LangChain

" Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them. We may use third party tools to assist with capturing online activity data. Email Open/Click Information. We may use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email that we may send to you."

" We may use both persistent cookies and session cookies. Persistent cookies stay on your device for a set period of time or until you delete them, while session cookies are deleted once you close your web browser. The cookies placed through your use of our website are either set by us (first-party cookies) or by a third party at our request (third-party cookies). We may also allow our advertising partners to collect this information through our website."

" Note that because these opt out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use. Do Not Track. Some Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.co"

" We may retain your personal information for as long as it is reasonably needed in order to maintain and expand our relationship and provide you with our services; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of such information, the potential risk of harm from unauthorized use or disclosure of such information, the purposes for which we process it, and the applicable legal requirements.  "

" (A) Data Export. During a Subscription Term or within thirty (30) days thereafter upon Customer's written request (subject to Customer's configured retention period), Customer may export Customer Data from Cloud Deployments as described in the Documentation. The thirty (30) day post-termination export right does not apply to No Charge Access."

" Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use."

" 8.1 Limitation of Liability.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY (A) ARISING FROM EITHER PARTY’S INTENTIONAL MISUSE OF THE OTHER PARTY’S CONFIDENTIAL INFORMATION, (B) ARISING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, OR (C) RESULTING FROM EITHER PARTY’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE TO LANGCHAIN UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE PARTIES AGREE THAT THIS LIMITATION REPRESENTS AN AGREED ALLOCATION OF RISK AND REFLECTS THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS AGREEMENT, AND APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE. 8.2 Damages Exclusion . IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW."

" Provide, operate, maintain, secure and improve our Services. Provide information about our Services. Communicate with you about our Services, including by sending you announcements, updates, security alerts, and support and administrative messages. Respond to your requests, questions and feedback. Marketing and advertising. We may from time-to-time send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email. You may opt out of our marketing communications as described in the “ Opt out of marketing communications ” section below. For research and development. We may use your personal information for research and development purposes, including to analyze and improve our Services and our business. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and promote our business. Compliance and protection. We may use personal information to: Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities. Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims). "

" Cookies , which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising. Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications. Web beacons , also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked. For additional details, please see our Cookie Policy below."

" Blocking advertising ID use in your mobile settings. Your mobile device settings can provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. Using privacy plug-ins or browsers . You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave , or installing browser plugins like Privacy Badger , Ghostery , or uBlock Origin , and configuring them to block third party cookies/trackers. Platform opt-outs . Some advertising companies offer opt-out features that let you opt out of use of your information for interest-based advertising, including: Google "

" We may use the following categories of cookies: Strictly Necessary Cookies: These cookies are necessary for the Services to function and cannot be switched off in our systems. They allow us to enable security, prevent fraud and debug the Services and are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but then some parts of the Services will not work. Functional Cookies. These cookies are used to recognize you when you return to our Services or to enable the Services to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of the Services may not function properly. Analytics Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Services. They help us to know which pages are the most and least popular and see how visitors move around the Services. All information these cookies collect is aggregated. If you do not allow these cookies we will not know when you have visited our Services and will not be able to monitor its performance. "

" Account information:  When you create an account to use the Services, we collect information such as your email address, password, and other similar account registration information. Payment Information: If you are using a paid version of the Services, you may need to provide us with payment information, such as credit card information, banking information, or a billing address. We may use third-party payment providers to process payments on the Services.  In particular, credit card information is stored and processed by our payment providers on our behalf. Business Contact Information: If you are a representative of one of our actual or prospective customers, suppliers or business partners, we may collect personal information about you (such as your name, contact details and role) when entering into an agreement with your company or otherwise during the course of our relationship with your company.   Feedback or correspondence , such as information you provide when you contact us with questions, feedback, reviews, or otherwise correspond with us online. Usage information, such as information about how you use the Services and interact with us. Marketing information , such as your preferences for receiving communications about our activities, services, newsletters, and publications, and details about how you engage with our communications. Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection. "

" When you visit the careers portion of our website, we collect personal information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics. We may also use and share this information to provide improved administration of the website, and as otherwise necessary: (a) to comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to protect and defend the rights or property of us or others; or (c ) in connection with a legal investigation."

"Customer will defend LangChain from and against any third-party claim to the extent resulting from Customer Data, when used by LangChain as authorized in this Agreement, including allegations that Customer Data infringes a third party’s patent, copyright, trademark or trade secret rights, and will indemnify and hold harmless LangChain against any damages or costs awarded against LangChain (including reasonable attorneys’ fees) or agreed to in settlement by Customer resulting from the claim. The foregoing obligation does not apply to the extent the claim arises from LangChain's unauthorized modification or non-compliant use of Customer Data under this Agreement. 7.3 Procedures. The indemnifying party’s obligations in this Section 7 are subject to receiving (a) prompt notice of the claim, (b) the exclusive right to control and direct the investigation, defense, and settlement of the claim, and (c) all reasonably necessary cooperation of the indemnified party, at the indemnifying party’s expense. The indemnifying party may not settle any claim without the indemnified party’s prior consent if the settlement would require the indemnified party to admit fault or take or refrain from taking any action (other than relating to use of the LangSmith Platform, when LangChain is the indemnifying party). The indemnified party may participate in a claim with its own counsel at its own expense. 7.4 Exclusive Remedy. This Section 7 sets out each party’s exclusive remedy and the other party’s entire liability regarding infringement of third-party intellectual property rights."

" 6.1 General Warranty.  Each party represents and warrants that it has the authority to enter into this Agreement and perform its obligations hereunder.  6.2 LangChain Limited Warranties. LangChain warrants that the LangSmith Platform will perform materially in accordance with the applicable Documentation during the applicable Subscription Term. Customer’s sole and exclusive remedy, and LangChain’s entire liability, for any breach of the foregoing warranty is for LangChain to use commercially reasonable efforts to correct the nonconformity. If LangChain is unable to do so within a commercially reasonable period, Customer may terminate the affected Order Form and LangChain will refund any prepaid, unused Subscription Fees for the terminated portion of the Subscription Term. With respect to Services, LangChain warrants only that the Services will be performed in a professional manner consistent with generally accepted industry standards. Customer must notify LangChain in writing of any warranty claim within thirty (30) days of delivery of the relevant Services. Customer’s exclusive remedy for breach of this warranty is re-performance of the non-conforming Services. 6.3 Disclaimers. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE LANGSMITH PLATFORM AND SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  LANGCHAIN DOES NOT WARRANT THAT THE LANGSMITH PLATFORM WILL BE ACCURATE, COMPLETE, ERROR-FREE OR UNINTERRUPTED, MEET CUSTOMER’S REQUIREMENTS, OR PREVENT UNAUTHORIZED THIRD-PARTY ACCESS TO CUSTOMER DATA."

" Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate our Services (such as lawyers, bankers, auditors, insurers, and providers that assist with hosting, analytics, email delivery, marketing, and database management). Authorities and others. We may disclose your personal information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. Business transfers. We may transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy. Affiliates: We may share personal information with our current and future affiliates, meaning an entity that controls, is controlled by, or is under common control with us. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy."

" We are headquartered in the United States. To provide and operate our services, it is necessary for us to process your personal information in the United States. If we transfer personal information across borders such that we are required to apply appropriate safeguards to personal information under applicable data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied."