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lilo Plus Subscription Agreement

This Agreement relates only to lilo Plus subscription provided by FILMETRICS CORPORATION and shall be in effect from and after the actual activation of the system.

 

By subscribing to lilo Plus services (the “Services”) provided by Filmetrics Corporation in relation with lilo Plus System (the “Software”), hosted on Cloud platform you (the “Customer”) are agreeing to be bound by the following terms and conditions (the “Agreement”).

1. Subscription Terms

 

     a. Subscription: The subscription to the product provides access to lilo Plus on a subscription basis for a

        specified term.

 

     b. Term: The term of the subscription will be specified based on the number of months, contracted. The       

         subscription will automatically renew for successive terms unless terminated by either party in  accordance

         with these Terms and Conditions.

 

     c. Payment: You agree to pay the subscription fee for lilo Plus equivalent to the number of months, contract.

         The subscription fee is non-refundable.

2. Use of lilo Plus Subscription Service

 

     a. Access: You are granted a limited, non-exclusive, non-transferable access and use of lilo Plus during the 

         term of your subscription.

            

     b. Restrictions: You may not copy, modify, distribute, sell, or lease any portion of product. You may not reverse

         engineer, decompile, or disassemble the product or attempt to discover any source code or underlying ideas

         or algorithms of lilo Plus subscription service.

           

     c .User Content: You are responsible for all content that you upload, post, email, or otherwise transmit to   or

         through lilo Plus subscription service. You warrant that you have all necessary rights to such  content and that

         the use of such content by lilo Plus subscription service will not infringe any third party rights.

     d. Onboarding: Includes 4 hours of training and open discussion. Filmetrics will offer dedicated 1hour daily

         Hypercare Support to Customers valid for one week after the onboarding session. This support must be

         scheduled in advance and cancellation must be done with 1 day notice. 

     e. Support: lilo Plus subscription service includes technical support during the term of your subscription.     

         Service desk hotline, chat, email and remote access support are provided for system

          issues encounter by customers from Monday to Friday except holidays from 7am to 7pm.

     

     f.  Hosting: The system is cloud base and access is not dedicated to client. System response will be based  on

         the load of the system and connection of the user.

            

     g. Updates and Maintenance: Filmetrics Corporation may conduct occasional product updates and

         maintenance for the duration of a pre-determined window. During this time, possible downtime may occur

         due to maintenance and upgrades of the system.

             

     h. Warranty: lilo Plus is provided “As Is”, the product is warranted against bugs and other software glitches

        during the subscription period.

           

     i. Customization: Filmetrics Corporation reserves the right to accept or reject requests for customization.  

        Furthermore, customization will incur corresponding fees at specified rate. Customized version will no longer

        be possible to shared hosting.  A separate instance and dedicated connection will be created.

3. Customer Obligation

 

     a.  Pay Filmetrics the applicable charges for the Services of the present Agreement, in accordance  with the

          payment conditions specified at the signature of this contract.

 

     b.  If you intend to cancel our service, kindly provide Filmetrics with advance notice before your due date.

          Failure to do so will result in an automatic renewal of your subscription for the following month.

 

     c.  Agree to provide a primary point of contact to facilitate all communication with Filmetrics. This person will     

          also have authority to make decisions related to the services provided by Filmetrics Corporation on behalf of

          the client.

 

     d.  Provide written notice to Filmetrics 30 days before changing their main point of contact to work with.

 

     e. Take all reasonable measures to keep their user accounts secure, by choosing a strong password and not

         sharing it with anyone else.

 

     f.  Acknowledges and agrees that Filmetrics is permitted to acquire personal information about the company’s

          employees and authorized representative in connection with the use of lilo Plus. Said information will be

          kept confidential and secure and shall not be used without the express consent of the data subject.

4. Confidentiality

                 

Definition of “Confidential Information”:

Each party agrees to keep confidential all information disclosed to it by the other party that is designated in writing as confidential or that reasonably should be considered confidential given the nature of the information and the circumstances surrounding its disclosure (the “Confidential Information”).

The receiving party shall not use or disclose any Confidential Information of the disclosing party for any purpose outside the scope of this Agreement, except with the disclosing party's prior written permission. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information. If the receiving party is compelled by law to disclose Confidential Information of the disclosing party, it shall provide the disclosing party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party wishes to contest the disclosure.

 

The parties acknowledge that the Confidential Information may include personal data, as defined by  Republic Act No. 10173, also known as the Data Privacy Act of 2012 (“DPA”), and that they shall comply with the provisions of the DPA and all other relevant data privacy laws and regulations in the collection, use, processing, and storage of such personal data. The parties shall implement appropriate technical,  organizational, and physical measures to ensure the security and confidentiality of the personal data and to prevent unauthorized access, disclosure, or processing."

 

5. Data Protection

     a. Definition of Personal Data: For the purposes of this clause, "Personal Data" refers to any information that can

         be used to identify an individual, including but not limited to full name, ID number, photo, email address,

         contact number, company name and address.

     b. Collection of Personal Data: We will collect Personal Data from you when you register to lilo Plus subscription

          service. We may also collect Personal Data from other sources with your consent or where permitted by law.

 

     c. Use of Personal Data: We will use your Personal Data to provide you with our product and to improve our

         services.

 

     d. Disclosure of Personal Data: We may disclose your Personal Data where required by law or where necessary

     to protect our rights, property, or safety.

 

     e. Data Security: We will take reasonable steps to protect your Personal Data from unauthorized access, use, or

         disclosure. We will use industry-standard encryption and other security measures to protect your Personal

         Data.

 

     f.   Retention of Personal Data: We will retain your Personal Data for as long as necessary to provide you with

          our product and to comply with our legal obligations. We will also retain your Personal Data for a  reasonable

          period after you cease using our services in order to maintain our records.

 

     g. Changes to this Clause: We may amend this data protection clause from time to time to reflect changes our

         practices or for legal reasons. We will provide you with notice of any changes and obtain your consent if

         required by law.

6. Limitation of Liability

In no event shall we be liable for any indirect, special, incidental, consequential or exemplary damages  arising out or in connection with lilo Plus Subscription Service, including without limitation, damages for loss  of profit, loss of data, business interruption , or any other commercial damages or losses even if we have been advised of the possibility thereof.

 

   

7. Governing Law and Jurisdiction

 

This Clause shall be governed by and construed in accordance with Philippine law. Any dispute arising out of or in connection with this Clause shall be submitted to the exclusive jurisdiction of the courts of the Philippines.

 

8. Entire Agreement

 

These Terms and Conditions constitute the entire agreement between you and us with respect to the lilo Plus subscription service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to the lilo Plus subscription service.


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