ABOUT US, OUR SERVICE, AND THESE TERMS
Luminate is operated by Predictly Tech Labs (referred to as “we”, “us” and “our”). We are registered in India under company VAT IT-14111521002 and have our registered office at Bangalore,India.For general inquiries, you can find our contact details on our contact us page.If you require technical support for your use of our services, please contact us at info[at]luminate.ai.
Luminate provides users with the ability to leverage semantic technologies to enrich and organize their content. The data we support (referred to as “Data”) includes publicly available datasets as well as data provided by the users in the form of custom vocabularies. The services that we provide, including any support services, are referred to as “our services”.Our pricing policy is detailed on the Pricing page. Depending on use case and demand we might use various partnership models to charge for our services.
CHANGES TO THESE TERMS
We may revise these terms by posting an updated version to this web page to reflect changes in market conditions affecting our business; changes in technology or our business model; changes in relevant laws and regulatory requirements; and changes in our systems.We ask that you check this page from time to time to take notice of any changes we make, as they are binding on you. Registered users of our Service will be informed of changes to these terms by email at least 15 days before the change is to come into effect – if you don’t agree to a change you are able to stop using our Service before the change comes into effect by closing your online account.All users should note the following sections, which give important information on the limits of our service, and you and our liability to each other.
By registering to use our Service you confirm that:
- you are legally capable of entering into binding contracts;
- if you are an individual, you are of legal age as defined by Indian law;
- if you are acting for an organization (such as a company or a partnership), you are authorized to enter into these terms for and on behalf of that organization (in which case, references in these terms to “you” are to that organization, and not you personally);
- by accessing and using our Service, you are complying with all applicable laws and regulations in the country in which you are located.
ACCESSING AND USING OUR API
ACCESS AND REGISTRATION
We restrict access to our Service to users who have registered with us or who have had direct contact with our team.We reserve the right to amend the Service without warning. We will not be liable if for any reason our Service is unavailable for use at any time or for any period except under our Service Level Agreement (see below).We will provide you with a Service Access Key per application registered that will enable you to access our services.Your Service Access Key should be considered private information and should not be shared to any person or organization. In case of any accidental release, you are responsible for its revocation. Failure to abide by these terms may result in the termination of your access to services.
All Service users may access and use our online support materials. Support might be subject to fees and these fees will be set and published on our site. All details sent will remain completely confidential between the user and our support team. Currently, support is provided as part of our service to registered users according to our Plan&Price page.
SERVICE LEVEL AGREEMENT
NATURE OF THE SLA
Our SLA does not cover the performance of the network or the internet as it is measured at the points at which our Service connects to the internet.In particular, this SLA does not cover anything that is beyond our control, including reasonable control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems and denial of service attacks) It also does not cover service levels from our data providers (i.e. DBpedia) or our platform partners.The platform credit that might be offered under this SLA is the exclusive remedy for our Service not being available. If you close your account with any credit available on it, you will lose this credit and no refund will be paid.
We may change, discontinue, or add to this SLA at any time. Registered users of our Service will be informed of this at least 15 days in advance – you are able to close your account before the change comes into effect if you do not agree with it.
We are the owner or the licensee of all intellectual property rights on http://www.luminate.ai (referred to as “our site”,) in the material published on our site, to our services, and in our Service (and this does not include any third party data that is provided with its own licensing terms nor any private data uploaded by our users). Those works are protected by copyright laws and treaties around the world. All rights not granted to you in these terms are reserved.All official luminate software development kits (SDK) are available under the business-friendly license Apache License Version 2.0. Therefore, you are completely free to use the software for any purpose, to distribute it, to modify it, and to distribute modified versions of the software, including closed-source, under the terms of the license, without concern for royalties. Plugins or tools built on top of the SDK are subject to their own licensing terms and conditions.
We may suspend access or use of any portion or all of our site or our services or our API at any time if we decide that: your or another user’s use of our site or our service (i) poses a security risk to us,your or another user’s use of our site or our service (i) poses a security risk to us, you, or another person (ii) may adversely impact our site, our service, our API, the Data, the Data providers, you, or any other person, or (iii) may cause us, you or any other person to incur a liability;you are in breach of these terms or our website terms or the Data license terms;it is required by law.
INTERRUPTION OUTSIDE OF OUR CONTROL
Our Service is partially reliant on Data being provided to us by a number of other people. Our Service may be interrupted by downtime suffered, or caused, by those other people.Additionally, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. This includes but is not limited to any act of God, event, non-happening, omission or accident such as: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of public or private telecommunications networks (including the internet); the acts, decrees, legislation, regulations or restrictions of any government; and the effects of any denial or service attack, virus or other malicious action against our systems.
DATA AVAILABLE THROUGH US: OWNERSHIP
The Data (being data from the feeds available through our site or any dataset available on our platform), is provided to you by us but it belongs to other people. The Data is subject to separate license terms, and may be subject to separate fees.
The Data on our site might be subject to a variety of charging models and related license structures. The price for each dataset (if any) will be as stated on our site. Further details on the charging models and license structure can be found, when available, on the website pricing section of our corporate site.AVAILABILITYIf you breach the license terms for any Data, and that (directly or indirectly) causes us to incur costs or losses or a liability to another person, on demand, you will fully reimburse us for those costs (including legal fees), losses, and liability. We may also terminate your use of any particular Data if you are in breach of the license terms for that Data.COMPLIANCE We will do our best to ensure that our systems are available to accept the datasets in accordance with our service level agreement (see SLA section above), and that we continue to be licensed to provide the dataset to you. However, we cannot guarantee or be held responsible for the availability (or continued availability) of any Data or any dataset.USING DATA You must comply with the Data license terms referred to in these terms at all times (even after you close your account with us).We do not test or screen the Data, we only provide tools for augmenting it through our API. Your use of any Data is at your sole risk. You are fully responsible for the use of all Data that is provided to you, whether that is your own use or use by another person that gains access to the Data through you or your systems.You may not publish online, or distribute to other people, the Data that you obtain through use of our services except to the extent that this is expressly permitted in the relevant Data license terms.
CLOSING YOUR ACCOUNT
CLOSURE BY YOU
You can close your account with us at any time through your online account interface. Once you close your account, the agreement between us for the provision of services to that account, and use of our Service, will end.
CLOSURE BY US
- at any time by giving you 15 days advance warning,
EFFECT OF CLOSING YOUR ACCOUNT
You will not receive any refund if your account is closed by you, or if we close your account for reasons caused by your actions or omissions. We will delete the data related to you after your account is closed, and this information will not be recoverable. It may take up to 90 days for this to be completed as it takes time to work through our systems. We will not be responsible to you for any data that is lost when your account closes. Please note that some code that you input into our systems may not be deleted, and that we may continue to use it in accordance with these terms.
ONCE YOUR ACCOUNT IS CLOSED:
- you will remain responsible for any unpaid fees or other amounts owed to us;
- you must stop using our Service and related material;
- you will not have any future rights under these terms;
- any of these terms that must continue in force to fulfil its purpose will do so and remain binding.
YOUR LIABILITY TO US, AND LIMITS ON OUR LIABILITY TO YOU
We have no liability or responsibility for the Data on our site, or available through our services. Your rights of recourse in respect of the Data are against the licensor of the Data, not us. By using our site and services you agree to avoid committing any illegal activities or infringing any law.You are and will be the sole responsible entity for the contents and data you publish through our site and services. You levy us from any responsibility for any damage direct or indirect caused by the data you published through our site and services and take all responsibility without any restrictions of time and location.The material displayed on our site or through our services (including through our API) is provided without any guarantees, conditions or warranties as to its accuracy. Our site, our services, our API, and the Data, are provided ‘AS IS’. We do not promise that our site, our services, or our API, will be uninterrupted, error-free or completely secure. To the extent permitted by law:
- we exclude responsibility for results obtained from the use of our site, our services, or our API, and for conclusions drawn from such use;
- we exclude all conditions, warranties and other terms that might be implied by law;
- neither you nor we will be liable to the other for any indirect or consequential loss or damage;
- we exclude all liability for your misconduct, tort (including negligence) or breach of these terms.
We will not be liable if we are unable to provide our site, our services, or our API, for any reason that is outside of our reasonable control. Use of our services for any time critical or business critical purposes is at your own risk.The only right of action or recourse that you shall have against us shall be under contract for breach of these terms. You will not be entitled to bring an action against us in tort, for breach of statutory duty, or under any other legal theory. You must comply with all applicable laws and regulations of the country in which you are based. We will not be liable for any breach by you of any such laws, whether or not it is caused by our site, our services, or our API, or the Data.
The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication. When contacting you we will use the telephone, e-mail or postal address you provide to us when registering, or any replacement to those details that you have entered into your account on our site.Any official communication or notice from you to us should be sent to our postal and e-mail addresses shown above in the “about us” paragraph.
If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.
A person who is not party to these terms shall not have any rights under or in connection with them, or otherwise.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose of our contract with you, or any of our rights or obligations arising under it, at any time.
DELAYS IN ENFORCEMENT
If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
LAWS AND DISPUTES
If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration as per the arbitration and conciliation act India. The parties agree that the act, give parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Bangalore, Karnataka, India and shall proceed in accordance with the provisions of the Arbitration and conciliation act 2015. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction (i.e. Karnataka jurisdiction)
This website is provided “as is” without any representations or warranties, express or implied. luminate makes no representations or warranties in relation to this website or the information and materials provided on this website.Without prejudice to the generality of the foregoing paragraph, luminate does not warrant that:
- this website will be constantly available, or available at all;
- or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.]
LIMITATIONS OF LIABILITY
luminate will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss;
- or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if luminate has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit luminate’s liability in respect of any:
- death or personal injury caused by luminate’s negligence;
- fraud or fraudulent misrepresentation on the part of luminate; or matter which it would be illegal or unlawful for luminate to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, luminate has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against luminate’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect luminate’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as luminate.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
OWNERSHIP OF COPYRIGHT
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by luminate [and its licensors].
luminate grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory;
- and print pages from this website for your own [personal and non-commercial] use.
luminate does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without luminate’s prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to the email address above.
ENFORCEMENT OF COPYRIGHT
luminate takes the protection of its copyright very seriously.If luminate discovers that you have used its copyright materials in contravention of the license above, luminate may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.If you become aware of any use of luminate’s copyright materials that contravenes or may contravene the license above, please report this by email or by post to the addresses above.
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to or by post to the addresses above.
STATUS OF LINKING POLICY
luminate welcomes links to this website [made in accordance with the terms of this linking policy]. This linking policy is intended to assist you when linking to this website.
LINKS TO THIS WEBSITE
Links pointing to this website should not be misleading.Appropriate link text should always be used.From time to time the URL structure of this website may be updated, and unless luminate agrees in writing otherwise, all links should point to http://www.luminate.ai You must not use the luminate logo to link to this website (or otherwise) without luminate’s express written permission.You must not link to this website using any inline linking technique.You must not frame the content of this website or use any similar technology in relation to the content of this website.
LINKS FROM THIS WEBSITE
This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.luminate has no control over the contents of third party websites, and we accepts no responsibility for them or for any loss or damage that may arise from your use of them.
REMOVAL OF LINKS
You agree that, should luminate request the deletion of a link to our website that is within your control, you will delete the link promptly. If you would like luminate to remove a link to your website that is included on this website, please contact us using the contact details below. [Note that unless you have a legal right to demand removal, such removal will be at our discretion.]
CHANGES TO THIS LINKING POLICY
luminate may amend this linking policy at any time by publishing a new version on this website.
Should you have any questions about this linking policy, please contact luminate using the details above.