These Terms of Use (this „Agreement„), effective as of the date on which you click a button or check a box (or something similar) acknowledging your acceptance of this Agreement (the „Effective Date„), is by and between Lutendotech OÜ, a company registered in Estonia with registration number 16734112 and offices located at Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145 („Company„) and the entity on whose behalf the individual accepting this Agreement accepts this Agreement („Customer„). The individual accepting this Agreement hereby represents and warrants that it is duly authorized by the entity on whose behalf it accepts this Agreement to so accept this Agreement. The Company and Customer may be referred to herein collectively as the „Parties“ or individually as a „Party.“

The Company reserves the right to change or modify the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion. We will notify you of any changes by posting the revised Agreement on the Website, changing the „Last Revised“ date at the top of the Agreement, sending emails to users at their designated email addresses, or by any other means determined by the Company. Any changes or modifications will be effective immediately upon posting of revisions on the Site or when Company communicates the information to users. Your continued use of the Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications.

The Services are provided by the Company, and the terms „we“, „us“ and „our“ refer to that legal entity. The Company may change the scope of the Services or stop providing any Services altogether. Certain services may be performed by various parties, including subsidiaries, affiliates or subcontractors of the Company, and in such cases the Company will inform you of the name of the respective service provider.

This Agreement applies to:

• The website https://lutendo.com or https://lutendo.com
• Any subdomains thereof
• The Lutendo SaaS platform accessible at https://lutendo.app

Any services offered through use of the above-mentioned websites and platform (collectively referred to as the „Services„)

In these Terms of Use, unless the context requires otherwise, the following terms shall have the meanings set forth below:

• „Agreement“ means these Terms of Use, including any amendments or modifications thereto.
• „Company“ refers to Lutendotech OÜ, the legal entity providing the Services.
• „Lutendo“ refers to the SaaS platform operated by Company, which facilitates product testing, reviews, and feedback between Sellers and Testers.
• „User“ or „Users“ means any individual or entity that accesses or uses the Lutendo platform, including Sellers and Testers.
• „Customer“ means the entity or individual who has accepted this Agreement and maintains an active subscription to the Services.
• „Website“ means https://lutendo.com, https://lutendo.app, and any affiliated subdomains.
• „Services“ means the Website and any services provided through the Website and any affiliated sites.
• „Subscription Plan“ refers to the specific tier and package of services chosen by the Customer, which determines the level of access and features available.
• „Surcharges“ refers to a unit of service consumption on the Lutendo platform that allows Customers to approve campaign applications and execute campaign-related activities.
• „Managed Surcharges“ are Surcharges that enable automatic financial transactions, including refunds, for managed campaigns.
• „Seller“ refers to any entrepreneur, vendor, or business entity that creates and manages campaigns on Lutendo to receive feedback or generate sales for their products or services.
• „Tester“ or „Product Tester“ means an individual who applies for and participates in campaigns on Lutendo, providing feedback or reviews on products or services.
• „Campaign“ refers to a promotional activity created by a Customer on Lutendo, designed to gather product feedback, generate reviews, or increase sales.
• „Refund Campaign“ is a type of campaign where Testers are reimbursed for their purchase after completing the campaign objectives.
• „Discount Voucher Campaign“ refers to a campaign type where Sellers offer discount coupons to Testers for purchasing and reviewing products.
• „Gift Voucher Campaign“ means a campaign where Sellers provide gift vouchers to Testers, offering flexibility in product selection for testing and reviewing.
• „Campaign Objective“ refers to the primary goal of a campaign, which can be either sales-focused or review-focused.
• „Order ID“ means the unique identifier assigned to a purchase made by a Tester as part of a campaign.
• „Review“ refers to the honest feedback, opinion, or evaluation provided by a Tester about a product or service tested through a Lutendo campaign.
• „Refund“ means the full or partial reimbursement provided by a Seller to a Tester upon successful completion of a Refund Campaign.
• „Sales Channel“ means the designated platform or marketplace where Testers are required to post their reviews as part of a campaign.
• „Account Balance“ refers to the funds deposited by the Customer to facilitate managed campaigns and associated financial transactions.
• „Ownership Verification“ means the process by which Lutendo may request and verify proof of product ownership from Customers.
• „One-Time Purchase“ means a single, non-recurring payment for a specific service or product offered by Lutendo.
• „Subscription Service“ refers to any service provided by Lutendo on a recurring payment basis, whether monthly, annually, or at any other regular interval.
• „Subscription Period“ means the duration of time between recurring payments for a Subscription Service.
• „Commencement of Services“ means the point at which Lutendo begins providing the purchased service, including but not limited to allocating resources, initiating campaigns, or when any Surcharge is utilized.
• „Service Adjustment“ means any modification or alteration to the services provided by Lutendo in response to customer feedback or dissatisfaction.
• „Campaign Improvement“ refers to any enhancement or modification made to an ongoing or future campaign in response to customer feedback or to improve performance.

Lutendo is a Software as a Service (SaaS) platform designed to facilitate product testing, reviews, and feedback between sellers (hereinafter referred to as „Customers“) and product testers. The platform enables Customers to create and manage campaigns aimed at generating sales or gathering authentic product reviews.

Lutendo offers various campaign types to suit different Customer needs:

1. Refund Campaigns: Campaigns where product testers are reimbursed after completing their assigned tasks.
2. Discount Voucher Campaigns: Campaigns utilizing coupon-based discounts.
3. Gift Voucher Campaigns: Campaigns offering flexible gift vouchers.

Lutendo offers various support resources, including documentation, guides, and customer support, to assist Customers in effectively utilizing the platform and maximizing the value of their campaigns.

The Lutendo platform provides the following key features and functionalities:

1. Campaign Creation and Management: Customers can create, customize, and manage various types of campaigns through their Lutendo account dashboard.
2. Tester Application and Selection: The platform facilitates the application process for product testers and provides tools for Customers to review and select suitable testers based on profiles and past performance.
3. Order Tracking: Customers can monitor product purchases by testers through order ID tracking.
4. Review Collection and Management: The platform automates the collection of product reviews from designated sales channels upon completion by testers.
5. Financial Transaction Management: Depending on the subscription tier, Lutendo offers varying levels of support for managing refunds, discounts, and other financial transactions associated with campaigns.

Access to Lutendo’s features and functionalities is provided through tiered subscription plans, each offering different levels of service, automation, and support. The extent of available features and the level of management required from the Customer depend on the chosen subscription tier.

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

To register a user account, you shall provide Lutendo with certain personal or business information, including but not limited to your full name, phone number, email address, physical address, and any other information requested to complete the registration process.

You undertake to provide true, accurate, and complete information about yourself during the registration process and to maintain such information as true, accurate, and complete at all times.

If you register through a third-party provider, you must give your consent for Lutendo to receive your data from the third-party provider to open an Account. Additionally, you must have accepted the third-party provider’s terms and conditions/policies.

If you use the Services on behalf of another party, company, or organization, you represent and warrant that you are authorized to bind such entity to this Agreement and to act on its behalf with respect to any actions you take in connection with the Services.

Your user account and password are personal and shall not be shared with or transferred to any other person.

You agree to use your user account as follows:

a) You shall not register more than one account unless expressly permitted by Lutendo;

b) You shall not allow third persons to use your account and you shall not transfer your account to third persons;

c) You shall keep your user account information accurate, complete, and up-to-date;

d) You shall keep your login details confidential at all times and shall contact Lutendo promptly if you have any reason to believe that your username or password are no longer confidential or if you suspect that someone is using your user account.

You are solely responsible and liable for any activity occurring on your account.

You must inform Lutendo immediately of any breach of security or unauthorized use of your account by emailing [email protected].

Lutendo will investigate any security breaches and reserves the right to suspend or terminate the account immediately.

Lutendo will not be liable for any losses caused by the unauthorized use of your account. However, you may be liable for Lutendo’s or other users‘ losses caused by such unauthorized use.

If you provide any information that is untrue, inaccurate, or incomplete, or if Lutendo has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Lutendo reserves the right to suspend use of or terminate your user account and refuse to provide the Services.

Lutendo and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Lutendo used herein are trademarks or registered trademarks of Lutendo. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Subject to your compliance with these Terms, Lutendo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal or internal business purposes.

You agree not to (and not to attempt to) (i) use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted in these Terms; or (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any software making up the Services.

Lutendo reserves the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Services.

Lutendo reserves the right to terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

By accepting these Terms, you acknowledge and agree to all provisions related to intellectual property rights as outlined in this section. Your use of the Services constitutes acceptance of these terms and your agreement to respect Lutendo’s intellectual property rights.

You may be permitted to post, upload, publish, submit or transmit content through the Services („User Content“). By making available any User Content through the Services, you grant to Lutendo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Services.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Lutendo the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Lutendo’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services („Feedback“). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Lutendo and you hereby irrevocably assign to Lutendo and agree to irrevocably assign to Lutendo all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

Lutendo respects copyright law and expects its users to do the same. It is Lutendo’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

The Services may contain links to third-party websites, affiliates or resources. You acknowledge and agree that Lutendo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lutendo of such websites or resources or the content, products, or services available from such websites or resources.

All users of the Lutendo platform, regardless of their role, agree to the following:

Users agree not to use any service on the website or platform for any illegal purposes and agree to use it in accordance with all relevant laws.

Users agree not to upload, post, or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer.

Users will not post or otherwise disseminate on the website or platform any material which is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate („Offensive Material“).

Users acknowledge that Lutendo’s content, trademarks, copyright, patents, logos, domain names, and other related intellectual property rights belong to Lutendo and/or its affiliates or licensors. Users agree not to engage in any act that infringes upon these rights.

Sellers shall allow testers to form their own opinions about the product and shall not attempt to influence their testing process or feedback.

In accordance with the campaign objective set during campaign creation, Sellers are required to process refunds promptly when the objective is achieved by a user on the platform.

While maintaining objectivity, Sellers shall be prepared to assist if testers encounter problems with the product. This includes providing troubleshooting support if necessary, without guiding the overall experience.

Sellers are obligated to resolve any issues that arise in the respective sales channel where their product is listed. Lutendo cannot be held responsible for any damages that might arise due to any external operation of any sales channel.

Testers shall provide honest, unbiased feedback about the products they test, without influence from the Seller or any third party.

Testers shall complete the testing process and provide feedback within the timeframe specified in the campaign guidelines.

Unless explicitly permitted by the campaign guidelines, Testers shall not disclose confidential information about the product or the testing process.

If a Tester returns the product after receiving a refund, their account will be immediately suspended, and they may be barred from using Lutendo’s services in the future.

Lutendo reserves the right to monitor user activity to ensure compliance with these obligations. Failure to adhere to these obligations may result in the suspension or termination of the user’s account, as well as potential legal action, at Lutendo’s discretion.

Users agree to indemnify and hold Lutendo harmless from any claims, damages, or losses arising from their failure to comply with these obligations.

Lutendo offers a variety of subscription tiers and packages designed to meet diverse customer needs. Our subscription model includes Standard, Managed, and Fully Managed tiers, each providing different levels of service and automation. Within each tier, Customers can choose from four package sizes: Basic, Professional, Premium, and Enterprise, offering varying numbers of Surcharges to accommodate different objectives and usage requirements.

For the purposes of this Agreement, „Surcharges“ refer to the units of service consumption that allow Customers to approve campaign applications in respect to the campaign objectives and execute campaign-related activities.

Standard and Managed tiers are available with monthly or yearly payment options, while the Fully Managed tier allows for complete usage of allotted Surcharges until consumed. Each subscription plan includes access to the Customer’s Lutendo account, dashboard, and platform.

Surcharges are consumed when a campaign application is approved. Unused monthly Surcharges do not roll over to the next subscription period. For subscription packages offering unlimited Surcharges, Lutendo will make reasonable efforts to provide unlimited Surcharges for the Customer’s account, subject to ownership verification requirements.

By maintaining an active subscription, the Customer is granted a non-exclusive, non-transferable right to access and use the Lutendo platform and its associated services for the duration of the subscription period, in accordance with the terms of this Agreement and the specific features of the chosen subscription plan.

Customers are allowed to conduct various campaigns for different sales channels through the Lutendo platform. It is the Customer’s sole responsibility to conduct campaigns in accordance with the compliance requirements of the respective sales channels. Lutendo is not obligated to provide any assistance for adhering to any external sales channel’s guidelines or policies.

Customers acknowledge and agree that they are solely responsible for ensuring their campaigns comply with all applicable laws, regulations, and policies of the sales channels they utilize. Lutendo’s provision of the platform and associated services does not constitute an endorsement of or guarantee compliance with any specific sales channel’s requirements.

The Customer acknowledges that continued access to and use of Lutendo’s services is contingent upon maintaining an active subscription and adhering to the terms outlined in this Agreement. Lutendo reserves the right to suspend or terminate access to its services in the event of subscription expiration, non-payment, or violation of the terms herein.

Lutendo reserves the right, at its sole discretion, to request proof of product ownership from any Customer, regardless of their subscription tier or package. This verification process is designed to ensure the integrity of our platform and protect the interests of all users.

In the event that such proof is requested, the Customer is obligated to provide sufficient evidence of ownership. Failure to provide satisfactory proof of ownership may result in the suspension or deactivation of the Customer’s campaign(s) until such proof is furnished. Lutendo shall not be held liable for any losses or damages incurred as a result of campaign suspension or deactivation due to non-compliance with ownership verification requests.

All Surcharges associated with campaigns that have been successfully verified, or those not subject to verification requests, remain at the Customer’s disposal for utilization in accordance with the terms of their subscription plan.

Managed Surcharges are available for purchase to all Customers, regardless of their subscription level, with pricing that may vary based on the quantity purchased. Customers with Managed tier subscriptions have Managed Surcharges included by default.

Managed Surcharges are essential for executing refunds from refund campaigns upon successful completion of campaign objectives. To utilize Managed Surcharges, Customers are required to deposit funds into their account balance. Automatic refunds and other financial transactions will be processed provided the account has sufficient balance and Managed Surcharges.

In the absence of adequate balance or Managed Surcharges, campaign applications from product testers for managed campaigns will be suspended until the necessary funds and Surcharges are deposited. It is the Customer’s responsibility to maintain sufficient balance and Managed Surcharges to ensure smooth operation of their campaigns.

We may invoice You for Your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.

Your payment method on file with our third party payment processor will be automatically charged at the end of each monthly or annual billing period.

When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically.

You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.

When making a purchase for any service on the website or platform, we accept payment methods supported by Stripe, including:

a) Credit or debit card payments

b) Payments issued by services like Mastercard, VISA, or American Express

c) Google Pay and Apple Pay (available in some regions)

Deposits made for the purpose of conducting managed refund campaigns are received and held by Lutendo in the course of our business operations. While these funds are in our Business Account, we manage them solely for the purpose of facilitating refund campaigns as agreed with our customers.

Lutendo maintains full control and discretion over the management and distribution of these funds in accordance with our service agreements and campaign objectives.

For the purpose of making deposits to fund managed refund campaigns, Lutendo currently accepts only Bitcoin payments. These payments are processed through our designated checkout page.

Customers are required to use Bitcoin for all deposits related to account balance replenishment. It is the customer’s responsibility to ensure the accuracy and completeness of all Bitcoin transactions made to Lutendo.

Lutendo is not responsible for any erroneous or delayed Bitcoin transactions for your payment fulfillment for any reason, including erroneous instructions or address information.

If you attempt to send any Bitcoin Deposit as a crypto asset other than bitcoin, that asset may be lost and unrecoverable, and you may incur losses as a result.

We are not responsible for delays or loss incurred as a result of an error in the initiation of the Transaction and have no obligation to assist in the remediation of such Transactions.

Lutendo reserves the right to modify the accepted payment methods and terms at any time. Any changes will be communicated to users in accordance with the „Changes to Terms of Use“ section of this Agreement.

Lutendo reserves the right to suspend or terminate your access to the Services if we discover or reasonably believe that you have violated, or attempted to violate, any term, condition, or the spirit of the Agreement. Such suspension or termination may be implemented at our sole discretion, with or without notice.

Users acknowledge and agree that their use of the Services is contingent upon compliance with all user obligations, campaign guidelines, and review and feedback policies as outlined in this Agreement. Failure to adhere to these terms may result in the suspension or termination of access to the Services.

In the event of service termination, suspension, or revocation of access, Lutendo may, at its sole discretion, provide a pro-rata refund for any unused Surcharges remaining in the current subscription period. The calculation and issuance of any such refund shall be determined by Lutendo and shall be considered final.

Users must comply with all applicable Sanctions and export restrictions, end-user restrictions, and antiterrorism laws. Use of the Services is prohibited if:

1. You, or any persons that you control or that control you, or that are directly related to you, are subject to any Sanctions;
2. You intend to send or receive any asset from a person subject to Sanctions or located in a country subject to Sanctions;
3. You are located in a country subject to Sanctions; or
4. Your use of the Services would violate any applicable law.

For the purposes of this Agreement, „Sanctions“ means any economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the United States of America (including by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC)), the United Nations, the European Union, or the United Kingdom, or other relevant sanctions authority (or respectively any department of governmental authority of the foregoing).

To fulfill our legal obligations, Lutendo may request additional information from you, including but not limited to know-your-business or know-your-customer documentation, date of birth, address, and other identifying information, or information relating to your ownership of any sales channel for which you intend to create campaigns.

To protect the integrity of the Services, Lutendo reserves the right, at any time and in its sole discretion, to block access to the Services from certain IP addresses and unique device identifiers.

Upon termination or suspension of your access to the Services, you shall immediately cease all use of the Services and any licenses granted under this Agreement shall immediately terminate. Sections of this Agreement that, by their nature, should survive termination will survive termination, including, but not limited to, warranty disclaimers, limitations of liability, and dispute resolution provisions.

All purchases are non-refundable unless explicitly stated otherwise in this section. Users may cancel their subscription at any time either by accessing their account settings on the Lutendo platform or by contacting Lutendo directly. Cancellations will take effect at the end of the current paid term.

Users who choose one-time payment services have the right to request a refund within fourteen (14) days of purchase, provided that no significant action has been taken to provide the service.

„Significant action“ includes, but is not limited to, the allocation of resources, initiation of campaigns, or any other substantive steps taken to deliver the purchased service.

For subscription-based services, users may cancel their subscription at any time. Such cancellation will take effect at the end of the current subscription period. For the purposes of this policy, service is deemed to have begun when any Surcharges associated with the subscription have been utilized or when any campaign has been initiated, whichever occurs first.

Once Lutendo has commenced providing Services, including but not limited to allocating resources or initiating campaigns, refunds may not be available. This policy is necessitated by the bespoke nature and costs associated with preparing and delivering our Services.

The use of any Surcharges associated with a subscription or one-time purchase constitutes the commencement of services.

If you are unsatisfied with our services or wish to request a refund within the eligible period, please contact our customer support team at [email protected]. Each request will be reviewed on a case-by-case basis in accordance with this policy.

Notwithstanding the non-refundable nature of purchases, particularly after a campaign has been launched, Lutendo is committed to customer satisfaction.

In the event of customer dissatisfaction with the Services, Lutendo shall, in good faith, endeavor to find mutually beneficial resolutions. Such resolutions may include, but are not limited to, service adjustments, campaign improvements, or credits toward future services.

The provision of any such resolutions shall be at Lutendo’s sole discretion and shall not be construed as an admission of fault or a waiver of any rights under this Agreement.

Any resolution offered under this section does not create an obligation for Lutendo to provide similar resolutions in future instances.

THE SERVICES, MATERIALS, AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. LUTENDO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

LUTENDO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. LUTENDO DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. LUTENDO IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.

WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

To the fullest extent permitted by applicable law, Lutendo and its directors, officers, employees, agents, partners, and licensors (collectively, the „Lutendo Parties“) shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Lutendo has been advised of the possibility of such damages), resulting from:

a) Your use or inability to use the Services;

b) Any conduct or content of any third party on the Services;

c) Any content obtained from the Services; or

d) Unauthorized access, use, or alteration of your transmissions or content.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

You acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Lutendo and you, and that the Services would not be provided without such limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations in this section may not apply to you. In particular, nothing in these Terms shall affect the statutory rights of any user or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Lutendo.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys‘ fees and expenses, made by any third party due to or arising out of:

a) Your use of the Services;

b) Your breach of these Terms of Use;

c) Any content you post, upload, use, or store on the Services;

d) Any interactions you have with other users of the Services;

e) Your violation of any rights of a third party, including but not limited to intellectual property rights;

f) Your violation of any applicable laws, rules, or regulations;

g) Any misrepresentation made by you; or

h) Your authorized or unauthorized use of the Services.

You agree to promptly notify Lutendo of any third-party claims, cooperate with Lutendo in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys‘ fees). You agree that you will not settle any third-party claim that is subject to indemnification under this section without our prior written consent.

Notwithstanding the foregoing, Lutendo retains the right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of action which are brought against them under the terms of this indemnification provision. Lutendo reserves the right to select its own legal counsel to represent its interests when a claim is tendered to you for indemnification.

This indemnification obligation will survive these Terms of Use and your use of the Services.

Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its principles and rules on conflict of laws.

The Parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the relevant courts of the Republic of Estonia. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

Any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. Any claim or cause of action not filed within such one-year period shall be deemed permanently barred.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement will remain in full force and effect.

By using the Lutendo Services, you acknowledge and agree to these governing law and jurisdiction terms. If you do not agree with these terms, please refrain from using our Services.

The Parties agree to attempt in good faith to settle through negotiations any dispute, disagreement, or claim arising out of or in connection with the execution, termination, or rescission of this Agreement.

The Party asserting a claim shall send a written notice to the other Party detailing the nature of the claim. Such notice shall contain the essential elements of the claim and any supporting evidence.

If the receiving Party fails to respond to the claim within thirty (30) Business Days from the sending date of the notice, or if the Parties have failed to reach an amicable settlement within this period, the dispute may be brought before the appropriate court as specified in this Agreement.

To the fullest extent permitted by applicable law, each Party hereby waives any right to a trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or relating to this Agreement.

Lutendo reserves the right, at its sole discretion, to modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms periodically for changes.

We will notify users of material changes to these Terms by posting a notice on our website or by sending an email to the email address associated with your account.

Any changes to these Terms will become effective immediately upon posting, unless otherwise stated. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.

If you do not agree to any changed Terms, you must discontinue using the Services. By continuing to access or use our Services after the changes become effective, you agree to be bound by the revised Terms.

Lutendo may, at its discretion, provide access to prior versions of the Terms. However, please note that your use of the Services is governed by the current version of the Terms at the time of use.

Previous version: {24/03/2024}

Previous version: {27/11/2023}

Questions or comments about the Website or these Terms of Service may be directed to our support team at [email protected].