1. Preamble
For the purposes of this Terms of Service(“Agreement”), “KDAN” or “we” shall refer to KDAN Mobile Software Ltd., KDAN Mobile Software America Inc., KDAN Japan Ltd., KDAN Singapore Pte Ltd. or PDF Technologies Ltd. that has entered into this Agreement with users (“you”, “Users”) located in the corresponding region (hereinafter referred to as ‘you’ or the ‘Users’).
By using LynxOffice, the office suite for Mac provided by KDAN, including its command line tool, its MCP server, and its services and features (collectively the “LynxOffice Services”), Users are agreeing that the Agreement will apply and that you are bound by them.
Users must meet the age restrictions of the region in which he or she is located in order to use LynxOffice Services. If Users are minors or have limited legal capacity in their region, they must obtain permission from their parents or legal guardians to use the LynxOffice Services and accept this agreement. For Users without legal capacity, in addition to obtaining permission from their parents or legal guardians, the LynxOffice Services must be used and this agreement must be accepted by the legal guardian on their behalf.
2. Governing Law and Contracting Entity
Users agree to comply with the applicable laws of the region where Users are located when using the LynxOffice Services. We will, depending on Users’ region, designate the contracting entity with whom Users are deemed to have reached this Agreement as follows:
(1) If Users are located in the Americas (including but not limited to the United States and its territories, Canada, Mexico, Brazil, Argentina, Peru, etc.), the contracting entity shall be KDAN Mobile Software America Inc., and both parties agree that the governing law shall be the laws of the State of California, United States, excluding the application of any conflicting laws.
(2) If Users are located in Japan (including Okinawa, Ishigaki Island, etc.), the contracting entity shall be KDAN Japan Ltd., and both parties agree that the governing law shall be the laws of Japan, excluding the application of any conflicting laws.
(3) If Users are located in the United Kingdom, European Union or Southeast Asia (including but not limited to Singapore, Thailand, Vietnam, Malaysia, Indonesia, etc.), the contracting entity shall be KDAN Singapore Pte Ltd., and both parties agree that the governing law shall be the laws of Singapore, excluding the application of any conflicting laws.
(4) If Users are located in Taiwan (including Penghu, Kinmen, Matsu, etc.), the contracting entity shall be KDAN Mobile Software Ltd., and both parties agree that the governing law shall be the laws of the Republic of China (Taiwan), excluding the application of any conflicting laws.
(5) If Users are located in the People’s Republic of China, the contracting entity shall be PDF Technologies Ltd., and both parties agree that the governing law shall be the laws of the People’s Republic of China, excluding the application of any conflicting laws.
(6) If Users are located in any region other than those listed above, the contracting entity shall be KDAN Mobile Software Ltd., and both parties agree that the governing law shall be the laws of Singapore, excluding the application of any conflicting laws.
3. Services and Licenses
(3.1) Users must obtain the LynxOffice Services from the Mac App Store, from KDAN’s official channels (such as its Homebrew tap for the command line tool and MCP server), or by other legal means authorized by KDAN.
(3.2) The LynxOffice Services are licensed, not sold. KDAN and its licensors own the LynxOffice Services and all rights in them. Subject to this Agreement, KDAN grants you a personal, non-exclusive, non-transferable license to use the LynxOffice Services on Apple-branded computers that you own or control. Without the prior consent of KDAN, you may not sublicense or transfer the LynxOffice Services to any third party.
(3.3) If you get LynxOffice from the Mac App Store, your use of it is also subject to the Apple Media Services Terms and Conditions, including Apple’s Licensed Application End User License Agreement.
KDAN reserves the right to modify, update, or terminate the LynxOffice Services (including any part or feature of it) at any time, without holding responsible for any liability to you or any other party. Yet, KDAN will provide reasonable notice in advance. If KDAN completely terminates the LynxOffice Services, KDAN will also make reasonable commercial efforts to allow you a reasonable time to transfer your content and information.After the modifications, updates, or termination of the LynxOffice Services, KDAN will no longer provide technical support and security updates on it. Please note that the cessation of technical support and security updates by KDAN will not affect the usability of KDAN products; however, the compatibility of the application (e.g., hardware, operating system matching) may be impacted.
4. Purchases and Refunds
If you buy LynxOffice, or anything within it, from the Mac App Store, Apple processes the payment, and refunds are handled by Apple under its own policies. You can request a refund at https://reportaproblem.apple.com. KDAN cannot issue refunds for purchases made through the Mac App Store.
Once Users get a refund, Users shall be solely responsible for backing up their files. KDAN shall not be held responsible for any loss, recovery, or damage to files under any circumstances.
5. Privacy Policy and Data Security Policy
The LynxOffice Privacy Policy (available on https://lynxoffice.com/privacy-policy/) and Security Policy (available on https://lynxoffice.com/security/)
Any personal data that User supplies to KDAN, and any data obtained by KDAN due to User’s use of LynxOffice Services will be subject to the LynxOffice Privacy Policy and protected according to its Security Policy.
6. Compliance Obligations
Users shall be solely and fully responsible and liable for the content produced by using LynxOffice Services, or for the transmission, upload, reproduction and storage of the files on LynxOffice Services. Users shall warrant that no infringement of a third party’s intellectual property rights or other rights has ever occurred. In no event shall KDAN be responsible or held liable for any of the foregoing deeds performed by User or a third party in relation to the files.
7. Intellectual Property Rights
Users retain copyrights of the works created by using LynxOffice Services.
User represents and warrants that the contents or files created by using LynxOffice Services are:
a. owned by User, or in the event where they are owned by a third party, User has obtained such party’s express permission to use, copy, and transmit the files, or to modify and make derivative works of the files;
b. not in violation of any copyright, trademark, trade secret or other intellectual property rights;
c. not in violation of the privacy or any right of a third party; and
d. not in violation of the law (e.g. obscene, offensive content, etc.), and not in violation of trade secrets or confidential information under an employment agreement or non-disclosure agreement, or involve any situation that may give rise to a violation of law or applicable regulations or policies.
8. User’s Conduct
User warrants that LynxOffice Services "will not" be used for the following inappropriate purposes:
a. to upload, download, email, transmit, store, share, import or otherwise make available any content that is unlawful,tampering, forged, harassing, threatening, harmful, infringing, defamatory, insulting, humiliating, violent, obscene, vulgar, invading the privacy of others, hateful, racially discriminatory or otherwise inappropriate;
b. to stalk, harass, threaten, harm or make injurious falsehood to others;
c. to impersonate as any person or entity, or as a private-sector leader or government official, or to misrepresent one’s affiliation with any person or entity (KDAN reserves the right to reject or block what may be considered as impersonated or false identity, or any account or email address that misappropriates the name or identify of others);
d. to send, transmit, or otherwise make available any unsolicited or unauthorized email message, advertisement, promotional materials junk mail or chain letters, including but not limited to mass commercial advertisement, informational announcements and phishing email ;
e. to upload, email, transmit or otherwise make available any material that contains a virus or any other computer codes, file, or program intended to harm, interfere with or limit the performance of KDAN’s products or services (or any part thereof) or the ordinary operation of any other computer software or hardware; and/or
f. to collect and store the personal information of any other User of LynxOffice Services for any of the prohibited activities above.
9. Modifications
KDAN reserves the right to amend, adjust or modify this Agreement, service, price at any time, along with the right to add new or additional terms or conditions regarding LynxOffice Services. User agrees that User is responsible for reviewing this Agreement on a regular basis. By continuing the use of LynxOffice Services, User is deemed to accept the updated Agreement. If User does not consent to the updated Agreement, please cease using LynxOffice Services.
When this Agreement is updated, we will forthwith publish the updated version on KDAN’s website, and notify User via a KDAN App or email as soon as possible
10. Suspension of Rights
If User is reported of being, or KDAN discovers in a reasonable manner or is notified by a third-party service platform that User is: (1) in breach of the representation and warranty obligations under sections 6 and 7; (2) has engaged in misconduct in breach of section 8; (3) has engaged in abusive conduct as specified below; or (4) has acted in a manner that KDAN reasonably believes to be similar to any of the situations above, KDAN may immediately suspend, in whole or in part, User's right to continue to use LynxOffice Services, and if necessary, terminate the provision of services.
KDAN shall not be liable for any consequential damages of User or a third party that may arise from its termination or suspension of access to LynxOffice Services.
"Abusive conduct" shall include without limitation any conduct that is beyond the scope of reasonable use of LynxOffice Services, including to exploit product or service vulnerabilities, or violate the LynxOffice Services usage rules.
11. Termination
In the event of User’s breach of this Agreement, incurrence of any damages or losses in relation to LynxOffice Services, or any situation where KDAN deems necessary, KDAN may terminate User’s right to use LynxOffice Services without prejudice to its other entitled rights. KDAN shall not be liable for any consequential damages of User or a third party that may arise from such termination.
Upon termination, User must stop using LynxOffice Services. Documents that User created or edited with LynxOffice Services remain on User’s devices.
12. Limitations on Use
Users shall use LynxOffice Services within the scope permitted by this Agreement and applicable laws, regulations, or by the generally accepted practice in the governing jurisdiction.
13. Disclaimer of Warranties
KDAN does not warrant that the use of LynxOffice Services will be uninterrupted or error-free, and User agrees that from time to time KDAN may remove LynxOffice Services for indefinite periods of time or cancel LynxOffice Services in accordance with the terms of this Agreement.
User expressly understands and agrees that KDAN Services are provided on an “as is’ and ‘as available’ basis. KDAN and its branches, subsidiaries, managers, directors, employees, agents, partners or licensors expressly disclaim all warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of rights of others. In particular, KDAN and its branches, subsidiaries, managers, directors, employees, agents, partners or licensors do not warrant that (i) LynxOffice Services will meet your requirements; (ii) the use of LynxOffice Services will be timely, uninterrupted, secure, or error-free; (iii) any information obtained by User from LynxOffice Services will be accurate or reliable, and (iv) any defects or errors in the software provided to User as part of LynxOffice Services will be corrected.
KDAN does not represent or warrant that LynxOffice Services will be free from loss, attack, viruses, interference, hacking or other security intrusions, and KDAN disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of LynxOffice Services is accessed at User’s own discretion and risk, and User shall be solely and fully responsible for any damage to User’s hard drive or loss of computer data that results from the download of any such material. User also acknowledges that LynxOffice Services are not intended to be suitable for use in User’s situation or environment, and if the data or information provided by LynxOffice Services are delayed, erroneous or inaccurate in content, it is possible to cause shutdown, personal injury, or severe physical or environmental damage.
14. Indemnification
User agrees to defend, indemnify and hold KDAN, its branches, subsidiaries, directors, managers, employees, agents, partners, collaborators, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, relating to or arising from: (i) User’s upload, post, transmission of any content, or any other activity available through LynxOffice Services; (ii) the use of LynxOffice Services; (iii) User’s breach of this Agreement; (iv) any action taken by KDAN as part of its investigation, or suspicion that breach of this Agreement has occurred, or (v) breach of any rights of any third party, (iv) User’s breach of the representations or warranties in this Agreement. User shall not sue KDAN, its branches, subsidiaries, directors, officers, employees, agents, partners, collaborators, and licensors on the ground of KDAN’s decision to remove any information or reject processing of any information or content, to send warnings to User, to suspend or terminate User’s access to LynxOffice Services, or to take any other action during the investigation of a suspected breach or as a result of KDAN’s conclusion that breach of this Agreement has occurred. User acknowledges that User shall be responsible for all the use of LynxOffice Services, and that this Agreement applies to any and all usage of User’s account.
User agrees to comply with this Agreement and to defend, indemnify and hold KDAN harmless from and against any and all claims and demands arising from using LynxOffice Services or KDAN accounts, whether or not such use is manipulated by User or a third party.
The foregoing obligations shall survive and remain effective after the termination or expiration of this Agreement or upon User’s cancellation of purchase.
15. Limitation of Liability
To the fullest extent permissible by law, in no event shall KDAN, its branches, subsidiaries, directors, managers, employees, agents, partners, collaborators or licensors be liable to User for any direct, indirect, contingent, specific or consequential damages, including without limitations, the costs arising from use, data, business, goodwill or profits, or procurement of substitute goods or services, or other tangible or intangible losses, which may result from the manipulation of User or a third party, whether it is legally grounded or not, or whether KDAN has been informed of the possibility of the said damages, and whether User may not be entitled to seek damages thereafter. To the fullest extent permissible by law, KDAN’s total amount of compensation arising out of or in relation to this Agreement shall not exceed the greater of (a) the fees paid by User for the relevant LynxOffice Services in the twelve (12) months prior to the incurrence of the damages, or (b) fifty US dollars (US$50).
16. Data Privacy
LynxOffice processes documents on User’s own devices, and KDAN does not receive them. Users are responsible for the personal data contained in the documents they create, open, or share with LynxOffice Services, and for conducting data security and compliance assessments and management in accordance with applicable laws, such as the Personal Data Protection Act and GDPR.
17. Completeness
If any provision of these Terms of Service is deemed invalid or unenforceable by a court or other competent authority, the validity and enforceability of the remaining provisions shall not be affected.
18. Interpretation
KDAN reserves the right of final interpretation regarding matters published on the website.
19. Dispute Resolution
The applicable law under this Agreement and the LynxOffice Services relationship between KDAN and Users shall be governed in accordance with Article 2 of this Agreement. Any disputes arising out of or in connection with the LynxOffice Services or this Agreement shall be submitted to the courts or arbitration institution designated below, depending on Users’ region:
(1) If Users are located in the Americas (including but not limited to the United States and its territories, Canada, Mexico, Brazil, Argentina, Peru, etc.), both parties agree to submit to the jurisdiction of the Superior Court of Orange County, California, United States.
(2) If Users are located in Japan (including Okinawa, Ishigaki Island, etc.), both parties agree to submit to the jurisdiction of the Tokyo District Court of Japan.
(3) If Users are located in the United Kingdom, European Union or Southeast Asia (including but not limited to Singapore, Thailand, Vietnam, Malaysia, Indonesia, etc.), both parties agree to submit to the jurisdiction of the Singapore International Commercial Court(SICC).
(4) If Users are located in Taiwan (including Penghu, Kinmen, Matsu, etc.), both parties agree to submit to the jurisdiction of the Taiwan Taipei District Court as the court of first instance.
(5) If Users are located in the People’s Republic of China, both parties agree to submit the dispute to arbitration before the Shanghai International Economic and Trade Arbitration Commission.
(6) If Users are located in any region other than those listed above, both parties agree to submit to the jurisdiction of the Singapore International Commercial Court.
20. Language and Translations
KDAN may provide certain translated versions of this Terms of Service for international Users. If there is a discrepancy between the translation version and the Traditional Chinese version, the Traditional Chinese version shall prevail.