Last updated on October, 1, 2019.
This Terms of Service is a binding agreement between You and Linear Squared Singapore PTE. LTD., a company incorporated under the laws of Singapore, bearing Company Registration Number 201838886C and having its registered address at 160, Robinson Road, #17-01 Spore Business Federation Ctr, Singapore 068914.
This Terms of Service applies to:
- Capacity Squared Cloud Service
- DEEP Enterprise Planning Suite On-line Service
- Retention Squared Cloud Service
(Collectively, the “Linear Squared Services” and each, a “Linear Squared Service”)
Other Linear Squared products and services are covered by other agreements, as specified in the EULA & Terms of Service.
Linear Squared Services include the concept of a site and site administrator. For the rest of this document, they will be referred to as Site Administrators. There will be other users of Linear Squared services and they will be referred to as Users.
2. Using Our Services Means Accepting These Terms
Linear Squared may update its Terms of Service periodically. Your access and use of the Linear Squared Service is always subject to the latest version of this Terms of Service, which may be found at www.linearsquared.com/terms.html
Email and phone support are included, but only provided to Site administrators.
Site administrators are responsible for first-level support to the users on their service site or subscription. If you have an issue with your Linear Squared Service, contact your Owner(s) first.
We continuously update our product documentation so that users can help themselves and Site administrators are better equipped to help their users.
We take pride in providing excellent customer support, but we are also a small team and value our work/life balance. This means that although we’ll try our best, we cannot and do not guarantee that support will be available 24 hours a day, seven days a week.
4. System Requirements
It also requires the Adobe Flash Player.
Your devices have to be able to access our servers on port 80, 443, and 445.
5. Integration with your Enterprise Resource Planning (ERP) System
There are standard interfaces and file structures defined for all inputs and outputs. You can use these format and structures that would help you to generate necessary output and input files to integrate with your Enterprise Resource Planning (ERP) system.
We can also assist you with your integration with our partner network. Please get in touch if you need integration support from us.
6. User Specific Features and Functionality
We have a standard service that is offered to all our clients. All features and functions of current version will be available to you. We will not develop and launch specific features and functionality based on your request. However, all such requests will be considered for the development road map and may be available to you in future versions.
7. Access and Security of Your Data
8. Intellectual Property Rights
8.1 Who Owns Linear Squared Materials?
Linear Squared Materials refer to all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on the Linear Squared Services produced by Linear Squared.
You acknowledge that Linear Squared Materials contain proprietary content that is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark, patent, trade secret and confidential information. Any unauthorized use of the Linear Squared Materials may violate such laws and this Terms of Service.
The trademarks, logos and service marks, whether or not registered, (collectively, the “Marks”) displayed on the Linear Squared Services are the property of Linear Squared or other third parties. You are not permitted to use the Marks without the prior written consent of Linear Squared or such third party that may own the Marks. Linear Squared, Linear Squared logo, Capacity Squared, Forecast Squared and Inventory Squared are trademarks of Linear Squared.
Linear Squared Services are licensed to you and you agree that no title or ownership to the Linear Squared Services or Linear Squared Materials is granted or transferred to you. There are no implied rights.
(a) Not to copy, republish, frame, download, transmit, modify, adapt, create derivative
works based on, rent, lease, loan, sell, assign, distribute, display, perform, license,
sublicense or otherwise make available to others the Linear Squared Services or
Linear Squared Materials or any parts or components of them.
(b) Not to decompile, reverse engineer or otherwise attempt to derive the source code of the software. For the avoidance of doubt, any copying or redistribution of the software contained in the Linear Squared Services is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis.
(c) Not to copy or distribute any graphics in the Linear Squared Materials apart from their accompanying text.
(d) Not to remove or alter any copyright or other proprietary notices contained in the Linear Squared Services or Linear Squared Materials.
(e) Not to quote or display Linear Squared Materials, or any portions thereof, out of context.
Linear Squared reserves the right to revoke the authorization to view, download and print the Linear Squared Materials available via Linear Squared Services at any time, and any such use shall be discontinued immediately upon notice from Linear Squared.
Any Linear Squared Materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.
8.2 Who Owns the data & information uploaded to services and plans you have created?
Linear Squared does not claim any title or ownership over plans created with Linear Squared Services nor the data and information users upload to the system.
You acknowledge and agree that Linear Squared shall not be liable should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the Terms of Service or other limitations that you may impose on the use of your shared content.
9.1 Do You Guarantee That Linear Squared Services Will Be Accessible at All Times?
In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted Service Level Agreement (SLA) for availability to Linear Squared Services and your data.
That said, high reliability is something we are proud of and something we deliberately chose to compete on. We have developers, system administrators and support staff on call, to look after our services.
We monitor Linear Squared Services closely and have set up automated alarms to be notified when a Linear Squared Service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.
You acknowledge and agree that Linear Squared shall not be liable for any failure to store your materials on Linear Squared Service at any time.
10. Play Nice Clauses
10.1 Use of Linear Squared Services
You agree that you shall not:
- Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Linear Squared Service server, whether through hacking, password mining or any other means.
- Access or attempt to access any material that you are not authorized to access.
- Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
- Upload or otherwise use in any manner any materials in violation of any laws or rights of third parties, including any intellectual property rights and the protection of personal data.
- Disrupt or interfere with the security of, or otherwise cause harm to, Linear Squared Services, Linear Squared Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Linear Squared Services or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any Linear Squared Service account holder or to affiliated e-mail address.
- Post, transmit or otherwise upload any software, programs or files that are harmful or disruptive of another’s device, equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any materials posted by another that you know, or should reasonably know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying Linear Squared Services or other affiliated or linked sites, materials or services.
- Access or use Linear Squared Services in any manner that could damage, disable, overburden or impair any Linear Squared Service server or the network(s) connected to any Linear Squared Service server.
- Violate any applicable laws or regulations related to the access to or use of Linear Squared Services, or engage in any activity prohibited by the Terms of Service.
- Prepare, compile, use, download or otherwise copy any Linear Squared Service user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Post, upload or otherwise make available any content or communication that is threatening, abusive or insulting or causes harassment, alarm or distress to another user.
- Use any Linear Squared or Linear Squared Service domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless you have been granted express permission in writing to do so by Linear Squared.
Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Linear Squared offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Linear Squared Materials, the Linear Squared Services or another third-party service. You agree that you will not hold Linear Squared responsible or liable with respect to the third-party services.
10.2 Special Treatment for Spammers
In the event of your or others’ access to or use of a Linear Squared Service or Materials in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that Linear Squared would be irreparably harmed thereunder and that damages would be an insufficient and inadequate remedy; therefore you agree that Linear Squared is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Linear Squared may without restriction block, filter or delete unsolicited e-mail.
10.3 Subdomain Squatting
For Linear Squared Services that allow you to specify a subdomain, you may not engage in subdomain squatting. Linear Squared Service accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be subdomain squatting are:
- the number of Linear Squared Service accounts created
- creating Linear Squared Service accounts for the purpose of preventing others from using those account names
- creating Linear Squared Service accounts for the purpose of selling those accounts
Attempts to sell, buy, or solicit other forms of payment in exchange for Linear Squared Service subdomains are also violations and may result in permanent account suspension.
11. Restriction and Termination of Use
Without prejudice to any of Linear Squared’s other rights, in the event that you breach any of the terms and conditions in this Terms of Service, Linear Squared may terminate your right to access or use the Linear Squared Services immediately upon written notice being given to you.
Upon termination, you must immediately destroy all materials downloaded or printed from the Linear Squared Services in violation of the Terms of Service.
We may block, restrict, disable, suspend or terminate your access to all or part of the Linear Squared Services at any time in our sole discretion, without prior notice or liability to you.
If you think we removed your access by mistake, get in touch and we’ll give you our reasoning.
12. Notification of Copyright Infringement
Linear Squared will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Linear Squared will investigate notices of copyright infringement and take appropriate actions under Part IXA of Singapore’s Copyright Act (Cap 63, 2006 Rev Ed).
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on a Linear Squared Service or on sites referred or linked to from Linear Squared Services or has been stored, at the direction of a user on a Linear Squared Service, please provide written notification of claimed copyright infringement to the designated agent for Linear Squared, which must contain the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on Linear Squared Service;
- Information sufficient to permit Linear Squared to contact you, such as your physical address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
13. Warranties and Disclaimers
The Linear Squared Services and Linear Squared Materials are provided by Linear Squared under these Terms of Service on a “as is” and “as available” basis. Linear Squared disclaims all warranties of any kind, to the fullest extent possible under the applicable law, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, lack of viruses, availability, accuracy, quiet enjoyment or non-infringement of third-party rights. No oral or written information or advice given by Linear Squared or its authorized representative or via the Linear Squared Services or Linear Squared Materials shall create a warranty. Without limiting the foregoing, Linear Squared makes no warranty that:
1. Linear Squared Services and Linear Squared Materials will meet your requirements;
2. Linear Squared Services and Linear Squared Materials will be uninterrupted, timely, secure, or error-free;
3. the results that may be obtained from the use of Linear Squared Services and Linear Squared Materials will be effective, accurate, reliable or otherwise allow you to achieve your intended results;
4. the quality of any Linear Squared Services or Linear Squared Materials purchased or accessible by you will meet your expectations; and
5. any errors or defects in Linear Squared Services and Linear Squared Materials will be corrected.
Linear Squared Services and Linear Squared Materials may include technical or other mistakes, inaccuracies, or typographical errors. Linear Squared may make changes to Linear Squared Materials and Linear Squared Services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. Linear Squared Services and Linear Squared Materials may be out of date, and Linear Squared makes no commitment to update the Materials and Services.
You acknowledge and agree that:
- Linear Squared does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
- Linear Squared makes no representations or warranties whatsoever about any such third parties, their materials or services;
- any dealings you may have with such third parties are at your own risk; and
- Linear Squared shall not be liable or responsible for any Materials or Services offered by third parties.
Linear Squared does not control or endorse the materials found in any Service and specifically disclaims any liability with regard to the Services and any actions resulting from your use of Linear Squared Services and Linear Squared Materials and participation in any Services.
You agree to indemnify and hold Linear Squared and its officers, directors, employees, co- branders, affiliates, subsidiaries and other partners harmless from any claim, loss or demand, including reasonable legal expenses, made by any third party due to or arising out of:
1. your user materials and any other content (e.g. computer viruses) that you may
submit, post to or transmit through Linear Squared Services, including a third party’s
use of such user materials or content (e.g. reliance on the accuracy, completeness or
usefulness of your user materials);
2. your access to or use of Linear Squared Services (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Linear Squared Services);
3. your connection to Linear Squared Services;
4. your violation of the Terms of Service;
5. the actions of any member of your work group, including non-logged in users you have granted access to the Linear Squared Services you are an Owner for;
6. your infringement of any third party’s intellectual property rights when using any of the software made available on Linear Squared Services;
7. your violation of any rights of any third party;
8. your access to or use of linked sites and your connections thereto; or
15. Limitation of Liability
The use Linear Squared Services, Linear Squared Materials or the downloading or other use of any materials is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Linear Squared assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any Services or Materials. Linear Squared will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any Services or materials, either with or without your knowledge.
In no event shall Linear Squared, its officers, directors, employees, co-branders, affiliates, subsidiaries, other partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Linear Squared has been advised of the possibility of such damages or losses, whether in contract, tort, including negligence under statute or otherwise, or any other claim arising out of or in connection with:
1. the access or use of or the inability to access or use Linear Squared Services or Linear
2. the statements or actions of any third party on or via the Services or Materials;
3. any dealings with vendors or other third parties;
4. any unauthorized access to or alteration of your transmissions, user materials or other data;
5. any information that is sent or received or not sent or received;
6. any failure to store or loss of data, files, materials or other content;
7. any Services available that are delayed or interrupted;
8. any web site referenced or linked to from the Services; or
9. your access to or use of or inability to access or use any linked site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
16. International Users
Linear Squared Services can be accessed from countries around the world and may contain references to Linear Squared Services, its products and programs that are not available in your country. These references do not imply that Linear Squared intends to announce such services, products or programs in your country. The Services are controlled, operated and administered by Linear Squared and its affiliates from their offices within Singapore and Sri Lanka. Access to the Linear Squared Services from territories where the Linear Squared Services or Linear Squared Materials are illegal is prohibited. If you access the Linear Squared Services from a location outside Singapore, you are responsible for compliance with all local laws.
17. Governing Law and Jurisdiction
By accessing Linear Squared Services, you agree that all matters relating to your access to, or use of, Linear Squared Services shall be governed by be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to principles of conflict of laws. The parties specifically disclaim the application of the U.N. Convention on Contracts for the International Sale of Goods in whole. You also agree and hereby submit to the exclusive jurisdiction of the Singapore courts.
The Terms of Service and other rules, guidelines, licenses and disclaimers posted via Linear Squared Services or in connection with the Materials and Services constitute the entire agreement between Linear Squared and you with respect to your access to or use of Linear Squared Services and Materials superseding any prior agreements, arrangements and undertakings between you and Linear Squared on such subject matter (including any prior versions of the Terms of Service).
Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and Linear Squared regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Linear Squared Services, third party content or third party software.
If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, invalid or illegal, that provision shall be amended in such reasonable manner as achieves the intention of the Parties or at the discretion of Linear Squared it may be severed from this Terms of Service and the remaining provisions of this Terms of Service shall remain in full force and effect.
No forbearance, delay or indulgence by Linear Squared to enforce or exercise any provision of the Terms of Service or related right shall prejudice or restrict the rights of Linear Squared nor shall any waiver of its rights operate as a waiver of any subsequent breach. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.