LRG+ Platform Terms of Service

Introduction

These LRG+ Platform Terms of Service ("Platform Terms") govern your access to and use of the LRG+ records governance platform (the "Platform"), provided by Legacy Retention Group, a DBA of DataMerj, Inc. ("Company," "we," "us," or "our").

These Platform Terms are in addition to our general Terms of Service and Privacy Policy. In the event of a conflict between these Platform Terms and our general Terms of Service, these Platform Terms shall control with respect to your use of the Platform.

By accessing or using the Platform, you agree to be bound by these Platform Terms. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these terms.

Platform Description

LRG+ is a cloud-based records governance platform designed to help organizations manage their records retention schedules, track document lifecycles, maintain legal holds, ensure regulatory compliance, and generate audit reports. The Platform provides:

• Records inventory management and tracking
• Retention schedule creation and enforcement
• Legal hold management
• Compliance monitoring and reporting
• Audit trail and history tracking
• Role-based access controls
• Document disposition management

Account Registration and Security

Account Creation

To use the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

Account Security

You are responsible for maintaining the security of your account. We recommend:

• Using a strong, unique password
• Enabling multi-factor authentication when available
• Not sharing your credentials with others
• Logging out after each session on shared devices

Subscription and Payment

Subscription Plans

The Platform is offered on a subscription basis. Subscription details, including pricing, features, and term length, are specified in your service agreement or order form.

Payment Terms

• Fees are billed in advance on a monthly or annual basis as specified in your agreement
• All fees are non-refundable except as expressly stated in your agreement
• We reserve the right to modify pricing with 30 days' notice
• Late payments may result in service suspension

Renewal and Cancellation

Subscriptions automatically renew at the end of each term unless cancelled. To cancel, provide written notice at least 30 days before the end of your current term.

Your Data

Data Ownership

You retain all rights to the data you upload, create, or store in the Platform ("Your Data"). We do not claim ownership of Your Data.

License to Your Data

You grant us a limited license to access, process, and display Your Data solely for the purpose of providing and improving the Platform. This license terminates when you delete Your Data or terminate your account.

Data Security

We implement appropriate technical and organizational measures to protect Your Data, including:

• Encryption of data in transit and at rest
• Regular security assessments and penetration testing
• Access controls and authentication requirements
• Regular backups and disaster recovery procedures
• Employee training on data security

Data Portability

Upon request, we will provide an export of Your Data in a standard format. Data export requests should be submitted at least 30 days before account termination.

Data Retention After Termination

Upon termination of your account, we will retain Your Data for 30 days to allow for export. After this period, Your Data will be deleted from our systems, except as required by law or for legitimate business purposes (such as maintaining audit logs).

Acceptable Use

When using the Platform, you agree not to:

• Upload or store content that is illegal, harmful, or infringes on others' rights
• Use the Platform for any unlawful purpose
• Attempt to gain unauthorized access to the Platform or its systems
• Interfere with or disrupt the Platform's operation
• Reverse engineer, decompile, or disassemble the Platform
• Share your account credentials with unauthorized users
• Exceed your authorized user or storage limits
• Use automated scripts or bots to access the Platform without permission
• Transmit viruses, malware, or other harmful code

Service Level Commitment

Availability

We strive to maintain 99.9% Platform availability, measured monthly, excluding scheduled maintenance and circumstances beyond our reasonable control.

Scheduled Maintenance

We perform scheduled maintenance during low-usage periods (typically weekends and evenings EST). We will provide at least 24 hours' notice for scheduled maintenance expected to exceed 30 minutes.

Support

Technical support is available:

• Email: support@lrgarchives.org
• Phone: (844) 787-7009 (Monday-Friday, 9 AM - 5 PM EST)

Response times vary by issue severity and support plan level.

Intellectual Property

Our Intellectual Property

The Platform, including its design, features, functionality, documentation, and underlying technology, is owned by the Company and protected by intellectual property laws. You receive no ownership rights in the Platform.

Limited License

Subject to these Platform Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to access and use the Platform for your internal business purposes during your subscription term.

Restrictions

You may not:

• Copy, modify, or create derivative works of the Platform
• Sublicense, sell, or transfer access to the Platform
• Use the Platform to develop a competing product
• Remove or alter any proprietary notices

Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties without prior written consent, except as required by law or to provide the services contemplated by these Platform Terms.

Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Platform will be uninterrupted or error-free
• Defects will be corrected
• The Platform will meet your specific requirements
• The Platform is suitable for use in high-risk activities requiring fail-safe performance

Important: The Platform is a tool to assist with records governance. It does not provide legal advice. You are responsible for ensuring your records management practices comply with applicable laws and regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR LOSS OF DATA CAUSED BY YOUR ACTIONS OR FAILURE TO MAINTAIN BACKUPS

Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your Data
• Your violation of these Platform Terms
• Your violation of any third-party rights

Client Responsibility for Verification; Errors and Omissions

YOU ACKNOWLEDGE AND AGREE THAT LEGACY RETENTION GROUP (A DBA OF DATAMERJ, INC.), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND CONTRACTORS (COLLECTIVELY, THE "COMPANY PARTIES") SHALL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, OR MISTAKES IN THE NAMING, LABELING, REFERENCING, IDENTIFYING, INDEXING, CATALOGING, CATEGORIZING, DESCRIBING, OR OTHER CHARACTERIZATION OF ANY RECORDS, DOCUMENTS, FILES, BOXES, ITEMS, DATA, OR MATERIALS OF ANY KIND (COLLECTIVELY, "CLIENT MATERIALS") PROCESSED, STORED, MANAGED, OR HANDLED THROUGH THE PLATFORM OR BY THE COMPANY PARTIES.

Client's Sole Responsibility

It is the sole and exclusive responsibility of the client or customer ("Client") to:

• Verify the accuracy and completeness of all data, metadata, labels, indexes, and categorizations within the Platform
• Review and approve all work product, including any data entry, scanning, indexing, or processing performed by the Company Parties
• Notify the Company promptly of any errors, discrepancies, or concerns
• Maintain independent verification systems and backup records as appropriate
• Ensure that original source materials are accurate and properly identified prior to upload or submission

Indemnification for Errors and Omissions

To the fullest extent permitted by applicable law, the Client agrees to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Any errors, omissions, or inaccuracies in the naming, labeling, referencing, identifying, indexing, or other characterization of Client Materials within the Platform
• The Client's failure to verify, review, or approve data and work product
• Any reliance by the Client or any third party on Platform data without independent verification
• Any loss, destruction, or misidentification of Client Materials, except where directly caused by the gross negligence or willful misconduct of the Company Parties
• Any regulatory fines, penalties, or legal actions resulting from errors in records management

Limitation on Liability for Errors and Omissions

THE COMPANY PARTIES SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM ERRORS OR OMISSIONS IN THE PROCESSING, INDEXING, LABELING, OR MANAGEMENT OF CLIENT MATERIALS, EXCEPT WHERE SUCH DAMAGES ARE PROVEN TO HAVE RESULTED DIRECTLY FROM THE GROSS NEGLIGENCE OR WILLFUL MALFEASANCE OF THE COMPANY PARTIES.

No Guarantee of Accuracy

While the Company strives to maintain high standards of accuracy and quality, the Company does not warrant or guarantee that any data, indexing, labeling, or other work product within the Platform will be free from errors or omissions. The Client acknowledges this inherent limitation and agrees to implement appropriate verification procedures.

Termination

Termination by You

You may terminate your subscription at any time with 30 days' written notice. Fees paid in advance are non-refundable.

Termination by Us

We may terminate or suspend your access to the Platform if:

• You breach these Platform Terms
• You fail to pay fees when due
• Continued access would violate applicable law
• We cease to offer the Platform

Effect of Termination

Upon termination:

• Your access to the Platform will be discontinued
• You may request an export of Your Data within 30 days
• Provisions that by their nature should survive will survive termination

Changes to Platform Terms

We may modify these Platform Terms at any time. We will provide notice of material changes at least 30 days before they take effect. Your continued use of the Platform after changes take effect constitutes acceptance of the modified terms.

Governing Law

These Platform Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Hampden County, Massachusetts.

Contact Us

For questions about these Platform Terms or the LRG+ Platform, please contact us: