User Terms of Service
Effective: November 19, 2020
These User Terms of Service (“User Terms”) govern access and use of the Lumavate’s low-code Platform (“Platform”) by a Platform User (“you”). Please read them carefully. Even though you are signing onto an existing Platform Subscription, these User Terms apply to you as a user of the Platform.
These User Terms are a legally binding contract between you and Lumavate. As a part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated into these User Terms. If you access or use the Platform, you agree to be bound by the User Terms and Acceptable Use Policy. Please read the User Terms carefully. If you do not accept all of the User Terms, you may not use the Platform.
Be sure to return to this page periodically to review the most current version of the User Terms. Lumavate may modify the User Terms or add additional terms that apply to the Platform at any time. Lumavate will notify you about material changes to the User Terms by either sending a notice to the email address you provided to us and/or by placing a notice of modifications to the User Terms on this page. If you do not agree to all of the modified User Terms, you should discontinue your use of the Platform.
- An organization or third party referred to in these User Terms as “Customer” has invited you to access the Platform. The Customer has created the account, holds the Platform Subscription, and accepted the Master Subscription Agreement.
- As between Lumavate and the Customer, you agree that it is solely the Customer’s responsibility to: (a) inform you and any other Platform Users of any relevant customer policies and practices and any settings that may impact the processing of Customer Data; (b) obtain any rights, permissions, consents, etc. necessary for any content utilized in a Lumavate Hosted App created by Customer Platform Users; (c) ensure the transfer and processing of Customer Data is lawful; (d) respond to and resolve any disputes between you and the Customer. Lumavate makes no warranties or any kind, whether expressed or implied, to you relating to the Platform, access to which is provided to you at the sole discretion of the Customer.
- To the extent prohibited by applicable law, the Platform is not intended for and should not be used by anyone under the age of eighteen (18). You represent that you are over the legal age and are the intended recipient of the Customer’s invitation to the Platform. You may not access or use the Platform for any purpose if either of the representations in the preceding sentence is not true.
- All Platform Users must comply with the Acceptable Use Policy and any applicable policies established by the Customer. If you see any inappropriate behavior or content, please report it to email@example.com.
- These User Terms remain effective until Customer’s Platform Subscription expires or terminates, or your access to the Platform has been terminated by the Customer or us. Please contact firstname.lastname@example.org if you at any time or for any reason wish to terminate your Platform User account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.
- If Lumavate believes there is a violation of the Master Subscription Agreement, User Terms, Acceptable Use Policy, or any of our other policies that can be simply remedied by the Customer’s removal of certain Customer Data or taking other action, Lumavate will, in most cases, ask the Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or Lumavate believes there is a credible risk of harm to us, the Platform, Platform Users, Lumavate Hosted Apps, or any third parties. In no event will you or Lumavate have liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. Unless you are also a Customer (and without limitation to our rights and remedies under the contract), you will have no financial liability to us for a breach of these User Terms. Our maximum aggregate liability to you for any breach of the User Terms is One Hundred Dollars ($100). The forgoing disclaimers will not apply to the extent prohibited by applicable law and do not limit either party’s right to seek and obtain equitable relief.
- Lumavate’s Platform is intended for use by businesses and organizations and not for use by private individuals. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude, or modify any statutory warranties, guarantees, rights, or remedies you have, and our liability sis limited (at our option) to the replacement, repair or resupply of the Platform or the pro-rata refund to Customer of pre-paid Fees for your Platform Subscription covering the remainder of the term.
- All notices under the User Terms will be by email, although Lumavate may choose to provide notices to Platform User through the Platform. Notices to Lumavate should be sent to: Lumavate; 1950 E. Greyhound Pass, Suite 18-352, Carmel, IN 46033.
- No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
- The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
- You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). Lumavate may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
- The User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Master Subscription Agreement. The courts located in the applicable venue of the Master Subscription Agreement will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement.