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Terms of Service, Privacy and Security

By using the www.lokad.com website, Lokad Forecasting API, Lokad Salescast, Lokad Callcalc or Lokad Shelfcheck (“Service”), all services of LOKAD SAS (“LOKAD”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

LOKAD reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of all Lokad Services. You agree to use the Service at your own risk.

Table of Contents [Hide/Show] Terms of Service, Privacy and Security    General Conditions    Account Terms    Payment and Refunds    Cancellation and Termination    Modifications to the Service and Prices    Data security, Confidentiality, Copyright and Content Ownership    API Terms

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Providing technical support to account holder with an support contract with Lokad is at the discretion of the Lokad support team
3. You understand that LOKAD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, LOKAD, or any other LOKAD service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by LOKAD.
6. You understand that the technical processing and transmission of the written service, including your Content, may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. LOKAD does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
8. You expressly understand and agree that LOKAD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LOKAD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
9. The failure of LOKAD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LOKAD and govern your use of the Service, superseding any prior agreements between you and LOKAD (including, but not limited to, any prior versions of the Terms of Service).
10. All disputes shall be conducted in front of the Courts of Paris, under the application of the French law.
11. Questions about the Terms of Service should be sent to contact@lokad.com.
    

Account Terms

1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
2. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
3. You are responsible for maintaining the security of your account and password. LOKAD cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4. You are responsible for all activity that occurs under your account (even when the activity is attributable by others who have accounts under your account).
   

Payment and Refunds

1. By holding a Lokad account, no charges are incurred. You will only be charged for consumption of Lokad services according to the prices advertised on our website. You can monitor your consumption in your account.
2. You will be billed for consumption on a monthly basis, an invoice will be sent to your email at the end of each month. In case you have not used Lokad services during a month, no invoice will be sent.
3. Lokad has a 60 day money back guarantee. In case you are not satisfied with Lokad’s services we will cancel open invoices and/or refund paid invoices upon email request up to 60 days from the date of payment. This does not concern implementation or trial fees.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities in your country, and you shall be responsible for payment of all such taxes, levies, or duties.
5. Euro zone based clients are required to provide a valid VAT number in order to be eligible for the prices advertised on www.lokad.com. LOKAD reserves the right to levy additional charges in case a VAT number is not provided.
   

Cancellation and Termination

1. You can cancel your account via an email or phone request.
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. You can keep your account for future use. No charge is applied to you unless you retake activity that triggers consumption.
4. LOKAD, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LOKAD service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. LOKAD reserves the right to refuse service to anyone for any reason at any time.
   

Modifications to the Service and Prices

1. LOKAD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services are subject to change upon 30 day notice from us. Such notice may be provided at any time by posting the changes to the LOKAD Site (www.lokad.com) or the Service itself, unless an individual contract stipulating price is in effect.
3. LOKAD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
   

Data security, Confidentiality, Copyright and Content Ownership

The following terms regarding data security, confidentiality, copyright and content ownership are applicable unless a separate agreement that expressly replaces these terms has been signed by you and Lokad.

1. LOKAD claims no ownership or intellectual property rights over the data you provide to the Service. Your profile and data uploaded remain yours. However, by uploading data, you agree to LOKAD staff analyzing and manipulating your data in order to provide the Service.
2. LOKAD will not share, sell, make public or in any other way make available your data to 3rd parties or individuals that do not belong to its staff.
3. LOKAD will consider all time-series data and related information sent to LOKAD "Confidential Information". However, Confidential Information shall not include information which, (i) is known or subsequently becomes generally known or available by publication, commercial use or otherwise, through no fault of LOKAD, (ii) is known by LOKAD at the time of disclosure, or (iii) is lawfully obtained by LOKAD without violation of a confidentiality obligation.
4. LOKAD will (i) use Confidential Information solely for the purpose of providing he Service; (ii) use all possible means to maintain the Confidential Information in strict confidence, and at least those measures that it employs for the protection of its own confidential information, but in any event not less than a reasonable degree of care, (iii) disclose Confidential Information only to LOKAD’s employees and affiliates who are required to have the information for the purpose of delivering the Service and (iv) to immediately notify you in writing in the event of any unauthorized use or disclosure of the Confidential Information. You agree to use all possible means to transmit the Confidential Information in a strictly confidential manner.
5. LOKAD has the right to store, analyze and manipulate the uploaded or sent data in its technology platform.
6. This agreement is applicable, unless a separate non-disclosure agreement has been signed, for a period of 2 years from the date of last receipt of confidential information unless sooner terminated pursuant to or in connection with any agreement or otherwise between the parties.
7. All accesses to the Lokad systems (website and web services) are password protected. We use a one-way hashes to store your passwords. This means that no password is explicitly stored by the Lokad systems. It is the users' responsibility to safeguard and protect their password information.
8. We expressly suggest to obfuscate your data before sending it to Lokad for additional data security.
9. The look and feel of the Service belongs to LOKAD. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from LOKAD.
   

API Terms

Customers may access LOKAD services via APIs (Application Program Interfaces) provided by Lokad. Any use of any of the APIs, including the use of the API through a third-party product that accesses LOKAD, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that LOKAD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LOKAD has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to LOKAD via the API may result in the temporary or permanent suspension of your account's access to the API. LOKAD, in its sole discretion, will determine abuse or excessive usage of the API. LOKAD will make a reasonable attempt via email to warn the account owner prior to suspension.
3. LOKAD reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.