit the Feedback without restriction and without attribution.

10. Confidentiality

You must keep Confidential Information confidential, using at least the degree of care you use to protect your own confidential information of comparable sensitivity, and in no case less than a reasonable degree of care. You must use Confidential Information solely for the purpose of using the Products in accordance with this Agreement, and must not disclose Confidential Information to any third party other than colleagues within the Client who need to know and who are bound by confidentiality obligations no less protective than those specified.

Confidential Information does not include information that: (a) is or becomes generally known to the public other than through your breach; (b) you lawfully knew before disclosure by the Company; (c) you developed independently without reference to the Confidential Information; or (d) is required to be disclosed by law, court order, or the order of a regulator, provided you notify the Company promptly (to the extent lawful).

11. Privacy and Personal Data

The Company processes personal data about you (the Authorised User) in connection with your access to and use of the Products. The Company is the Data Controller of such data. The categories of data, purposes, lawful bases, recipients, retention periods, and your rights appear in the Authorised User Privacy Notice available on the website.

Personal data whose processing within the Products is initiated by you, by the Client, or by a Source Platform (including personal data of end users, authors of public content, business counterparties, and other persons) will be processed by the Company as Data Controller or Data Processor depending on the product and activity; the roles, lawful bases, and related duties are set out in the Privacy Notice — Our Services and the Data Processing Agreement.

12. Third-Party Components, Open-Source Software, and Connections

The Products may incorporate third-party software components, including open-source software, the use of which is subject to the licence terms accompanying those components. Those third-party terms apply in addition to, and do not limit, your obligations under this Agreement.

Where you connect the Products to third-party systems using OAuth tokens, API keys, or webhooks, you represent that you are authorised to grant such access and that the connection does not violate third-party terms or third-party rights. You must revoke such access promptly when you are no longer authorised.

13. Suspension

The Company may suspend your access immediately and without prior notice where the Company reasonably determines that:

  • You have breached this Agreement;
  • Your use creates a risk to the security, integrity, or availability of the Products or to other users;
  • The Company is required to suspend use by law, by the order of a regulator or a court, or as required by a Source Platform; or
  • The Client has revoked your access rights, or the Master Agreement has been suspended or terminated.

14. Termination of the Agreement

This Agreement terminates automatically and without prior notice on the date of whichever of the following events occurs first:

  • The date the Client revokes your access credentials;
  • The date the Client's subscription under the Master Agreement is suspended (for the duration of the suspension), terminated, or expires;
  • The date the Company notifies you that this Agreement is terminated for your breach; or
  • The date you cease to be an Authorised User for any reason.

Upon termination of this Agreement:

  • Your right to access and use the Products ends immediately;
  • You must cease all use of the Products and the Outputs, save as expressly permitted by the Master Agreement.

15. No Warranty

To the maximum extent permitted by applicable law, the Products and all Outputs are provided to you "as-is" and "as-available", without warranty of any kind, whether express, implied, or statutory. The Company does not warrant that the Products will be uninterrupted, free of defects, or secure, or that defects will be corrected; nor does the Company warrant the accuracy, completeness, currency, fitness for a particular purpose, or non-infringement of any Output, including AI-generated Outputs and Outputs derived from Source Platform data. Any service level commitments, uptime warranties, or remedies are given by the Company to the Client under the Master Agreement and are not given to you under this Agreement.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR IN CONNECTION WITH THE ACCESS TO OR USE OF THE PRODUCTS OR THE CONNECTOR; AND THE COMPANY'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT, ON ANY BASIS WHATSOEVER.

17. Amendment of the Agreement

The Company may amend this Agreement from time to time. For material amendments, the Company will notify you by email or in-product notification at least thirty (30) days before the amendment takes effect. Your continued use of the Products after the effective date of a material amendment constitutes your acceptance of the amended Agreement. If you do not agree to a material amendment, you must cease using the Products. The Client's rights under the Master Agreement are not affected by your non-acceptance.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Thailand. You agree that the Thai courts sitting in Bangkok shall have jurisdiction over any dispute arising from or in connection with these Terms.

19. General Provisions

  • Force majeure — The Company shall not be liable for any failure or delay in performance under these Terms to the extent caused by events beyond the Company's reasonable control, including force majeure, natural disasters, epidemics, war, terrorism, civil unrest, acts of state, failures of the internet or telecommunications, or failures of a Source Platform.
  • Entire agreement — These Terms, together with the Wisesight Trends privacy notice and the Cookie Policy, constitute the entire agreement between you and the Company regarding the services, and supersede all prior or contemporaneous understandings on the subject.
  • Severability — If any provision of these Terms is held void or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
  • No waiver — The Company's failure to exercise, or delay in exercising, any right under these Terms shall not constitute a waiver of that right.
  • Assignment — The Company may assign these Terms to an affiliate, or in connection with a merger, acquisition, or sale of substantially all assets, upon prior notice to you.
  • Language — These Terms are made in Thai and English. In the event of any conflict between the Thai and English texts, the Thai text shall prevail for the purposes of interpretation.

20. Contact Channels

If you encounter usage problems or have questions relating to the Company's services, please contact the Company's staff responsible for your organisation, or contact support@wisesight.com or any support channel appearing on the platform.

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