USER AGREEMENT
We appreciate your visit to our platform (the "Platform") where you found the link to this User Agreement (the "Platform"), and to our Data Protection Policy (the "Data Protection Policy"). This platform is managed and administered by Lumitex AI and any holding companies, subsidiaries or related entities, all collectively referred to as Lumitex AI. The Platform is our property (collectively referred to as "we", "our", or "us") and you may contact us at any time via email at:
By accessing the Platform or using our products and/or solutions ("Provider Solutions" and collectively with Subscription Solutions, referred to as "Solutions"), you agree to comply with this User Agreement ("Agreement") and our Data Protection Policy. This Agreement includes operational rules, policies, information, and supplementary terms. We reserve the right to modify the Agreement from time to time without notice and at our discretion. It is your responsibility to periodically review this page for updates to the Agreement, which become effective upon publication. Your continued use of the Platform constitutes acceptance of the Agreement.
Please review the full terms of this User Agreement carefully. If you disagree with any part of it, you are not authorized to use the Solutions or the Platform in any way. We reserve the right to deny access to the Solutions and/or the Platform at our sole discretion.
NO FINANCIAL ADVICE
Unless expressly stated otherwise, this platform is not designed for the purpose of providing financial or personal investment advice. The information provided does not take into account your specific investment objectives, financial situation, or investment needs.
You should evaluate whether the information on this platform is appropriate for your specific investment objectives, financial situation, and investment needs. You should do this before making an investment decision based on information provided on or relating to this platform. You may conduct this evaluation yourself or seek the assistance of an independent financial advisor.
Unless expressly stated otherwise, the information on this platform is not a recommendation to invest in financial products or solutions offered by any member of the IG group of companies.
OFFERS AND SOLUTIONS
Not all offers and solutions mentioned on this platform are necessarily provided by us. Identifying or using offers, solutions, platforms, or networks from third parties is not an endorsement of such offers, solutions, platforms, or networks. This platform may enable you to access platforms and networks provided by individuals other than us through a hyperlink or other link.
We do not accept any responsibility or liability for material found on any platform or network not under our direct control. You acknowledge that access to such other platforms or networks through such links may require us to provide certain information about you to the owner of that platform or network. Nothing on this platform is intended, nor should it be interpreted by you, as financial or investment advice from us.
SCOPE AND MODIFICATION
You agree to the terms outlined here regarding your use of our Platform. This Agreement constitutes the entire agreement between you and us, replacing all prior agreements, representations, warranties, and understandings regarding the Platform.
Please note that this Agreement may change periodically. If we modify this Agreement, we will inform you of available choices resulting from such changes. Additionally, we will post a notice indicating the modification. Your continued use of the Platform and/or our Solutions implies your full agreement to comply with the updated terms and conditions effective at that time. It is your responsibility to regularly check this page for updates and/or changes.
ELIGIBILITY
The Platform and our Solutions are available only to individuals eligible to enter legally binding contracts under applicable law. They are not intended for individuals under eighteen (18) years of age. If you are under eighteen (18), you are not permitted to use and/or access the Platform and/or the Solutions.
DESCRIPTION OF THE SOLUTIONS
Subscription Solutions: After registering on the Platform and receiving approval from us, you may obtain, or attempt to obtain, Subscription Solutions either paid or free of charge. These solutions provide email content, text, and other materials (“Subscription Content”) relevant to online marketing from us and from third-party partners (“Third-Party Providers”). This is not investment advice. You understand and agree that we are not responsible or liable for the accuracy, completeness, or appropriateness of the Subscription Content.
Provider and Third-Party Solutions: By completing the registration forms, you may obtain, or attempt to obtain, certain products and/or solutions from the Platform. Product and/or solution descriptions on the Platform may be provided by Third-Party Providers. We do not guarantee the accuracy or completeness of such descriptions. You understand and agree that we are not responsible or liable for your inability to obtain products and/or solutions from the Platform or for any dispute with product sellers, distributors, or third-party providers with whom you may interact in connection with the Platform.
General: To use the Solutions, you must provide accurate Solution Registration Data, and we reserve the right to reject incomplete, fraudulent, or unacceptable data. Unless expressly stated otherwise, any future offers that enhance Platform features will be subject to this Agreement. You agree that we are not responsible for your inability to use and/or qualify for the Solutions and for any modification, suspension, or discontinuation.
INTELLECTUAL PROPERTY RIGHTS
The Platform, the Content, and the Solutions, including organization, graphics, design, compilation, software, and other elements, are protected under copyrights, trademarks, and other applicable intellectual property rights. Reproducing, redistributing, or selling any part of the Platform, Content, and/or Solutions is strictly prohibited. Retrieving material through automated means or scraping for any purpose without written authorization is prohibited. You do not acquire ownership rights to any content, document, software, solutions, or materials on the Platform. Our name, logo, graphics, icons, and solution names are trademarks. Unauthorized use of any trademark is strictly prohibited.
PROPRIETARY INFORMATION
Proprietary information refers to confidential information identified as such and excludes publicly known information, pre-existing knowledge, independently developed information, or information received from an external party without disclosure restrictions. The duty to protect proprietary information expires one (1) year after termination.
HYPERLINKING TO THE PLATFORM, CO-BRANDING, “FRAMING,” AND/OR REFERENCING THE PLATFORM PROHIBITED
Hyperlinking the Platform or any part of it to another platform without our express authorization is prohibited. “Framing” the Platform or referencing the Uniform Resource Locator (“URL”) without our written permission is strictly prohibited. Cooperation is required to remove such content or activity, and you are responsible for any associated damages.
MODIFICATION, REMOVAL, AND ALTERATION
We reserve the right to modify and/or remove any document, information, or content on the Platform without notice.
DISCLAIMER
THE PLATFORM, THE SOLUTIONS, THE CONTENT, AND ANY THIRD-PARTY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL WARRANTIES, EXPRESS AND IMPLIED, DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE PLATFORM, THE SOLUTIONS, THE CONTENT, AND/OR THIRD-PARTY PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING FROM THE INABILITY TO USE THE PLATFORM, THE SOLUTIONS, THE CONTENT, AND/OR THIRD-PARTY PRODUCTS. THE PLATFORM MAY CONTAIN BUGS, ERRORS, OR LIMITATIONS, AND WE ARE NOT RESPONSIBLE FOR INTERNET CONNECTION AVAILABILITY.
LIMITATION OF LIABILITY
WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. YOU RELEASE US AND OUR THIRD-PARTY PROVIDERS FROM OBLIGATIONS, LIABILITIES, AND CLAIMS BEYOND THE LIMITATION SET FORTH. IF APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION, OUR MAXIMUM LIABILITY IN ANY CIRCUMSTANCE SHALL BE FIVE HUNDRED DOLLARS ($500.00).
INDEMNIFICATION
You agree to indemnify and hold us, our partners, subsidiaries, affiliates, and their respective members, officers, directors, employees, agents, and partners harmless from any claim, expense, damage, cause of action, cost, demand, and/or judgment made by any external party due to or arising from your use of the Platform, Solutions, or Content; your violation of this Agreement; and/or your violation of another individual’s and/or entity’s rights.
THIRD-PARTY PLATFORMS
The Platform may provide links to other Internet platforms and/or resources owned by Third-Party Providers. We are not responsible for the availability of such third-party platforms and/or resources, nor for their contents, and we do not endorse or assume responsibility for their terms, privacy policies, content, advertising, solutions, products, or materials.
DATA PROTECTION NOTICE/VISITOR INFORMATION
Your use of the Platform and all comments, feedback, information, Registration Data, and/or materials submitted are subject to our Data Protection Policy. We reserve the right to use information regarding your use of the Platform and personally identifiable information in accordance with our Data Protection Policy and applicable data protection laws.
LEGAL WARNING
Any attempt to damage, destroy, tamper with, vandalize, or interfere with the operation of the Platform is a violation of criminal and civil law. We will pursue remedies against any offending individual or entity to the fullest extent permitted at law and in equity.
CHOICE OF LAW AND FORUM
This Agreement is governed by and interpreted in accordance with the laws of the United Kingdom. The Parties will attempt to negotiate in good faith a settlement for any claim or dispute arising from or relating to this User Agreement amicably. If the Parties cannot agree on terms, the dispute shall be submitted exclusively to confidential arbitration proceedings before a single arbitrator in London under ICC rules, whose award shall be final and binding. No party shall file a claim with its local court of domicile or any other forum.
DATA PROTECTION ADDENDUM
This Data Protection Addendum is part of our User Agreement. Terms used here have meanings specified in this Addendum. Except as modified below, the Agreement remains in full force and effect.
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Definitions
- Applicable Laws: EU or Member State laws concerning Personal Data subject to EU Data Protection Laws and other applicable laws for Personal Data subject to other Data Protection Laws.
- Controller: Entity that determines the purposes and means of processing Personal Data.
- Data Protection Laws: EU Data Protection Laws and data protection or privacy laws of any other country.
- EU Data Protection Laws: EU Directive 95/46/EC, GDPR, and related laws.
- GDPR: EU General Data Protection Regulation 2016/679.
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Collection and Processing of Personal Data
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We agree to comply with all applicable Data Protection Laws in Processing Personal Data.
- We represent and warrant that we have the necessary permissions and consents from data subjects to legally permit the collection, processing, and sharing of Personal Data through the Solutions in accordance with Applicable Laws.
- We will maintain a mechanism to obtain and withdraw consent, in accordance with Applicable Laws, and a publicly available privacy policy.
- We acknowledge that we do not provide Solutions to children under eighteen (18) years of age.
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We agree to comply with all applicable Data Protection Laws in Processing Personal Data.
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Security
- We will implement appropriate technical and organizational security measures in accordance with Article 32(1) of the GDPR.
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Sub-processing
- You authorize us to appoint Sub-processors and we warrant written contracts with the Sub-processors that provide the same level of protection for Personal Data as set out in this Addendum and meet GDPR requirements.
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Data Subject Rights
- We will assist in responding to Data Subject rights requests under the Data Protection Laws, taking into account the nature of the Processing.
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Personal Data Breach
- We will promptly inform the affected Data Subjects when we become aware of a Personal Data Breach, assisting in the investigation, mitigation, and remediation.
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General Terms
- Disputes or claims arising from this Agreement are subject to the jurisdiction stipulated herein. If any provision is invalid, the remainder will remain valid.
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Changes
- Changes to this Agreement may be made from time to time at our sole discretion.
By accepting this User Agreement, you acknowledge that you have read, understood, and agree to be bound by all the terms set out above. Your continued use of the Platform and the Solutions constitutes acceptance of these terms. If you have questions or concerns, please contact us at