Terms of Services
Optapex Terms of Services
Last Updated: 2025/01/15
Please read these terms and conditions carefully before usingOur Service.
These Terms govern the user's (“We” or “us”) use of “LG Optapex's Amazon AdvertisingOptimization Service” (hereinafter referred to as “LG Optapex”) owned and/or operated byLG CNS Co., Ltd. (hereinafter referred to as “LG CNS”)., to which these Terms are linkedor referenced to, including all content, features and functionality, and related services.
1. Account Creation and Service Subscription
1.1 Account Creation
To access LG Optapex, We must create an account using a valid business email addressverified by LG CNS. We agree to provide accurate, complete, and up-to-date information.We shall promptly update any information if it changes.
1.2 Subscription Plans and Fees
LG Optapex services are offered on one or more subscription plans or tiers, which LGCNS may update or revise. By electing to use these plans, We agree to pay all applicablefees associated with the plan We select. LG CNS will provide written or electronic notice atleast [30 days] before any price changes become effective.
1.3 Billing and Payment
Unless otherwise specified, fees shall be due and payable in accordance with the billingschedule stated at sign-up.If We fail to pay any invoice when due, LG CNS may
(a) charge interest at the rate of [1.5% per month] or the maximum rate allowed by law,
(b) suspend or terminate the service for nonpayment, and/or
(c) require payment for future services on shorter terms.
All fees are generally non-refundable unless explicitly stated otherwise or required byapplicable law.
2. Service Description and Use
2.1 Scope of Service
LG Optapex provides Amazon Advertising optimization, related analytics, and otherfeatures that may include reporting and
performance insights. We understand that LGCNS is constantly innovating; accordingly, LG CNS may add, modify, or remove featuresto maintain and improve the Services.
2.2 Third-Party Integrations and Access
We may need to provide LG CNS with access to our Amazon seller or vendor accountcredentials (or other third-party integrations) for core functionality. We acknowledge thatmanaging and safeguarding account credentials (including revoking access for formeremployees) is our responsibility. If We fail to do so and such failure leads to unauthorizedaccess or activity, We hold LG CNS harmless.
2.3 System Requirements and Delays
We acknowledge that LG Optapex may be subject to limitations, delays, or other issuesinherent in the use of the internet or electronic communications. LG CNS is not liable fordelays or failures resulting from factors beyond
3. Data Usage, Privacy, and Aggregated Statistics
3.1 Data Collection and Use
LG CNS may collect and process data related to our Amazon Advertising performance,including Ad Performance Data, Sales Performance Data, and analytics connected withthe use of LG Optapex. This information is used solely to operate, maintain, and enhanceLG Optapex.
3.2 Privacy Policy
All personal information provided to LG CNS is subject to the LG Optapex Privacy Policy,which explains how data is collected, transferred, stored, and used. By using LG Optapex,We consent to the practices in that policy.
3.3 Aggregated and Anonymized Data
LG CNS may analyze or combine user data in an aggregated or anonymized manner toimprove services, develop machine learning models, or generate usage insights. Anyderived statistics or insights will not publicly identify us.
4. Intellectual Property Rights
4.1 LG CNS Ownership
All intellectual property, including but not limited to software code, designs, trademarks,and any related content used to operate LG Optapex, is owned exclusively by LG CNS orits licensors. No license or right to use this content is granted unless specifically stated inthis Agreement.
4.2 Feedback and Suggestions
If We submit feedback or suggestions, LG CNS may freely use them without any obligationor compensation to Us. This includes the right to adapt, modify, or incorporate feedbackinto LG Optapex or related products/services.
4.3 User-Provided Trademarks and Logos
If We submit feedback or suggestions, LG CNS may freely use them without any obligationor compensation to Us. This includes the right to adapt, modify, or incorporate feedbackinto LG Optapex or related products/services.
5. Confidential Information
5.1 Definition
During the course of our subscription, We and LG CNS may each disclose confidential orproprietary information (“Confidential Information”). Confidential Information includes but isnot limited to business, technical, and financial information that is either marked asconfidential or which a reasonable person would understand to be confidential based onits nature.
5.2 Use and Protection
The Receiving Party (the party receiving Confidential Information) shall use ConfidentialInformation only as needed to fulfill obligations under this Agreement and shall maintainreasonable security measures to protect it from unauthorized access or disclosure.
5.3 Exclusions
Confidential Information does not include information that is:
(a) independently developed by the Receiving Party without use of or reference to theDisclosing Party's Confidential Information,(b) lawfully obtained from a third party without confidentiality obligations,
(c) or which becomes public without any breach of this Agreement.
5.4 Return or Destruction
Upon written request by the Disclosing Party, the Receiving Party shall return or destroy allcopies of Confidential Information, subject to typical backup or archival requirements. Anyretained archived copies remain subject to these confidentiality obligations.
6. Prohibited Activities
6.1 Legal Compliance
We agree not to engage in any unlawful behavior or violation of relevant laws inconnection with LG Optapex, such as server hacking or bypassing usage restrictions.
6.2 Unauthorized Access
We shall not permit any unauthorized access to our LG Optapex account. If LG CNSsuspects unauthorized use, it may suspend or terminate our account without notice.
6.2 Unauthorized Access
We remain solely responsible for ensuring that former employees or unauthorized personsdo not access LG Optapex. Failure to revoke or update account privileges may result inimmediate termination or suspension of the Service.
7. Limited Warranty and Disclaimer of Warranties
7.1 Service Warranty
LG CNS warrants that LG Optapex will be provided using commercially reasonable careand skill, and that it will use reasonable efforts to ensure the platform's availability, bugfixes, and consistent performance.
7.2 Disclaimer
LG CNS makes no warranties or representations regarding guaranteed ad performance,specific financial results, or uninterrupted service. To the maximum extent permitted bylaw, LG CNS disclaims all implied warranties, including merchantability, fitness for aparticular purpose, and non-infringement. LG Optapex is provided “as is” and “asavailable.”
8. Limitation of Liability
8.1 Liability Cap
In no event shall LG CNS's total liability exceed the total amount of fees paid by Us in thepreceding six (6) months. If We have not paid fees (e.g., if We are in a trial or free tier),liability is limited to [a nominal amount, such as $100], unless otherwise required by law.
8.2 Exclusion of Certain Damages
LG CNS shall not be liable for indirect, consequential, special, incidental, punitive, orexemplary damages, including loss of business, revenue, profits, or data, even if aware oftheir possibility.
8.3 Indemnification
We agree to indemnify and hold harmless LG CNS from any third-party claims arising outof
(a) our misuse of LG Optapex,(b) our violation of these Terms or applicable law, or(c) infringement caused by our content, data, or instructions provided to LG CNS.
9. Term and Termination
9.1 Term
This Agreement commences upon account creation and continues until our subscriptionends or is terminated under these Terms.
9.2 Termination for Breach
Either party may terminate if the other party materially breaches this Agreement and failsto cure the breach within [15 days] of written notice. If We violate laws or cause harm toLG CNS, LG CNS may suspend or terminate our account immediately.
9.3 Termination by Us
We may terminate for convenience by canceling our subscription before the next billingcycle. Service remains active until the end of the current billing cycle unless otherwisespecified.
9.4 Effect of Termination
Upon termination, LG CNS has no further obligation to maintain or provide access to ourdata unless otherwise required by law. Any unpaid fees become immediately due. If Wemisuse the Service resulting in immediate termination, no refunds or credits will be issued.
10. Dispute Resolution and Governing Law
10.1 Governing Law
The terms of this Agreement are governed by the laws of the United States, without regardto conflict-of-law principles.
10.2 Arbitration
Except where prohibited by law, any dispute arising from or relating to these Terms or LGOptapex shall be resolved by binding arbitration in the United States under the rules of arecognized arbitration organization. By using LG Optapex, We waive the right to a trial byjury or class action.
10.3 Injunctive Relief
Nothing in this section prevents either party from seeking equitable relief in a court ofcompetent jurisdiction to prevent irreparable harm.
11. Miscellaneous
LG CNS is not liable for delays or failures caused by events beyond its reasonable control,such as natural disasters, strikes, or internet outages.
11.2 Assignment
We may not assign or transfer this Agreement, in whole or in part, without the prior writtenconsent of LG CNS. Any attempted assignment without such consent shall be void.
11.3 Entire Agreement
This Agreement (and any referenced policies, including the Privacy Policy) forms the entireagreement between LG CNS and Us regarding LG Optapex. Any prior discussions oragreements are superseded.
11.4 Severability
If any provision is deemed unenforceable, the remaining provisions will continue in fullforce and effect.
11.5 Notice
LG CNS may provide notices by email, posting within our account, or by other reasonableelectronic means. We may provide notices to LG CNS via the designated email address or
the contact methods provided by LG CNS.
12. Marketing Communications
12.1 Consent for Marketing Communications
By creating an account and using LG Optapex, We consent to receive marketingcommunications from LG CNS, including but not limited to newsletters, promotional offers,and product updates. These communications may be sent via email or other electronicmeans. We may opt out of these communications at any time by following the unsubscribeinstructions in the message.
12.2 Opt-Out Option
We understand that We have the right to opt-out of receiving marketing communications atany time. To opt-out, We may use the unsubscribe link provided in the marketing emails orcontact LG CNS directly at optapex@lgcns.com.
12.3 Data Usage for Marketing
We acknowledge that LG CNS may use our email address and other relevant informationprovided during account creation or service use for the purpose of sending targetedmarketing communications. This data usage is subject to the LG Optapex Privacy Policy.
12.4 Compliance with Applicable Laws
LG CNS commits to complying with all applicable laws and regulations regardingmarketing communications, including obtaining necessary consents and honoring opt-outrequests.