PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE (DEFINED BELOW) IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.
Last Updated: July 1st, 2022
Welcome to Lucidity Insights. Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications (the “Service”). If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at firstname.lastname@example.org
These Terms of Service (the “Terms”) are a binding contract between you and Lucidity Insights FZ LLC (“Lucidity Insights,” “we”, “our” and “us”). By using the Service in any way, you agree to and accept all of these Terms, and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. These Terms govern your access to the Service and use of all data, content and other information on Lucidity Insight’s websites, applications, products and other properties and include the provisions in this document.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will These Terms Ever Change?
We are constantly trying to improve our Service, so these Terms may need to change along with the Service. We reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Lucidity Insights Website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by you and Lucidity Insights.
What About My Privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at email@example.com.
What are the basics of using the Service?
As part of using the Service you may be required to sign up for an account and select a password and email or user name (your “Lucidity Insights User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Lucidity Insights User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You will only use the Service and Content (defined below) in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your use of the Service in any way that breaks the law.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re 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).
Your use of the Service is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute or submit any User Submission (defined below) or other materials or otherwise use the Service or interact with the Service in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Lucidity Insights);
- Violates any law or regulation, including without limitation any applicable export control laws and/or data privacy laws, or would cause Lucidity Insights to be in violation of any law or regulation (including, without limitation, any laws relating to labor, employment, or the issuance of securities);
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Lucidity Insights account or anyone else’s (such as allowing someone else to log in to the Service as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
- Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Service.
What are my rights with respect to this Service?
The materials displayed or published or available on or through the Service, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way (including through the Lucidity Insights website, API, mobile applications, downloads, etc.). You will not use, copy, reproduce, adapt, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including Lucidity Insights’s) rights. Notwithstanding the foregoing, you may display insubstantial excerpts of Content for criticism, commentary, news reporting, teaching, scholarship, research and similar purposes, provided:
- The use does not compete with the Services;
- And Proper attribution is provided to Lucidity Insights (please follow out Attribution Instructions, to ensure that you are properly attributing Lucidity Insights)
Any other uses of Content require Lucidity Insights’s prior written consent.
You understand that Lucidity Insights owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.
If you would like to use Content in any manner other than as expressly permitted by these Terms (for example, exporting data via Lucidity Insights’s API or including data in any other product or service), please visit our products page to learn more about the different ways that Lucidity Insights provides its data and find the solution that is right for you. You may be required to submit an application and/or meet certain eligibility criteria in order to participate in a program, and there may be different terms and conditions which apply to the specific program that you choose. You must agree to all terms and conditions and, if applicable, pay all required fees which apply to your specific program. These Terms apply to all such programs unless specifically stated otherwise in the applicable program terms.
Do I have to grant any licenses to Lucidity Insights or to Other Users?
Certain parts of the Service may allow you to integrate with other third-party accounts of yours, such as data from your productivity tools (e.g. CRMs, e-mail, sales engagement tools, etc.). If you choose to use these parts of the Service, you grant Lucidity Insights all licenses and rights necessary for Lucidity Insights to provide the Service to you, including a license for Lucidity Insights to read and write to your third-party account, to extract data from and upload data to your third-party account, and to share data extracted from your third-party account with other members of your team or institution, as further described in the next paragraph.
What if I see something on the Service that infringes my copyright?
Under the WIPO Copyright Treaty, the European Union Copyright Directive (the “EUCD”, and the Digital Millennium Copyright Act (the “DMCA”), online service providers, like Lucidity Insights, may be asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. If you believe someone’s copyrights have been violated, you can contact us at firstname.lastname@example.org
Who is responsible for what I see and do on the Service?
Any information or Content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such Content originated. You access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.
You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. Content includes, without limitation, personally identifiable information about you or any other person. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service.
Content that constitutes personally identifiable information may be subject to privacy laws or regulations. You are solely responsible for understanding how privacy laws and regulations may impact your use of such Content and for ensuring that your use (including retention, storage, and all other forms of processing) complies with all such laws and regulations.
Lucidity Insights has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services or by any third-party that you interact with through the Service. In addition, Lucidity Insights will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. By using the Service, you release and hold us harmless from any and all liability arising from your access to or use of any Third-Party Service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. You agree that Lucidity Insights shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third- party, you agree that Lucidity Insights is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Lucidity Insights, its affiliates, and its and their directors, officers, agents, employees, partners, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.
Will Lucidity Insights Ever Change the Service?
We’re always trying to improve the Service, so it may change over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges that Content was contributed in violation of these Terms), in our sole discretion, and without notice.
From time to time, Lucidity Insights may require you to expunge some or all of the Content in your possession, and you will do so promptly upon request.
Does Using Lucidity Insights cost Anything?
We reserve the right to charge for certain parts or all of the Service. Certain aspects or uses of the Service require you to pay fees, for example, in order to access certain content or be able to download or export data. Visit our Products Page for current descriptions of these services and the applicable fees. You agree to pay all fees which apply to your use of the Service. Lucidity Insights reserves the right to change any fees and pricing applicable to the Service at any time upon notice to you (which may be sent by email or posted on Lucidity Insights’s website). Your use of the Service following such notification constitutes your acceptance of any new or increased fees.
What if I want to stop using Lucidity Insights?
Lucidity Insights is also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms. Lucidity Insights has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Additionally, upon termination of your account Lucidity Insights may require you to expunge some or all of the Content in your possession, and you will do so promptly.
What Else Do I need to Know?
Warranty Disclaimer. Neither Lucidity Insights nor its licensors or suppliers makes any representations or warranties concerning the Service or any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of any materials (including Content) contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Lucidity Insights or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third-party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY LUCIDITY INSIGHTS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LUCIDITY INSIGHTS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LUCIDITY INSIGHTS IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold Lucidity Insights, its affiliates, and its and their directors, officers, agents, employees, partners, and successors harmless from and against any and all claims, liabilities, penalties (including governmental fines), damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way relating to (a) your use of the Service (including any actions taken by a third-party using your account), or (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Lucidity Insights’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the United Arab Emirates, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Lucidity Insights or against any director, officer or employee of Lucidity Insights in their personal capacity) shall be finally settled in Dubai, United Arab Emirates, in English and Arabic, in accordance with the rules and laws of the United Arab Emirates. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the emirate or federal courts located in, respectively, Dubai, United Arab Emirates or Abu Dhabi, United Arab Emirates. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LUCIDITY INSIGHTS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Third-Party Trademarks. All third-party names, logos, product and service names, designs, and slogans (collectively, “Third-Party Trademark(s)”) contained in the Service are the property of their respective owners. Third-Party Trademarks are used by Lucidity Insights to refer to the owners of the Third-Party Trademark(s) in question and use by Lucidity Insights is not intended to (and does not) constitute or imply any kind of relationship between Lucidity Insights and the owners of the Third-Party Trademark(s) in question, including any affiliation, sponsorship, endorsement or approval of products and/or services, unless otherwise expressly indicated.
Safe Harbor Statement. Any statements made by Lucidity Insights, oral or written, about new Service features or functionality are intended to outline Lucidity Insights’s general product direction for information purposes only and are not a commitment to deliver any material, applications, or functionality, and should not be relied upon. The development, release, and timing of any features or functionality remains at Lucidity Insights’s sole discretion.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Lucidity Insights may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Lucidity Insights agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lucidity Insights, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Lucidity Insights, and you do not have any authority of any kind to bind Lucidity Insights in any respect whatsoever. You and Lucidity Insights agree there are no third-party beneficiaries intended under these Terms.
We do not provide subscription refunds for Lucidity Insights products. But, if you are unsatisfied with our products, you can terminate any future subscriptions for future months or years.
If, and only if, you have purchased an annual package within the past 7 days, and have not accessed any locked content, you can send a special cancellation request to email@example.com within 7 days of your subscription beginning and we will review on a case by case basis, to help you terminate your subscription early and get a partial refund. If any locked content was accessed, no refunds will be issued.
If you would like to cancel your subscription, go to ‘My Account’ and select ‘My Plan’ under ‘Subscriptions’. You can “Stop Subscription” there. This will cancel only future charges associated with your subscription. Cancellations are effective at the end of the current billing period, and as such, Lucidity Insights does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. You will not receive a refund for the current billing cycle as you will continue to have the same access and benefits of your subscription for the remainder of the current billing period.
Lucidity Insights is also free to terminate (or suspend access to) your use of your subscription or your account, for any reason in our discretion, including a breach of our Terms of Service. Lucidity Insights has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. You will not be entitled to a refund in these circumstances.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.