Terms & Conditions.

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Last update

July 12, 2018.

Welcome

Thank you for using LukyLab website and our chatbot! We're happy you're here. Please read this Terms and Conditions agreement carefully before accessing or using our website and chatbot, because it is important you understand what are the conditions, requirements and limitations when using our products and services.

Introduction

The operator of this website and the chatbot is LukyLab s.r.o., Tržiště 366/13, 118 00 Praha 1, Czech Republic. We try to make our Service up to date, secure and accurate, but we can make no warranties about this. When you use our Service, you do so at your own risk.

Definitions

We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.


The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms and Conditions" or the "Terms") and all other operating rules, policies (including the Privacy Policy) and procedures that we may publish from time to time on the Website.


The “Service” refers to the chatbots, applications, software, products, and services provided by LukyLab.


The “Website” refers to LukyLab’s website located at lukylab.com, and all content, services, and products provided by LukyLab at or through the Website. It also refers to LukyLab-owned subdomains of lukylab.com. Occasionally, websites owned by LukyLab may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.


“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service. A User must be at least 18 years of age. Special terms may apply for business or government Accounts.


“LukyLab,” “We,” and “Us” refer to LukyLab s.r.o., Tržiště 366/13, 118 00 Praha 1, Czech Republic, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.


“Content” refers to content featured or displayed through the Website, including without limitation text, chats, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services.


“User-Generated Content” is Content, written or otherwise, created or uploaded by our Users.


"Your Content" is Content that you create or own.


An "Account" represents your legal relationship with LukyLab. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity for LukyLab.

Acceptable Use Policy

While using the Service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the Service, and other limitations.


Compliance with Laws and Regulations

Your use of the Website and the Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.


Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that is unlawful or promotes unlawful activities; is or contains sexually obscene content; is libelous, defamatory, or fraudulent; is discriminatory or abusive toward any individual or group; contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.


Conduct Restrictions

While using Website and Service, you agree that you will not under any circumstances harass, abuse, threaten, or incite violence towards any individual or group, including LukyLab employees, officers, and agents, or other LukyLab Users; use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes; attempt to disrupt or tamper with LukyLab's servers in ways that could harm our Website or Service, to place undue burden on LukyLab's servers through automated means, or to access LukyLab's Service in ways that exceed your authorization; impersonate any person or entity, including any of our employees or representatives, including through false association with LukyLab, or by fraudulently misrepresenting your identity or site's purpose; or violate the privacy of any third party, such as by posting another person's personal information without consent.


Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without LukyLab's express written permission.


Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. You may scrape our Website for the following reasons:


Researchers may scrape public, non-personal information from LukyLab for research purposes, only if any publications resulting from that research are open access.
Archivists may scrape LukyLab for public data for archival purposes.


You may not scrape the Website and the Service for spamming purposes, including for the purposes of selling LukyLab users' personal information, such as to recruiters, headhunters, and job boards. All use of our data gathered through scraping must comply with the LukyLab Privacy Policy.


Privacy

Misuse of LukyLab Users' Personal Information is prohibited. Any person, entity, or service collecting data from LukyLab must comply with the LukyLab Privacy Policy, particularly in regards to the collection of our Users' Personal Information.


Excessive Use

If we determine your usage to be significantly excessive in relation to other LukyLab customers, we reserve the right to suspend or terminate your access to our Website and Service.


User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

User-Generated Content

You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it. We have the right to remove content, prohibit use or close Accounts if we need to.


User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.


We May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any LukyLab terms or policies or our values.


Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.


Because you retain ownership of and responsibility for Your Content, we need you to grant Us — and other LukyLab Users — certain legal permissions, listed in this Agreement. These license grants apply to Your Content. If you upload Content that already comes with a license granting LukyLab the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted. The licenses you grant to Us will not end when you remove Your Content from our servers.


License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and others; parse it into a search index or otherwise analyze it on our servers; share it with other users; use it for advertising of LukyLab and our Service and perform it.


License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and contributions, may be viewed by others.

If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions.


Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted, but not otherwise.


To the extent this agreement is not enforceable by applicable law, you grant LukyLab the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website, provide the Service and grow our business.

Copyright Infringement

If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on LukyLab violates your rights, please contact us as well. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. We will terminate access to the Service to repeat infringers of this policy.

Intellectual Property Notice

We own the Service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.


LukyLab's Rights to Content

LukyLab and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and the Service. We reserve all rights that are not expressly granted to you under this Agreement or by law.


License to LukyLab Terms and Conditions

This Agreement is licensed under Creative Commons Zero license.

Advertising

We do not generally prohibit use of LukyLab' Service for advertising. However, we do follow certain limitations, so LukyLab' Service stays relevant, useful and does not become a spam haven. No one wants that.


Spamming and Inappropriate Use

Advertising Content, like all Content, must not violate the law or these Terms, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any terms or policies or our values and strategy.

Paid services

We may provide paid services as part of our Service. If you decide to use them, you are responsible for any fees associated with your use of LukyLab' paid services. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.


Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of our paid services. By using our paid services, you agree to pay LukyLab any charge incurred in connection with your use of the paid services. You are responsible for providing us with a valid means of payment for paid Service.

Cancellation and Termination

LukyLab has the right to suspend or terminate your access to all or any part of the Website or the Service at any time, with or without cause, with or without notice, effective immediately. LukyLab reserves the right to refuse service to anyone for any reason at any time.


Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications with Us

We use email, chatbots, messaging and other electronic means to stay in touch with our users.


Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.


Legal Notice to LukyLab Must Be in Writing

Communications made through email or Service will not constitute legal notice to LukyLab or any of its officers, employees, agents or representatives in any situation where notice to LukyLab is required by contract or any law or regulation. Legal notice to LukyLab must be in writing and served on LukyLab's legal agent.


No Phone Support

LukyLab only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

Disclaimer of Warranties

We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.


LukyLab provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.


LukyLab does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

Limitation of Liability

We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.


You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from the use, disclosure, or display of your User-Generated Content; your use or inability to use the Service; any modification, price change, suspension or discontinuance of the Service; the Service generally or the software or systems that make the Service available; unauthorized access to or alterations of your transmissions or data; statements or conduct of any third party on the Service; any other user interactions that you input or receive through your use of the Service; or any other matter relating to the Service.


Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.


If you have a dispute with one or more Users, you agree to release LukyLab from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that LukyLab (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases LukyLab of all liability); and (3) provides to you all reasonable assistance, at your expense.

Changes to These Terms

We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will try to notify users of any changes that affect your rights and give you time to adjust to them.


We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms of Service in the event of any such amendments. We will try to notify our Users of material changes to this Agreement. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.


We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and the Service (or any part of it) with or without notice.

Miscellaneous

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and LukyLab and any access to or use of the Website or the Service are governed by the laws of the Czech Republic and the laws of the EU, without regard to conflict of law provisions. You and LukyLab agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Prague, Czech Republic.


Non-Assignability

LukyLab may assign or delegate these Terms of Service and/or the LukyLab Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.


Section Headings and Summaries

Throughout this Agreement, some sections include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.


Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of LukyLab to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.


Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of LukyLab, or by the posting by LukyLab of a revised version.


Changes to These Terms

These Terms of Service, together with the Privacy Policy, represent the complete and exclusive statement of the agreement between you and Us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and LukyLab relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.


Questions

Questions about the Terms of Service? Contact us.