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Last updated January 20, 2025. Replaces all prior versions.

Welcome to the LumiTure.ai Services (“LumiTure.ai”), an online service, owned and operated by CloudMile Inc. (“CloudMile”,“we,” “our,” or “us”).

This General Terms of Use (“General Terms”), along with any applicable Terms govern your use of LumiTure.ai and software that we include as part of the Services, as well as any applications, scripts, source code, instruction sets, and related documentation (collectively “Software”). If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement control where it conflicts with the Terms.

These General Terms apply when Authorized User (“Authorized User”,“You” or “Your”) use LumiTure.ai. This General Terms includes important information about your legal rights. We urge You to read the following General Terms and to contact us if You have any questions prior to accessing or using LumiTure.ai. We reserve the right to amend these Terms, our Privacy Policy at any time and without notice. When we update the General Terms, we will revise the updated date above and post the new General Terms online, and make it available through the website. We encourage You to regularly check back on this page to ensure You are up to date with any changes. Your continued use of LumiTure.ai after we publish or send a notice about our changes to these General Terms means that You are consenting to the updated General Terms.

By using the Services, you as a Site Visitor or Customer accept and agree to follow and be bound by these Terms (whether on behalf of yourself or a legal entity you represent). You also agree to comply with all applicable laws and regulations, as well as all rules or restrictions that are posted on the Services. If you do not agree to these Terms, you are not authorized and must cease using the services immediately.

If you are agreeing to these 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).

Overview Of The LumiTure.ai Service

"LumiTure.ai Service" means, collectively, the CloudMile cloud services platform, any and all CloudMile Components, CloudMile Materials and other Services related thereto, including the data and information relating thereto, but specifically excluding:
(a) the underlying physical infrastructure which the LumiTure.ai accesses and relies upon,
(b) the infrastructure made available by a Cloud Infrastructure Provider, and
(c) your software, applications, and data, and any other third-party software, applications or data which utilize or are available through the LumiTure.ai.

Definitions. The following capitalized terms will have the associated meanings for purposes of the General Terms.
1. "Account" corresponds to your account created in connection with use of the CloudMile Services, represented in each case by a single set of access credentials from Cloudmile and the applicable Cloud Infrastructure Service.
2. "Agreement" means a written document signed by you and CloudMile, or an electronic form sent by you and accepted by CloudMile, that identifies a Service that you have agreed to purchase and the corresponding Fees for such Service. In the event of a conflict between these Terms and an Agreement, these Terms shall govern.
3. "Ancillary Products" means any software agent or tool owned or powered by CloudMile that CloudMile makes available to you for download on your Cloud Infrastructure Service as part of the Purchased Services for purposes of facilitating your access to, operation of and/or use with, the Purchased Services.
4. "Authorized User" means any individual you authorize to access or use the LumiTure.ai and related CloudMile Services on your behalf.
5. "CloudMile Components" means any template, script, machine image, macro or other technology or documentation published to or available from CloudMile.
6. "CloudMile Materials" means any service and software developed by CloudMile and distributed to or accessed by you hereunder as well as any documentation relating to the Services.
7. “Confidential Information” means information that one party (or an Affiliate) discloses to the other party under the Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that is independently developed by the recipient, is lawfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
8. “Content” means any material, such as audio files, video files, electronic documents, or images, that You upload and import into the Services or Software in connection with your use of the Services.
9. “Feedback” means any ideas, suggestions, or proposals You provide to us.
10. "Fees" means any fee or charge set forth in the Agreement.
11. "Terms" means the terms and conditions set forth in Agreement. You may also be subject to one or more of the additional terms.
12. "Purchased Services" means the specific Services that you have agreed to purchase as set forth in an Agreement or other binding purchase commitment.
13. "Services" means the services made available by CloudMile from time to time, including, but not limited to, the LumiTure.ai Service and any and all other CloudMile Components and CloudMile Materials.
Using the Services
1. CloudMile shall make the Purchased Services available to you in accordance with these General Terms and the Terms of the relevant Agreement. You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written comments made by CloudMile or its representatives regarding future functionality or features of any Services.
2. As part of the Purchased Services, CloudMile may provide you with access to download certain Ancillary Programs for use with those Services. If CloudMile does not specify separate terms and conditions for such Ancillary Programs, you shall have a non-transferable, non-exclusive, non-assignable, limited right to use such Ancillary Programs solely to facilitate your access to, operation of, and/or use of the Purchased Services, subject to these General Terms and the applicable Agreement. Your right to use such Ancillary Programs will terminate upon the earlier of CloudMile's termination of your access to the Services, the end of the applicable General Term or the date on which the license to use the Ancillary Programs ends under the separate terms specified for such programs. All right, title and interest in and to the Ancillary Programs shall remain with CloudMile.
3. You are responsible for selecting one or more public cloud computing services for the provision of compute capacity, data storage, data transmission, network and related infrastructure services ("Cloud Infrastructure Service").
4. The Cloud Infrastructure Services that operate with the LumiTure.ai are identified on CloudMile's website and may be changed by CloudMile from time to time. You understand and agree that the full benefits of the LumiTure.ai may not be available if you do not elect to use a Certified Infrastructure Service and CloudMile bears no liability or responsibility for any matters arising from or relating to your use of a Cloud Infrastructure Service that is not a Certified Infrastructure Service.
5. All of your use of a Cloud Infrastructure Service is subject to the third-party provider's terms and conditions, and you agree to comply with those terms and conditions related to the Cloud Infrastructure Service as made available to you from time to time. Your breach of the terms and conditions regarding the Cloud Infrastructure Service will be considered a breach of these General Terms. If CloudMile is providing a single bill for the Services and Cloud Infrastructure Service, CloudMile may terminate that single billing arrangement at any time and for any reason upon written notice to you.
6. The cloud infrastructure service is not a CloudMile Service and is not part of the LumiTure.ai. CloudMile is not responsible for the cloud infrastructure service or for any acts or omissions of the third-party provider of the cloud infrastructure service. Customer acknowledges that the provider of the cloud infrastructure service may implement procedures that would make it difficult or impossible to access Your data, or the resources made available via the cloud infrastructure service, in certain circumstance (e.g. in the case of a virus, denial of service, or similar attack; transmission or storage of infringing or illegal content; use for bulk email; use that could or does harm the third-party’s networks or servers; or compromise of security).
Your Content
1. You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
2. Where permitted by law, we will only access, view, or listen to your Content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your Content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce the Terms. Our automated systems may analyze your Content using techniques such as machine learning. This analysis may occur when the Content is sent, received, or stored. From this analysis, we are able to improve the Services.
3. We require certain licenses from you to your Content in order to operate and enable the Services and Software. When you upload Content to the Services and Software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content as needed in response to user driven actions (such as when you choose to privately store or share your Content with others). This license is only for the purpose of operating or improving the Services and Software.
4. You understand and agree that you are responsible for creating backups of your data and any other content provided or used by you on LumiTure.ai. CloudMile shall have no obligation to maintain any such content or to forward any content to you or any third party.
Your Account
1. When you create an Account to use or access certain portions of the Service, you must provide complete and accurate information as requested on the registration form, and you must maintain and update such information to keep it complete and accurate. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password, and are responsible for all activities (whether by you or by others) that occur under your password or Account. You may not use a third party’s Account, user name or password at any time, and you will not allow anyone other than Authorized Users to access or use the Service from your Account. You agree to notify CloudMile immediately of any unauthorized use of your account, user name or password. CloudMile shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by CloudMile, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
2. You will promptly notify CloudMile of any suspected violation of these Terms by an Authorized User and will cooperate with CloudMile to address the suspected violation. CloudMile may suspend or terminate any Authorized User’s access to the Service upon notice to you in the event that CloudMile reasonably determines that such Authorized User violated these Terms.
Service Usage Restrictions
1. We expect You have a certain degree of courtesy and professionalism. You must use the Services and Software responsibly.
2. You agree that you will:
  1. Abide by and comply with these General Terms;
  2. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements;
  3. Provide accurate information to us and keep it updated;
  4. Use the Services in a professional manner.
3. You must not misuse the Services or Software. For example, you must not:
  1. copy, modify, host, stream, sublicense, or resell the Services or Software;
  2. enable or allow others to use the Services or Software using your account information;
  3. use the Software to construct any kind of database;
  4. access or attempt to access the Services or Software by any means other than the interface we provide or authorize;
  5. circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software;
  6. share Content, or engage in behavior that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
  7. upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
  8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  9. attempt to disable, impair, or destroy the Services and Software;
  10. upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Software;
  11. disrupt, interfere with, or inhibit any other user from using the Services or Software (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
  12. engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages;
  13. place an advertisement of any products or services in the Services except with our prior written approval;
  14. use any data mining or similar data gathering and extraction methods in connection with the Services; or
  15. violate applicable law.
CloudMile Intellectual Property
1. The Service is owned and operated by CloudMile, and contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. Except as otherwise expressly provided by CloudMile, none of the Service may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Service shall be construed to confer any license under any of CloudMile’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted in these Terms are reserved by CloudMile.
2. The Service is also protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Service. You acknowledge that the Service contains original works that have been developed, compiled, prepared, revised, selected, and arranged by CloudMile and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and which constitute valuable intellectual property of CloudMile and such others. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how, and other intellectual property or other proprietary rights of any type, documentation, any improvements, design contributions, or derivative works thereto, and any knowledge or process related thereto, including rights in and to all applications and registrations relating to the Service, shall, as between you and CloudMile, at all times be and remain the sole and exclusive property of CloudMile.
3. The trademarks, logos, taglines, and service marks displayed on the Service (collectively, the “Trademarks”) are registered and unregistered Trademarks of CloudMile and others. The Trademarks may not be used without CloudMile’s prior express written permission. CloudMile acknowledges the Trademarks of other organizations for their respective products or services mentioned on the Service. Other than as provided in these Terms, your use of the Trademarks, or any other CloudMile content, is strictly prohibited.
4. Any software available for downloading through the Service or third-party websites or applications (the “Software”) is the copyrighted work of CloudMile and third-party providers. Use of the Software is governed by these Terms. Unauthorized reproduction or distribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted.
5. Upon your acceptance of these Terms, we grant you a limited, non-exclusive non-sublicensable, and non-assignable license to access and use the Service for your internal purposes and only as expressly permitted in these Terms. You shall not use or permit use of the Service for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor of CloudMile, you may not access or use the Service without CloudMile’s explicit, advance, written consent, and then only for the purposes authorized in writing. Except as otherwise restricted by these Terms, CloudMile grants you permission on a non-exclusive, non-transferable, limited basis to display, copy, and download content and materials on the Service provided that you: (a) retain all copyright and other proprietary notices on the content and materials; (b) use them solely for internal use or in accordance with any applicable CloudMile Terms; and (c) do not modify them in any way. Any violation by you of the license provisions contained in this Section 7 may result in the immediate termination of your right to use the Service, as well as potential liability for copyright infringement or other claims depending on the circumstances.
Feedback
1. You have no obligation to provide us with ideas, suggestions, or proposals . If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
2. You may choose to or we may invite you to submit Feedback, comments, questions, and other information about the LumiTure.ai, including without limitation about how to improve the LumiTure.ai or our other products. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LumiTure.ai under any fiduciary or other obligation, that we are free to disclose your comments on a non-confidential basis to anyone or otherwise use them without any additional compensation to you. You acknowledge that, by acceptance of your submission, LumiTure.ai does not waive any rights to use similar or related ideas previously known to LumiTure.ai, or developed by its employees, or obtained from sources other than you.
Third-Party Websites and Services
1. The LumiTure.ai may contain links to third-party websites or certain third-party services that you may integrate with the Services or LumiTure.ai (collectively “Third-Party Services”). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. If you access a Third-Party Service from LumiTure.ai, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites.
2. We encourage you to be aware of when you leave the LumiTure.ai, and to read the terms and conditions and privacy policy of any Third-Party Service that you visit.
Deliverables
1. Certain Services may involve the development or addition of new features, enhancements or customizations to the LumiTure.ai or other CloudMile Services ("Deliverables"). CloudMile will perform development work and related services to provide you with any such Deliverables in accordance with a separate statement of work to be mutually agreed upon by the parties (a "Statement of Work").
2. Each Statement of Work shall set forth the specifications, fees and other relevant provisions for the Deliverables and shall be attached hereto and incorporated into these Terms. In the event of a conflict between these Terms and the terms of a Statement of Work, these Terms shall govern. The terms and conditions of each Statement of Work will control solely with respect to the Deliverables to be provided under such Statement of Work.
Use Restrictions
By using the Service, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
1. Is illegal, or violates any federal, state, or local law or regulation;
2. Advocates illegal activity or discusses illegal activities with the intent to commit them;
3. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
4. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
5. Interferes with any other party’s use and enjoyment of the Service;
6. Attempts to impersonate another person or entity;
7. Is commercial in a way that violates these Terms, including but not limited to, using the Service for spam, surveys, contests, pyramid schemes, or other advertising materials;
8. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
9. Accesses or uses the Account of another Customer without permission;
10. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
11. Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Service, or the servers or networks connected to the Service, or any of the Service;
12. “Hacks” or accesses without permission our proprietary or confidential records, those of another Customer or Site Visitor, or those of anyone else;
13. Improperly solicits personal or sensitive information from other Customers including without limitation address, credit card or financial account information, or passwords;
14. Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Service, except as expressly permitted in these Terms or by law, unless and then only to the extent permitted by applicable law without consent;
15. Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Service;
16. Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Service, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
17. Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Service;
18. Uses the Service for benchmarking, or to compile information for a product or service;
19. Downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Service, by any means except as provided for in these Terms or with the prior written consent of CloudMile; or
20. Attempts to do any of the foregoing.
  
  In addition, you shall not, and shall not permit others to, do the following with respect to the Service:
21. Use the Service or allow access to it in a manner that circumvents contractual usage restrictions or that exceeds authorized use or usage metrics set forth in these Terms or any applicable Enterprise Terms;
22. License, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the Service available for access by third parties except as otherwise expressly provided in these Terms;
23. Access or use the Service for the purpose of: (i) developing or operating products or services intended to be offered to third parties in competition with the CloudMile or (ii) allowing access to your Account by a direct competitor of CloudMile; or
24. Frame the Service, place pop-up windows over its pages, or otherwise affect the display of its pages.
  
  You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Service for violations of these Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes, analytics, and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body.
Customer Data

You are responsible for the data and information that you or your Authorized Users input or upload into the Service (“Customer Data”). You are further responsible for obtaining any necessary right and licenses for use of the Customer Data by your and CloudMile as contemplated in these Terms. You agree that you have the legal right and authority to access, use and disclose to CloudMile any Customer Data. You authorize CloudMile to access, process, and use the Customer Data as necessary to perform and fulfill its obligations hereunder, including to provide the Service to you. You and your Authorized Users acknowledge that CloudMile may process Customer Data in accordance with the CloudMile Privacy Policy.

Fees

CloudMile reserves the right in the future to require payment of fees for certain or all aspects of the Service, change prices, or institute new charges, upon notice to you, which may be sent by email or posted on the Service. Your use of the Service following such notification constitutes your acceptance of any new or increased charges.

Modification of the Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Indemnification

You agree to defend, indemnify, and hold harmless Cloudmile and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the LumiTure.ai; (ii) your violation of any of these General Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of publicity or any intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content; or (vi) any other party’s access and use of the LumiTure.ai with your unique username, password or other appropriate security code.

Third Party Content

We may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. We make no representations or endorsements as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. CloudMile IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SERVICE OR POSTS OF USER CONTENT. Your correspondence or business dealings with, or participation in promotions of third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such partners or links to third-party websites or resources on the Service.
Disclaimers of Warranties
1. Unless stated in the additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or (d) any errors or defects in the Services or Software will be corrected.
2. We specifically disclaim all liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.
3. If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than Cloudmile; or (c) the inclusion of your Content by third parties on other websites or other media.
4. We strongly advise safeguarding your data, exercising caution, and not relying entirely on the proper functioning or performance of the Services or accompanying materials.
Limitation of Liability
1. Unless stated in the additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, or for death or personal injury.
2. Our total liability in any matter arising out of or related to the Terms is limited to the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
3. The limitations and exclusions in this section apply to the maximum extent permitted by law.
Confidentiality
1. The receiving party will not disclose the Confidential Information of the disclosing party, except to Affiliates, employees, agents or professional advisors of the receiving party who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The receiving party will ensure that those people and entities use the Confidential Information of the disclosing party only to exercise rights and fulfill obligations under the Agreement, and that they keep it confidential.
2. Notwithstanding the foregoing, CloudMile reserves the right to identify you from time to time in its corporate communications, advertising and marketing materials, using the appropriate logos, designations, trademarks, trade names, service marks, trade dress and logos, in accordance with your then-current published guidelines.
Termination
1. If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if:
  1. You breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
  2. You fail to make the timely payment of fees for the Services or Software, if any
  3. You materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
  4. You physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
  5. You have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
  6. we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);or
  7. we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law);
2. Upon the expiration or termination for any reason:
  1. all rights and licenses granted by each party will cease immediately; and
  2. if requested, each party will use commercially reasonable efforts to promptly return to the other party, or destroy and certify the destruction of all Confidential Information (excluding Data) disclosed to it by the other party.
3. Suspension. If You are in violation (or if Cloudmile reasonably suspects a violation) of these Terms, then Cloudmile may immediately suspend or deactivate Your use of all or any part of the applicable Services upon written notice.
4. If you have purchased or paid for any Cloud Infrastructure Service through CloudMile, the termination or suspension of a Service provided hereunder also may result in termination or suspension of your Cloud Infrastructure Service. You must make separate arrangements with the provider(s) of any Cloud Infrastructure Service to continue such service following termination or suspension of a Service provided hereunder.
5. Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Any perpetual licenses you have will continue in full force and effect, however. Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.
Miscellaneous.
1. Assignment. Neither party may assign any part of the Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the General Terms; (b) the assigning party remains liable for obligations under the General Terms if the assignee defaults on them; and (c) the assignor has notified the other party of the assignment. Any other attempt to assign is void.
2. Change of Control. If a party experiences a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other form of corporate transaction): (i) that party will give written notice to the other party within 30 days after the change of control; and (ii) the other party may immediately terminate the General Terms any time between the change of control and 30 days after it receives that written notice.
3. Entire Agreement. The General Terms sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into the General Terms neither party has relied on, and neither party will have any right or remedy based on any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in the General Terms.
4. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
5. These General Terms shall be governed by and construed in all respects in accordance with the laws of Taiwan (R.O.C) without giving effect to the principle of the conflict of law. On a dispute arising from this General Terms, if any, all three parties hereto agree that it should be referred to the Conciliation Center of the Commercial Arbitration Association of the Republic of China for settlement in Taipei City in accordance with the Conciliation Regulations of that Center. If the dispute is not resolved through such conciliation effort, all three parties hereto agree that such dispute should be referred to the Arbitration Association of the Republic of China for settlement in Taipei City in accordance with the arbitration regulations of that Association. The language of arbitration shall be in Chinese language. The arbitral award shall be final and binding upon parties.
6. Notices made by CloudMile for you or your Account specifically will be provided to you via the email address provided to CloudMile in your registration for the Services or in any updated email address you provide to CloudMile in accordance with standard Account information update procedures CloudMile may provide from time to time. It is your responsibility to keep the email address current and you will be deemed to have received any email sent to any such email address, upon CloudMile sending of the email, whether or not you actually receive the email.
  1. Notices made by you to CloudMile may be sent to: support@lumiture.ai or by personal delivery, overnight courier, or registered or certified mail to CloudMile: (Taiwan) CloudMile Inc.
    110 Room 3308, 33F., No. 333, Sec. 1, Sec. 1, Keelung Rd., Xinyi Dist., Taipei City, Taiwan (R.O.C.)
    (Singpore) CloudMile Pte Ltd
    Suite 1167, 5 Shenton Way, UIC Building #10-01 Singapore
    Cloud Mile Limited (Hong Kong)
    Suite 555, 4/F Reception, Lee Garden Three, 1 Sunning Road, Causeway Bay, Hong Kong
7. No Agency. The General Terms does not create any agency, partnership, or joint venture between the parties.
8. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the General Terms.
9. No Third-Party Beneficiaries. The General Terms does not confer any benefits on any third party unless it expressly states that it does.
10. No reselling unless expressly permitted.
11. Severability. If any term (or part of a term) of the General Terms is invalid, illegal or unenforceable, the rest of the General Terms will remain in effect.
12. Either party may subcontract any of its obligations under the General Terms, without the written consent of the other party. Each party is liable for the acts and omissions of its Subcontractors.
13. Approvals. The parties agree that whenever the General Terms calls for written request or written approval to be provided by either party, unless otherwise expressly stated that email is not acceptable, such request or approval may be provided via e-mail.
14. Equitable Relief. Nothing in the General Terms will limit a party’s ability to seek equitable relief.
Trade Restrictions.

You acknowledge that the Service and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that CloudMile makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of the Ukraine, Sudan, Iran, North Korea and Syria ("Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department's Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.export.gov/article?id=Consolidated-Screening-List; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Service.

Please contact us at support@lumiture.ai with any questions regarding these General Terms.