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Terms of Service

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Software as a Service Agreement

This Software as a Service Agreement, hereby known as the “Agreement” entered into by and between Lincsell.com (“Supplier”), and the individual or entity (“Customer”) who is signing up for the Suppliers SaaS platform (the “Service”).

Both Supplier and Customer together are collectively hereby known as “Party” or “Parties.”

  •  WHEREAS, the Supplier has developed specific E-commerce software and web applications that it makes available for customers to integrate with their systems over the Internet;
  • WHEREAS, the Customer wants to use the Supplier’s applications in its company operations; and
  • WHEREAS, the Supplier agrees to provide said applications to the Customer who agrees to use and pay for Supplier’s services, which are subject to the following terms and conditions:

Definitions

Services

Subscription services provided by the Supplier to the Customer under this Agreement from the website https://lincsell.com.

Documentation

Describes documents made available by Supplier to the Customer at the website https://lincsell.com. The description at said URL sets out the total Services offered by the Supplier and instructions for how to use said Services.

Support Services Policy

Includes the support provided by the Supplier in relation to the Services made available at https://lincsell.com.

Authorized Users

Users that are authorized by the Customer, like independent contractors, agents, or employees, to use the Services and Documentation.

User Subscriptions

The subscription purchased by Customer under this Agreement gives them and their Authorized Users access to the Services and Documentation.

Customer Data

Data inputted by the Customer, Supplier, or Authorized Users. The Supplier may input Customer Data on behalf of the Customer for the purpose of using the Services or to facilitate the Customer’s use of said Services.

Normal Business Hours

For the purpose of this Agreement, “Normal Business Hours” means 9am to 5pm local Central Standard Time, Monday through Friday except holidays. If the Supplier works on weekends, these hours do not count as “Normal Business Hours” for the purpose of this Agreement.

Software

The online software applications provided to the Customer by the Supplier as part of its Services.

Virus

Anything (including software, file, code, or program) that could affect, impair, or prevent portions of the operations of Services or Documentation.

User Subscriptions Terms

The Supplier grants to the Customer a non-transferable, non-exclusive right to permit the Authorized Users to use the Services and Documentation during the Subscription Terms solely for internal business operations and for no other purpose.

In regards to the Customer’s Authorized Users, the Customer agrees to:

  • Not exceed the maximum amount of Authorized Users based on the number of User Subscriptions purchased;
  • Not use more than one Authorized User per User Subscription;
  • Not transmit or distribute any Viruses, or anything that could be considered harmful, threatening, offensive, harassing, obscene, illegal, sexually explicit, violent, discriminatory, or a direct encouragement to hurt a person or a person’s property.

Due to this clause, the Supplier reserves the right to remove and/or disable the Customer’s access to any material if the Customer willingly breaks or desires to break said clause.

Additional User Subscriptions Terms

During the Subscription Term, the Customer may purchase additional User Subscriptions in excess as indicated in “Fees and service term.” To do so, the Customer must:

  • Request the additional amount of User Subscriptions in writing to the Supplier.
  • If the Supplier agrees, the Customer must pay the additional User Subscriptions based on the amount outlined in “Fees and service term.”

Fees and Service Terms

As a part of this Agreement, the fees and service term on the Effective Date are as follows:

Subscription Fees

The customer agrees to pay Supplier the fees as specified on the Suppliers pricing page or as otherwise agreed upon. Customer’s access to the Service may be suspended or terminated for non-payment.

Additional User Subscription Fees

Customer may purchase additional Location Subscriptions; Amount to be determined based on location needs.

Subscription Term

The initial subscription is open ended and will end when the customer provides 30-days written notice to cancel.

Customer Data

The Customer affirms to the Supplier that the Customer Data will not violate the intellectual property rights or any other legal rights and will not break the provisions of any law, regulation, or statute in any jurisdiction under applicable laws.

The Customer agrees to create a backup copy of data daily, sufficient enough to be restored should it need be. The Supplier is not responsible for any lost data the Customer incurs due to misuse, nor are they responsible for the lost data incurred from a blackout or Virus.

Support Services

The Supplier shall make available a help desk to the Customer during Normal Business Hours. The Supplier agrees to provide Support Services with equitable skill and care.
The Customer may use the help desk to request or receive Support Services, and the Supplier shall respond promptly. The Supplier may suspend Support Services if any amount due to be paid by the Customer to the Supplier is late by at least (30) days.

Charges & Payments

The Supplier shall provide invoices for the Charges to the Customer from time to time during the terms. The Customer is required to pay the said Payments or Charges to the Supplier within (7) days after issuing the invoice.

If the Customer does not pay any amount of the Charge due to the Supplier under this Agreement, the Supplier may charge interest at the rate of 1.5% per month until the Customer pays off their debts.
The Supplier reserves the right to increase the fees for the Services provided under this Agreement; however, the Supplier shall provide the Customer with a written notice of such fee increase at least 30 days prior to its effective date. In the event of a fee increase, the Customer shall have the option to cancel the Services within the 30-day notice period without incurring any additional charges or penalties.
The Customer acknowledges that the fees may be subject to periodic adjustments at the Supplier’s discretion. The updated fees will be reflected in the invoices issued by the Supplier to the Customer. Continued use of the Services after the fee increase shall constitute acceptance of the revised fees.

Limitation of Liability

Supplier shall not be held liable for:

  • Personal injury or death resulting from negligence.
  • Loss of business, contracts, or opportunities.
  • Fraudulent misrepresentation.
  • Loss of savings or profits.
  • Laws not limited by this Agreement.
  • Liabilities that may not be excluded under applicable law.

Proprietary Rights

No terms in this Agreement allows the transfer or assignment of any intellectual property rights from the Supplier to the Customer or from the Customer to the Supplier. The Supplier owns 100% of the Services and Documentation included in this Agreement.

Terms and Termination

Either Party can terminate this Agreement by giving the other Party at least (30) days of written notice. If any Party breaches the contract terms, any Party can terminate the Agreement immediately. If either Party is dissolved, ceases conduct of all of its business, is unable to pay its debts, or becomes insolvent, the Agreement will be terminated according to the subscription terms.

Privacy Policy can be found at: https://lincsell.com/privacy-policy/

General Terms

No waiver

A breach in said Agreement shall not be waived except with the written consent of the Party not responsible for the violation.

Severability

If any provisions of this Agreement are determined to be unlawful or enforceable by any court or competent authority, all other provisions in this Agreement will continue in effect.

Entire agreement

This Agreement includes the entire agreement between the Supplier and the Customer and replaces all past Agreements, understandings, and representations of the Parties, whether written or oral.

Governing law

This Agreement shall be governed by and constructed in accordance with laws in the state of Texas. The parties agree that the courts of Texas have exclusive jurisdiction to settle any claim or dispute that arises out of this Agreement.

Biometric Data Consent for User Login

The Customer hereby agrees and provides informed consent for the collection, use, and storage of biometric data for the purpose of user login within my organization. The customer understands that it is their responsibility to notify users of the use of biometric data for user login. The customer further understands that biometric data refers to unique physical and behavioral characteristics, such as facial recognition, fingerprints, or voiceprints, that can be used to verify a users identity.

The customer acknowledges that the collection of biometric data is voluntary, and the customer has the right to refuse to provide this data. However, the customer also understands that using biometric data for user login may provide users with a more convenient and secure way to access certain systems and services.

The customer understands that biometric data will be collected, used, and stored in accordance with applicable laws and regulations, and will only be used for the specific purposes outlined in this consent form. The customer acknowledges that the biometric data for their organizations employees will be securely stored and protected against unauthorized access, use, or disclosure.

The customer understands that they may revoke this consent at any time by providing written notice to Supplier by emailing support@lincsell.com. However, revoking this consent may affect their ability to access certain systems and services.

The customer certifies that they have read and understood this consent form, and that they’ve been given the opportunity to ask any questions they may have about the collection, use, and storage of users’ biometric data.

No Disparagement

The customer hereby agrees to the following terms and conditions regarding online behavior and communications regarding the supplier.

  • The customer will not post or publish any information or comments, whether written, verbal, or visual, that may be construed as slanderous or defamatory towards the supplier or any of its employees, products, or services.

  • The customer understands that any negative or damaging comments made about the supplier could harm the company’s reputation, cause financial losses, and negatively impact the morale of its employees.

  • The customer agrees to refrain from posting any such comments or engaging in any behavior that could be perceived as harmful or malicious towards the supplier.

  • The customer understands that the supplier reserves the right to take legal action against the customer if they violate this agreement and post any slanderous comments about the company or its employees, products, or services.

  • The customer acknowledges that this agreement is binding and enforceable under the laws of the suppliers jurisdiction, and that their electronic agreement to these terms and conditions constitutes a legal and valid agreement.

PCI Compliance Responsibility

  1. PCI Compliance and Responsibility
    1. PCI Compliance: The Subscriber acknowledges and understands that the Payment Card Industry (PCI) Data Security Standard (PCI DSS) is a set of security standards established by the PCI Security Standards Council to protect cardholder data and ensure secure payment transactions. The Subscriber agrees to comply with all applicable requirements of the PCI DSS.
    2. LincSell as an “Out of Scope” Solution: The Subscriber acknowledges that LincSell, our Software-as-a-Service (SaaS) solution, is an “Out of Scope” solution, meaning it does not process, store, or transmit any cardholder data. LincSell does not fall under the scope of PCI compliance obligations.
    3. Subscriber’s Responsibility: The Subscriber understands and accepts that it is solely responsible for maintaining PCI compliance within its own organization, including any cardholder data processing, storage, or transmission conducted by the Subscriber or its authorized users.
  2. Subscriber’s Obligations
    1. PCI Compliance Obligations: The Subscriber agrees to undertake all necessary measures to ensure PCI compliance within its organization, including but not limited to:
      1. Familiarizing themselves with the requirements of the PCI DSS and determining which requirements apply to their business operations;
      2. Conducting self-assessments or engaging a Qualified Security Assessor (QSA) to evaluate their organization’s compliance status;
      3. Implementing appropriate security controls, such as firewalls, encryption, access controls, and regular security monitoring, to protect cardholder data;
      4. Educating their employees about PCI compliance, data security best practices, and their responsibilities in safeguarding cardholder data;
      5. Periodically reviewing and updating security measures to adapt to emerging threats and changes in their business environment.
    2. Limited Responsibility of LincSell: The Subscriber acknowledges and agrees that LincSell’s responsibility is limited to ensuring the security of its systems and infrastructure that support the LincSell platform. LincSell does not process, store, or transmit any cardholder data and, therefore, is an “Out of Scope” solution for PCI compliance.
    3. Indemnification: The Subscriber agrees to indemnify and hold harmless LincSell and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or liabilities arising out of the Subscriber’s failure to maintain PCI compliance within its organization, including any breaches of cardholder data or non-compliance with PCI DSS requirements.
  3. Disclaimer of Liability
    1. No Liability for Subscriber’s PCI Non-Compliance: LincSell shall not be liable for any losses, damages, costs, or expenses incurred by the Subscriber as a result of the Subscriber’s failure to maintain PCI compliance within its organization, including any fines, penalties, or assessments imposed by card brands or regulatory authorities.

PCI Compliance Responsibility Cont'd

  • PCI Security Standards Council (SSC) Website: The official website of the PCI SSC (https://www.pcisecuritystandards.org) provides comprehensive information on PCI Compliance. It includes the PCI Data Security Standard (PCI DSS), Payment Application Data Security Standard (PADSS), and other relevant standards, guidelines, and resources.

  • Self-Assessment Questionnaires (SAQs): The PCI SSC provides different SAQs tailored to different merchant environments. Merchants can access the appropriate SAQ for their business type and size to assess their PCI Compliance requirements and implementation.

  • PCI Compliance Guides and Documentation: The PCI SSC offers various guides and documentation that provide detailed explanations, interpretations, and recommendations for achieving and maintaining PCI Compliance. These resources cover topics such as network security, encryption, vulnerability scanning, and more.

  • Qualified Security Assessors (QSAs): Merchants can engage a Qualified Security Assessor (QSA) to conduct a formal assessment of their PCI Compliance status. QSAs are certified professionals who can evaluate the merchant’s compliance with the PCI DSS and provide guidance on remediation if needed.

  • Acquiring Bank or Payment Processor: Merchants can consult with their acquiring bank or payment processor, as they often have resources and expertise in PCI Compliance. They can provide guidance, documentation, and assistance in understanding and meeting PCI requirements.

  • Industry Associations and Forums: Industry-specific associations and forums may offer educational materials, webinars, or seminars on PCI Compliance. These resources can provide valuable insights and practical advice on meeting compliance obligations within specific industries.

  • Security Consultants: Engaging a reputable security consulting firm that specializes in PCI Compliance can provide merchants with expert guidance and assistance in achieving and maintaining compliance. These consultants can assess the merchant’s systems, provide remediation recommendations, and help implement security controls.