Terms of Service

This website, www.lumyri.com (the “site”), is owned and operated by Lumyri Inc. and our affiliates (“Lumyri”, “we”, “The organization” or “us). These Terms of Service (“Terms”) form a legally binding agreement between you and Lumyri that govern the access and use of services, applications, software, websites, content, data, platforms, APIs or other materials made available to you by Lumyri (“Lumyri Services”). By using Lumyri Services or by clicking to accept these Terms where available to you by Lumyri, you unconditionally accept these Terms. Please read them carefully. If you do not agree to these Terms, you may not use the Services.

1. Authorization and Minimum Age

   • You must be at least 16 years old to use the Lumyri Services.
   • If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.

2. Signing up

   • The Lumyri services require you to register for or authenticate into an account to access them. When using our application program interfaces (APIs), each API request must include one of your account’s API keys.
   • You must carefully guard the security of your account and monitor the use of your API keys. You are responsible for all use of the Services under your account.

3. Our Services

   • Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to: (i) use the Services to develop online services and online, desktop, or mobile applications; (ii) make the Services available to one or more distinct human users that can access any Licensed Application (“End Users”) in connection with their use of your online services and online, desktop, or mobile.

4. Notification

   • You may not allow your End Users or third parties to use the Lumyri Services in any way that would violated these Terms and you agree to take reasonable efforts to prevent such use.
   • You agree to promptly notify Lumyri in writing if you become aware of any misappropriation ou unauthorized use of the Services.

5. Payment

   • You consent to paying all charges incurred as a result of your use of the Lumyri Services, as determined by our records. Except where explicitly prohibited by applicable legislation, all charges are non-refundable. For any sums you owe us, some of which may call for advance payments, we reserve the right to routinely bill your credit card.
   • Any bank fees, interest fees, finance fees, overdraft fees, or other fees arising from charges billed by Lumyri are not our responsibility. Agreements between you and the issuer of your credit card will serve as the foundation for currency conversion settlements.
   • We have not included taxes in our listed prices, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property, and other taxes (as well as any interest and penalties) relating to the transactions and payments made in accordance with these Terms, with the exception of taxes based on our net income, employees, or real estate. You acknowledge that it is your responsibility to assist us in obtaining any required withholding or royalty tax deductions.

6. Feedback

   • You acknowledge and agree that we may freely use and disseminate any and all comments, recommendations, ideas, requests for service enhancements, and other material you send us about the Services.

7. Publicity

   • We are honoured to have you as a client. You hereby give us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable licence to use your trademarks, service marks, and logos to identify you as an ABC client and to advertise and market our services during the duration of this agreement. However, if you would rather we not use your name or logo in a certain manner, please let us know and we will honour your wishes.

8. Account cancellation or suspension

   • Although we would prefer that you stay, you are free to cancel at any moment.
   • The limited licence given to you hereunder automatically ends without notice if you violate any of these Terms, and we reserve the right to cancel or suspend your account without prior notice. You consent to promptly destroying any materials downloaded from the Services after the limited licence expires. Additionally, Lumyri may suspend or terminate your account at any time with 30 days' notice for any cause.
   • Your right to use the Services will end instantly upon termination or suspension. After we terminate or suspend your account, you might not have access to the data you've saved on the website. You are in charge of saving up any data you use with the Services.

9. Changes to services or terms

   • We reserve the right to make changes to these conditions and other conditions governing your use of the Services (such as our privacy policy) at any time by posting the updated Terms on the website. Unless otherwise specified, all changes will take affect right away after being posted on the website. Changes won't be implemented in the past. Please review these Terms frequently for updates; failure to stop using the Services following the effective date of any changes to these Terms will be deemed your binding approval of the updated terms.
   • We reserve the right to modify the Services' features and capabilities, including APIs. You must make sure that any calls or queries you make to the Services are compatible with any current APIs before making them. Although we make every effort to prevent them, backwards incompatible modifications to our APIs may occasionally be necessary. If that occurs, we will make a good faith attempt to let you know before implementing the changes.

10. Indemnification

    You agree to indemnify, and hold harmless Lumyri, its officers, directors, agents, partners, and staff from any claim or demand, including reasonable legal costs, resulting from:

    • Your use of the Services;
    • Your violation of these Terms;
    • Your End Users’ use of the Services in or through an application or service you provide;
    • Content you or your End Users submit, post to, extracts from, or transmit through the Services.

11. Disclaimers

    • “As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    • No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUMYRI DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUMYRI OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
    • Website operation. LUMYRI DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
    • Non-Lumyri content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-LUMYRI CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-LUMYRI CONTENT. UNDER NO CIRCUMSTANCES WILL LUMYRI BE LIABLE FOR OR IN CONNECTION WITH THE NON-LUMYRI CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-LUMYRI CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-LUMYRI CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-LUMYRI CONTENT.
    • Accuracy. LUMYRI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
    • Driving directions. DRIVING CAN BE DANGEROUS, AND USE OF OUR APIS IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR DIRECTIONS API AND OPTIMIZED TRIPS API IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE API, DO NOT RELY ON THE API. YOU AND YOUR USERS MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE. IF YOU USE THE DIRECTIONS API OR OPTIMIZED TRIPS API IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.
    • Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
    • Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

12. Limitation of liability

    • Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL LUMYRI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF LUMYRI OR A LUMYRI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF LUMYRI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO LUMYRI IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.
    • Claim period. YOU AND LUMYRI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO LUMYRI MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Copyright Infringement Notices

    If you believe that your copyrights have been infringed in Lumyri Products you may provide a notice by email with "Copyright Infringement Notice" in the subject line to admin@lumyri.com with the following information:

    • An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Lumyri are covered by a single notification, a representative list of such works from Lumyri;
    • Information reasonably sufficient to permit Lumyri to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14. Additional terms

    • You agree to keep the contact information associated with your Lumyri account current and complete.
    • You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.
    • You may not take any action that improperly decreases the fees that you owe us (e.g., create multiple accounts for the purpose of not exceeding the monthly free usage credits). In the event that we discover any such misuse, you agree that we may (in addition to all other remedies) charge you for all fees that you should have paid if you had not improperly used our Services.
    • Upon written notice to you, we may (or may appoint appoint a nationally recognized certified public accountant or independent auditor to) audit your use of the Lumyri Services to ensure it is in compliance with these Terms. Any audit will be conducted during regular business hours, no more than once per 12-month period and upon at least 30 days’ prior written notice (except where we have reasonable belief that a violation of these Terms has occurred or is occurring), and will not unreasonably interfere with your business activities. You will provide us with reasonable access to the relevant records and facilities.
    • You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lumyri as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and Lumyri other than pursuant to these Terms.