Effective Date: July 27, 2021

Thank you for using the Service (as defined below) provided by Canal. To be eligible to register for an Canal account and use the Service, you must review and accept the terms of this Terms of Service Agreement (this "Agreement" or these ***"Terms"***) by signing up for an Canal account through the mechanism provided. PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCEPTING THESE TERMS OR USING THE SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS WITH K10 IMPACT, PTE, LTD. ***("CANAL")***. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE "I ACCEPT" BUTTON AND YOU SHOULD NOT USE THE SERVICE.

In this Agreement, "you," "your" and "Customer" will refer to you. If you are registering for an Canal account or using the Service on behalf of an entity or other organisation, you are agreeing to these Terms for that entity or organisation and representing to Canal that you have the authority to bind that entity or organisation to these Terms (and, in which case, the terms "you", "your" and "Customer" will refer to that entity or organisation).


1. Certain Definitions

1.1 Terminology

The following terms, when used in this Agreement will have the following meanings:

"Confidential Information" means any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure. However, "Confidential Information" will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

"Customer Data" means the data, content and other material input, supplied or made available by you (including that of your end users) through the use of or access to the Service.

High Risk Activities” means activities where use or failure of the Services could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.

"Order Form" means an order form or other similar document (including any online form) specifying the Service to be provided hereunder and fees to be paid by Customer therefor. If there is a conflict between this Agreement and the Order Form, then the Order Form shall govern.