Terms of Service

Effective Date: October 1, 2024

These Terms of Service ("Terms") govern your use of Lumiotech Private Limited's ("Lumiotech", "Company", "we", "us", "our") platforms and services including lumioNova, lumioWhisper, lumioCapital, and lumioSentry ("Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

Use of Services

Our Services are intended for business use by corporations, governmental entities, and other organizations ("Clients"). Individual users ("Users") access our Services through their organization's account. Clients are responsible for their Users' compliance with these Terms.

Intellectual Property

The Services, including all content, features, and functionality, are owned by Lumiotech and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant Clients a limited, non-exclusive, non-transferable license to use our Services as provided. This license doesn't allow:

1. Definitions

For the purpose of these Terms:

• "Platform" refers to any of our software platforms: lumioNova, lumioWhisper, lumioCapital, or lumioSentry
• "Account" means a unique account created for your access to our Services
• "Content" refers to any data, information, or material submitted or generated through our Services
• "Intellectual Property Rights" includes patents, rights to inventions, copyright, trademarks, and other intellectual property rights
• "Subscription" means the paid access to our Services under specific plans and pricing

2. Eligibility and Account Creation

You represent and warrant that:

• You are at least 18 years old
• You have the authority to bind the organization you represent
• You will provide accurate and complete registration information
• You will maintain the security of your account credentials
• You will notify us immediately of any unauthorized access

3. Platform-Specific Terms

3.1 lumioNova

When using lumioNova:

• You must ensure the accuracy of data inputs
• You are responsible for any business decisions made using the analytics
• You will not attempt to reverse engineer the AI algorithms
• You will maintain appropriate data backup procedures

3.2 lumioWhisper

For lumioWhisper usage:

• You will not use the AI assistant for unauthorized purposes
• You are responsible for the accuracy of information provided to the AI
• You acknowledge that AI responses are generative, may occasionally be inaccurate, and are assistive rather than definitive
• You will not rely solely on the AI for critical financial, legal, or medical advice without independent verification
• You will respect user role hierarchies and access controls

3.3 lumioCapital

Regarding lumioCapital:

• You must comply with all applicable financial regulations
• You are responsible for the accuracy of financial records
• You will maintain necessary statutory compliances
• You will not manipulate or falsify any records

3.4 lumioSentry

For lumioSentry:

• You must maintain required security clearances
• You will comply with defense and law enforcement protocols
• You will not compromise system security measures
• You will report security incidents immediately

4. Subscription and Payments

Regarding service subscriptions:

• Fees are payable in accordance with your chosen plan
• All payments are non-refundable unless required by law
• We may modify pricing with 30 days notice
• Taxes will be charged as applicable
• Failed payments may result in service suspension

5. User Obligations

You agree to:

• Use the Services in compliance with all applicable laws
• Maintain accurate and up-to-date information
• Protect your account credentials
• Report unauthorized access immediately
• Respect intellectual property rights
• Not engage in any harmful or malicious activities

6. Prohibited Activities

You must not:

• Attempt to gain unauthorized access to our systems
• Use the Services for illegal purposes
• Interfere with other users' access to the Services
• Upload malicious code or content
• Violate any applicable laws or regulations
• Share access credentials with unauthorized users

7. Intellectual Property

Regarding intellectual property:

• The Services and all related intellectual property rights belong to Lumiotech
• You retain ownership of your data and content
• You grant us a license to use your content for service provision
• You will not copy, modify, or reverse engineer our software
• You will respect third-party intellectual property rights

8. Data Usage and Privacy

Regarding data handling:

• We process data as described in our Privacy Policy
• You are responsible for obtaining necessary consents
• We implement industry-standard security measures
• Data processing complies with applicable regulations
• You maintain rights over your data as per law

9. Service Availability and Support

We strive to provide:

• 99.9% uptime for all platforms
• 24/7 technical support
• Regular maintenance and updates
• Advance notice of scheduled downtime
• Prompt incident response

10. Disclaimers and Warranties

Please note that:

• Services are provided "as is" and "as available"
• We do not warrant uninterrupted or error-free operation
• We are not responsible for third-party content or services
• You use the Services at your own risk
• Specific warranties may apply based on subscription type

11. Limitation of Liability and Indemnification

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMIOTECH, ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL LUMIOTECH BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Indemnification:

You agree to defend, indemnify, and hold harmless Lumiotech and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

12. Term and Termination

Regarding service duration:

• Terms remain effective until terminated
• You may terminate by discontinuing use
• We may terminate for violation of Terms
• Certain provisions survive termination
• Data retention policies apply post-termination

13. Changes to Terms

We may modify these Terms:

• With 30 days prior notice for material changes
• Immediate effect for minor updates
• Continued use implies acceptance
• You may terminate if you disagree with changes

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the parties. The seat and venue of arbitration shall be New Delhi, India. The language of arbitration shall be English.

15. Force Majeure

Lumiotech shall not be liable for any failure or delay in performance under these Terms for causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, embargoes, riots, strikes, lockouts, labor disputes, cyber-attacks, internet service provider failures, or governmental administrative or regulatory actions.

16. Contact Information

For any questions regarding these Terms, contact: