Effective: Aug 13, 2024
These Terms of Service (these “Terms”, the “Terms of Service”) apply to your access to and use of the website located at www.lamini.ai (collectively, the “Site”). The Site is developed, administered, and offered by Lamini Inc. (“Lamini”, “we”,“us”, or “our”).
By clicking your consent or by using the Site, you are agreeing to be bound by these Terms. These Terms apply to all visitors, users and others who access or use the Site. Lamini reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Site. Certain features of the Site may be subject to additional terms, which will be published on the Site in connection with such features. [Access and use of Lamini’s software-as-a-service product is governed by a Master Subscription Agreement, or other applicable agreement, between you and Lamini, and not these Terms.]
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to the Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.
You may not access or use the site or accept these Terms if you are not at least eighteen (18) years old. In addition, you may not use the Site and may not accept the Terms of Service if: (a) you are a person barred from accessing or using the Site under the applicable laws of the United States or any other country, including the country in which you are resident, or from which you access the Site; or (b) Your Account (as defined below) (including any alternative Account controlled by you) is suspended, terminated, or otherwise is not in good standing.
You may need to register for an account (an “Account”) to access some or all of the Site. You consent to Lamini collecting and using your email address and any other information you provide to create your Account. If there are any changes to the information you provide us, you must notify us of those changes and keep your information accurate, complete, and up-to-date at all times. You agree not to share, transfer, or sell your Account and be responsible for all activities on your Account. You agree not to share your Account or password with anyone else.
Lamini grants you, subject to your complete and ongoing compliance with the Terms, a non-exclusive, non-transferable, non-sublicensable, revocable license solely to access and use the Site for your own personal, noncommercial use.
Lamini does not grant you any rights owned by its licensors (including any advertisers, affiliates, and partners) or third-party software governed by its own terms (e.g., open source software). Lamini and any of our licensors reserve all rights, title, and interest not expressly granted under the Terms, and it is your responsibility to comply with any applicable third-party or open source license terms. All rights not expressly granted to you in this section are reserved by Lamini.
You agree to refrain from utilizing the Site in any way that could potentially result in damage to the Site or compromise its availability and accessibility. Furthermore, you agree not to engage in any unlawful, illegal, fraudulent, or harmful activities through the Site, including but not limited to acts of hate, harassment, violence, political manipulation, spam, or malware. In addition, you agree that any and all information, data and content that you may upload, post, input, submit, or use with the Site (collectively, “User Content”) will not include any inappropriate content. Inappropriate content includes, but is not limited to:
You hereby agree to refrain from conducting any systematic or automated data collection activities, including scraping, datamining, extraction, or harvesting, either on or in relation to the Site. Such prohibited activities include, but are not limited to, utilizing the Site as an input for other services, websites, or databases. Additionally, you agree not to republish any content generated by the Site without clearly acknowledging its source and the associated context. Any misrepresentation of the content's origin or the nature of its creation is strictly prohibited.
Lamini reserves the right to remove any User Content, terminate an Account, or otherwise restrict access to the Site to ensure compliance with these Terms.
The Site may allow you to upload, submit, store, send or receive User Content.
You acknowledge that you are solely responsible for all User Content that you upload, post, email, transmit, or otherwise make accessible through the Service, whether shared publicly or transmitted privately. You will comply with any requirements or restrictions imposed on usage of User Content by their respective owners, which may include “all rights reserved” notices, Creative Commons licenses, or other terms and conditions that may be agreed upon between you and the owners. Lamini exercises no control over the User Content posted through the Site and, therefore, cannot guarantee its accuracy, integrity, or quality. You understand that by using the Site, you may encounter Content that is offensive, inappropriate, or objectionable. Lamini shall not be held liable in any way for any content, including but not limited to any errors or omissions within content, or any losses or damages incurred as a result of using any content shared, emailed, transmitted, or otherwise made accessible through the Site.
You consent to assess and assume all risks associated with using any User Content, including any reliance on its accuracy, comprehensiveness, or usefulness. In this context, you acknowledge that you cannot rely on any User Content generated by or submitted to the Service. By using the Site you release and hold harmless Lamini from any and all liability arising from your use of any third party website or service. Any interactions with other users of the Site are solely between you and such other users and Lamini is not responsible for any loss or damage that may result from such interactions, and Lamini is not under any obligation to become involved in any dispute between users of the Site unless there is a violation of these Terms or our Privacy Policy. In the event of any dispute between you and any other user of the Site, you hereby release Lamini, its officers, employees, agents, and successors from claims, demands, damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his, her, or its favor at the time of executing the release, and that, if known by him must have materially affected his settlement with the debtor or releasing party.”
You acknowledge and agree that Lamini may retain User Content and, if legally obligated, may disclose User Content as well.
You retain your ownership of any intellectual property rights to any User Content that belongs to you and is posted, uploaded, or otherwise made available using the Site.
Unless otherwise agreed in writing, by submitting, uploading, sending, displaying content on or through the Site, you grant us (and those we work with) a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, store, host, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform, publicly display your content to the extent reasonably necessary to operate the Site. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Site, products, and services. You hereby represent that you have the necessary rights to grant us this license for any User Content that you submit to the Site.
Lamini acknowledges and respects the intellectual property rights of all individuals and entities, and expects the same level of respect from all users of our Site. Any unauthorized attempts to reverse engineer, duplicate, replicate, or illegally acquire intellectual property associated with the Site will not be tolerated and may lead to legal actions.
If you provide Lamini with any feedback or suggestions regarding the Site or any content on the Site (“Feedback”), you hereby assign to Lamini all rights in such Feedback and agree that Lamini shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate without attribution, accounting, or compensation to you. Lamini will treat any Feedback you provide to Lamini as non-confidential and non-proprietary. You agree that you will not submit to Lamini any information or ideas that you consider to be confidential or proprietary.
Lamini reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Lamini, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Lamini will remove infringing materials in accordance with the DMCA if properly notified that such content infringes another person’s copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Lamini by sending a Copyright Infringement Notification Requirement email to legal@lamini.ai. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you believe that your work has been removed or disabled by mistake or misidentification, please notify Lamini by sending a Counter Notification email to legal@lamini.ai. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
Under the U.S. Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
In no circumstances shall Lamini, nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to losses of profits, data, usage, goodwill, or other intangible losses, arising from: (i) your access to or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; or (iv) unauthorized access, usage, or modification of your transmissions or content. This applies regardless of whether the liability is based on warranty, contract, tort (including negligence), or any other legal theory. Even if we have been informed of the possibility of such damage and a remedy specified here fails to achieve its intended purpose, we shall not be held accountable.
You are responsible for ensuring that your use of the Site complies with all local laws and regulations of your jurisdiction. Accessing Site in a manner that violates local laws may result in termination of your Account and access to the Site.
Your use of the Site is at your sole risk. You acknowledge that our Site, along with any User Content, are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties or merchantability, fitness for a particular purpose, non-infringement or course of performance.
Lamini, its subsidiaries, affiliated companies, and licensors do not guarantee that: a) the Site will operate without interruption, be secure, or be available at any specific time or location; b) any errors or defects will be rectified; c) the Site is devoid of viruses or other potentially harmful elements; or d) the results of using the Site will meet your requirements.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Lamini, and its employees, officers, directors, agents, partners, from and against any losses, liabilities, claims, demands, damages, expenses or costs resulting from or arising out of a) your use and access to the Site, whether by you or any individual using your account and password; b) any violation of these Terms; or c) the User Content uploaded or posted on the Site.
We may make changes to these Terms from time to time. If a revision is deemed significant, we will endeavor to provide a notice of at least 30 days prior to the implementation of any new terms. The decision regarding what qualifies as a material change will rest solely with us.
After modification, we will post the revised Terms and update the “Last updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Site.
You’re free to stop using our Site at any time. We reserve the right to suspend or terminate your access to the Site with or without notice.
If you have any questions about these Terms, please contact us at legal@lamini.ai.
