This Terms of Service and Acceptable Use Policy governs your use of the website, products, services, and technologies (collectively referred to as the “Products”) provided by MarketLinc/Lift-AI under any ongoing agreement. It is designed to protect those involved from unethical, irresponsible, and illegal activity, and outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand. By accessing the Products, you agree to abide by this Policy and to comply with all applicable laws and regulations. If you do not agree with this Policy, you are prohibited from using or accessing the Products provided by MarketLinc/Lift-AI. MarketLinc/Lift-AI customers found engaging in activities prohibited by this Policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities. We, MarketLinc/Lift-AI, reserve the right to review and amend any of this Policy at our sole discretion. Upon doing so, we will update this page. Any changes this Policy will take effect immediately from the date of publication.
By using the Products, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
The intellectual property in the materials contained in the Products are owned by or licensed to MarketLinc/Lift-AI and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Policy, and may be terminated by MarketLinc/Lift-AI at any time.
“Confidential Information” includes the Technology and Documentation provided by MarketLinc/Lift-AI. And all information disclosed from the use of MarketLinc/Lift-AI Technology and processes, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information and any other information provided by MarketLinc/Lift-AI in connection with setting up of the Platform.
Any organization using the MarketLinc/Lift-AI products will use the same degree of care for MarketLinc/Lift-AI Confidential Information that it uses to protect its own Confidential Information of like kind (but not less than reasonable care). It will not use any Confidential Information for any purpose outside the scope of MarketLinc/Lift-AI Agreement and shall be responsible for any breaches of confidentiality obligations hereunder by any third party to whom it discloses the Confidential Information. Notwithstanding anything to the contrary set forth herein, MarketLinc/Lift-AI may collect and use data regarding the use and performance of the Platform in anonymized and aggregated form, to analyse and improve the Platform and for Platform support, and general benchmarking data and industry reports, provided that any user data is aggregated and anonymized such that no personally identifying information of any individual is revealed.
Our Products, and the materials in our Products are provided on an 'as is' basis. To the extent permitted by law, MarketLinc/Lift-AI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. In no event shall MarketLinc/Lift-AI or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Products, or the materials in the Products, even if MarketLinc/Lift-AI or an authorized representative has been notified, orally or in writing, of the possibility of such damage. In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on our website are not comprehensive and are for general information purposes only. MarketLinc/Lift-AI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
MarketLinc/Lift-AI has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by MarketLinc/Lift-AI of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
We may suspend or terminate your right to use our Products, and terminate these Terms of Service immediately upon written notice to you for any breach of this Policy.
Any term of this Policy which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of this Policy is not affected.
These Terms of Service are governed by and construed in accordance with the laws of USA. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
We provide our Products with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted. We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures. By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question. If a customer — or their end-user or anyone using our Products as a result of the customer — violates this Policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our Policy.
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this Policy, or the policies of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks. Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.). Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems. Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.
Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
We prohibit the impersonation of MarketLinc/Lift-AI, the representation of a significant business relationship with MarketLinc/Lift-AI, or ownership of any MarketLinc/Lift-AI property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.
