Terms of Use for the Lincore AI Solution
Effective Date: 23 September 2024
These Terms of Use (the "Terms" or "Agreement"), along with any other terms and policies referenced herein, constitute a legal contract governing the use of the Lincore AI Solution owned by Lincore AI Inc., a Delaware corporation (also referred to as the "Lincore"), with a commercial address at 1111B S Governors Ave STE 23346, Dover, DE 19904, United States. The Customer accepts and agrees to the terms of this Agreement by (i) clicking a box indicating acceptance, (ii) executing a Purchase Order referencing these Terms, or (iii) using the Lincore AI Solution, even on a free or trial basis.
BY ACCEPTING THESE TERMS, THE CUSTOMER REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND THE LEGAL ENTITY THEY REPRESENT TO THIS AGREEMENT. IF YOU DO NOT AGREE OR DO NOT HAVE AUTHORITY, DO NOT ACCEPT THESE TERMS OR USE THE LINCORE AI SOLUTION.
1. Lincore AI Solution
1.1. Overview: The Lincore AI platform ("Lincore AI Solution") is a cloud-based tool that allows the registered organization ("Customer") to automate and manage business processes through task and workflow management. These Terms govern the Customer's and its authorized Users' access and use of the Lincore AI Solution.
1.2. License Grant: Subject to the Customer’s compliance with these Terms and payment of applicable fees, Lincore grants the Customer a non-exclusive, non-transferable license to use the Lincore AI Solution. Any updates, enhancements, or upgrades provided during the Agreement Term will also be governed by these Terms.
1.3. Plans and Features: Lincore offers different subscription plans, each with specific functionalities and usage limits. Detailed descriptions of the available plans can be found on the Lincore pricing page at www.lincore.ai/pricing. Lincore reserves the right to modify, add, or remove features as described in each plan at its discretion.
1.4. Usage Limits: Each plan may include usage limits on the number of users, automation tasks, storage, API calls, and other resources. If the Customer exceeds the limits specified for their plan, additional charges may apply, or the Customer may be required to upgrade to a higher plan.
1.5. Trial and Free Plans: Customers using a free or trial version of the Lincore AI Solution are also subject to these Terms. Lincore reserves the right to limit features or terminate trial accounts at its discretion.
2. Account Management and Responsibilities
2.1. User Registration: To access the Lincore AI Solution, the Customer must register and create an account ("Customer Account"). The Customer is responsible for maintaining the security of their account and passwords and for all activities that occur under their account.
2.2. Administrator Responsibilities: The Customer shall designate at least one User as the "Admin" or "Super Admin" to manage user access, permissions, and account settings. The Customer is responsible for all actions taken by its Users and Admins, including any changes made to account settings, user privileges, or permissions.
2.3. Prohibited Use: The Customer agrees not to misuse the Lincore AI Solution. Misuse includes but is not limited to the following:
• Engaging in any unlawful activities, such as violating local, state, national, or international laws and regulations;
• Uploading, transmitting, or distributing malicious software, viruses, or harmful code;
• Infringing intellectual property rights, including those of Lincore AI Inc. and third parties;
• Attempting to gain unauthorized access to other accounts, systems, or networks connected to the Lincore AI Solution;
• Interfering with the performance or integrity of the platform or its data;
• Engaging in any unlawful activities, such as violating local, state, national, or international laws and regulations;
2.4. Compliance with Laws: The Customer agrees to comply with all applicable laws, regulations, and guidelines related to the use of the Lincore AI Solution, including but not limited to data protection, intellectual property, and export control laws.
2.5. Accuracy of Information: The Customer is responsible for ensuring that all data, content, and information entered into the Lincore AI Solution are accurate, legal, and compliant with applicable regulations. Lincore AI Inc. shall not be responsible for verifying the accuracy or legality of Customer Data.
2.6. Data Backup: While Lincore implements backup and security protocols, the Customer is responsible for maintaining additional copies of their critical data. Lincore AI Inc. will not be held liable for any loss or corruption of data.
2.7. Security of Customer’s System: The Customer is responsible for implementing and maintaining adequate security measures, such as firewalls and antivirus software, on its systems and devices to prevent unauthorized access or security breaches when using the Lincore AI Solution.
2.8. Third-Party Software and Services: If the Customer uses third-party services or software in conjunction with the Lincore AI Solution (such as integrations via APIs), the Customer is responsible for complying with the terms and conditions of those third-party services. Lincore is not responsible for the performance, security, or compliance of third-party services used by the Customer.
2.9. License Restrictions: The Customer agrees not to:
• License, sublicense, sell, resell, lease, transfer, assign, distribute, or otherwise commercially exploit the Lincore AI Solution, except as expressly permitted under these Terms;
• Modify, adapt, or hack the Lincore AI Solution, or attempt to gain unauthorized access to the Solution or related systems or networks;
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Lincore AI Solution, except where expressly permitted by law.
2.10. Feedback and Suggestions: The Customer may provide feedback, suggestions, or recommendations to Lincore AI Inc. related to the Lincore AI Solution. Any feedback provided by the Customer is voluntary, and Lincore AI Inc. may freely use or incorporate such feedback into its products or services without obligation to the Customer.
2.11. Notification of Security Breaches: The Customer agrees to promptly notify Lincore AI Inc. if they become aware of any security breaches or unauthorized access to their account, Customer Data, or the Lincore AI Solution. Lincore AI Inc. will not be liable for any loss or damage resulting from the Customer’s failure to notify promptly.
2.12. Indemnification: The Customer agrees to indemnify and hold Lincore AI Inc. harmless from any claims, damages, liabilities, and expenses (including attorney fees) arising from:
• The Customer’s violation of these Terms;
• The Customer’s use of the Lincore AI Solution in violation of any laws or third-party rights;
• Any content or data the Customer submits that infringes or misappropriates intellectual property or other proprietary rights of third parties.
3. Fees and Payment Terms
3.1. Subscription Fees: Customers shall pay all fees associated with their selected plan as specified in the Purchase Order or Customer Account. Fees are non-cancellable and non-refundable, except as required by law.
3.2. Payment Processing: Payments are processed through third-party providers. By providing payment details, the Customer authorizes Lincore to charge the specified fees for the plan selected.
3.3. Late Payments: If payments are not received by the due date, Lincore may charge late fees, suspend access to the Lincore AI Solution, or terminate the Agreement.
4. Customer Data and Intellectual Property
4.1. Customer Data: The Customer retains ownership of all data they input into the Lincore AI Solution ("Customer Data"). By using the platform, the Customer grants Lincore a license to use, process, and store this data solely for the purpose of providing the Service.
4.2. Lincore's IP: Lincore owns all rights, titles, and interests in the Lincore AI Solution, including software, features, and intellectual property. The Customer is granted a limited license to use the Solution as provided under these Terms.
4.3. Prohibited Actions: The Customer agrees not to copy, modify, reverse-engineer, or distribute any part of the Lincore AI Solution or its intellectual property.
5. AI Insights and Limitations
5.1. AI Recommendations: The Lincore AI Solution includes AI-driven insights to enhance task and workflow management. These recommendations are provided "as-is" and are not guaranteed to be accurate or comprehensive.
5.2. No Professional Advice: AI insights should not be construed as legal, financial, or professional advice. Customers are responsible for reviewing and verifying any recommendations before acting on them.
6. Data Privacy and Security
6.1. Data Security: Lincore AI Inc. is committed to maintaining the highest level of security to protect Customer Data. Lincore implements industry-standard security protocols, including encryption, access controls, and regular security audits, to safeguard data transmitted, stored, or processed by the Lincore AI Solution. Key security measures include:
• Data Encryption: All data transmitted between the Customer and the Lincore AI Solution is encrypted using TLS (Transport Layer Security) protocols to prevent unauthorized interception.
• Data at Rest: Customer data is encrypted at rest using advanced encryption standards
• Access Controls: Access to the Lincore AI Solution is restricted through role-based access controls (RBAC) to authorized personnel only. Customers are responsible for assigning appropriate user roles and privileges.
• Vulnerability Management: Regular vulnerability scans and penetration testing are performed to identify and address security weaknesses. Lincore promptly applies patches and updates to fix known vulnerabilities.
• Data Isolation: Customer data is logically segregated from other users to ensure confidentiality and integrity.
6.2. Customer Responsibilities for Security: While Lincore AI Inc. implements robust security measures, the security of the Lincore AI Solution is a shared responsibility. The Customer agrees to:
• User Access Management: Ensure that only authorized personnel have access to the Lincore AI Solution. The Customer is responsible for creating, managing, and disabling user accounts, as well as defining role-based access to sensitive data and functionalities.
• Password Management: Use strong, unique passwords and change them regularly. The Customer is responsible for ensuring that users follow best practices for password security and that access credentials are not shared or reused.
• Device Security: Ensure that any device accessing the Lincore AI Solution is secured with up-to-date anti-virus software, firewalls, and operating system patches. The Customer is also responsible for securing any devices that store Customer Data, such as mobile devices or laptops.
• Monitoring and Reporting: Continuously monitor user activity and report any suspicious activity or security incidents to Lincore AI Inc. immediately. The Customer should use the available logs and monitoring tools within the platform to detect unauthorized access.
6.3. Incident Response: In the event of a security breach or unauthorized access to Customer Data:
• Lincore AI Inc. will promptly investigate the incident and notify the Customer as soon as possible, but no later than 72 hours after becoming aware of the breach.
• Containment and Mitigation: Lincore will take appropriate measures to contain and mitigate the effects of any breach, including but not limited to revoking access, isolating affected systems, and deploying updates or patches as needed.
• Cooperation with Authorities: Lincore will cooperate with legal and regulatory authorities in the investigation and resolution of security incidents where applicable.
6.4. Data Backup and Recovery: Lincore AI Inc. performs regular automated backups of Customer Data to ensure business continuity in case of system failure or data loss
6.5. Data Privacy Compliance: Lincore AI Inc. complies with applicable data protection regulations, including but not limited to:
• GDPR (General Data Protection Regulation) for EU residents;
• CCPA (California Consumer Privacy Act) for California residents;
• Other jurisdiction-specific data protection laws, as applicable.
6.6. Data Residency: Lincore AI Inc. may store and process Customer Data in various data centers across different geographical regions. The Customer can request information on where their data is stored. Lincore ensures that any cross-border data transfers comply with applicable data protection laws, including GDPR requirements for transfers outside the European Economic Area (EEA).
6.7. Subprocessors and Third-Party Services: Lincore AI Inc. may engage subprocessors to provide certain services related to the operation of the Lincore AI Solution. All subprocessors are required to implement security measures equal to or greater than those described in these Terms:
• List of Subprocessors: Lincore maintains a publicly available list of approved subprocessors. The Customer will be notified in advance of any changes to this list.
• Third-Party Integrations: If the Customer integrates third-party services with the Lincore AI Solution, it is the Customer’s responsibility to ensure that such services comply with applicable data protection and security standards.
6.8. Data Deletion and Retention: Upon termination of the Customer’s subscription, Lincore AI Inc. will retain Customer Data for a limited period as specified in the Data Retention Policy. Upon expiration of this period, Lincore will permanently delete or anonymize the data, except where retention is required by law:
• Customer Request for Deletion: Customers may request the deletion of their data at any time, subject to applicable legal obligations. Lincore will comply with such requests within a reasonable time frame, ensuring that data is securely deleted from all systems.
6.9. While Lincore AI Inc. takes every precaution to secure the Lincore AI Solution and Customer Data, the Customer acknowledges that no system is entirely immune to security risks. By using the Lincore AI Solution, the Customer accepts these risks and agrees that Lincore AI Inc. shall not be liable for any unauthorized access, loss, or corruption of data, except in cases of gross negligence or willful misconduct.
7. Third-Party Integrations
7.1. Integrations: The Lincore AI Solution may integrate with third-party services. Use of these services is subject to their respective terms and conditions, and Lincore is not responsible for issues arising from third-party applications.
7.2. Disclaimer: Lincore does not guarantee the functionality or reliability of third-party integrations.
8. Termination
8.1. Termination by Customer: Customers may terminate their subscription at any time through their Customer Account settings. Termination will take effect at the end of the current billing cycle.
8.2. Termination by Lincore: Lincore may suspend or terminate access to the Lincore AI Solution if the Customer breaches these Terms or fails to pay applicable fees.
8.3. Effect of Termination: Upon termination, the Customer’s access to the Lincore AI Solution will be revoked, and Lincore may delete all Customer Data unless otherwise required by law.
9. Limitation of Liability
9.1. Disclaimer of Warranties: The Lincore AI Solution is provided "as-is" and "as-available" without any warranties, either express or implied. To the fullest extent permitted by law, Lincore AI Inc. disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
9.2. No Guarantee of Results: Lincore AI Inc. does not guarantee that the Lincore AI Solution will meet the Customer’s specific requirements, expectations, or be error-free or uninterrupted. Lincore does not warrant the accuracy or reliability of any information obtained through the platform, including AI-driven insights, reports, or other outputs. Customers are solely responsible for their use of the Service and any decisions made based on the results generated.
9.3. Limitation of Direct Damages: To the maximum extent permitted by law, Lincore AI Inc.’s total cumulative liability to the Customer or any third party for all claims, damages, or losses arising from the use or inability to use the Lincore AI Solution shall be limited to the amount actually paid by the Customer to Lincore AI Inc. during the three (3) months preceding the event giving rise to such liability. If the Customer is using the Service on a free or trial basis, Lincore AI Inc.'s liability is limited to $100.
9.4. Exclusion of Indirect and Consequential Damages: Lincore AI Inc. shall not be liable to the Customer or any third party for any indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, data, or use, whether in an action in contract, tort (including negligence), strict liability, or otherwise, even if Lincore AI Inc. has been advised of the possibility of such damages.
9.5. Specific Exclusions: In addition to the general limitations above, Lincore AI Inc. will not be liable for:
• Damages resulting from the use or reliance on AI-driven insights, predictions, or analytics;
• Data loss, corruption, or unauthorized access to the Customer's data resulting from the Customer’s failure to maintain adequate backups, security protocols, or follow best practices;
• Damages caused by third-party integrations, applications, or services used in conjunction with the Lincore AI Solution;
• Any delays, disruptions, or outages caused by circumstances beyond Lincore AI Inc.’s reasonable control, including but not limited to internet failures, cyber-attacks, third-party services, force majeure events, or acts of government.
9.6. Third-Party Claims: Lincore AI Inc. shall not be liable for any claims, damages, or disputes arising from third-party services or products that integrate with or are used in conjunction with the Lincore AI Solution, including but not limited to any Non-Lincore Applications. The Customer is responsible for ensuring that any such third-party services comply with applicable laws and regulations and for any liability arising from their use.
9.7. Customer Responsibilities: The Customer is responsible for mitigating any potential damages by:
• Maintaining regular backups of all important data and content stored on or processed by the Lincore AI Solution;
• Implementing and maintaining adequate security measures, such as firewalls, anti-virus software, and encryption protocols;
• Notifying Lincore AI Inc. immediately of any potential security breaches or unauthorized access to Customer accounts.
9.8. Indemnification: The Customer agrees to indemnify, defend, and hold harmless Lincore AI Inc., its officers, directors, employees, agents, affiliates, and licensors from any and all claims, damages, liabilities, and expenses (including attorney fees) arising from:
• The Customer’s use of the Lincore AI Solution in violation of these Terms;
• The Customer’s infringement of any intellectual property rights or other rights of third parties;
• Any data, content, or information submitted by the Customer that violates any law, regulation, or third-party rights.
9.9. Specific Legal Exceptions: In some jurisdictions, certain limitations of liability or exclusions may not be allowed. If any part of this Limitation of Liability section is found to be unenforceable in any jurisdiction, the remaining provisions will remain in full force and effect, and Lincore AI Inc.’s liability will be limited to the fullest extent permitted by law in that jurisdiction.
10. Governing Law and Dispute Resolution
10.1. Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of Delaware, USA, for US-based Customers, and by the laws of the European Union for EU-based Customers.
10.2. Dispute Resolution: Any disputes arising under this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or a comparable arbitration body for Customers outside the US.
11. Changes to Terms
Lincore reserves the right to modify these Terms at any time. Notice of significant changes will be provided via email or in-app notification. Continued use of the Service after changes are made constitutes acceptance of the revised Terms.
12. Contact Information
If you have any questions regarding these Terms, please contact us at support@lincore.ai.