Terms and Conditions
Welcome to Liviku Tech Lab Ltd website (the “Site” or "Platform"). The Site is provided as a service to our customers and end-users. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. By accessing the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age and status to form or enter into a binding contract.
The Terms and Conditions (“License Agreement“) is the legal agreement between you and Liviku Tech Lab Ltd (“Liviku“) with respect to Liviku’s Site and proprietary software ("Software" or “Platform“) licensed to you by Liviku to be used as set forth herein. Please note that the term “you” shall also refer to any authorized end users who have access to any of the data resources used by our Software on your behalf (“End Users“).
ACCESS TO AND USE OF THE SITE
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Liviku grants you and End Users a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the Platform, for the intended purpose to confirm and verify information and the information of other End Users subject to authorisation. The following use requirements set out Liviku’s minimum expectations for your use of the Platform. Violation of these use requirements may result in the suspension or termination of your use of the Platform. Amongst other things, you shall not: hack into the Site, or modify another website to falsely imply that it is associated or affiliated with the Site; damage, disable, overburden, transmit any worms, viruses or any code of a harmful nature, or interfere with any other party’s use and enjoyment of the Site; use the Platform in a manner that could impair, harm or damage Liviku, the Platform or anyone's use of the Platform. use the Platform to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to, or which can be accessed via, the Platform; violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); access or attempt to access any non-public or administrative areas of the Site without our express written permission. Scrape, build databases or otherwise create copies of any data accessed or obtained using the Platform. Use an unreasonable amount of bandwidth or storage, or adversely impact the stability of the Platform or the behavior of the Site; Attempt to evade the limitations Liviku sets on your use of the Platform; Reverse engineer, decompile or disassemble the Site; Use the Platform, or any data obtained using the Platform, to conduct performance testing of any Liviku offering unless expressly permitted by Liviku; Use the Platform, or any data obtained using the Platform, to identify, exploit or publicly disclose any potential security vulnerabilities; Use any data accessed or obtained using the Platform for advertising or marketing purposes unless explicit, written consent and agreement has been provided by Liviku and you. Redistribute or resell, or sublicense access to, the Platform, any data obtained using the Platform, or any Liviku offering; Falsify or alter any unique identifiers in, assigned to you or an End User, in the Site, or otherwise obscure or modify requests to hide a violation of this Agreement; Use the Platform or allow any user to use the Site in a way that violates applicable law, including: Illegal activities Threatening, stalking, defrauding, victimizing or intimidating anyone for any reason. Intending to exploit minors in any way. Violating applicable privacy laws and regulations.
Support. Because the Platform is provided “as is” to End Users, Liviku may not provide support services for the Platform. Liviku may offer free support at its discretion and shall not be construed as being a precedent for offering free support. A paid support plan would provide support to you only.
BY CLICKING “I ACCEPT” AND/OR BY DOWNLOADING, COPYING, INSTALLING THE SOFTWARE ON YOUR PERSONAL COMPUTER OR OTHER DEVICE, AND/OR BY OTHERWISE USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RECOMMEND THAT YOU KEEP A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS.
We may amend this License Agreement at any time by posting the amended terms on our website. Your continued use of the Software shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Software. This Agreement may not be otherwise amended.
Liviku provides access to its Software hosted by itself or any other third party cloud service provider. This License Agreement sets forth the basis on which you are permitted to access and use the Site, Platform, Software and Services. The term “Software” shall include all revisions, improvements, new releases and/or updates that may be made automatically and related documentation all to the extent provided by Liviku under this License Agreement. The words Site, Platform, Software and Services may be used interchangeably, please contact us if you have any concerns.
Privacy
We deeply respect the privacy of your personal information. Please view our Privacy Policy for more information.
Evaluation License
If, within the applicable type of license you purchase an evaluation license is included or you have been using the Site without purchasing a plan, then you are granted a limited, personal, non-exclusive, revocable, non-transferable and non-sublicensable license to install and receive access to the Platform on a personal computer or other device that you own or control (“Authorized Device“) and access (via login and password) and use the Services for the sole purpose of determining whether to purchase a commercial license to the Services. Upon expiration of the evaluation term you shall indicate to Liviku whether you are interested in obtaining a license to use the Services. Under the evaluation license, the Software and Services are provided to you “As Is”, without warranty of any kind, and your sole remedy in case of dissatisfaction shall be to stop using the Services.
Commerical License
To the extent you have purchased a license to use the Services, then, subject to the terms of this License Agreement, Liviku hereby grants you a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable license to install and receive access to the Software on an Authorized Device and access (via login and password) and use the Services for all legal uses contemplated by this License Agreement. The personal login and password should be maintained securely by you from unauthorized use. You shall be solely responsible to ensure that the Software is securely installed and used.
THE SOFTWARE IS LICENSED TO YOU; IT IS NOT SOLD. Other than the rights explicitly granted in this License Agreement, you shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, you agree and undertake not to: (i) sell, lease, sublicense or distribute the Software, or any part thereof, or otherwise transfer the Software; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the Software’s source code and or any third party software provided by Liviku or create any derivative work based on the Software; (iii) modify, revise, enhance, or alter the Software; (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to Liviku; (v) copy or allow copies of the Software to be made except for backup or archival purposes and only throughout the term hereof; (vi) use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time except as required for its proper use and operation; (vii) represent that you possess any proprietary interest in the Software; (viii) use the Software in any illegal manner or for unlawful purposes; (viii) directly or indirectly, take any action to contest Liviku’s intellectual property rights or infringe them in any way. You will indemnify, defend and hold Liviku harmless from all losses, fees and damages suffered by Liviku and arising from your breach of the terms of this Section 4.
Right to Change the Site
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.
Title and Ownership
The Site and Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by Liviku and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by Liviku and/or its licensors.
Consent to Use of Data.
By accepting these terms you acknowledge that you have reviewed and agreed to Liviku’s Privacy Policy available in the following link: https://www.liviku.com/privacy (“Privacy Policy”). When you use the Site and install and use the Software, your device may automatically connect to Liviku’s server to let Liviku know that the Software is successfully installed and enable Liviku to provide the Services. YOU AGREE THAT LIVIKU MAY COLLECT, USE, PROCESS AND SHARE YOUR INFORMATION (INCLUDING PERSONAL INFORMATION), FOR THE PURPOSES SPECIFIED IN THE PRIVACY POLICY.
Third Party Software; Open Source The Software contains proprietary software provided by third parties as well as certain open source software components. Third party proprietary software is provided “AS IS” without warranty of any kind, and subject to the applicable license terms attached to such third party software and if no such terms are attached then, such software is licensed under the terms of this license and accordingly, the restrictions contained in this License Agreement shall apply to such third party proprietary software providers and third party proprietary software as if they were Liviku and the software respectively.
Payment and Fees.
The Services and Software are subject to payment. To subscribe to a paid plan to unlock the features on the Services and Software such a plan allows, you shall pay Liviku the monthly or annual fee (“Fee“) set forth by us. Depending on your jurisdiction you shall determine and pay all taxes or fees associated with your use of the Services. We reserve the right to change our Service offerings from time to time, to amend the scope of Services offered and to offer different Services in different scopes to various customers and end users. Liviku is not responsible for any internet or data or utility fees you may incur. Liviku offers the Service at certain fees on the basis of a particular estimated monthly usage that we believe is fair. If the monthly usage becomes so great such that additional charges or expenses are incurred by Liviku then we reserve the right to bill you accordingly or suspend or terminate Service to you.
Compliance with Law. You undertake to use the Site, Services and Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
Submissions to our Service
Our Site may allow you to submit or post content, including, pictures or feedback. Your use of such features must comply with the Submissions Guidelines below, and if we become aware of materials that violate our Submission Guidelines we will remove them. If you see materials that do not comply with the Submissions Guidelines, please email us at support@liviku.com Except to the extent prohibited by law, you hereby grant Liviku a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and for Liviku internal purposes.
Submissions Guidelines: You may not use the Services to: - post any materials that (i) you do not have permission, right or license to use, or (ii) infringe on the rights of any third party; - submit propriety, trade secret, confidential materials, intellectual property or unsolicited ideas. Such content if submitted automatically becomes the property of Liviku without compensation to you and there is no obligation to keep submissions confidential. - post offensive, unlawful, deceptive, or harmful content; - post personal, private or confidential information belonging to others; - impersonate or misrepresent your affiliation with another person, or entity; - plan or engage in any illegal, fraudulent, or manipulative activity.
We acknowledge and agree that you (or your licensor) retain(s) ownership in any copyright you may have in the Content you submit or upload to any Site, in accordance with the Terms.
Feedback
Liviku is delighted to hear from our users. Please only give specific feedback on Liviku existing services and offerings. The feedback provided is deemed non-confidential and Liviku will use it in any manner we see fit.
Warranty Disclaimer THE SITE, PLATFORM, SOFTWARE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVIKU DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND/OR SERVICES REMAINS WITH YOU. LIVIKU DOES NOT WARRANT THAT THE SOFTWARE AND/OR SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. IT IS CLARIFIED THAT THE CLOUD SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE LICENSED SOFTWARE AND/OR THE SERVICES AND DISCLAIMS ALL WARRANTIES OF ANY KIND.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL LIVIKU OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR FOR DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LIVIKU’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE THE AMOUNTS PAID BY YOU TO LIVIKU UNDER THIS LICENSE AGREEMENT DURING THE 6 MONTHS PRECEDING THE DATE OF THE OCCURRENCE WHICH GAVE RISE TO THE CLAIM EVEN IF LIVIKU HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Term The License shall commence as soon as you have been granted access to the Services and shall be in effect for either a monthly or an annual term, depending on the type of Fees paid as specified in the applicable PO (“Term“). At the end of each applicable Term, this License Agreement may be renewed subject to payment of applicable fees for additional monthly or annual terms. Upon termination or expiration of the applicable Term, your right to use the Software and Services shall immediately cease and you should immediately remove the Software from your Authorized Devices.
Termination. Either party shall have the right to terminate this Agreement if the other party breaches a material term of this License Agreement and such breach is not cured within 30 days following written notice. Termination of the License Agreement shall be in addition to any equitable remedies available to either party. All parts of this License Agreement which by their nature are intended to remain in effect following termination shall survive any termination of this License Agreement. This License Agreement shall constitute the complete and exclusive agreement between the parties and may not be modified except by a written agreement signed by Liviku. LIVIKU’S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. You may not assign this Agreement without Liviku’s prior written approval. Liviku shall be entitled to assign this License Agreement at its discretion. This License Agreement shall be construed and governed in accordance with the laws of Trinidad and Tobago (regardless of its conflict of law provisions) and the competent courts in Trinidad and Tobago shall have exclusive jurisdiction over any dispute arising out of or related to this License Agreement. Failure of Liviku to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. NO ACTION MAY BE COMMENCED UNDER THIS LICENSE AGREEMENT MORE THAN ONE (1) YEAR AFTER A CAUSE OF ACTION HAS ARISEN