Terms of Service


Scope of Application

These Terms of Service apply to all agreements between you (whether you're a consumer or business) and Nikel Schubert (also referred to as "seller" or "us", "our", "we") for any goods or services offered through https://lumivote.com ("service", "platform"). Unless we've agreed to different terms in writing, your own terms and conditions do not apply.

Content you share

You remain the owner of any content you share with us and our service, including but not limited to text, images, videos, and other materials. You are responsible for protecting your rights to it. You are solely responsible for the content you post, and you confirm that it does not break any laws, violate copyrights or other rights, or contain illegal, offensive, or inappropriate material. We are not responsible for any content posted by you or others. However, by submitting content, such as feature requests, comments, votes, images and other data, you give us permission to use, share, modify, display, and distribute it worldwide, without fees, to operate and improve our service. This permission also allows us to grant these rights to others if needed. We are not required to monitor content but may remove or disable anything at its own discretion. You agree to take full responsibility for any legal claims, damages, or costs that result from your content or any violation of these terms, protecting us from any liability.

All content on our platform is either owned by us or used with permission. You are not allowed to copy, share, modify, download, repost, or use it for any personal or commercial purposes without our written approval.

Indemnification

If your actions cause any legal issues, you agree to take full responsibility and protect us, including our team, partners, and licensors, from any harm. This means you will cover any costs, losses, or legal fees if a claim arises due to:

Intellectual Property

The service and its content, design, features, code, logos, and all related materials excluding user-generated content, is owned by us or our partners. You are allowed to use the service only as described in these Terms. You cannot copy, change, share, or try to figure out how the service works without our permission. You also can't use it for any commercial purposes unless we agree in writing. If you misuse the service or its materials, we may stop your access and take legal action if necessary.

Account Creation

To sign up, you must be at least 18 years old and provide accurate, up-to-date information. If your information is incorrect or outdated, we may delete your account immediately. You are responsible for keeping your login details secure and controlling access to your account. Any activity that happens under your account is your responsibility. If you think someone else has accessed your account without permission, let us know right away. Usernames must not impersonate others, violate trademarks, or contain offensive, vulgar, or inappropriate language. We have the right to refuse service, remove content, or close accounts at our discretion.

Termination of Account and Contract

We reserve the right to suspend or terminate your account and access to our services at any time, for any reason, without prior notice. This includes, but is not limited to, violations of these Terms of Service, illegal or inappropriate activity, or actions that may harm us, the service, its users, or its operations. Termination may also result in the deletion of any content or data associated with your account. You agree that we or the service is not liable for any consequences resulting from the termination of your account or contract. Certain provisions of these Terms of Service will continue to apply even after termination, including but not limited to ownership of content, limitations of liability, disclaimers, indemnification, and any rights or obligations that, by their nature, should survive termination.

Limitation of Liability

Nikel Schubert, the Service, his affiliates, directors, employees, and partners are not responsible for any indirect, incidental, special, consequential, or punitive damages, such as, but not limited to, lost profits, data, goodwill, or other intangible losses. This includes damages caused by

These limitations apply no matter the legal reason for the claim, even if a solution we provide doesn't work as intended.

Some local laws do not allow us to exclude certain warranties or limit liability for specific types of damages, like indirect or incidental damages. This means that some of the limitations mentioned above might not apply to you, depending on where you live.

Third-Party Links

The service may include links to third-party websites or services for your convenience, but we do not control or endorse them. We are not responsible for the content, policies, or practices of any third-party sites. Your use of these links is at your own risk, and we are not liable for any damages, losses, or issues that may arise from accessing or using third-party websites. We encourage you to review their terms and privacy policies before engaging with them.

Severability

In general, if any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law, such provision will be modified or severed to the minimum extent necessary to make it valid, legal, and enforceable. The invalidity or unenforceability of any provision will not affect the validity or enforceability of the remaining provisions of these Terms, which will continue in full force and effect.

Disclaimer

Your use of the service is entirely at your own risk. The service is provided on an 'as-is' and 'as-available' basis, without any warranties of any kind, either express or implied. We disclaim all responsibility and liability for the availability, accuracy, reliability, security, or suitability of the service for any particular purpose. We do not guarantee that the service will be uninterrupted, error-free, or free from viruses or other harmful components. You are solely responsible for any damage to your devices, data, or business resulting from your use of the service. By using the service, you acknowledge and agree that you assume all risks associated with its use.

Applicable Law

All legal matters between you and us will be governed by the laws of Germany, excluding any international laws on the sale of goods. If you are a consumer, this applies only if it does not take away any protections you have under the mandatory laws of the country where you usually live.

Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service at any time, at our sole discretion. We will provide notice at least 10 days before they take effect. Your continued use of our service after such changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the service. We encourage you to review these Terms periodically to stay informed about any updates.

Questions?

For any questions please reach out: info@lumivote.com