Terms and Conditions

This website at edentechnologies.ai (“the Website”) is operated by Eden Technologies Co., Ltd. (“the Company”, “we”, “us” or “our”), a limited company incorporated under the laws of the Kingdom of Thailand, tax identification number 0845567002524, registered office at 35/4 Moo 1, Taling Ngam, Koh Samui, Suratthani 84140, Thailand, telephone +66(0)81-089-0333.

Legal notices to the Company should be sent to legal@edentechnologies.ai and, where a notice is required to be in writing, also to the registered office.

By accessing or using the Website you agree to be bound by these Terms and Conditions (“the Terms”). If you do not agree to the Terms, you must not use the Website.

You represent that you have the legal capacity to enter into a binding agreement. If you are a minor who has not attained majority under the Civil and Commercial Code, you may use the Website only with the consent of the holder of parental responsibility.

If you use the Website on behalf of a juristic person or another individual, you represent that you have authority to bind that person to the Terms, and “you” includes that person.

The Website exists to describe the Company’s services and to provide a means of contacting the Company. All content is provided for general information only.

Nothing on the Website constitutes an offer capable of acceptance, an invitation to treat giving rise to obligations, a quotation, a price list, or any commitment to supply any service on any terms. Descriptions of services, methods, capabilities, timescales and outcomes are indicative, may be illustrative, and may change without notice.

Any figure, metric, case description or outcome shown on the Website is indicative and does not constitute a warranty, guarantee or representation that any similar result will be achieved for you.

Submitting the enquiry form, or otherwise contacting the Company, is a request to be contacted. It does not constitute an order, a booking, a reservation of capacity, or the acceptance of any offer, and it does not oblige the Company to provide anything.

No contract comes into existence between you and the Company unless and until the scope of work, the fees, the timetable and the applicable terms are agreed in writing and signed or otherwise validly executed by both parties. The Company may decline any enquiry, in whole or in part, for any reason and without giving reasons.

Any indication of scope, effort, duration or price communicated before a contract is executed is a non-binding estimate given for discussion purposes and is expressly not an offer.

Content on the Website is not professional, technical, engineering, legal, accounting, tax, regulatory or financial advice, and must not be relied upon as such. It does not take account of your particular circumstances.

You must obtain advice appropriate to your own circumstances, whether by engaging the Company under a written contract or by consulting a suitably qualified adviser, before acting or refraining from acting on anything on the Website. To the fullest extent permitted by law, the Company accepts no responsibility for any action taken or not taken in reliance on the Website.

All intellectual property in the Website and its contents, including its text, layout, design, graphics, photographs, video, audio, source code, compilation, look and feel, and including the “Eden Technologies” name, logo, wordmark and brand assets, is owned by the Company or licensed to it, and is protected by the Copyright Act B.E. 2537, the Trademark Act B.E. 2534 and other applicable law and international conventions.

Nothing in the Terms transfers any intellectual property right to you. All rights not expressly granted are reserved.

If you believe that content on the Website infringes your intellectual property, please notify legal@edentechnologies.ai with sufficient particulars to identify the content and the right relied upon, and the Company will investigate.

The Company grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access the Website and to view its content for your own information, and to print or download individual extracts for your own reference or in order to bring them to the attention of a colleague, provided that you do not remove or obscure any notice of ownership.

Any other use requires the Company’s prior written permission. In particular you may not reproduce, republish, redistribute, sell, licence, adapt, translate, frame, mirror, or create derivative works from any part of the Website.

You must not:

• use the Website or the enquiry form for any unlawful purpose, or in a manner which infringes the rights of any person;
• submit content which is false, misleading, defamatory, obscene, threatening, harassing, or which incites unlawful conduct;
• submit unsolicited commercial or promotional communications, chain messages, or bulk enquiries;
• submit the Personal Data of any third party without that person’s knowledge and, where required, consent, or impersonate any person or misrepresent your affiliation with any person;
• upload or transmit any virus, worm, logic bomb, or other malicious code, or any content designed to interrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment;
• attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer or database connected to it, or attempt to defeat, circumvent, probe or test any security or authentication measure;
• attempt to defeat, script around, or automate the submission of the anti-automation verification on the enquiry form; or
• conduct any denial-of-service or distributed denial-of-service attack, or otherwise interfere with the availability of the Website for others.

Certain of the acts described above constitute criminal offences under the Computer Crime Act B.E. 2550 as amended by the Computer Crime Act (No. 2) B.E. 2560, and may also give rise to civil liability. The Company will report conduct that appears to constitute an offence to the competent authorities and will cooperate with them, including by disclosing traffic data retained under section 26 of that Act.

You must not scrape, crawl, spider, harvest or otherwise extract content from the Website by automated means, except that a search engine may index the Website in accordance with the directives published in its robots file.

You must not access the Website at a rate or volume which imposes an unreasonable load on it or degrades its availability for others.

The Company expressly reserves all rights in respect of text and data mining and the training, fine-tuning, grounding, retrieval augmentation or evaluation of machine learning models. No content on the Website may be used for any of those purposes without the Company’s prior written permission. This reservation is made expressly for the purposes of any legal provision under which such rights may be reserved by notice.

You are responsible for the content you submit through the enquiry form or otherwise, and you warrant that you are entitled to submit it and that it does not infringe the rights of any person.

The Company does not treat an unsolicited enquiry as confidential unless a written confidentiality or non-disclosure agreement is in place. Do not submit trade secrets, confidential information, unpublished intellectual property, or Sensitive Personal Data through the enquiry form. If you need to disclose confidential information in order to describe your requirement, contact the Company first so that appropriate confidentiality arrangements can be put in place.

The Company does not accept unsolicited ideas, proposals or materials for products or services. Where such material is nevertheless submitted, you agree that it is submitted on a non-confidential basis and that the Company is free to use, without restriction and without obligation of any kind, any general knowledge, skill, technique or concept contained in it, save that the Company will not use your Personal Data other than as described in the Privacy Policy and will not assert ownership of any pre-existing intellectual property of yours.

The Website relies on services operated by third parties, including Google reCAPTCHA on the enquiry form and Google Analytics for measurement. Your use of the Website involves those services, which operate under their own terms and privacy policies.

Where the Website links to a third-party website or resource, it does so for information only. The Company does not control, endorse, or accept responsibility for the content, availability, security or data handling of any third-party site, and you access it at your own risk.

The Website is provided free of charge. The Company does not warrant that it will be available uninterrupted, timely, secure, or free from error or from any harmful component, and does not warrant that any defect will be corrected.

The Company may at any time and without notice or liability: modify, add to, or remove any part of the Website or its content; suspend or discontinue the Website in whole or in part; or change these Terms in accordance with clause 21.

The Company may restrict or terminate your access to the Website at its discretion, including where it reasonably believes that you have breached the Terms.

To the fullest extent permitted by applicable law, the Website and its content are provided on an “as is” and “as available” basis, and the Company disclaims all warranties, conditions, representations and terms of any kind, whether express, implied or statutory, including as to accuracy, completeness, currency, reliability, fitness for a particular purpose, non-infringement, and freedom from error or interruption.

The Company does not warrant that the content of the Website is accurate or complete at any given time. Content may become out of date, and the Company is under no obligation to update it.

13.1 Excluded losses.

To the fullest extent permitted by applicable law, the Company shall not be liable, whether in contract, in tort, under statute or otherwise, for any loss of profit, loss of revenue, loss of anticipated savings, loss of business or business opportunity, loss of goodwill or reputation, loss or corruption of data, or for any indirect, special, incidental, punitive or consequential loss, arising out of or in connection with your use of or inability to use the Website, or with any content on it, however caused.

13.2 Cap on liability.

To the fullest extent permitted by applicable law, the aggregate liability of the Company arising out of or in connection with the Website and these Terms, taken together in respect of all claims, shall not exceed THB 5,000.00 (five thousand Baht).

That limitation is proportionate to the basis on which the Website is supplied, and is put forward as fair and reasonable in the circumstances for the following reasons. The Website is made available free of charge: no fee is charged, none is payable, and the Company receives no consideration from you in respect of it. The Website carries information only; it holds no account, processes no payment, and performs no function on which you could reasonably place operational reliance. The Company’s responsibilities in respect of work it is engaged to perform are governed exclusively by the written contract for that work and are not limited by this clause.

13.3 What is NOT excluded, and why this clause is drafted this way.

Nothing in these Terms excludes or limits, and nothing in them shall be construed as excluding or limiting, the liability of the Company for:

• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation;
• its own wilful default or gross negligence, an advance exemption from which is void under section 373 of the Civil and Commercial Code;
• any liability to compensate a data subject arising under the Personal Data Protection Act B.E. 2562 (2019), including compensation under section 77 and punitive damages under section 78 of that Act, which are statutory rights and cannot be limited or excluded by agreement; or
• any other liability which cannot lawfully be excluded or limited.

Where you deal with the Company as a consumer, nothing in these Terms affects your rights under the Consumer Protection Act B.E. 2522 or any other consumer protection law which cannot be varied by agreement. The exclusions and limitations in this clause apply only to the extent that they are fair and reasonable in the circumstances, as required by the Unfair Contract Terms Act B.E. 2540, and are to be read as reduced to the extent necessary to be enforceable rather than as void in their entirety.

For the avoidance of doubt, the cap in clause 13.2 applies only to claims arising from use of this Website. It does not apply to, and is not an attempt to limit, any statutory liability under the Personal Data Protection Act B.E. 2562 (2019), any administrative fine imposed by the Personal Data Protection Committee, or any criminal penalty. None of those may be capped by agreement, and this clause is not to be read as purporting to do so.

13.4 Severable limitations.

Each exclusion and limitation in this clause operates separately. If any is held to be unenforceable or inapplicable, the remainder continue to apply, and the unenforceable provision applies to the maximum extent permitted by law.

You shall indemnify the Company against all liabilities, losses, damages, costs and expenses (including reasonable legal fees) reasonably incurred by the Company and arising out of or in connection with: your breach of these Terms; any content you submit through the Website; or your infringement of the rights of any third party through your use of the Website.

This indemnity does not apply to the extent that the liability arises from the Company’s own wilful default, gross negligence, or breach of these Terms.

The Company shall not be liable for any failure or delay in performance arising from any cause beyond its reasonable control, including act of God, flood, storm, fire, epidemic or pandemic, war, civil unrest, act of terrorism, act or omission of government or regulator, failure of a public telecommunications or electrical network, failure of a third-party hosting or cloud provider, or industrial action.

The Company’s processing of Personal Data in connection with the Website is described in the Privacy Policy, and its use of cookies and similar technologies is described in the Cookies Policy. Both documents are incorporated into these Terms by reference and form part of them.

In the event of a conflict between these Terms and the Privacy Policy in relation to the processing of Personal Data, the Privacy Policy prevails.

You agree that the Company may communicate with you electronically, and that electronic communications, records and data messages satisfy any legal requirement that a communication be in writing, in accordance with the Electronic Transactions Act B.E. 2544.

The Company’s records of an electronic communication, including its records of a form submission and the time of it, shall be admissible and, absent manifest error, shall be evidence of that communication and its contents.

18.1 Severability.

If any provision of the Terms is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions continue in full force.

18.2 No waiver.

No failure or delay by the Company in exercising any right constitutes a waiver of it, and no single or partial exercise precludes any further exercise.

18.3 Assignment.

You may not assign or transfer your rights or obligations under the Terms. The Company may assign or transfer its rights and obligations, including on a sale or reorganisation of its business.

18.4 No partnership or agency.

Nothing in the Terms creates a partnership, joint venture, agency, employment or franchise relationship between you and the Company.

18.5 Third parties.

The Terms do not confer any right on any person who is not a party to them.

18.6 Entire agreement.

The Terms, together with the Privacy Policy and the Cookies Policy, constitute the entire agreement between you and the Company in relation to the Website, and supersede all prior understandings in relation to it. Nothing in this clause limits liability for fraudulent misrepresentation.

The Terms, and any dispute or claim arising out of or in connection with them, their subject matter or their formation, whether contractual or non-contractual, are governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to conflict-of-laws principles.

The courts of the Kingdom of Thailand shall have exclusive jurisdiction to settle any such dispute or claim. Where you deal with the Company as a consumer resident outside Thailand, nothing in this clause deprives you of any right you have to bring proceedings in, or to the protection of the mandatory law of, your country of residence.

Before commencing proceedings, the parties shall use reasonable endeavours to resolve the dispute in good faith by discussion, and shall allow not less than thirty (30) days from written notice of the dispute for that purpose. This clause does not prevent either party from seeking urgent injunctive or interim relief at any time.

The Company may amend the Terms at any time. The version number and effective date appear at the end of this document, and the version in force is the version published on the Website at the time of your use.

Where an amendment is material, the Company will take reasonable steps to bring it to the attention of users, and your continued use of the Website after the effective date constitutes acceptance of the amended Terms. If you do not accept an amendment, you must stop using the Website.

The Terms are issued in Thai and in English. In the event of any discrepancy or inconsistency between the two versions, the Thai version shall prevail.

Legal notices and questions concerning the Terms: legal@edentechnologies.ai, or in writing to Eden Technologies Co., Ltd., 35/4 Moo 1, Taling Ngam, Koh Samui, Suratthani 84140, Thailand.

Data protection matters: privacy@edentechnologies.ai. General enquiries: hello@edentechnologies.ai.