These LnData Terms of Service (this "Agreement") are entered into by LnData, Inc.,("LnData") and the entity executing this Agreement ("You"). This Agreement governs Your use of the standard LnData services (the "Service"). By clicking the "I accept" button, completing the registration process, or using the service, you acknowledge that you have reviewed and accept this agreement and are authorized to act on behalf of, and bind to this agreement, the owner of this account. In consideration of the foregoing, the parties agree as follows:
To register for the Service, You must complete the registration process by providing LnData with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify LnData immediately upon learning of any unauthorized use of Your Account or any other breach of security. LnData's (or its wholly-owned subsidiaries') support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
Subject to the terms and conditions of this Agreement, (a) LnData grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the LDTC solely as necessary for You to use the Service on Your Properties or Third Party's Properties; and (b) You may remotely access, view and download Your Reports stored at lndata.com. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend LnData and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against LnData or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by LnData or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. LnData will provide You with written notice of any claim, suit or action from which You must indemnify LnData. You will cooperate as fully as reasonably required in the defense of any claim. LnData reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by LnData to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) LnData may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.
To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, LnData makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and noninfringement.
To the extent permitted by applicable law, LnData will not be liable for your lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if LnData or its subsidiaries and affiliates have been advised of, knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy. LnData 's (and its wholly owned subsidiaries') total cumulative liability to you or any other party for any loss or damages resulting from claims, demands, or actions arising out of or relating to this agreement.
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of LnData (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by LnData and its licensors without restriction, including, LnData's (and its wholly owned subsidiaries') right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of LnData; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with LnData (or its wholly owned subsidiaries) other than in the name of LnData (or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service; or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, LnData will stop providing, and You will stop accessing the Service; and You will delete all copies of the LDTC from all Properties and certify thereto in writing to LnData within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full and (c) all of Your historical Report data will no longer be available to You.
LnData may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. LnData will post notice of modifications to these terms at http://www.lndata.com, the LnData Policies, or other policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use LnData. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of LnData, (ii) You accept updated terms online, or (iii) You continue to use the Service after LnData has posted updates to the Agreement or to any policy governing the Service.
LnData will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and LnData concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of Republic of China without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and R.O.C. law, rules, and regulations, R.O.C. law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Taipei, Republic of China. The R.O.C. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by R.O.C. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to LnData must be sent to: No.3, Ln. 75, Sec. 1, Heping E. Rd., Da’an Dist., Taipei City 10643, Taiwan, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without LnData‘s prior written consent, and any such attempt is void. The relationship between LnData and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Since the EU's General Data Protection Regulation (GDPR) has replaced the 1995 EU Data Protection Guidelines and become the mainstream of international data protection norms, LnData has formulated our data processing principles with reference to its regulations. GDPR has two advantages: GDPR strengthens individual users' rights to their own personal data, and at the same time helps to harmonize data protection regulations in various European countries, ensuring that the same regulations apply no matter where the data is processed . LnData has always been committed to making LnData services comply with international regulations, which is worthy of your trust.
As a data company, we use data with a high degree of rigor, so our data processing terms clearly state our commitment to customer privacy; in addition, we also incorporate comprehensive privacy and Security protection mechanisms, and by providing these protection mechanisms, as much as possible to help customers comply with GDPR regulations at all times. Over the years, we have continued to listen to the suggestions of customers and regulatory authorities, and gradually complete the terms and conditions. In the future, we will continue to update them in response to international privacy and information security trends.
For details, please refer to LnData Data Policy
Last updated 01/2022