TIKI provides the following sample User Data License Agreement (UDLA) as a starting point. Always review with YOUR legal counsel before deploying to production.
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User Data License Agreement
This is an agreement between you, the "User" and [company name], the "Company", the licensor. The agreement, the User Data License Agreement ("UDLA"), sets out both parties rights and obligations in respect to the licensing and use of the data referred to within.
The terms of the UDLA are relevant for and apply only to those Users and licensors who have elected to participate in the data licensing program detailed within this agreement. The terms and conditions of this agreement are to be read as a whole, and each clause is deemed essential to the agreement.
Your participation in this data licensing program is voluntary and will not affect your rights as a consumer or customer of our products and services in any way.
1. Data Use
By participating in the Company’s data licensing program, you, the User, are granting us, the Company, the right to use and share certain data about you ("Shared Information") with the carefully selected partners and customers as described in this Section. In exchange for you granting us this right, we agree to compensate you as described in Section 3.
In addition, we contractually require any selected partners and customers receiving your Shared Information to not further share, disclose, or use it for any other purpose than the purposes described in this Section.
A. Shared Information
The following table details the types of data collected ("Collected Data"), the purposes for which the data may be utilized ("Use Cases"), and optionally where the data may be stored or processed ("Destinations" ). In aggregate, this data is the Shared Information.
Below is a sample table for a mobile games vendor for illustrative purposes only.
|Collected Data||Use Cases||Destination|
Description: Your data will be used to extract insights and signals to determine the actions that led to a game outcome or purchase, including but not limited to segmentation and predictive modeling.
We, the Company, agree to compensate you, the User, with the compensation described below for granting us a license to use your Shared Information listed in Section 1.A.
Any changes in compensation require a new agreement. This will have the effect of cancelling and voiding this and any earlier agreements or licenses.
Below is a sample offer for illustrative purposes only.
We, Acme Inc., agree to compensate you, the User, for granting us a license to use your Shared Information in exchange for a five per cent discount on purchases at www.acme.com for the duration of the agreement.
The license is for a period of twelve months and may be renewed by agreement to a new Shared Information program offer at the end of this period.
If an opt-out or termination occurs, the discount will cease immediately on the termination date. Refer to Section 5 for additional termination details.
This offer is contingent upon you the User, providing reasonable access to the Shared Information through the use of one or more of our products and services. Failure to do so, or attempts to mask, obfuscate, or manipulate the Shared Information may terminate this agreement.
3. Privacy and Confidentiality
While most Shared Information is not Personally Identifiable Information, it may include information about your account (such as user ids or email address) and information about your computer or device (such as IP address or operating system). Refer Section 1.A for specifics.
Unless otherwise specified under Section 2, this agreement to license your Shared Information will be considered perpetual.
Any amendments or alterations to this agreement will render it void. If the Company wishes to change, amend or alter the agreement in any way, the Company will notify you, the User of the new offer. This subsequent offer and, if you accept it, the new UDLA will replace any and all earlier UDLAs between you, the User and the Company.
The Company may decide to terminate the agreement at any time, for any reason, by notifying the you, the User of their intention to terminate.
A. User Opt Out
You, the User, may choose to opt out of this program at any time, by selecting the opt-out button within the application. The choice to do so will have no impact on any other services the Company provide you and the Company will not hold it against you in any way.
Upon receiving your opt-out notice, the Company will stop all future collection of Shared Information as described in Section 1.A as soon as possible. The Company may continue to use Shared Information licensed prior to the opt-out.
6. Governing Law
The governing law of this agreement [insert jurisdiction or address], where the company is located or headquartered.
7. Data Ownership
You, the User, agree that the Shared Information is your data, you are the legal owner, and that you are allowed to share such data.
You cannot participate in the program if you are underage. If this is the case, the agreement will be immediately rendered void.
8. Limitation of Liability
Each party’s liability to the other parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to, or arising from any act or omission in its performance of this agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any party be liable to the other parties for any indirect, special, consequential, or punitive damages.
9. Third-Party Indemnity
You, the User, and the Company agree to defend, indemnify, and hold harmless Tiki Inc., and its directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorneys fees, resulting from or arising out of (i) the Services provided under this Agreement actually or allegedly infringing or violating any patents, copyrights, trade secrets, licenses, or other intellectual property rights of a third-party; (ii) any breach of the Company’s representations and warranties in this Agreement; or (iii) The Company’s failure to comply with the Company’s obligations under any and all laws, rules or regulations applicable to the Company or the Services provided under this Agreement.
Updated about 2 months ago