Terms and Conditions
1. Terms of Service
These guidelines apply solely to authorized users of BDS Analytics, Inc. (BDSA) for legitimate business use. Unauthorized access, usage, or alteration of this system is strictly forbidden by BDSA. Violators may face disciplinary action as well as civil or criminal penalties under applicable laws. This system usage may be monitored and recorded for administrative and security reasons. By using this system, users consent to such monitoring; if it uncovers possible criminal activity, evidence may be provided to law enforcement authorities.
2. Access to BDSA Data and Tools
BDSA grants its clients a non-exclusive, nontransferable, and non-sublicensable right to access and use the Service for the specified number of authorized users, exclusively for internal business purposes during the term of their agreement with BDSA.
3. Service Term and Termination
BDSA has the right to terminate service access immediately if a client violates these Terms and Conditions. Upon termination, clients must stop using the Service, return any materials or confidential information, with Sections 3 through 6 surviving termination. In case of termination not due to material breach, or upon agreement expiration, data or reports generated before termination can still be used internally in compliance with these terms. For violations of terms, conditions, or applicable laws, or when there’s a risk of harm to the service, BDSA can suspend access at its discretion.
4. Retention of Ownership
BDSA and its licensors own all rights to the Service, including its software, documentation, reports, data, information, and associated intellectual property (BDSA IP), which remain BDSA's exclusive property. Clients are responsible for actions under their accounts and will limit Service access to authorized users, complying with applicable laws. They shall not modify the BDSA IP or allow its use by third parties, reverse engineer its source code, interfere with the Service operations, obscure BDSA notices, or use the BDSA IP beyond what is expressly permitted in the Agreement. Without BDSA’s written consent, no part of BDSA IP may be disclosed in legal proceedings, publicly disseminated, or used in direct competition with BDSA.
5. Confidential Information
BDSA’s Services and BDS IP are recognized by clients as confidential. "Confidential Information" refers to proprietary or confidential details regarding business operations, plans, technology, pricing, and methods. Both parties agree to keep such information confidential and not for unauthorized use. These confidentiality obligations do not apply to information already lawfully known or available to the public. Disclosing parties hold the right to seek equitable relief for breaches without posting bond.
6. Data Disclosure Requirements for External Use
Any advertising or public support requiring mention of BDSA names or services needs prior written approval from BDSA. All public materials, including press releases that reference survey and research data, must be approved by BDSA.