Terms & Conditions
Our Services are offered over the Internet in the form of Software-as-a-Service. The use of the Services is subject to the below terms and conditions. Using the Services constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Lumedi.
USE OF THE SERVICE
- The Services allow you to collect data using websites and/or mobile apps and to process the collected data for online viewing. It is up to you which data you want to collect and what you do with the results, provided, however, that you comply with these terms and conditions.
- To use the Services, you first need to register. After completing registration, you can directly log into your account and use the Services.
- You must secure access to your account using the username and password against third parties. In particular, you must keep the password strictly confidential. Lumedi may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are fully liable for these actions. You must immediately notify Lumedi of any unauthorized use of your account or any other security breach, so Lumedi can take appropriate measures.
- The Services allow you to process personal data. Lumedi acts as a data processor; you are the controller. You indemnify and hold harmless Lumedi against all claims by third parties in connection with or arising from this Act.
- It is not permitted to use the Services for any purpose that violates U.S, Canadian or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
- Should Lumedi discover that you violate any of the above, or receive a complaint alleging the same, Lumedi will issue a warning. If the warning does not lead to an acceptable solution, then Lumedi may intervene to end the violation. In urgent or serious cases, including, without limitation, the cases referred to in the next paragraph, Lumedi may intervene without issuing a warning.
- If in the opinion of Lumedi the continued functioning of the computer systems or network of Lumedi or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of email or other data, leaks of personal data or virus activity, Lumedi may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
- Lumedi is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
- You acknowledge and agree that Lumedi does not pre-screen the contents or use of the Services and that Lumedi has no influence over the contents or use of the Service. Everything that has been uploaded, transmitted, made available or otherwise distributed through your use of the Services falls under your responsibility. Without limiting the foregoing, Lumedi will have the right (but not the obligation), at its sole discretion, to refuse or remove content (or any parts thereof). By way of example, and not as a limitation, you agree that when using the Services you will not: post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post or upload any content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party; impersonate another person, or falsify or delete any records; upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
- Lumedi may recoup from you all damages it suffers as a result of your violation of these terms and conditions. You agree and hold harmless Lumedi from and against all third-party claims arising out of your violation of these terms and conditions.
AVAILABILITY AND MAINTENANCE
- Lumedi will make efforts to realize the uninterrupted availability of its systems, network and Services, but offers no guarantees in this regard, unless a separate Service Level Agreement is concluded with Lumedi.
- Lumedi actively maintains its systems, network and the Services. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
- Lumedi may from time to time adapt the Services. Your feedback and suggestions are welcome but ultimately Lumedi decides which adaptations to carry out (or not).
- If Lumedi considers that there is a danger to the functioning of its systems, network or Services, Lumedi will have the right to implement all measures it considers reasonably necessary to avert or prevent this danger.
- The Services, the accompanying software as well as all information and images on its websites and mobile application is the intellectual property of Lumedi. None of these items may be copied or used without prior written permission of Lumedi, except and to the extent permitted by mandatory law.
- Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Lumedi receives a limited license to use this information for providing the Services, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement. Without your prior permission, Lumedi shall not use the information for any other purpose.
- If you send information to Lumedi, for example a bug report or suggestion for improvement, you grant Lumedi a perpetual and unlimited license to use this information for the Service. This does not apply to information you expressly mark as confidential.
- Lumedi shall refrain from accessing data you store or transfer using the Services, unless this is necessary for a good provision of the Service or Lumedi is forced to do so by law or order of competent authority. In these cases Lumedi shall use its best efforts to limit access to the information as much as possible.
COMPENSATION FOR THE SERVICE
- The use of the Services is subject to a fee which is due every month or as otherwise agreed to. The fees are indicated on the website of Lumedi and may be subsequently agreed to between the parties. The fee is charged at the beginning of each applicable period.
- You will pay the amounts in accordance with the payment conditions stated by Lumedi. Payments are made by credit card, or as explained further on the website of Lumedi.
- Invoiced amounts are due and payable within thirty (30) calendar days after the invoice date, unless stated otherwise.
- If an amount due is not paid within the payment term, statutory interest will be due in respect of the outstanding amount, without requiring further notice of default. In the event payment is not made on time, you are obliged to fully compensate both the judicial and extrajudicial collection costs, including lawyer's and bailiff's fees and the costs of collection agencies, in addition to the amount that is owed and the interest due in respect thereof.
- If you do not pay the fees on time, Lumedi will have the right, after it has issued a warning, to limit the use of the Service and, after a renewed warning, to fully block the use of the Service until the amounts have been fully paid.
- A claim for payment becomes immediately due and payable in the event you are declared bankrupt, apply for a suspension of payment, or if all or part of your assets are attached or liquidated.
LIMITATION OF LIABILITY
- Lumedi is not responsible nor liable for the contents uploaded, transmitted, made available or otherwise distributed through your use of the Services.
- Except in case of intentional misconduct or deliberate recklessness, and subject to Article 6.a, the liability of Lumedi shall be limited to the amounts paid by you in the three (3) months prior to the moment the cause of the damage occurred.
- Lumedi in no event is liable for indirect damages, consequential damages, lost profits, missed savings, loss of (business) data or damages through business interruption.
- Damages may only be claimed if reported in writing to Lumedi at most two months after discovery.
- In case of force majeure, Lumedi is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
- With respect to the information disclosed by and between the parties while using the Services, the parties shall accept the duty to observe strict secrecy when the information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended to be confidential.
- Lumedi shall not examine data stored and/or distributed by you while using the Services, unless and to the extent this is reasonably necessary for the proper provision of the Services or in the event Lumedi is obliged to do so in pursuance of a statutory duty or required by court order.
TERM AND TERMINATION
- This agreement enters into force as soon as you first use the Service and then remains in force until terminated.
- You may terminate the Service(s) at any time with a notice period of one month, calculated from the moment of the notice. Terminating the Service(s) does not affect the applicability of these General Terms and Conditions. These General Terms and Conditions remain in force as long as you make use of our Services.
- You may also terminate the Agreement at any time with a notice period of one month, calculated from the moment of the notice. After the effective date of your termination, you can no longer access our Services and we are entitled to delete your account and any data stored within it, unless expressly agreed otherwise.
- Lumedi is entitled to terminate the agreement if you have not used the service at all in the last 6 months. In such an event Lumedi shall first send a reminder mail to the email address connected to your account.
- You can export the data you stored or processed while using the Service at any time through the Service interface.
- All obligations of the parties that accrued prior to termination or expiration of this agreement shall survive termination of this agreement. In particular, the following clauses shall survive termination or expiration of the agreement: Articles 5, 6, 7 and 10.
CHANGES TO TERMS
- Lumedi may change or add to these terms and conditions as well as any prices at any time.
- Lumedi shall announce through the Service changes or additions.
- If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of the Services after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
- Canadian law applies to this agreement.
- Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection with the Services shall be brought before the competent Canadian court for the principal place of business of Lumedi.
- 'Written/in writing' in these terms and conditions also refers to email communication, provided the identity of the sender and the integrity of the contents is adequately established.
- The version of any communication of information as recorded by Lumedi shall be deemed to be authentic, unless you supply proof to the contrary.
- In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
- Lumedi is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the Services or the associated business activities.
- Lumedi is a registered business name of Webility Solutions Inc., and the name Lumedi is understood to refer to incorporate company Webility Solutions Inc., having its office at A-134 Young Street, Hamilton, ON, L8N 1V6, Canada.