These Terms of Service ("Terms") govern your use of Lumiotech Private Limited ("Lumiotech," "we," "us," or "our") services, products, and lumioWhisper (also known as "Whisper"), an intelligent corporate agent platform.
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Platform.
1. Acceptance of Terms
By accessing or using any part of our services, you agree to comply with these Terms, as well as any referenced policies such as our Privacy Policy and Data Protection Policy. These Terms apply to all users, including administrative users, enterprise customers, and any other individuals or entities interacting with our services.
2. Eligibility
You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and that you have the authority to enter into a legally binding agreement on behalf of yourself or the entity you represent.
3. Description of Services
lumioWhisper is an intelligent corporate agent platform designed to help enterprises with various functions. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.
4. User Accounts and Security
You are required to create a user account to access certain features. You must provide accurate and current information. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities under your account. You agree to notify Lumiotech immediately of any unauthorized use.
5. Data Ownership and Processing
5.1 Customer Data Ownership: You retain all rights, title, and interest in and to the data you upload or process through the Platform. These Terms do not grant us any ownership rights to your data.
5.2 License to Process: You grant Lumiotech a limited, non-exclusive license to host, copy, process, and transmit your data strictly as necessary to provide the services described in these Terms.
5.3 Sub-processors: Lumiotech may use third-party sub-processors to provide the services. We ensure these sub-processors adhere to data protection standards at least as stringent as those set out in our Data Protection Policy.
6. Acceptable Use
You agree not to use our services in any manner that:
- Violates any applicable laws or regulations;
- Infringes upon the rights of others;
- Attempts to gain unauthorized access to our systems;
- Introduces viruses or any other harmful code;
- Attempts to scrape or extract data without proper authorization.
7. Intellectual Property
All intellectual property rights in and to our services, including software, text, graphics, and trademarks, are owned by or licensed to Lumiotech. You are granted a limited, non-exclusive, non-transferable license to use our services. You may not replicate, modify, or exploit our services without our written consent.
8. Fees and Payment
Certain services require payment of fees. You agree to pay all applicable fees and taxes. Unless explicitly stated otherwise in a separate enterprise agreement or our Refund Policy, all fees are non-refundable.
9. Term and Termination
We reserve the right to suspend or terminate your account at any time for violations of these Terms, non-payment, or misuse. Upon termination, your right to use the services will cease. Your data may be retained or deleted as outlined in our Data Protection and Security Policies, subject to mandatory retention laws.
10. Disclaimers
- As Is: Our services are provided on an "as is" and "as available" basis, without warranties of any kind.
- No Guarantee: We do not guarantee uninterrupted, error-free, or completely secure operation.
11. Limitation of Liability
11.1 Cap on Liability: To the maximum extent permitted by applicable law, Lumiotech's total aggregate liability arising out of or related to these Terms, whether in contract, tort, or under any other theory of liability, shall not exceed the total amount paid by you to Lumiotech in the twelve (12) months immediately preceding the event giving rise to the claim.
11.2 Exclusion of Damages: In no event shall Lumiotech or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising from your use of or inability to use our services.
12. Indemnification
You agree to defend, indemnify, and hold harmless Lumiotech and its affiliates from any claims, damages, losses, liabilities, costs, or debt arising from your breach of these Terms or your use of the services.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.
14. Changes to Terms
We may modify these Terms occasionally. When we do, we will update the "Effective Date" at the top. Your continued use of our services constitutes acceptance of the revised Terms.
15. Contact Information
If you have any questions regarding these Terms, please contact us at:
Lumiotech Private Limited
New Delhi, India
[email protected]
By continuing to use our services, you acknowledge that you have read and understand these Terms of Service and agree to be bound by them.