Terms of Use, Software Licence & Privacy Policy

1. ACCOUNTS AND ACCESS

You must provide accurate information when creating an account and are responsible for maintaining the security and confidentiality of your account and credentials.

You are responsible for activity occurring through your account.

Accounts, licences and seats may not be shared beyond the number of users, devices, seats, organisations or other entitlements included in your applicable plan, quotation or order.

You must promptly notify The Analog if you reasonably believe that an account, licence or credential has been compromised or used without authorization.

The Analog may suspend credentials where we reasonably believe they have been compromised, fraudulently obtained, improperly shared or otherwise misused.

2. SOFTWARE LICENCE

Where a Service includes downloadable, locally installed or otherwise licensed software, including plug-ins or applications, The Analog grants you, subject to payment of applicable fees and compliance with these Terms, a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use that software for your authorized personal, internal business or professional purposes during the applicable licence or subscription period.

Your licence is limited to the users, devices, seats, organisations, subscription periods and usage rights included in your applicable plan or order.

The Analog software is licensed, not sold.

Except for the limited licence expressly granted under these Terms, no ownership or Intellectual Property Rights are transferred to you.

3. THE ANALOG’S INTELLECTUAL PROPERTY

The Analog and/or its licensors retain all right, title and interest in and to the Services and all associated Intellectual Property Rights.

This includes, without limitation:

• software and source code;
• object code;
• product and system architecture;
• algorithms;
• artificial intelligence systems and models;
• agents and agentic workflows;
• AI workflows and orchestration;
• prompts and system instructions;
• schemas;
• APIs and integrations;
• interfaces;
• databases and data structures;
• documentation;
• graphics and product assets;
• trademarks and product names;
• technical know-how;
• licence mechanisms;
• security mechanisms;
• updates;
• modifications; and
• improvements.

All rights not expressly granted under these Terms are reserved by The Analog.

You must not, and must not knowingly permit another person to:

(a) reverse engineer, decompile, disassemble or decode any Service;

(b) attempt to discover, reconstruct or extract source code, non-public prompts, algorithms, model logic, architecture, agents, schemas or non-public interfaces;

(c) bypass licence, authentication, subscription, usage, credit, access or security controls;

(d) copy, modify, reproduce or distribute a Service except as expressly permitted;

(e) create unauthorized derivative works from a Service;

(f) remove or alter copyright, trademark or proprietary notices;

(g) scrape or systematically extract non-public information, data or functionality from the Services;

(h) use The Analog’s non-public technology, documentation, workflows or Confidential Information to develop, replicate, train, fine-tune or improve a competing software or artificial intelligence system; or

(i) assist another person in carrying out any of the above.

4. CUSTOMER CONTENT

You retain ownership of models, drawings, images, videos, documents, presentations, schedules, prompts, annotations, project information and other materials that you upload, submit or provide to the Services (“Customer Content”).

The Analog does not acquire ownership of your Customer Content merely because you use our Services.

You grant The Analog a worldwide, non-exclusive right to host, transmit, reproduce, process, analyse, transform and otherwise use Customer Content as reasonably necessary to:

(a) provide functions requested by you;

(b) generate requested Outputs;

(c) provide storage, synchronization and collaboration;

(d) operate and maintain the Services;

(e) provide technical support;

(f) maintain security and prevent fraud or abuse;

(g) comply with applicable law;

(h) understand and improve the performance, quality and functionality of the Services; and

(i) develop, evaluate and improve The Analog’s technologies, automated systems and artificial intelligence capabilities, subject to applicable data-protection and privacy laws.

You represent that you have the rights and permissions necessary to submit and process Customer Content through the Services and to grant the rights described above.

You remain responsible for Customer Content and for ensuring that its submission and use does not violate applicable law or third-party rights.

5. ARTIFICIAL INTELLIGENCE AND AUTOMATED SERVICES

Certain Services may use artificial intelligence, generative AI, computer vision, machine learning, automated workflows, agents or external technology and infrastructure providers.

Customer Content, prompts, instructions and other relevant information may be processed using infrastructure or service providers selected by The Analog where necessary to provide, operate, develop or improve the Services.

The Analog may change the technologies, models, infrastructure and service providers used to deliver the Services from time to time.

AI-generated or automated images, text, models, geometry, schedules, analyses, recommendations, documents, presentations, videos or other results are referred to as “Outputs.”

Outputs may contain errors, omissions, hallucinations, inaccuracies, inconsistencies, unintended changes or results that are unsuitable for a particular purpose.

You are responsible for reviewing and verifying Outputs before relying upon or using them.

6. PROFESSIONAL RESPONSIBILITY

The Analog Services are productivity, design, analysis, automation and creative tools.

They do not replace qualified professional judgment.

Where applicable, you remain responsible for independently verifying matters including:

• dimensions and geometry;
• specifications;
• materials and finishes;
• quantities;
• costs;
• schedules;
• procurement information;
• construction information;
• constructability;
• engineering;
• building codes;
• accessibility;
• fire and life safety;
• structural requirements;
• environmental and sustainability claims;
• contractual requirements;
• statutory requirements; and
• regulatory compliance.

The Analog does not certify or approve professional work produced using the Services.

Final responsibility for professional decisions, documentation and deliverables remains with the applicable user and qualified professionals.

7. OUTPUT RIGHTS

As between you and The Analog, and to the extent permitted by applicable law and subject to third-party rights, The Analog does not claim ownership of Outputs specifically generated for you from your Customer Content.

Because artificial intelligence systems may generate similar results for different users, Outputs may not be unique.

The Analog does not warrant that an Output is capable of copyright protection, is unique, or does not resemble third-party content.

You are responsible for determining whether an Output is appropriate for your intended use and whether any third-party rights may apply.

8. ACCEPTABLE USE

You must not use the Services to:

(a) violate applicable law or third-party rights;

(b) upload, submit or process content you do not have the right to use;

(c) distribute malware or malicious code;

(d) gain unauthorized access to systems, accounts or information;

(e) interfere with, disrupt or materially overload the Services or infrastructure;

(f) bypass security, licence, subscription, credit or usage controls;

(g) conduct unauthorized scraping or systematic extraction;

(h) impersonate another person or organisation;

(i) misrepresent your authorization or identity;

(j) engage in fraudulent or unlawful activity;

(k) misuse The Analog’s Intellectual Property Rights;

(l) use The Analog’s non-public technology to develop or train a competing product or service; or

(m) undertake activities prohibited by applicable sanctions or export-control laws.

The Analog may restrict or suspend access where reasonably necessary to prevent abuse, unlawful activity, security threats or material harm to The Analog, the Services, users or third parties.

9. SUBSCRIPTIONS AND LICENCES

Paid Services are provided according to the applicable plan, quotation, order, invoice or checkout terms.

Prices, licence quantities, subscription periods, usage allowances and other commercial conditions applicable to your purchase will be displayed or otherwise communicated when you purchase the relevant Service.

Where automatic renewal applies, it will be disclosed in connection with the applicable subscription.

Unless otherwise agreed or required by applicable law, cancellation prevents future renewal but does not generate a refund for a subscription period that has already commenced.

Where Services are purchased through an authorized distributor or reseller, additional commercial arrangements between you and that distributor or reseller may apply. Your use of The Analog Services remains subject to these Terms.

10. PAYMENTS AND TAXES

Fees are payable in the currency displayed at checkout, invoice, quotation or applicable order.

Applicable GST, VAT, sales tax or other taxes may be added where required by law.

For direct online purchases, payment processing may be provided by Stripe. Payment information processed by Stripe may also be subject to Stripe’s applicable terms and privacy practices.

Where you purchase directly from The Analog, failure to pay amounts when due may result in suspension or termination of paid access.

Where a Service is purchased through an authorized distributor or reseller, payment to that distributor or reseller is governed by your commercial arrangement with them.

11. CREDITS AND USAGE-BASED SERVICES

Certain Services may use credits, usage allowances or consumption-based charges.

The number of credits or amount of usage required may vary according to:

• the applicable Service;
• AI or computational model;
• operation requested;
• processing requirements;
• resolution;
• storage;
• computing resources; or
• other technical factors.

Where reasonably practicable, applicable usage or credit consumption will be displayed or made available through the relevant Service.

Unless otherwise stated:

(a) credits have no cash value;

(b) credits are not redeemable for cash;

(c) credits cannot be transferred between unrelated accounts;

(d) included or promotional credits may expire;

(e) purchased credits may be subject to stated validity periods; and

(f) credits consumed for successfully processed AI or computational operations are not refundable merely because you do not prefer the resulting Output.

Where processing fails because of a verified The Analog system error before meaningful processing has been completed, The Analog may restore the affected credits or usage entitlement.

12. STORAGE, LOCAL FILES AND BACKUPS

Some Services may operate primarily on files stored locally on your device. Other Services may store or process information using cloud infrastructure.

The Analog currently uses cloud infrastructure that may include Google Cloud and Amazon Web Services (AWS).

Customer Content and related information may be processed or stored in Singapore and the United States, depending on the applicable Service and infrastructure.

You are responsible for maintaining appropriate independent backups of critical project files, documents and other Customer Content.

The Analog uses reasonable measures to operate and maintain its Services but does not guarantee that locally or remotely stored information will never be lost, corrupted, deleted or temporarily unavailable.

The Analog may apply reasonable storage, file-size or usage limits according to the applicable Service or subscription plan.

13. ORGANISATIONS AND COLLABORATION

Certain Services may allow organisations, teams, projects, boards or collaborative workspaces.

Users invited to a shared environment may access Customer Content according to the permissions assigned to them.

Organisation administrators may manage users, membership, permissions, licences, projects, workspaces and information associated with their organisation.

Customers and organisation administrators are responsible for configuring permissions appropriately.

14. THIRD-PARTY SERVICES

The Services may integrate with or depend upon third-party artificial intelligence technologies, software applications, APIs, cloud infrastructure, storage providers, authentication systems, payment processors and other technologies.

The Analog may select and change service providers as reasonably necessary to operate and develop the Services.

Certain third-party services may be governed by their own terms and policies.

The Analog is not responsible for interruptions, modifications or discontinuation caused solely by third-party services outside our reasonable control.

15. PRODUCT CHANGES, UPDATES AND BETA FEATURES

The Analog may update, modify, improve, replace or discontinue Services or features as our products and technology evolve.

Updates may be required for continued compatibility, security or access.

Features identified as beta, preview, experimental or similar may be incomplete, contain errors, change materially or be discontinued.

Such features should not be relied upon for critical production workflows without appropriate independent verification.

Where a material paid Service is permanently discontinued, The Analog will use reasonable efforts to provide appropriate notice.

16. PRIVACY AND PERSONAL DATA

This Section 16 and Sections 17–23 constitute The Analog’s Privacy Policy.

Depending on your use of the Services, The Analog may collect and process:

Account Information

Name, email address, organisation, role, account identifiers and authentication information.

Subscription and Transaction Information

Plans, licences, transaction identifiers, billing status, usage entitlements and payment-related information.

Full payment-card details may be processed directly by Stripe rather than stored by The Analog.

Technical Information

IP address, device type, operating system, browser information, application version, logs, crash information, security information and licence activity.

Usage Information

Services and features used, generation requests, credit or resource consumption, timestamps, collaboration activity and performance information.

Customer Content

Where required to provide, operate, develop or improve the Services, we may process Customer Content submitted to the Services.

Communications

Information provided when you contact support, report an issue or otherwise communicate with us.

17. HOW WE USE PERSONAL DATA

We may use personal data to:

(a) create and administer accounts;

(b) provide and operate the Services;

(c) process subscriptions, licences and usage entitlements;

(d) perform AI, generation, automation and other functions requested by users;

(e) enable storage, synchronization and collaboration;

(f) process transactions;

(g) provide customer and technical support;

(h) maintain security and prevent fraud or abuse;

(i) diagnose errors and improve reliability and performance;

(j) understand usage of the Services;

(k) develop and improve The Analog’s products, technologies and AI capabilities;

(l) communicate service, account and security information;

(m) comply with legal and regulatory obligations; and

(n) protect the rights, property and security of The Analog, our users and third parties.

Where required by applicable law, we will obtain consent or rely upon another lawful basis for processing.

18. CUSTOMER CONTENT, AI AND PRODUCT IMPROVEMENT

The Analog may process Customer Content, prompts, instructions, Outputs and related usage information for purposes including:

(a) providing requested functionality;

(b) operating and maintaining the Services;

(c) evaluating Service quality and performance;

(d) detecting errors, abuse and security issues;

(e) developing and improving The Analog’s products and technology; and

(f) developing, evaluating and improving The Analog’s artificial intelligence, machine-learning and automated systems.

Such processing will be conducted subject to applicable data-protection and privacy laws.

The Analog may use external infrastructure, models or service providers to support these activities. We do not publicly identify every underlying technology or provider and may change providers as the Services evolve.

Where service providers process personal data on our behalf, The Analog will take appropriate steps to require applicable privacy and security protections.

19. HOW WE SHARE INFORMATION

We may share information with service providers reasonably necessary to operate, provide, secure and develop the Services, including providers of:

• cloud hosting;
• databases and storage;
• authentication;
• communications;
• customer support;
• artificial intelligence and computational processing;
• payment processing; and
• technical infrastructure.

We may also disclose information:

(a) to other users according to collaboration permissions established by you;

(b) to authorized administrators of your organisation;

(c) where required by law, court order or regulatory authority;

(d) where reasonably necessary to protect The Analog, users or third parties from fraud, security threats or unlawful conduct; or

(e) in connection with a merger, acquisition, financing, restructuring or sale of all or part of The Analog’s business, subject to appropriate confidentiality and data-protection requirements.

The Analog does not sell personal data as a standalone business activity.

20. INTERNATIONAL DATA TRANSFERS

The Analog is based in Singapore.

The Services may use cloud infrastructure located in Singapore and the United States, including infrastructure provided by Google Cloud and Amazon Web Services (AWS).

Accordingly, Customer Content and personal data may be transferred to, processed in or stored in Singapore, the United States or other locations where reasonably necessary to provide the Services.

Where personal data is transferred outside Singapore, The Analog will take appropriate measures required under applicable data-protection law concerning the protection of transferred personal data.

Where mandatory privacy laws of another jurisdiction apply, The Analog will take appropriate steps concerning overseas processing or recipients as required by those laws.

21. ACCOUNT DELETION AND DATA RETENTION

When you delete your account, Customer Content associated with that account will be deleted from The Analog’s active Services and will no longer be available through your account.

The Analog does not maintain Customer Content for continued product use after account deletion.

Certain limited information may nevertheless be retained where reasonably necessary or legally required, including transaction, accounting, tax, fraud-prevention, security, dispute or regulatory records.

Where information is retained for such purposes, it will be retained only for as long as reasonably necessary for the applicable purpose or legal requirement.

Deletion from third-party infrastructure, temporary technical systems or backup systems may not always occur instantaneously, but deleted Customer Content will not be intentionally restored to active use except where technically or legally necessary.

22. SECURITY AND YOUR PRIVACY RIGHTS

22.1 Security

We implement reasonable administrative, organisational and technical safeguards designed to protect personal data against unauthorized access, collection, use, disclosure, alteration or loss.

No electronic or internet-based system can guarantee absolute security.

You remain responsible for protecting your account credentials and devices.

22.2 Your Rights

Depending on applicable law, you may have rights to:

(a) request access to personal data held about you;

(b) request correction of inaccurate personal data;

(c) withdraw certain consent;

(d) request deletion where applicable;

(e) object to or restrict certain processing where applicable;

(f) obtain information regarding certain uses or disclosures of personal data; or

(g) make a complaint to an applicable privacy regulator.

Requests may be submitted to our Data Protection Officer at [email protected].

Withdrawal of consent may affect our ability to provide Services that require the relevant information.

23. COOKIES

The Analog’s websites and cloud Services may use cookies, local storage and similar technologies necessary for:

• authentication;
• security;
• session management;
• user preferences; and
• operation of the Services.

The Analog may also use other cookies where required for particular website or Service functionality.

Where applicable law requires consent for non-essential cookies or similar technologies, appropriate consent will be requested.

The Analog does not currently use third-party analytics services for general website analytics.

24. MARKETING COMMUNICATIONS

Where permitted by applicable law, The Analog may send information concerning Products, events, updates or related services.

You may unsubscribe from marketing communications using the unsubscribe mechanism provided or by contacting us.

Service, transaction, licence, account and security communications are not marketing communications and may continue while you maintain an account or use a Service.

25. MINIMUM AGE

Users must satisfy the minimum age required by applicable law to independently create an account, accept these Terms or use the Services.

Where applicable law requires authorization from a parent, guardian or other responsible person, such authorization must be obtained before using the Services.

26. SUSPENSION AND TERMINATION

You may stop using the Services at any time.

The Analog may suspend or terminate access where:

(a) applicable fees are overdue;

(b) these Terms are materially breached;

(c) Intellectual Property Rights or licence controls are abused;

(d) use creates material security, legal or operational risk;

(e) fraudulent or unlawful activity is reasonably suspected; or

(f) suspension is reasonably necessary to protect The Analog, the Services, users or third parties.

Where reasonably practicable, The Analog will provide notice and an opportunity to remedy a non-urgent breach.

Upon termination, applicable software licences and rights to access the affected Services terminate.

Sections relating to Intellectual Property Rights, Customer obligations, accrued payments, disclaimers, liability and dispute resolution survive termination where appropriate.

27. WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available.”

The Analog does not guarantee that:

(a) the Services will operate without interruption;

(b) the Services will be error-free;

(c) information or Outputs will always be accurate or complete;

(d) AI systems will produce a particular result;

(e) the Services will meet every professional or project requirement; or

(f) Customer Content will never be lost or corrupted.

You remain responsible for determining whether the Services and Outputs are appropriate for your intended purpose.

Nothing in these Terms excludes, restricts or modifies any statutory right, guarantee, obligation or liability that cannot lawfully be excluded, restricted or modified under applicable law.

28. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, The Analog shall not be liable for indirect, incidental, special, punitive or consequential loss, including loss of:

• profit;
• revenue;
• goodwill;
• anticipated savings;
• business opportunity; or
• business interruption.

To the maximum extent permitted by applicable law, The Analog’s aggregate liability arising out of or relating to the relevant Service shall not exceed the amount paid by the applicable Customer for that Service during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under applicable law.

29. BUSINESS USER INDEMNITY

Where you use the Services primarily for business or professional purposes, you shall indemnify The Analog against third-party claims, losses and reasonable costs arising directly from:

(a) Customer Content that infringes third-party rights;

(b) your unlawful use of the Services; or

(c) your material breach of these Terms,

except to the extent caused by The Analog.

30. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by and construed in accordance with the laws of Singapore, subject to mandatory rights applicable under the laws of your jurisdiction.

The Parties shall first attempt in good faith to resolve any dispute through discussions.

For users acting primarily for business or professional purposes, any unresolved dispute, controversy or claim arising out of or relating to these Terms or the Services, including any question concerning their existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Rules in force when arbitration commences.

The seat of arbitration shall be Singapore.

The tribunal shall consist of one (1) arbitrator.

The language of arbitration shall be English.

The arbitral award shall be final and binding.

Nothing prevents either Party from seeking urgent interim, conservatory or injunctive relief from a court of competent jurisdiction or an emergency arbitrator.

Where mandatory consumer law provides you with rights to a particular court, tribunal or dispute-resolution procedure, these Terms do not remove those rights.

31. CHANGES TO THESE TERMS

The Analog may update these Terms to reflect changes to:

• our Services;
• technology;
• AI or service providers;
• security requirements;
• business operations; or
• applicable law.

The current version, effective date and last-updated date will be published on The Analog’s official website.

Where a change is material, we will provide reasonable notice through the applicable Service, website, account, email or another appropriate method where required.

Where required, we may request that you affirmatively accept materially revised Terms before continuing to use the Services.

32. GENERAL

These Terms, together with any applicable quotation, order, enterprise agreement or expressly incorporated Product-Specific Terms, govern your use of the Services.

If a separately signed written agreement between you and The Analog expressly conflicts with these Terms, the signed agreement prevails to the extent of that conflict.

If Product-Specific Terms expressly conflict with these Terms regarding a particular Service, the Product-Specific Terms prevail to the extent of that conflict.

If any provision is found invalid or unenforceable, it shall be modified only to the minimum extent necessary and the remaining provisions remain effective.

Failure to enforce a provision does not constitute waiver.

These Terms may be accepted electronically.

33. CONTACT AND DATA PROTECTION OFFICER

THE ANALOG CC PTE. LTD.
UEN: 202619868R
Website: theanalog.cc

General / Support:
[email protected]

Data Protection Officer

Privacy / Data Protection:
[email protected]

Questions concerning these Terms, personal data, access or correction requests, withdrawal of consent or privacy complaints may be directed to the contact information above.