The cloud application provided by Lumar.io, the trading name of Deepcrawl, Inc. or Written Byte LTD (as applicable) (“we,” “us,” or “our”), is offered as a software-as-a-service (“SaaS”) solution located at https://analyze.lumar.io (“Application”) and governed by this End User License Agreement (“EULA”). If you access the Application through a company with a master subscription agreement with us, that agreement will prevail in case of conflict with this EULA. By using the Application, you agree to this EULA. If you do not agree, do not use the Application. We reserve the right, at any time, to change this EULA. Any change, addition or update will be effective immediately. Your continued use of the Application following the posting of the revised EULA means that you accept and agree to the changes. You are expected to check this EULA at https://www.lumar.io/terms-of-use/ from time to time so you are aware of any changes, as they are binding on you.
- We provide access to the Application via a supported web browser under a software-as-a-service (SaaS) subscription, which is licensed—not sold—and remains our proprietary property protected by applicable laws. Subject to timely payment and compliance with this EULA, you receive a personal, non-transferable account to use the Application. The Application may enable access to third-party software content for which you have valid rights or which we are authorized to provide under a reseller agreement. You acknowledge that the Application is provided solely by us—not by any third-party provider or browser platform—and we are solely responsible for it under this EULA.
- We grant you a limited, non-exclusive, non-transferable license to access and use the Application through a supported web browser solely for your personal use and in accordance with this EULA. You may not make or use additional copies of the Application or its content. Access to any documentation is limited to use in connection with the Application. Unless expressly authorized by us or our suppliers, you may not publish, reproduce, distribute, transmit, or otherwise use any content from the Application. Requests for such permission may be submitted to us, but approval is at our sole discretion. Your use of the application is subject to the current company privacy and cookie policies at www.Lumar.io/privacy-policy and www.Lumar.io/cookie-policy respectively.
- You may not (i) sell, resell, rent, lease or sublicense the Application or use it in a service provider capacity; (ii) use the Application to access, crawl, store or transmit infringing, unsolicited marketing emails, libelous, obscene or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Application; (iv) attempt to gain unauthorized access to the Application; (v) disassemble, reverse engineer or decompile the Application; (vi) use the Application to build a competitive service or product, or copy any feature, function or graphic for competitive purposes; (vii) use the Application in a manner which would affect the performance and availability of a 3rd-party public website; or (viii) use the Application to access or crawl any URL containing any obscene, illegal or otherwise unlawful material.
- The Application and all derivatives remain the property of Lumar or its third-party licensors. This includes all content—such as the Application’s design, data, media, and documentation. You receive only the limited rights granted under this EULA. Lumar, not any third-party provider or platform, is solely responsible for the Application and for addressing any third-party IP claims. You agree to promptly notify us of such claims and cooperate in their resolution. The Application is licensed on a SaaS basis, and you may not alter or remove proprietary notices. Access to third-party software is provided under our agreements with those suppliers. To the extent personal data is processed, we comply with applicable data protection laws, including the GDPR and CCPA, and implement appropriate safeguards to protect user privacy and data rights.
- The Application and related content are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind. While we strive to ensure the accuracy of information presented through the Application, neither we nor our suppliers guarantee its completeness or reliability, and we reserve the right to modify or update the Application at any time without notice. Use of the Application is at your sole risk. To the fullest extent permitted by law, we, our suppliers, and agents disclaim all express or implied warranties, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Neither we, our suppliers, nor your organization (if accessing under a master subscription agreement) shall be liable for any claims, losses, or damages arising from your use of the Application or third-party content accessed through it. You agree to notify us promptly of any such claims and to cooperate in their resolution.
- You acknowledge that, while we may choose to refund subscription fees in certain cases, we disclaim all other warranties to the fullest extent permitted by law. The Application is provided “as is” and “as available,” without guarantees of uninterrupted access, error-free performance, security, or compatibility with third-party systems. We make no representations that use of the Application will be free from infringement of third-party rights. You are solely responsible for any costs arising from your reliance on or use of the Application, including data loss, system downtime, or replacement of hardware or software. Some jurisdictions may not allow the exclusion of implied warranties, so certain limitations may not apply.
- You acknowledge that third-party content providers and app store platforms have no warranty obligations—express or implied—regarding the Application or its content, including warranties of title, non-infringement, merchantability, or fitness for a particular purpose. While such third parties may offer a refund of the purchase price, they disclaim all other liability to the fullest extent permitted by law, and any additional claims or remedies are governed solely by this EULA.
- To the maximum extent permitted by applicable law, neither we, our affiliates, suppliers, nor agents shall be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages—including, but not limited to, loss of data, revenue, profits, business opportunities, or interruption—arising from or related to your use of the Application, third-party content, or any failure or delay in service delivery, even if we have been advised of the possibility of such damages.
You acknowledge that we are not liable for any personal injury, including death, resulting from misuse of the Application or content. Where limitations on direct damages are not enforceable, our total liability is strictly limited to the actual, verifiable damages directly related to the paid subscription, and shall not exceed the fees paid by your organization for the Application in the two (2) months preceding the incident. All claims must be initiated within one (1) year of the event giving rise to the claim. The remedies provided under this Agreement are exclusive and limited to those expressly stated herein. If you are dissatisfied with the Application, your sole and exclusive remedy is to discontinue use and terminate your account. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE APPLICATION WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY. - We require you to create a user account to access the Application. We will protect the privacy of information provided in your user account in accordance with our privacy policy found at: https://www.lumar.io/privacy-policy.
- You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the Application and/or your user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Application with your password.
- You are solely responsible for ensuring that all necessary hardware, software, internet, and mobile access required to use the Application are properly maintained and compatible. We are not responsible for any third-party services (e.g., your ISP or mobile carrier). You acknowledge that the Application may occasionally be unavailable due to maintenance, technical issues, or factors beyond our control. Connectivity issues related to your own systems or providers are your responsibility.
- You agree not to use the Application in violation of any applicable laws or regulations. You confirm that you are not located in a country subject to U.S. embargo or designated as supporting terrorism, and are not listed on any U.S. restricted party lists. We do not make representations about the Application’s compliance outside the U.S.; accessing it from other jurisdictions is at your own risk and subject to local laws. You are solely responsible for complying with this EULA and for any resulting consequences, including loss or damage to us or third parties arising from your breach.You agree not to use the Application in violation of any applicable laws or regulations. You confirm that you are not located in a country subject to U.S. embargo or designated as supporting terrorism, and are not listed on any U.S. restricted party lists. We do not make representations about the Application’s compliance outside the U.S.; accessing it from other jurisdictions is at your own risk and subject to local laws. You are solely responsible for complying with this EULA and for any resulting consequences, including loss or damage to us or third parties arising from your breach.
- Unless your company has a separate master subscription agreement with us, this EULA is the complete and exclusive agreement between you and us regarding its subject matter, superseding all prior agreements. It binds and benefits both parties and their permitted successors and assigns. You may not assign this EULA or your user account without our prior written consent, which we may withhold at our sole discretion.
- This EULA and any disputes arising from it or your use of the Application shall be governed by the laws of either (i) the State of New York, if the contracting entity is Deepcrawl, Inc., or (ii) England and Wales, if the contracting entity is WrittenByte LTD, in each case without regard to conflict of law principles.
- Except for claims involving our intellectual property or where injunctive relief is sought, any dispute arising from this EULA will be resolved by binding arbitration. If the contracting entity is Deepcrawl Inc., arbitration will be conducted in New York City, New York under the Commercial Arbitration Rules of the American Arbitration Association. If the contracting entity is WrittenByte, arbitration will be conducted in London under the rules of the London Court of International Arbitration (LCIA). Arbitrators will have relevant experience in enterprise software and digital platforms. Judgment on the award may be entered in any court with jurisdiction. Either party may seek equitable relief in a court of competent jurisdiction. We may charge interest on overdue, undisputed amounts at 1.5% per month or the maximum rate allowed by law. If we prevail in arbitration or legal proceedings, you agree to reimburse our reasonable legal fees and costs.
- Our failure to enforce any provision of this EULA does not waive our rights to enforce it later. If any part of this EULA is found invalid or unenforceable, it will be modified to reflect the original intent as closely as possible, and the remainder will remain fully effective.
- You may not copy any part of the Application or its content without retaining all associated copyright notices and disclaimers. Third-party logos or marks displayed in the Application remain the property of their respective owners and must not be altered or removed. No rights or licenses are granted to use any logos, marks, or copyrighted material except as expressly permitted in this EULA.