End User License Agreement (EULA)


THIS END USER LICENSE AGREEMENT, TOGETHER WITH THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE TO THIS END USER LICENSE AGREEMENT, SET FORTH THE LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (AN INDIVIDUAL) AND LUMINATI . ("LUMINATI " OR "US", OR "OUR" OR "WE"); THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF, THE LUMINATI SOFTWARE ("SOFTWARE"), THE LUMINATI SDK AS INCORPORATED IN OTHER SOFTWARES OR SERVICES, THE LUMINATI LIMITED WEBSITES ("SITE") AND ANY ACCOMPANYING SERVICES, FEATURES, CONTENT AND APPLICATIONS ("FEATURES") OFFERED BY US (ALL COLLECTIVELY REFERRED HEREIN AS THE "SERVICES"). PLEASE READ THESE TERMS CAREFULLY IF YOU WISH TO USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. YOUR USE OF THE SERVICES IS UNDER LICENSE AS SET FORTH IN THESE TERMS. LUMINATI RESERVES ALL RIGHTS IN THE SERVICES INCLUDING ANY RIGHT WHICH IS NOT EXPRESSLY PROVIDED IN THIS AGREEMENT. BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT USE THEM FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE.

Privacy

We value your privacy and take efforts to protect it. Please see our Privacy policy to know more about our data collection and usage practices.

Your Use of the Services

We reserve the right, at our sole discretion, to change, modify, add, or delete any of the terms and conditions of this Agreement or any portion thereof at any time including without limitation the availability of any Features. Your continued use of the Service following any revision of the Services or this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree to be bound by the amended Agreement, you may not use or access (or continue to use or access) the Services.

Proprietary Rights

The Software, Site and Features including any versions, revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, services and any copies you are permitted to make under this Agreement are owned by us or our licensors and are protected under intellectual property laws, including copyright laws and treaties.

You acknowledge that all right, title, and interest in and to the Software, Site and Features and associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in or attached or connected or related to the Software, Site and Features are and shall remain owned solely by us or our licensors. This Agreement does not convey to you any interest in or to the Software, Site or Features, or any of the Services, but only a limited, revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any law. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any law.

The Luminati logos and trademarks are our trademarks and no right, license, or interest in any such trademarks is granted hereunder.

Automatic Software Updates and Upgrades

The Software is automatically updated or upgraded at our discretion and without any action on your part. The updates and upgrades may include error corrections, bug fixes, updates, upgrades, software compatibility components, security updates and new features or functionalities. The updates or upgrades will be deemed part of the Software, and will be subjected to the terms of this Agreement, unless the updates or upgrades are expressly provided subject to a separate agreement. We reserve the right to change, modify or alter the Software or the Services, or any portion of them (including their names, title, logo or design) and/or to completely cease providing the Services in our sole discretion.

Resource utilization

By using the Services you agree that some of your network connection and resources will be utilized by Luminati. Note that Luminati will make its best effort not to enable any use of your device's resources, unless your resources are at that time idle and have at least 60% battery power. Luminati will not use more than 5% of the user's total cell data plan usage, and will always prefer to use WiFi. Luminati maintains the highest levels of privacy and security. You represent that your entry into this Agreement and your use of the Services does not breach any contract, duty, law, regulation or right, and that if sharing your resources is not desirable or allowed in your case, you will not use the Services or to use the network but not to contribute resources to it.

Beta program

You acknowledge that the Services are still in beta stage and therefore you may encounter bugs and/or limited functionality.

Third Party Websites and Content

You should review the applicable terms and policies, including privacy and data collection practices of any Third Party Site.

Warranty Disclaimers

THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND (INCLUDING SUPPORT OR OTHER SERVICES BY US OR OUR LICENSORS).YOU AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR SERVICES: (A) WILL BE ERROR OR DEFECT FREE OR OTHERWISE FREE FROM ANY INTERRUPTIONS OR OTHER FAILURES; (B) WILL MEET YOUR REQUIREMENTS; OR (C) THAT ANY ERROR WILL BE IMMEDIATELY FIXED; WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ANY USER CONTENT) OR TO ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY PORTION OR COMPONENT OF EITHER AND ASSUME NO LIABILITY OR RESPONSIBILITY AND DISCLAIM ALL WARRANTIES FOR ANY (I) PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS (II) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR SERVICES, (III) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR TO ANY THIRD PARTY SITE, (IV) ANY UNAUTHORIZED ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR (VIII) ANY USER CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICES, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICES.

Limitation of Liability

IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

Indemnification

You hereby agree to indemnify, defend and hold us, our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site or Services, any use or alleged use of your account or your password by any person, whether or not authorized by you, your violation or breach of this Agreement or your violation of the rights of any other person or entity.

Term and Termination

This Agreement becomes effective upon the earlier of your access to the Services or installation of the Software until terminated by either you or us (the "Term"). You may terminate your relationship with us at any time by completely uninstalling the Software. Your failure to comply with the terms and conditions of this Agreement or any other agreement you have with us will terminate your license and this Agreement. Upon termination of this Agreement the license granted to you shall automatically expire and you shall discontinue all further use of the Software and Services.

We have the right to take any of the following actions in our sole discretion at any time without any prior notice to you:
  • Restrict, deactivate, suspend, or terminate your access to the Services, including deleting your accounts and all related information and files contained in your account;
  • Refuse, move, or remove any material that is available on or through the Services;
  • Establish additional general practices and limits concerning use of the Services.

We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) your breach or violation of this Agreement, (b) requests by law enforcement authority or other governmental agency, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.

Compliance with Law & Export Control

The Software is intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and 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 restrictions, laws 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 under US or other applicable law.

General

  • Entire Agreement; This Agreement, including the policies you may be referred to in the Agreement, constitute the entire agreement between you and us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
  • Notifications; We may be required by applicable law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or through the Services or delivering them to you via email. You may update your email address through the Services where you have provided us with your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. If you are a resident of the State of California, U.S.A., you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
  • Assignment; You agree that this Agreement and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights under this Agreement.
  • Governing Law; The Agreement and the relationship between you and Luminati shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Agreement or your use of, or inability to use, the Site or Services shall be filed exclusively in the competent courts of Tel Aviv-Yafo and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. In this Agreement, there shall be no third party beneficiaries to this Agreement.
  • No waiver; The failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact us:

For any question you may contact us at: info@luminati.io.

Copyright 2017 Luminati Limited. All rights reserved. Use of the Services constitutes acceptance of Luminati Terms of Use and Privacy Notice