Effective Date: August, 2025
This End User License Agreement ("EULA") is a legally binding contract between Caresoft Technologies, Inc., and its affiliated entities operating in North America (NA), the United Kingdom (UK), the European Union (EU), the Middle East, and the Asia-Pacific (APAC) regions (collectively, "Caresoft," "we," "us," or "our"), with its principal place of business at 31770 Enterprise Dr, Livonia, MI 48150, USA, and you, the individual or entity accessing the Iceberg Benchmarking Platform ("you," "your," or "Licensee"). By accessing or using the Iceberg Benchmarking Platform (the "Platform" or the “Service”), you agree to be bound by this EULA and the Acceptable Use Policy ("AUP"), available in the Platform. If you do not agree, you must immediately cease all use of the Platform.
1. License Grant
Caresoft grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform, including its proprietary datasets (e.g., vehicle teardown data, 3D scans, point cloud data, cost estimations, digital twins) and software, solely for internal business purposes related to automotive benchmarking, as permitted by your Subscription Agreement. This license is granted to Authorized Users designated in the Subscription Agreement and is subject to compliance with this EULA, the AUP, and the Terms and Conditions.
2. Restrictions
You shall comply with the AUP, which prohibits unauthorized copying, distribution, competitive use, reverse-engineering, and use of Platform data in AI tools or Large Language Models (LLMs) without Caresoft’s prior written consent. You shall not exceed usage limits outlined in the AUP’s Fair Use Clause or engage in activities that disrupt the Platform or violate applicable laws.
3. Intellectual Property
Caresoft owns all rights, title, and interest in the Platform, its software, and data, protected by intellectual property laws worldwide. You retain ownership of content you upload ("Licensee Content") but grant Caresoft a royalty-free license to use it to provide the Platform. Feedback you provide may be used by Caresoft without restriction.
4. Disclaimer
The Platform and its data are provided "as-is" without warranties of accuracy, completeness, or fitness for a particular purpose. You are responsible for verifying data suitability.
5. Limitation of Liability
Caresoft’s liability is limited to the fees paid by you in the 12 months preceding any claim. We are not liable for indirect, incidental, or consequential damages.
6. Termination
Caresoft may terminate your license for breach of this EULA, the AUP, or the Subscription Agreement. Upon termination, you must cease using the Platform and destroy all data within 10 days.
7. Governing Law
This EULA is governed by Michigan law, except where the applicable Caresoft entity’s jurisdiction (NA, UK, EU, Middle East, APAC) requires additional compliance, as specified in the Subscription Agreement. Disputes shall be resolved through arbitration in the State of Michigan, unless otherwise required or agreed.