Terms of Service

Last Updated: December 2024

Acceptance of Terms

By accessing, browsing, or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services. These Terms constitute a legally binding agreement between you and lumixia B.V.

Company Information

Description of Services

lumixia provides artificial intelligence solutions and services, including but not limited to:

• Machine learning and AI development services
• Intelligent automation solutions
• Predictive analytics and data science services
• AI consulting and strategy development
• Custom software development
• Technical support and maintenance

User Obligations

When using our services, you agree to:

• Provide accurate and complete information
• Use our services only for lawful purposes
• Not interfere with or disrupt our services
• Respect the intellectual property rights of others
• Comply with all applicable laws and regulations
• Maintain the confidentiality of any login credentials
• Not attempt to gain unauthorised access to our systems

Prohibited Uses

You may not use our services for:

• Any illegal or unauthorised purpose
• Transmitting harmful or malicious code
• Collecting personal information without consent
• Impersonating any person or entity
• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Creating competing services using our technology

Intellectual Property

All content, features, and functionality of our services, including but not limited to software, text, graphics, logos, and designs, are owned by lumixia B.V. or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to use our services for their intended purpose. You may not reproduce, distribute, modify, or create derivative works based on our intellectual property without our express written permission.

Client Data and Confidentiality

We understand that you may provide us with confidential information in connection with our services. We commit to:

• Maintaining strict confidentiality of your data
• Using your data only for providing our services
• Implementing appropriate security measures
• Complying with applicable data protection laws
• Not disclosing your data to unauthorised third parties

Payment Terms

Payment terms for our services will be specified in separate service agreements or invoices. Generally:

• Payments are due within 30 days of invoice date
• All fees are exclusive of applicable taxes
• Late payments may incur additional charges
• We reserve the right to suspend services for non-payment
• Refunds are subject to our refund policy

Service Availability

While we strive to provide reliable services, we do not guarantee uninterrupted availability. We may perform maintenance, updates, or experience technical issues that temporarily affect service availability. We will make reasonable efforts to minimise disruptions and provide advance notice when possible.

Limitation of Liability

To the fullest extent permitted by law, lumixia B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from:

• Your use or inability to use our services
• Any errors or omissions in our services
• Any unauthorised access to your data
• Any interruption or cessation of our services
• Any third-party content or services

Our total liability to you for all claims arising from these Terms or our services shall not exceed the amount paid by you to lumixia in the twelve months preceding the claim.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or completely secure.

Indemnification

You agree to indemnify, defend, and hold harmless lumixia B.V., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of our services, violation of these Terms, or infringement of any rights of another party.

Termination

Either party may terminate these Terms and your access to our services:

• At any time with written notice
• Immediately for breach of these Terms
• If required by law or court order
• For non-payment of fees

Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination will remain in effect, including intellectual property rights, limitation of liability, and governing law clauses.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using our services, you consent to our collection and use of your information as described in the Privacy Policy.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after any changes constitutes acceptance of the new Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts of the Netherlands, specifically the courts of The Hague.

Dispute Resolution

Before initiating any legal proceedings, we encourage you to contact us to resolve any disputes informally. If informal resolution is not possible, any disputes will be resolved through the Dutch court system. For EU residents, you may also have access to online dispute resolution platforms provided by the European Commission.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and lumixia B.V. regarding your use of our services and supersede all prior or contemporaneous communications and proposals.

Contact Information

If you have any questions about these Terms, please contact us: