Terms of Service
Last Updated: December 5, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Lumiotech Private Limited ("Company", "we", "us", or "our") regarding your use of the lumioCapital platform and related services (collectively, the "Services").
1. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Services.
2. Eligibility
You represent and warrant that:
- You are authorized to represent and bind the company on whose behalf you are using the Services
- Your company is duly incorporated under the laws of India
- You have the authority to enter into this agreement
- All information provided is accurate and complete
3. Service Description
3.1 Core Services
The Services include:
- Digital share registry management
- Share transfer processing
- Shareholder record maintenance
- Report generation and analytics
3.2 Service Limitations
You acknowledge that:
- The Services are not a substitute for legal advice
- We do not guarantee regulatory compliance
- Service availability may be subject to interruptions
4. User Obligations
You agree to:
- Provide accurate and complete information
- Maintain the confidentiality of your account credentials
- Comply with all applicable laws and regulations
- Not use the Services for any unlawful purpose
- Notify us immediately of any unauthorized access
5. Data Usage and Privacy
By using our Services, you explicitly consent to:
- Collection and processing of company and shareholder data
- Storage of data on our servers
- Use of data for service improvement
- Sharing of data with authorized third parties
6. Fees, Payment, and Subscriptions
6.1 Subscription Terms: Service fees are charged iteratively according to the pricing plan you select. Subscriptions automatically renew unless canceled in advance of the renewal date.
6.2 Modifications: We reserve the right to modify our pricing or subscription models with 30 days prior written notice. Continued use post-modification constitutes acceptance.
6.3 Non-Refundable: All fees are strictly non-refundable, and there are no prorated refunds for partial months or unused credits, unless otherwise required by law or stated in our Refund Policy.
6.4 Fair Use Policy: Excessive usage of platform resources or APIs that disproportionately degrades system performance for other users may result in rate-limiting or suspension.
7. Intellectual Property
7.1 All content, features, and functionality are owned by the Company and protected by intellectual property laws.
7.2 You may not copy, modify, distribute, or reverse engineer any part of the Services.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability and fitness for a particular purpose
- Accuracy or reliability of results
- Uninterrupted or error-free operation
- Compatibility with your systems
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- The Company, its affiliates, directors, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities.
- Our aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the amounts paid by you to the Company for the Services in the six (6) months immediately preceding the event giving rise to the claim.
- We are not liable for the actions or omissions of any third-party service providers, regulatory bodies, or any disruptions resulting from events outside our reasonable control.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney's fees) arising from:
- Your use of and access to the Services, including any data transmitted or received by you.
- Your violation of any term of these Terms.
- Your violation of any third-party right, including without limitation any privacy or intellectual property right.
- Any claim that your content caused damage to a third party.
- Your violation of any applicable law, rule, or regulation.
11. Term and Termination
11.1 These Terms remain in effect until terminated.
11.2 We may terminate or suspend your access immediately without notice for any violation of these Terms.
11.3 Upon termination:
- All rights granted to you will cease
- You must cease all use of the Services
- Certain provisions will survive termination
12. Force Majeure
The Company shall not be liable for any failure or delay in performance under these Terms for causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, cyber attacks, strikes, or utility outages.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in New Delhi, India.
14. Contact Information
Questions about our Terms?
For any questions regarding these Terms, please contact:
Email: [email protected]