服务条款
服务条款
Last Updated: 2025/07/18
Please read these terms and conditions carefully before using Our Service.
These Terms govern the user's (“We” or “us”) use of “LG Optapex's Amazon Advertising Optimization Service” (hereinafter referred to as “LG Optapex”) owned and/or operated by LG CNS Co., Ltd. (hereinafter referred to as “LG CNS”)., to which these Terms are linked or 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 address verified 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 applicable fees associated with the plan We select. LG CNS will provide written or electronic notice at least [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 billing schedule 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.
1.4 Subscription Management
Plan Changes:
- Monthly Plans
Upgrades: Take effect immediately upon confirmation. Prorated charges for the higher tier will be added to the next billing cycle.
Downgrades or Cancellations: Apply at the next billing cycle. Service access continues at the current tier level until the end of the current billing period.
- Annual Plans
Upgrades: Mid-term upgrades incur a prorated charge for the remaining subscription period, with adjustments made to reflect the annual discount structure.
Downgrades or Cancellations: Eligible for refund of unused months calculated on a pro-rated basis, excluding the initial annual discount applied at subscription. Annual plan cancellations are subject to a 10% early termination fee calculated on the refundable amount.
Automatic Renewal: Subscriptions automatically renew for successive periods equal to the initial term unless canceled before the renewal date. Cancellation takes effect at the end of the current billing period.
Refund Limitations: No partial refunds will be provided for early cancellation. We remain liable for all fees (including but not limited to AWS fees, API calls, and data processing) incurred during the current billing period even if service is discontinued regardless of usage level. Full refunds may be provided at LG CNS's discretion if the account has not been integrated and no service features have been accessed within 48 hours of subscription activation. All billing adjustments and refund determinations are subject to LG CNS's reasonable discretion and verification of account activity.
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. LG CNS makes no guarantee regarding advertising performance, return on ad spend (ROAS), sales increases, or specific business outcomes. Results depend on numerous factors beyond LG CNS's control including market conditions, competition, product quality, pricing, and Amazon's algorithm changes. We understand that LG CNS is constantly innovating; accordingly, LG CNS may add, modify, or remove features to maintain and improve the Services.
Beta Features: LG CNS may offer experimental or beta features marked as such. These features are provided "as-is" with no warranties, may be unstable, and may be discontinued without notice. We use beta features at our own risk.
2.2 Third-Party Integrations and Access
We may need to provide LG CNS with access to our Amazon seller or vendor account credentials (or other third-party integrations) for core functionality. We acknowledge and agree that: (a) We are solely responsible for compliance with all Amazon Seller Central terms and policies; (b) Any Amazon account suspension, termination, or policy violation resulting from our use of LG Optapex is our sole responsibility; (c) We will not hold LG CNS liable for any Amazon policy changes, API limitations, or account restrictions; (d) We indemnify LG CNS against any claims arising from our Amazon account issues or policy violations. We acknowledge that managing and safeguarding account credentials (including revoking access for formeremployees) is our responsibility. If We fail to do so and such failure leads to unauthorized access 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 issues inherent in the use of the internet or electronic communications. LG CNS is not liable for delays or failures resulting from factors beyond its reasonable control, including force majeure events or internet disruptions.
2.4 Usage Limits and Fair Use
LG CNS may impose reasonable usage limits on API calls, data processing, storage, and other service features. Excessive usage that impacts system performance or incurs disproportionate costs may result in additional charges, service throttling, or account suspension. We agree to use LG Optapex in accordance with normal business practices and not to abuse, overload, or misuse the service.
2.5 Service Availability
We strive to ensure that LG Optapex operates continuously and is available 24 hours a day, 365 days a year. However, We acknowledge and agree that service availability may be affected by factors beyond LG CNS’s reasonable control, including but not limited to:
1. Scheduled maintenance or upgrades, for which We will provide prior notice whenever possible
2. Unscheduled downtime due to technical issues, internet disruptions, or force majeure events as outlined in Section 11.1 (Force Majeure).
While LG CNS will make commercially reasonable efforts to minimize disruptions and maintain service availability, We do not guarantee uninterrupted access to the Service.
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 with the use of LG Optapex. This information is used solely to operate, maintain, and enhance LG 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 to improve services, develop machine learning models, or generate usage insights. Any derived 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 or its licensors. No license or right to use this content is granted unless specifically stated in this Agreement.
4.2 Feedback and Suggestions
If We submit feedback or suggestions, LG CNS may freely use them without any obligation or compensation to Us. This includes the right to adapt, modify, or incorporate feedback into LG Optapex or related products/services.
4.3 User-Provided Trademarks and Logos
We grant LG CNS a non-exclusive, limited license to use our name, trademark, and/or logo during our subscription term for marketing or promotional purposes, unless We inform LG CNS otherwise in writing.
5. Confidential Information
5.1 Definition
During the course of our subscription, We and LG CNS may each disclose confidential or proprietary information (“Confidential Information”). Confidential Information includes but is not limited to business, technical, and financial information that is either marked as confidential or which a reasonable person would understand to be confidential based on its nature.
5.2 Use and Protection
The Receiving Party (the party receiving Confidential Information) shall use Confidential Information only as needed to fulfill obligations under this Agreement and shall maintain reasonable 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 the Disclosing 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 all copies of Confidential Information, subject to typical backup or archival requirements. Any retained 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 in connection 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 CNS suspects unauthorized use, it may suspend or terminate our account without notice.
6.3 Misuse of Account
We remain solely responsible for ensuring that former employees or unauthorized persons do not access LG Optapex. Failure to revoke or update account privileges may result in immediate 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 care and skill, and that it will use reasonable efforts to ensure the platform's availability, bug fixes, 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 by law, LG CNS disclaims all implied warranties, including merchant ability, fitness for a particular purpose, and non-infringement. LG Optapex is provided “as is” and “as available.”
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 the preceding 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 of their possibility.
8.3 Indemnification
We agree to indemnify and hold harmless LG CNS from any third-party claims arising out of
(a) our misuse of LG Optapex, (b) our violation of these Terms or applicable law, (c) infringement caused by our content, data, or instructions provided to LG CNS, (d) our violation of Amazon's terms of service or policies, (e) any advertising content or campaigns created through our use of LG Optapex, (f) our failure to maintain proper account security, or (g) any data privacy violations or breaches caused by our actions.
9. Term and Termination
9.1 Term
This Agreement commences upon account creation and continues until our subscription ends or is terminated under these Terms.
9.2 Termination for Breach
Either party may terminate if the other party materially breaches this Agreement and fails to cure the breach within [15 days] of written notice. If We violate laws or cause harm to LG 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 billing cycle. Service remains active until the end of the current billing cycle unless otherwise specified.
9.4 Effect of Termination
Upon termination, LG CNS has no further obligation to maintain or provide access to our data unless otherwise required by law. Any unpaid fees become immediately due. If We misuse 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 regard to conflict-of-law principles.
10.2 Arbitration
Except where prohibited by law, any dispute arising from or relating to these Terms or LG Optapex shall be resolved by binding arbitration in the United States under the rules of a recognized arbitration organization. By using LG Optapex, We waive the right to a trial by jury or class action.
10.3 Injunctive Relief
Nothing in this section prevents either party from seeking equitable relief in a court of competent jurisdiction to prevent irreparable harm.
10.4 Compliance and Regulatory Changes
We acknowledge that advertising regulations, data privacy laws, and e-commerce rules may change. We are solely responsible for ensuring our use of LG Optapex complies with all applicable laws and regulations. LG CNS may modify the service to comply with legal requirements, and such modifications do not constitute a breach of this Agreement.
11. Miscellaneous
11.1 Force Majeur
LG CNS is not liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, strikes, internet outages, government actions, changes in third-party service terms (including Amazon), cyber attacks, pandemics, supply chain disruptions, or other unforeseeable circumstances beyond LG CNS’s control. This includes changes to Amazon's API, policies, or platform that affect LG Optapex functionality.
11.2 Assignment
We may not assign or transfer this Agreement, in whole or in part, without the prior written consent 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 entire agreement between LG CNS and Us regarding LG Optapex. Any prior discussions or agreements are superseded.
11.4 Severability
If any provision is deemed unenforceable, the remaining provisions will continue in full force and effect.
11.5 Notice
LG CNS may provide notices by email, posting within our account, or by other reasonable electronic 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 marketing communications from LG CNS, including but not limited to newsletters, promotional offers, and product updates. These communications may be sent via email or other electronic means. We may opt out of these communications at any time by following the unsubscribe instructions in the message.
12.2 Opt-Out Option
We understand that We have the right to opt-out of receiving marketing communications at any time. To opt-out, We may use the unsubscribe link provided in the marketing emails or contact 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 information provided during account creation or service use for the purpose of sending targeted marketing 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 regarding marketing communications, including obtaining necessary consents and honoring opt-outrequests.