Terms of Service

Introduction

Welcome to the Terms of Service (these 'Terms') for Lumigo's website, www.lumigo.ai (the 'Website'), artificial-intelligence powered search engine (the 'Lumigo Engine'), and any content, tools, features and functionality offered on or through our Website (collectively, the 'Services'). These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For Whom These Terms Apply

For purposes of these Terms, 'you' and 'your' means you as the user of the Services. If you use the Services on behalf of a company or other entity then 'you' includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

The Services

As a part of the Services, you can input, upload and submit information and other materials ('Input') into the Lumigo Engine, and the Lumigo Engine will use artificial intelligence tools and functionalities to generate responses based on your Input ('Output'). Your use of the Lumigo Engine, including any Outputs, may also be subject to license and use restrictions set forth in a third-party license, if applicable. Any Input will be deemed 'Your Content' under these Terms.

• You may not direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction or other law
• By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services
• You represent and warrant that your submission of Input in connection with your use of the Services, including to generate Output, will not breach any law or any third party's terms and conditions associated with such Input
• You may not publish any Output generated by the Services without clearly citing the Services, or misrepresent the source of any Output or the fact that it was generated by artificial intelligence

Eligibility

You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

User Accounts

To use certain of the Services, you need to create an account or link another account, such as your Google account ('Account'). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account through the settings page of your Account profile. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password.

• We are not liable for any acts or omissions by you in connection with your Account
• You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account
• You agree not to create an Account if we have previously removed your Account, or we previously banned you from any of our Services, unless we provide written consent otherwise

Your Content

In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (collectively with Input, 'Your Content'). As between Lumigo and you, Lumigo does not claim any ownership in Your Content; provided that, Lumigo or its affiliates and their respective licensors own and will continue to own the Services and any and all other software or technology that was used to generate any Output.

• In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations
• By using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content to operate, improve, promote and provide the Services
• You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us)
• To the fullest extent permitted by applicable law, Lumigo reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice

User Conduct

You agree not to use our Services:

• In any way that violates any applicable law or regulation
• To send, knowingly receive, upload, download, use, or reuse any material that does not comply with our content standards
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material
• To impersonate or attempt to impersonate Lumigo, a Lumigo employee, another user, or any other person
• To engage in any activity that could disable, overburden, damage, or impair our Services
• To access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services
• To attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services
• To use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, 'mines,' scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services

Intellectual Property Rights

The Services, including their 'look and feel' (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Lumigo and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.

• We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works
• Lumigo's name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of Lumigo or its affiliates or licensors
• You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services
• You may not access or use for any commercial purposes any part of the Services

Feedback

We welcome feedback, comments and suggestions for improvements to the Services ('Feedback'). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Lumigo, and Lumigo may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Lumigo any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Disclaimer of Warranties

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an 'AS IS' and 'AS AVAILABLE' basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Lumigo, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the 'Lumigo Entities') DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

• The Lumigo Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis
• You acknowledge that the Services may generate Output containing incorrect, biased, or incomplete information. Lumigo shall have no responsibility or liability to you for the infringement of the rights of any third party in your use of any Output
• You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial or other professional advice. Any Output is not a substitute for advice from a qualified professional

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE LUMIGO ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY OUTPUT) OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE LUMIGO ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUTPUT, OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR OUTPUT. THE LUMIGO ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE LUMIGO ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Lumigo Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Lumigo Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or wilful misconduct.

Termination

If you breach any of the provisions of these Terms, all licenses granted by Lumigo will terminate automatically. Additionally, Lumigo may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Lumigo deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Lumigo may, but is not obligated to, delete any of Your Content. Lumigo shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Lumigo or you. Termination will not limit any of Lumigo's other rights or remedies at law or in equity.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Italy.

Contact Us

If you have any questions about these Terms, please contact us at omniselect.ita@gmail.com.