Terms & Conditions

Overview

The website lumofy.ai (the "website") is managed by Lumofy Digital Solutions, a company registered at Office 803, Sixty Offices, Building no 1848, Road 5133, Block 351, Burhama, Kingdom of Bahrain (doing business as "Lumofy" or the "Company"). Throughout the present document, the terms "we", "us", "Lumofy" and "our" refer to Lumofy Digital Solutions, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and Notices stated here. The present Terms and Conditions are to be viewed as a whole, together with our Privacy Policy document. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website.

Authority and Capacity

The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

Disclaimer

To the maximum extent permitted by applicable law, nothing in this document will limit or exclude your liability or misinterpretation of the information presented on the website, nor limit any of your liabilities in any way that is not permitted under applicable law. The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.

Section One – Definitions

"User" means the person who made the purchase and payment of a service. "Registration" or "register" means the procedure of creating a user account on our website. "Purchase" means the preliminary contract under which a buyer and Lumofy give their consent to the subsequent phase of signing a contract and definitive payment of the amount of the service purchased. "Membership" means the status obtained by a user after having made at least one purchase. "Service provider" means a freelancer or third party that provides specific services directly to the users. "Provider services" means the services provided by the third-party service providers, contracted by the users according to their choice.

Section Two – Website Terms

The website works as a presentation portal for our wide range of L&D tech services. Upon your request we will contact you and set up a preliminary meeting with the relevant departments within your corporation in order to gather the necessary information about your training requirements. For optimal use of our services, any information or material provided to us through the website must be truthful, accurate, up-to-date, legitimate and not fraudulent. Failure to comply with this obligation will result in account suspension.

Section Three – Service Terms

Lumofy is an aggregated L&D solution for forward thinking organizations that are eager to change and align their employees' growth with business objectives. We collaborate with the user to diagnose its organizational behavior and define the needs and challenges through our psychometric assessment library. We then create learning experiences that are relevant, timely and bilingual when and where needed through all devices. We also provide real time monitoring and reporting mechanisms that will help you analyze progress, proficiency and engagement of your organizational growth. Any type of misrepresentation of our services will be considered a breach of contract and will result in immediate termination of services without prior notice.

Section Four – Service Packages

The users have many options regarding the provider services, and we ensure that the offers will be tailored to best suit their requirements. We reserve the right to stop offering user support and service updates to anyone for any reason at any time. A breach or violation of any of the terms will result in an immediate termination of our services. Lumofy is the only entity with full administrative access to the services.

Section Five – Service Disclaimer

The services are made available online to our users through the lumofy.ai website and are provided "as is". Lumofy provides no warranties whatsoever, of any kind, be they expressed or implied. Furthermore, Lumofy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services. We reserve the right to limit access to our services to any entity, on any geographic region or jurisdiction. We reserve the right to discontinue any service at any time.

Section Six – Registration

Registration and purchase of the available services are permitted to any company who wishes to conclude legally binding contracts in accordance with its national and international legislation. Registration on the website is intended exclusively for B2B use. The registered user will not be able to authorize third parties to use their membership on this website, nor to buy other services through their account. Packages once purchased cannot be refunded. The user should always verify that the entered data is correct before purchasing a service.

Section Seven – Account Information, Billing, and Payments

Billing and payments will be agreed upon for each service or group of services, by signing of separate agreements containing all the specific clauses. Payments are mainly operated by bank transfer, upon user's receipt of the invoice.

We reserve the right to refuse any order placed with us. You agree to provide current, complete and accurate purchase and payment information for all payments made. We also reserve the right to suspend the subscription, registration and/or purchase of one or more services if the user does not fulfill any rule necessary for the correct use of the website, or does not make payments due in the correct timing.

In case of credit/debit card payments, you understand that we will use third party payment processors. Credit/debit card information is always encrypted during transfer over networks. Prices are exclusive of all current and future taxes. If any taxes are found to be applicable, they will be invoiced to, and paid by, the user.

Section Eight – Contractual Relationship

Our role is to offer as many services as possible to as many companies as possible. Lumofy is to be viewed as a partner to the user, a service provider, not an employee. All payments are non-refundable.

Section Nine – License Agreement

In consideration of user's payment for the provided services, Lumofy hereby grants to user a non-exclusive, non-transferable, revocable, limited right during the term of the service to access and use the system for its internal business purposes and to permit end-users to access and use the system for user purposes (and not for resale or distribution).

User shall not sell, lease, assign, sublicense or otherwise transfer any of the rights contained in the usage without the prior written consent of Lumofy. User shall not modify, adapt, decompile, translate, disassemble, reverse engineer, make derivative works of, or otherwise attempt to derive the source code for the system.

User hereby authorizes Lumofy to use third-party services on user's behalf. The term of this authorization commences on the effective date and terminates upon the termination of this agreement. No additional third-party services will be connected to user's system without the user's prior approval.

Third-party products and services are provided by third-party service providers. The company provides an electronic web-based platform for exchanging information and concluding B2B transactions. Payments are conducted offline by terms set on a separate agreement between parties. The user agrees that Lumofy shall not be liable for any damages arising as a result of or in connection with any contractual transaction.

Section Ten – Cancellation and Suspension

If the user decides to cancel their membership, they must make a specific request using the contact forms and details found on their user account or request this to their system administrator. We reserve the right to suspend, refuse or cancel the registration of any user who undertakes fraudulent activity. In case of refusal, suspension or cancellation for non-compliance, the user will no longer be able to purchase new services or subscribe new users to the purchased services. Already made payments are not refundable. When the services are terminated, all data and copies of such data will be deleted from Lumofy's servers in accordance with our data retention policy, or as per the applicable laws.

Section Eleven – Settlement of Disputes

Users can open a dispute in relation to a purchased service through the appropriate mail procedure. The user is required to indicate in detail the reasons underlying the opening of the dispute. The company will draw up a solution upon receiving the dispute. The user is required to provide all information useful for assessing the incident within 3 working days from the moment they are requested. The operators of the website will issue an impartial judgment on the dispute within 30 days from the collection of the information.

Section Twelve – Intellectual Property

Lumofy and its third-party service providers exclusively own all rights, title and interest in and to the system and the services provided, and any associated documentation, content, and deliverables, and all intellectual property rights therein. The user's possession, access, and use of our services do not transfer any rights, title, or interest in or to such intellectual property rights. In the eventuality that the user uploads proprietary content to the Lumofy platform, they will keep their intellectual property over it. Users must not, without prior written consent from Lumofy, republish, sell, rent, reproduce, duplicate, copy or redistribute content from lumofy.ai.

Section Thirteen – Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

Section Fourteen – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

Section Fifteen – Service Level Covenant

The purpose of this section is to provide an agreement between us (or the third-party service provider) and the user as to what constitutes acceptable service in quantifiable and measurable terms.

The service provider will make reasonable efforts to ensure that the software is running uninterrupted throughout the duration of this agreement, excluding reasonable downtime periods required for maintenance, upgrades and security modifications. The company will notify the user prior to any scheduled maintenance, security or upgrade work.

Our responsibilities: we will provide the services and support as defined in this document; deal with your requests in a consistent and fair manner; and communicate honestly and openly with you about the progress of our services.

Your obligations: follow the guidance contained in our services and use them in the way intended; provide timely and good quality information when required; help with prioritizing your requests; make time to test and approve changes; provide at least 2 working days notice of any activity that is likely to affect our ability to provide our services; and ensure that your employees are aware of their obligations. The corporate user as signing party is solely responsible for any type of breach of agreement.

Section Sixteen – Prohibited Uses

You may not use our services for any illegal or unauthorized purposes. You are prohibited from using the site or its content for any unlawful purpose; to solicit others to participate in any unlawful acts; to violate any regulations, rules, or laws; to infringe upon intellectual property rights; to harass, abuse, insult, harm, defame, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload viruses or malicious code; to collect personal information of others; or to interfere with the security features of the service. We reserve the right to terminate your use of the service for violating any of these prohibited uses.

Section Seventeen – Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. The service and all services delivered to you are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind. In no case shall Lumofy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages.

Section Eighteen – Indemnification

You agree to indemnify, defend and hold harmless Lumofy and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of a third-party.

Section Nineteen – Severability

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section Twenty – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services. If in our sole judgment you fail to comply with any term or provision of these terms and conditions, we may also terminate this agreement at any time without notice.

Section Twenty One – Entire Agreement

The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Section Twenty Two – Governing Law

These terms and conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain and any applicable international laws.

Section Twenty Three – Changes to Terms

You can review the most current version of the terms and conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. Your continued use of or access to our website or the service following the posting of any changes constitutes acceptance of those changes.

Section Twenty Four – Contact Information

Questions about the terms and conditions should be sent to us at ask@lumofy.com.