Wisesight Trends Terms of Use

These Terms and Conditions of Service (the "Terms") are a legally binding agreement between you and Wisesight (Thailand) Co., Ltd. (the "Company" or "Wisesight"), and govern the access to and use of Wisesight Trends through the website trend.wisesight.com (the "Service").

By creating an account, logging in (including via Facebook Login), or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by the Wisesight Trends privacy notice. If you do not agree, please do not use the Service.

1. Scope of the Agreement

These Terms apply to the access, account registration, login, and use of the Wisesight Trends service through the website trend.wisesight.com, including features, tools, displays, content, and any other services the Company may provide in connection with Wisesight Trends from time to time.

These Terms apply between the Company and each individual user, whether the user uses the Service for personal purposes or to support work within his or her organisation, save where the Company and the user's organisation have made a separate written agreement expressly stated to prevail over these Terms.

2. Definitions

• "User Account" means the user account created on the Service via Facebook Login.
• "Aggregated Content" means trend feeds, rankings, organisation, arrangements, dashboards, graphs, and labels generated by machine-learning models (categories, sentiment, benchmarks) that the Company produces from the Source Content. Aggregated Content is the property of the Company, subject to the rights of original creators in the Source Content components.
• "Facebook Login" means the authentication mechanism provided by Meta Platforms, Inc. that allows you to sign in to the Service using your Facebook credentials.
• "PDPA" means the Personal Data Protection Act B.E. 2562 (2019), together with the relevant notifications and subordinate legislation.
• "Service" means Wisesight Trends, a service that compiles, ranks, organises, analyses, and displays trending content from publicly available content on social media platforms, through the website trend.wisesight.com, including features, tools, or any other service channels the Company may provide in connection with Wisesight Trends from time to time.
• "Source Content" means original social media posts (text, images, videos, captions, hashtags, comments, metrics) originating from third-party platforms and displayed through the Service. Source Content is the property of its original creators, not of the Company.
• "Source Platform" means a third-party social media platform from which Source Content is collected, including but not limited to Facebook, Instagram, TikTok, X (formerly Twitter), and YouTube.

3. The Service

Wisesight Trends is a service that compiles, ranks, organises, analyses, and displays publicly available content on third-party social media platforms, including Facebook, Instagram, TikTok, X (formerly Twitter), YouTube, and any other platform the Company may support from time to time.

• Collects publicly available posts, text, images, videos, captions, hashtags, comments, and engagement metrics from Source Platforms;
• Ranks, organises, and displays such content by engagement, recency, keyword matching, behavioural signals of the content, and other criteria the Company determines; and
• Uses automated systems, machine-learning models, or artificial intelligence to assist in categorising, analysing trends, generating labels, or assessing the sentiment of content.

The Wisesight Trends service provides trend information in aggregated form derived from publicly available content on social media platforms. The Service is provided for general information and personal interest only.

The Service is provided solely for the purposes of general information, trend monitoring, and understanding the overall picture of topics attracting attention on social media. The Service is not intended to constitute legal, financial, investment, medical, political, or other specialist advice.

The Service is currently provided free of charge. The Company reserves the right to introduce paid features, paid service tiers, or to discontinue the free service at any time.

The Company does not warrant that:

• The content in the Service will be accurate, complete, current, or error-free;
• The Service will be available at any particular time, will be uninterrupted, or will be free of defects; or
• Any feature will remain available for any particular period.

4. Facebook Login and the Use of Your Data

If you choose to use Facebook Login, Meta will share a limited scope of personal data from your Facebook profile with the Company to enable authentication and the creation of a User Account, including (without limitation) your Facebook user ID, name, email address (where you have provided it to Meta), and profile picture. The precise scope of data will be displayed to you on the Facebook permission screen at the time you sign in. You can review and revoke these permissions at any time in your Facebook account settings. The Company uses the data received through Facebook Login solely to:

• Verify your sign-in to the Service;
• Create and maintain your User Account; and
• Provide, and adjust the features of, the Service accessible to your User Account; and
• Communicate with you about the Service (including service announcements).

The Company's processing of data received through Facebook Login is carried out in accordance with the Meta Platform Terms and the Meta Developer Policies. You are responsible for complying with Meta's requirements in respect of your own Facebook account.

5. Source Content — Third-Party Posts Displayed Through the Service

The Service displays Source Content originally published by third parties on Source Platforms. The Company compiles content in a manner that involves no editorial role: the Company does not create, edit, endorse, or fact-check Source Content.

The Company does not select, edit, quality-control, or verify the accuracy, completeness, or lawfulness of content as against what trends or what is displayed. The Service displays content algorithmically (engagement, recency, keyword matching, and the like). The appearance of any Source Content in the Service does not constitute endorsement, recommendation, or verification by the Company. Accordingly, Source Content may be inaccurate, misleading, defamatory, rights-infringing, offensive, unlawful, or otherwise inappropriate. You access Source Content at your own discretion and risk.

Source Content remains the property of its original creators and of the platforms on which it was originally published. These Terms do not transfer any rights in Source Content from the original creators to you, and you must not claim ownership of Source Content by reason of its appearance in the Service.

If you wish to interact with Source Content (comment, share, like, repost), you must do so on the original Source Platform, subject to that platform's terms. Use of Source Content for purposes beyond viewing within the Service is your responsibility and may require the consent of the original creator or the Source Platform.

6. Acceptable Use

You may use the Service for internal informational purposes, including monitoring trends relevant to your role, organisation, occupation, or interests. The Service may be used for both personal and work-related purposes (including commercial purposes), subject to the restrictions in these Terms.

You must not:

• Use the Service to harass, threaten, defame, stalk, surveil, or discriminate against any person, including the creators of Source Content;
• Scrape, copy, or extract Aggregated Content or Source Content from the Service by automated means (including bots, harvesters, headless browsers, or repeated screen capture), other than through features the Company has provided specifically for data export;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, ranking models, or sentiment-analysis models underlying the Service;
• Introduce into the Service any virus, worm, trojan, ransomware, or other malicious code, or attempt to circumvent any authentication mechanism, rate limit, or security measure;
• Impose excessive load, send high volumes of requests, send spam, or cause interference with the normal operation of the Service;
• Resell, republish, syndicate, or commercially exploit the Aggregated Content as a product or service offered to third parties, or repackage the Aggregated Content for presentation as your own product;
• Use the Service, or any content obtained through the Service, to train, fine-tune, or evaluate any machine-learning model, large language model, or other artificial intelligence system;
• Impersonate any person, misrepresent your affiliation with any person or entity, or create a User Account using false information;
• Use the Service to collect, target, or profile specifically named individuals (other than public figures in their public capacity) where doing so would violate the PDPA or the requirements of the Source Platform from which the content originates; or
• Remove, obscure, or alter any proprietary notices, logos, watermarks, or attributions displayed in the Service.

7. Intellectual Property

The Company and its licensors own all right, title, and interest in the Service, including:

• The Service's software, models, ranking and classification algorithms, and infrastructure;
• The arrangement and look-and-feel of the Service, dashboards, graphs, and visual displays;
• The Aggregated Content (curated trend feeds, rankings, category and sentiment labels, benchmarks, and similarly derived signals); and
• All related intellectual property rights.

The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and view the Aggregated Content through the Service, for your internal informational use.

The Company claims no ownership of Source Content. Rights in Source Content belong to the original creators and, to the extent applicable, to the Source Platforms. The Service displays Source Content under the technical and legal mechanisms applicable to publicly available content on the platforms.

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

8. Changes to the Service

The Company may add, modify, or remove features of the Service at any time at its discretion. The Source Platforms, ranking signals, machine-learning-generated labels, and the inventory of Source Content available through the Service may change without prior notice.

The Company may discontinue the Service in whole or in part. The Company will give reasonable prior notice of a discontinuation of the entire Service by email or in-service notification, save where immediate discontinuation is required by law, by order of a regulator or a court, or by the requirements of a Source Platform.

The Service is currently provided free of charge. The Company reserves the right to introduce paid features or paid service tiers, or to discontinue the free service, at any time, subject to the notice requirements in this clause.

9. Privacy and Personal Data

The Company processes users' personal data as Data Controller, for the purposes of authentication, creating and administering User Accounts, providing the Wisesight Trends service, maintaining system security, analysing and improving the Service, communicating about the Service, and complying with applicable law.

Users' personal data may include data received from Facebook Login, User Account data, usage data, device data, system log data, and any other data connected with access to the Service. Details of the data categories, purposes, lawful bases, data recipients, retention periods, data subject rights, and the Company's contact channels appear in the Wisesight Trends privacy notice.

The Service may display Source Content containing the personal data of third parties published publicly on Source Platforms. The Company processes such data for the purposes of compiling, analysing, ranking, and displaying trends from public data. The Company does not intend the Service to be used to harass, surveil, stalk, target, or profile any person in an unlawful manner.

The user agrees to use the Service, and the data obtained from the Service, in compliance with personal data protection law, other applicable law, and the requirements of the Source Platforms.

10. 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.

11. 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; or
• 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.

12. Limitations of Automated Analysis and Artificial Intelligence

The user acknowledges that rankings, categorisation, sentiment analysis, trend identification, labels, and any other outputs generated by automated systems, machine-learning models, or artificial intelligence may contain errors, inaccuracies, or omissions, or may not reflect the full context of the Source Content.

Such outputs are produced solely to help users understand trends in general terms, and should not be used as the sole source for decisions that may have legal, business, financial, reputational, personal-rights, or other significant effects. The user is responsible for verifying the accuracy, suitability, and context of the information before further use.

13. Reporting Inappropriate Content or Rights Infringement

If you consider that Source Content appearing in the Service is inaccurate, inappropriate, defamatory, infringing of intellectual property rights, in breach of personal data protections, or potentially unlawful, you may notify the Company through the contact channels the Company designates, specifying the details of the content concerned, the reasons for the request, and reasonable supporting evidence.

The Company will consider such notifications at its discretion and in accordance with its internal processes, and may remove, suspend, block, reduce the visibility of, or take other action in respect of such content as the Company sees fit. The Company's receipt or consideration of, or action upon, a notification does not constitute an admission that the content is unlawful or that the Company bears any liability in respect of it.

14. Termination of the Agreement

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

• You breach these Terms;
• Your use may create a risk to the security, availability, integrity, or reputation of the Service, the Company, other users, or third parties;
• The Company is required to act by law, by an order of a state authority or a court, or by the requirements of a Source Platform; or
• The Company discontinues the Service in whole or in part.

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.

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.

16. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its directors, executives, employees, agents, service providers, and licensors shall not be liable for indirect, special, punitive, or consequential damages, loss of profits, loss of revenue, loss of data, business interruption, or damages arising from reliance on any information, Aggregated Content, Source Content, rankings, labels, or outputs obtained from the Service, whether arising in contract, tort, negligence, or on any other basis.

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.

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 Service, 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 contact@wisesight.com or any support channel appearing on the platform. For contact relating to the exercise of personal data rights, please contact dpo@wisesight.com.