USER AGREEMENT
We appreciate your visit to our platform (the "Platform") where you discovered the link to this User Agreement (the "Platform"), and to our Data Protection Notice (the "Data Protection Notice"). This platform is managed and administered by Lumitex AI and any holdings, subsidiaries or related entities, all referred to as Lumitex AI. The Platform is our property (collectively referred to as "we," "our," or "us") and you can reach us at any time via email at:
By accessing the Platform or using our products and/or solutions ("Provider Solutions" and collectively with the Subscription Solutions, referred to as "Solutions"), you agree to comply with this User Agreement ("Agreement") and our Data Protection Notice. This Agreement includes operating rules, policies, information, and other supplementary terms. We reserve the right to modify the Agreement from time to time without notice and at our discretion. It is your responsibility to periodically review this page for updates to the Agreement, which will take effect once posted. Your continued use of the Platform will be considered acceptance of the Agreement.
Please review the full terms of this User Agreement carefully. If you disagree with any part of it, you are not authorized to use the Solutions or the Platform in any way. We reserve the right to deny access to the Solutions and/or the Platform at our sole discretion.
NO FINANCIAL ADVICE
Unless expressly stated otherwise, this platform is not designed for the purpose of providing personal financial or investment advice. The information provided does not take into account your particular investment objectives, financial situation, or investment needs.
You should assess whether the information on this platform is appropriate for your particular investment objectives, financial situation, and investment needs. You should do so before making any investment decision based on the information provided on or in connection with this platform. You may make this assessment yourself or seek the professional assistance of any independent financial advisor.
Unless expressly stated otherwise, the information on this platform is not a recommendation to invest in any financial products or solutions offered by any member of the IG group of companies.
OFFERS AND SOLUTIONS
Not all offers and solutions mentioned on this platform are necessarily provided by us. The identification or use of third-party offers, solutions, platforms, or networks does not constitute an endorsement of such offers, solutions, platforms, or networks. This platform may allow you to access platforms and networks provided by entities other than us through a hyperlink or other link.
We do not accept any responsibility or liability of any kind regarding any material on any platform or network that is not under our direct control. You acknowledge that your access to such other platforms or networks through such link may require us to provide certain information about you to the owner of that platform or network. Nothing on this platform is intended nor should it be interpreted by you as investment or financial advice from us.
SCOPE AND MODIFICATION
You agree to the terms outlined here regarding your use of our Platform. This Agreement constitutes the entire agreement between you and us, superseding all prior agreements, representations, warranties, and understandings regarding the Platform.
Please note that this Agreement may change periodically. If we modify this Agreement, we will inform you of your choices due to such changes. Additionally, we will publish a notice indicating the modification. Your continued use of the Platform and/or our Solutions implies your full agreement to comply with the updated terms and conditions in effect at that time. It is your responsibility to regularly check this page for updates and/or changes.
ELIGIBILITY
The Platform and our Solutions are available only to individuals eligible to enter into legally binding contracts under applicable law. They are not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18), you are not permitted to use and/or access the Platform and/or the Solutions.
DESCRIPTION OF THE SOLUTIONS
Subscription Solutions: After registering on the Platform and receiving approval from us, you may obtain or attempt to obtain paid or free Subscription Solutions. These solutions provide email content, text, and other materials ("Subscription Content") relevant to online marketing from us and from third-party partners ("Third-Party Providers"). This is not investment advice. You understand and agree that we are not responsible or liable for the accuracy, completeness, or appropriateness of the Subscription Content.
Provider and Third-Party Solutions: By completing registration forms, you may obtain or attempt to obtain certain products and/or solutions from the Platform. The product and/or solution descriptions on the Platform may be provided by Third-Party Providers. We do not guarantee the accuracy or completeness of such descriptions. You understand and agree that we are not responsible or liable for your inability to obtain products and/or solutions from the Platform or for any dispute with product vendors, distributors, or third-party providers with whom you may interact in relation to the platform.
General: To use the Solutions, you must provide accurate Solution Registration data, and we reserve the right to reject incomplete, fraudulent, or unacceptable data. Unless expressly stated otherwise, any future offers that enhance the functionality of the Platform will be subject to this Agreement. You agree that we are not responsible for your inability to use and/or qualify for the Solutions and for any modification, suspension, or interruption.
INTELLECTUAL PROPERTY RIGHTS
The Platform, Content, and Solutions, including organization, graphics, design, compilation, software, and other materials, are protected under copyrights, trademarks, and other applicable intellectual property rights. Reproduction, redistribution, or sale of any part of the Platform, Content, and/or Solutions is strictly prohibited. Retrieval of material using automated means or scraping for any purpose without written authorization is prohibited. You do not acquire ownership rights to any content, documents, software, solutions, or materials on the Platform. Our name, logo, graphics, icons, and solution names are trademarks. Unauthorized use of any trademark is strictly prohibited.
PROPRIETARY INFORMATION
Proprietary information refers to confidential information identified as such and excludes publicly known information, preexisting knowledge, independently developed information, or information received from a third party without restrictions on disclosure. The duty to protect proprietary information expires one (1) year after termination.
HYPERLINKING TO THE PLATFORM, COBRANDING, FRAMING, AND/OR REFERENCING THE PLATFORM PROHIBITED
Hyperlinking the Platform or parts of it to another platform without our express authorization is prohibited. "Framing" the Platform or referencing the Uniform Resource Locator ("URL") without our written permission is strictly prohibited. Cooperation is required to remove such content or activity, and you are responsible for any associated damages.
MODIFICATION, REMOVAL, AND ALTERATION
We reserve the right to modify and/or remove any document, information, or content on the Platform without notice.
DISCLAIMER
THE PLATFORM, THE SOLUTIONS, THE CONTENT AND ANY THIRD-PARTY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL WARRANTIES, EXPRESS AND IMPLIED, EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE PLATFORM, THE SOLUTIONS, THE CONTENT AND/OR THIRD-PARTY PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CLAIM IN CONNECTION WITH THE INABILITY TO USE THE PLATFORM, THE SOLUTIONS, THE CONTENT AND/OR THIRD-PARTY PRODUCTS. THE PLATFORM MAY CONTAIN BUGS, ERRORS OR LIMITATIONS, AND WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF THE INTERNET CONNECTION.
LIMITATION OF LIABILITY
WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT. YOU RELEASE US AND OUR THIRD-PARTY PROVIDERS FROM OBLIGATIONS, LIABILITIES AND CLAIMS BEYOND THE LIMITATION SET FORTH. IF APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION, OUR MAXIMUM LIABILITY IN ANY CIRCUMSTANCE SHALL BE FIVE HUNDRED DOLLARS ($500.00).
INDEMNIFICATION
You agree to indemnify and hold us, our partners, subsidiaries, affiliates and their respective members, officers, directors, employees, agents and partners harmless from any claim, expense, damage, cause of action, cost, demand and/or judgment made by any third party due to or arising out of your use of the Platform, Solutions or Content; your violation of this Agreement; and/or your violation of the rights of another individual and/or entity.
THIRD-PARTY PLATFORMS
The Platform may provide links to other Internet platforms and/or resources owned by Third-Party Providers. We are not responsible for the availability of such third-party platforms and/or resources, nor for their content, and we do not endorse or assume responsibility for their terms, privacy policies, content, advertising, solutions, products or materials.
DATA PROTECTION NOTICE / VISITOR INFORMATION
Your use of the Platform and all comments, feedback, information, Registration Data and/or materials submitted are subject to our Data Protection Notice. We reserve the right to use information regarding your use of the Platform and personally identifiable information in accordance with our Data Protection Notice and applicable data protection laws.
LEGAL NOTICE
Any attempt to damage, destroy, tamper with, vandalize or interfere with the operation of the Platform is a violation of criminal and civil law. We will pursue remedies against any offending individual or entity to the fullest extent permitted by law and in equity.
CHOICE OF LAW AND FORUM
This Agreement is governed by and interpreted in accordance with the laws of the United Kingdom. The Parties will attempt to negotiate in good faith to amicably settle any claim or dispute arising from or relating to this User Agreement. If the Parties cannot reach agreement on the terms, the dispute shall be submitted exclusively to confidential arbitration proceedings before a single arbitrator in London under ICC rules, whose award shall be final and binding. No party shall file a claim with its local court of domicile or any other forum.
DATA PROTECTION ADDENDUM
This Data Protection Addendum is part of our User Agreement. The terms used here have the meanings specified in this Addendum. Except as modified below, the Agreement remains in full force and effect.
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Definitions
- Applicable Laws: EU or Member State laws relating to Personal Data subject to EU Data Protection Laws and other applicable laws for Personal Data subject to other Data Protection Laws.
- Controller: Entity that determines the purposes and means of the Processing of Personal Data.
- Data Protection Laws: EU Data Protection Laws and data protection or privacy laws of any other country.
- EU Data Protection Laws: EU Directive 95/46/EC, GDPR and related laws.
- GDPR: EU General Data Protection Regulation 2016/679.
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Collection and Processing of Personal Data
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We agree to comply with all applicable Data Protection Laws in the Processing of Personal Data.
- We represent and warrant that we have the necessary permissions and consents from data subjects to lawfully allow the collection, Processing and sharing of Personal Data through the Solutions in accordance with Applicable Laws.
- We will maintain a mechanism for obtaining and withdrawing consent, in accordance with Applicable Laws, and a publicly available privacy policy.
- We acknowledge that we do not provide Solutions to children under eighteen (18) years of age.
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We agree to comply with all applicable Data Protection Laws in the Processing of Personal Data.
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Security
- We will implement appropriate technical and organizational measures for data security in accordance with Article 32(1) of the GDPR.
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Sub-processing
- You authorize us to appoint Sub-processors and we guarantee written contracts with Sub-processors that provide the same level of protection for Personal Data as outlined in this Addendum and meet GDPR requirements.
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Data Subject Rights
- We will assist in responding to Data Subject rights requests under Data Protection Laws, taking into account the nature of the Processing.
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Personal Data Breach
- We will promptly notify affected Data Subjects when we become aware of a Personal Data Breach, assisting in investigation, mitigation and remedy.
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General Terms
- Disputes or claims arising from this Agreement are subject to the jurisdiction set out herein. If any provision is invalid, the remainder will remain valid.
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Changes
- Changes to this Agreement may be made from time to time at our sole discretion.
By accepting this User Agreement, you acknowledge that you have read, understood, and agree to be bound by all the terms set out above. Your continued use of the Platform and the Solutions constitutes acceptance of these terms. If you have any questions or concerns, please contact us at