This Addendum forms part of, and is incorporated by reference into, the Smarterlift Terms of Service. By accepting those Terms you accept this Addendum. Where this Addendum and the Terms of Service conflict on the subject matter below, this Addendum controls. Capitalised terms not defined here have the meanings given in the Terms of Service.
As between the parties, Customer owns all data, records, and content submitted to the Services by Customer or its Authorized Users, including work orders, maintenance records, photographs, signatures, and customer lists ("Customer Data").
Customer grants Smarterlift a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, and display Customer Data solely as necessary to (a) provide and maintain the Services, (b) prevent or address service or technical problems, and (c) comply with law.
Customer agrees that Smarterlift may create, use, and retain data derived from Customer Data and from use of the Services that has been aggregated with other data and/or de-identified such that it does not identify Customer, any individual, or any Customer end client ("Aggregated Data"), for any lawful business purpose during and after the term, including operating and improving the Services, developing new features, benchmarking, statistical analysis, and training analytical or machine-learning models. Aggregated Data is owned by Smarterlift.
Smarterlift will never sell or disclose Customer Data itself, or any data identifying Customer or its end clients, except as set out in the Terms of Service or this Addendum.
Suggestions or feedback about the Services may be used by Smarterlift without restriction or obligation.
Sections 3 and 4 survive termination of the Terms of Service. On termination, Customer may export Customer Data as provided in the Terms of Service. Deletion obligations apply to Customer Data; they do not apply to Aggregated Data, which by definition no longer identifies Customer, any individual, or any Customer end client.