A. Platform usage.
Usage. In consideration of user’s payment for the provided services, Lumofy hereby grants to user, and user hereby accepts, a non-exclusive, non-transferable, revocable, limited right during the term of the service to (i) access and use the system for its internal business purposes in accordance with the terms of this terms & conditions; and (ii) permit end-user to access and use the system for user purposes (and not for resale or distribution), each of the foregoing solely in accordance with the applicable terms and conditions of these terms & conditions, and any applicable third party licenses and/or terms and conditions referenced in section c (the user acknowledgments) (collectively, the “usage”).
B. Usage restrictions.
user shall not sell, lease, assign, sublicense or otherwise transfer any of the rights contained in the usage without the prior written consent of Lumofy, and any attempt to do so shall be considered null and void.
- user shall not, and shall ensure that no third party given access to the system may modify, adapt, decompile, translate, disassemble, reverse engineer, make derivative works of, or otherwise attempt to derive the source code for, the system. In addition, user shall not remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary right notices that are contained within the system (if any).
- except as expressly permitted herein, user shall not, and shall ensure that no third party given access to the system may (a) copy any portion of the system, including any documentation associated therewith; or (b) sell, rent, lease, lend, or distribute the system, in whole or in part, or use the system to operate in, or as, a time-sharing, outsourcing, or service bureau environment, or in any other way allow any third party (except traders in the manner set forth in the agreement) to access or use the system without the express prior written consent of the service provider.
- Violation of any license restrictions shall give right to Lumofy for with or without notice termination of this agreement.
C. User acknowledgments. User hereby acknowledges as follows:
(a) user’s failure to comply with the terms and conditions of this agreement may result in suspension or deactivation of the user’s use of the system (as determined in the Lumofy’s sole discretion) with or without notice; license suspension or deactivation shall not give right to user for funds refund;
(b) the system contains certain third party software components, which are governed, (i) in the case of open source software, solely by their respective licenses; and (ii) in the case of closed-source (proprietary) third party software, by the terms and conditions of this agreement, which may be supplemented or superseded by the applicable third party Lumofy’s terms and conditions, as specified within the documentation provided or made accessible by the Lumofy as part of the system;
(c) technical requirements and interface/device feature demands may change from time to time in order to comply with future versions of the system;
(d) any misuse of the system may cause loss and/or damage to user, and in the event that user bypasses or misuses the system, user shall be solely liable for any loss or expense incurred by user or its employees as a result of such bypassing or misuse;
(e) it is critical for user to pay special attention to the features of the system and not operate it without a clear understanding of its operation and of the inherent risks involved.
D. Authorization to use third party services
The user hereby authorizes Lumofy to use third-party services on user’s behalf (the “authorization”). Third-party services shall be used on the user’s behalf pursuant to the following: the term of the authorization shall commence on the later of the effective date hereof or the date on which Lumofy has been granted access to the third-party services and shall terminate on the earlier of (I) the termination date of this agreement; or (ii) the date on which Lumofy receives written notice from user or the third-party services provider that user’s license to use the third-party services has expired or been terminated (and user undertakes to notify Lumofy immediately upon such expiration or termination). No additional third-party services will be connected to user’s system without the user’s prior approval.
E. Third-party products
Third-party products and services are provided by third-party service providers. The company provides an electronic web-based platform for exchanging information and concluding b2b sale and purchase transactions of products and services offline and online between different users and third-party providers. The company does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the platform. Our products and services are offered by direct relationship with the user, and thus, payments are conducted offline, by terms set off on a separate agreement between parties. The user acknowledges that they are completely undertaking the risks of purchase and sale transactions. The user agrees that Lumofy shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any contractual transaction.