Terms of Use
Terms governing use of the Luzmo platform and website.
Terms of Use
Terms of use (EU)
Disclaimer:
Please read these Terms of Use carefully before using any of the Luzmo Services (as both defined below). By clicking the “I agree” button, you agree that your use of the Services will be governed by these Terms of Use. You hereby state that these Terms of Use are in English, that you understand the content and agree to these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not access and use the Services in any manner, even if you already have an Account.
The Luzmo Services are operated and managed by Luzmo NV, a public limited company (“naamloze vennootschap”) with registered office at Martelarenlaan 38, 3010 Leuven, Belgium, registered with the Crossroad Bank for Enterprises (“Kruispuntbank van Ondernemingen”) under number 0640.944.227 (RLE Leuven) (hereinafter Luzmo”, “Luzmo”, “we”, “our” or “us”).
These terms of use (the “Terms of Use”) describe the terms and conditions under which users (“User(s)”, “you” or “your”) can use the Luzmo Services. The access to and use of the Luzmo Services is subject to acceptance without modification of all terms and conditions as contained in these Terms of Use.
If you have any questions about the Luzmo Services or these Terms of Use, please contact Luzmo directly by email support@luzmo.com.
1. Definitions
The following definitions (and additional definitions provided throughout these Terms of Use) will apply:
- “Account”: a unique account that must be created to enable Users to access and use the Services offered through the Digital Platform;
- “Article”: an article of these Terms of Use;
- “Digital Platform”: means our digital platform which allows you to connect and combine data and create and modify dashboards, in order to get actionable insights from this data;
- "Documentation": means all additional information provided by Luzmo to the Customer and made available to the User relating to the use of the Software via e.g. https://academy.luzmo.com;
- “Intellectual Property Rights”: means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
- “Luzmo Services” or “Services”: all the services provided by Luzmo to User, including but not limited to, through (i) the Website and/or (ii) the Digital Platform;
- “Personal Data”: will have the meaning given thereto in the General Data Protection Regulation;
- “User”: any natural person and/or legal entity who has created an Account or not. Users can be either Website Users, Customers or Authorized Users; and
- “Website”: the following website proprietary to the Luzmo: https://luzmo.com.
2. Luzmo’s Services
Luzmo’s Services allow you to connect and combine data from any source (cloud services, databases, local files, …), analyze this data and create and modify dashboards, in order to get actionable insights from this data. Users can use their dashboards for personal use, share dashboards with other users or user groups within the platform or dashboards can be embedded in websites and/or apps, or shared with others through the creation of third party permissions. More detailed information on the Digital Platform and its functionalities can be found on the Website.
These Terms of Use govern the use and access of the Digital Platform of a user, as well as all persons (and for purposes hereof a "person" includes natural persons and any type of incorporated or unincorporated entity) a user represents or has offered permission to use and access the Digital Platform. The Terms of Use also govern the content, information and services, free and/or paid, provided through the Website and/or the Digital Platform by Luzmo, its representatives, its users or any other relevant (third) party.
Each time you access and use the Digital Platform you state and confirm your acceptance and agreement, and the acceptance and agreement of all persons you represent or allow access, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent or allow access. Therefore, the Terms of Use constitute a legally binding agreement between Luzmo and you. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept the Terms of Use, you must immediately cease your access and use of the Digital Platform.
If you want to use the Services, you acknowledge that you have read and understood the following policies of Luzmo which govern the processing of your Personal Data and the way we use cookies:
Each time you access and use the Digital Platform, the Terms of Use as they then read will govern your access and use. Accordingly, when you access and use the Digital Platform you should check the date of these Terms of Use (which appears at the top of these Terms of Use) and review any changes since the last version.
3. Applicability
In the event any of the Services uses services or components (which may include open source software) of third parties or provides access to any third party websites, services and applications (“Third Party Services”), these Terms of Use will not apply to these Third Party Services and the terms and conditions, license agreements and/or privacy policies of those third parties will govern your use of the Third Party Services. You will be notified if and when such third party terms and conditions, license agreements and/or privacy policies are applicable. By accessing such Third Party Service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. Luzmo cannot be held liable in any way with regard to the use of the Third Party Services and the content of such third parties’ terms, license agreements or privacy policy.
Luzmo reserves the right at any time, and from time to time, with or without cause to:
- change, amend, or supplement these Terms of Use;
- change or update the Services, including, but not limited to, adding, eliminating or discontinuing, temporarily or permanently any tool, service or other feature of the Services without any prior notification and without any liability against the User or any third parties; or
- deny or terminate, in part, temporarily or permanently, your use of and/or access to the Services as set forth herein.
Any such amendments or changes made will be effective immediately upon Luzmo making such amendments or changes available in any of the Services or otherwise providing notice thereof. You agree that your continued use of any of the Services after such changes or amendments constitutes your acceptance of such changes.
4. Use of Digital Platform
To use the Digital Platform, your (mobile) device requires a WIFI or (mobile) internet connection. The access to such WIFI or (mobile) internet connection is your sole responsibility. Please make sure that your (mobile) device meets the minimum system requirements. If your (mobile) device does not meet these minimum system requirements, we cannot ensure that the Digital Platform will function properly. Luzmo will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You will be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and will be fully responsible for all activities that occur under your Account. You agree to immediately notify any unauthorized use or suspected unauthorized use of your account or any other breach of security and at the latest within twenty-four (24) hours. Luzmo will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Website. Through the Website you can consult general content relating to Luzmo (the company, its services, the Digital Platform, its use etc.). The Website can also be used to contact Luzmo, or to subscribe to its newsletter, through a contact form.
Digital Platform. The Digital Platform can be used to connect and combine data from any source (cloud services, databases, local files, …), analyze this data and create and modify dashboards, in order to get actionable insights from this data. Users can use their dashboards for personal use, share dashboards with other users or user groups within the platform or dashboards can be embedded in websites and/or apps, or shared with others through the creation of third party permissions.
Luzmo may, in its sole discretion, provide you with certain updates of the Digital Platform. For the avoidance of doubt, Luzmo is not obligated to provide any updates of the Digital Platform.
Free Trial. Luzmo is offering a free trial of its Digital Platform and its functionalities. This free trial is provided to give you access to the system at no charge for 10 calendar days, so that you can become familiar with its features and discover first-hand the Digital Platform and preview all it has to offer for you and your business. If you are a free trial User and use the Digital Platform and its content, you can use the Digital Platform for the purposes of:
- uploading data, linking and retrieving data from cloud services and adapting this data;
- connecting and combining data from any source (e.g. cloud services, databases or local files, …);
- analyzing data and creation and modification of dashboards;
- creating third party permissions for access to dashboards; and
- securely embedding dashboards in websites and/or apps.
Restrictions. You agree to use the Digital Platform only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to;
- upload, download, post, email, analyze or otherwise transmit any materials, including but not limited to text, data, graphics, photographs, images, document layouts, artwork, text, fonts, software tools, or any of these elements in combination as a design for services available on this Website and the Digital Platform or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, and intellectual property;
- upload, download, post, email, analyze or otherwise transmit any Content that is in in any way unlawful or invasive of another’s privacy rights or incorporate images or names that would violate a person's right of privacy or publicity;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email, analyze or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- upload, download, post, email, analyze or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation
- upload, download, post, email, analyze or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email, analyze or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Website and the Digital Platform or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or and the Digital Platform or affiliated or linked Websites or Digital Platforms;
- access, tamper with or use non-public areas of the Website and the Digital Platform. Unauthorized individuals attempting to access these areas of the Website and the Digital Platform may be subject to prosecution;
- disrupt or interfere with any other user's enjoyment of the Website and the Digital Platform or affiliated or linked Websites and Digital Platforms
- make the Digital Platform available or to sell or rent the Digital Platform to any third parties;
- adapt, alter, translate or modify in any manner the Digital Platform;
- sublicense, lease, rent, loan, distribute, or otherwise transfer the Digital Platform to any third party;
- decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Digital Platform;
- use or copy the Digital Platform;
- gain unauthorized access to accounts of other users or use the Digital Platform to conduct or promote any illegal activities;
- use any high volume automatic, electronic or manual process to access, search or harvest information from the Digital Platform (including without limitation robots, spiders or scripts);
- alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Digital Platform;
- intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Digital Platform for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or
- remove or in any manner circumvent any technical or other protective measures in the Digital Platform.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Digital Platform, including but not limited to any right to obtain possession of a copy, any source code, data or other technical material relating to the Digital Platform.
User account. If you start a free trial, you agree that you are responsible for protecting your password and controlling access to the Digital Platform. You agree that you will be responsible for all Content that you upload, download, post, email, analyze or otherwise transmit on or through the Website and the Digital Platform, whether through your free trial account or otherwise. You will immediately notify Luzmo of any unauthorized uses of your free trial account and any other breaches of security from the moment you obtain knowledge about this unauthorized use or breach.
You agree to waive any claims against Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Digital Platform, whether or not uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted by you or your representatives or any other (third) party. You agree to indemnify Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees from all claims and expenses, including reasonable attorney's fees, which are based on or arise from your violation of any of the provisions of this Agreement.
Upon using the Digital Platform, you acknowledge and agree that Luzmo may review and use your Content, for adherence to its guidelines and compliance with the terms and conditions set forth in the Terms of Use, as well as to collect information in connection with the use of the Digital Platform (such as but not limited to user analyses). Luzmo will however never consult your Content as such but only the metadata, except in the case of explicit request by you, in order to review and solve technical difficulties or problems. Luzmo will in doing so always comply with Belgian and European privacy obligations and regulations (cf. privacy policy) as well as other legal obligations and regulations. Should you believe that material located or linked to by Luzmo violates any of your (intellectual property) rights, please notify Luzmo immediately by using the following email address support@luzmo.com. Luzmo will do its best effort to respond to all such notices and take appropriate action. Luzmo, its directors, affiliates, subsidiaries, contractors, agents, representatives, employees and providers can however not be held liable by you or any other person for any loss or damages suffered by you or any other person as a result of this supposed violation.
You understand that the technical processing and operation of the Digital Platform, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
License by User. By uploading, creating or otherwise providing any information, data, or content through the Digital Platform (the “User Content”), you grant Luzmo a perpetual, non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content to the extent necessary to provide, maintain and improve the Services. Luzmo reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation.
The Content you upload, download, post, email, analyze or otherwise transmit to or through the Digital Platform is your responsibility and your copyright property or that of other parties from whom you have licensed this. You acknowledge and agree that Luzmo may review and use the metadata to collect information in connection with the use of the Website and the Digital Platform (such as but not limited to user analyses). For more information relating to privacy and the use of (meta)data by Luzmo please consult our privacy policy.
5. Intellectual Property Rights
As between the User and Luzmo, the Services, the Website and the Digital Platform and all Intellectual Property Rights pertaining thereto, are the exclusive property of Luzmo and/or its licensors. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Website and/or the Digital Platform and/or the Content of Luzmo except as expressly allowed in these Terms of Use.
All rights, titles and interests in and to the Services, the Website and the Digital Platform or any part thereof not expressly granted to the User in this agreement are reserved by Luzmo.
Luzmo grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use Luzmo’s proprietary online platform, including without limitation the Digital Platform and Luzmo’s software in accordance with these Terms of Use and solely as necessary to use the Digital Platform and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Digital Platform or the software, in whole or in part. All rights not specifically granted to you under this Agreement are expressly reserved by Luzmo
You acknowledge and agree that Luzmo may use any suggestions or feedback made by you in order to evaluate the Digital Platform and its functionalities and measure and improve performance, solve technical difficulties, identify areas of improvement and use compliments as testimonial.
6. Disclaimer, Liability, Exclusion, Liability Limitation, Release and Indemnity
Luzmo does not accept any liability for your access and use of the Digital Platform. For that reason, the following provisions apply to your access and use of the Digital Platform.
Disclaimer. Your access and use of the Digital Platform are at your own risk. The Digital Platform is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers to the fullest extent permitted by law.
You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Digital Platform.
The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Website and the Digital Platform may be affected by numerous factors beyond Luzmo’s control. The operation of the Website and the Digital Platform may not be continuous or uninterrupted, secure or private.
Without limiting the generality of the foregoing, Luzmo, and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers make no representation, warranty or condition that:
- the Website and the Digital Platform will be compatible with your computer and related equipment and software;
- the Website and the Digital Platform will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- the Website and the Digital Platform or (analyses) derived from the Website and the Digital Platform will meet your requirements;
- the information contained in the Website and the Digital Platform or (analyses) derived from the Website and the Digital Platform will be accurate, complete, sequential or timely;
- certain or any results may be obtained through the use of the Website and the Digital Platform;
- the use of the Website and the Digital Platform, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
- the use of the Website and the Digital Platform will not infringe the rights (including intellectual property rights) of any person; and Luzmo and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by Luzmo to give effect to, or for any failure or delay by Luzmo in receiving, accessing, processing or accepting, any communication sent to Luzmo by means of the Website and the Digital Platform or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website and the Digital Platform or email services, or for any damages in connection with the Website and the Digital Platform or any Content.
Luzmo does not and cannot review all the Content and material, including computer software, uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted on or through the Website and the Digital Platform.
You expressly agree that use of this Website and the Digital Platform, including all Content, data or software distributed by, downloaded or accessed from or through this Website and the Digital Platform, is at your sole risk.
You acknowledge that Luzmo does not control in any respect any information, products, or services offered by third parties on or through this Website and the Digital Platform.
Except as otherwise agreed in writing, Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of Content or products distributed or made available by third parties through this Website and the Digital Platform.
No advice or information, whether oral or written, obtained by you from Luzmo or through or from the Website and the Digital Platform shall create any warranty not expressly stated in the Agreement.
Liability Exclusion. To the fullest extent permitted by law, Luzmo nor its directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers will under any circumstances (unless in case of gross negligence or willful misconduct) be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website and the Digital Platform by you or any other person, and regardless of any negligence or other fault or wrongdoing by Luzmo or its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers, and notwithstanding that Luzmo or its directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Indemnity. You agree to indemnify, defend and hold harmless each of Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Website and the Digital Platform, your uploads, downloads, posts, emails, analyses or otherwise transmissions of Content or information or your breach of these Terms of Use. You will assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any claim or demand. Advice and information provided by Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend these Terms of Use, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
7. Support
In case you need technical support, you can contact Luzmo’s customer service directly by email support@luzmo.com.
8. Privacy Statement
Luzmo recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. For more information about the processing of your Personal Data, view our Privacy Statement and Cookie Statement.
9. Term and Termination
Luzmo may terminate with immediate effect your right to access and use of Services if Luzmo believes or has reasonable grounds to suspect that you are violating these Terms of Use.
Luzmo may, at any time and for any reason and at its sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Digital Platform or any part or functionalities; or (b) restrict, suspend or terminate (in whole or in part) your free trial account, password, permission to access or use the Digital Platform and/or remove and discard any Content you may have contributed to or gained from the use of the Digital Platform; all without any notice or liability to you or any other person.
You agree that any termination of your access to or use of the Digital Platform under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Luzmo may immediately deactivate or delete your free trial account and all related information, files and dashboards and/or ban any further access to such files on the Digital Platform. A free trial account terminated by Luzmo will possibly not be backed-up for any reason and can be immediately deleted from our servers. Further, you agree that Luzmo shall not be liable to you or any third-party for any termination of your access to the Digital Platform.
Should you object to any terms and conditions of these Terms of Use or become dissatisfied with the Digital Platform in any way, you can contact Luzmo on the e-mail address support@luzmo.com or discontinue your use of the Digital Platform and/or terminate your free trial account.
Effects of termination. Upon the termination of your right to access and use the Services (i) Luzmo will sanitize, anonymize or destroy the Personal Data related to your Account, within thirty (30) calendar days upon termination of these Terms of Use in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept to comply with relevant legal and regulatory retention requirements may be kept by Luzmo beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations; (ii) upon written request submitted by the User to Luzmo no later than fourteen (14) calendar days prior to the termination of the agreement, Luzmo will provide the User, immediately prior to the sanitization, anonymization and destruction thereof, with a readable and usable copy of the Personal Data and/or the systems containing Personal Data; and (iii) all rights and obligations of Luzmo or the User under these Terms of Use will terminate, except those rights and obligations under those sections specifically designated herein.
Free Trial Users. You can end your free trial period at any time without penalty provided that you notify Luzmo via support@luzmo.com. During your free trial period, Luzmo can contact you to ask you if you would like to convert to a paid account at the end of the trial period, at which moment Luzmo will also provide you with all the information in order for you to make an informed decision on this. If you decide to convert your free trial account, your content and access or use of the Digital Platform will continue without any loss of data and without the possible consequences as described above.
10. Miscellaneous
Force Majeure. Luzmo will not be liable for any failure or delay in the performance of its obligations with regard to the Services if such delay or failure is due to causes beyond our control including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics, telecommunications, network, computer, server or Internet downtime, cyber-attacks, unauthorized access to Luzmo’s information technology systems by third parties or any other cause beyond the reasonable control of Luzmo (the “Force Majeure Event”).
Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Waiver. Any failure to enforce any provision of the Terms of Use will not constitute a waiver thereof or of any other provision.
Assignment. You may not assign or transfer these Terms of Use or any rights or obligations to any third party. Luzmo will be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.
Notices. All notices from Luzmo intended for receipt by you will be deemed delivered and effective when sent to the email address provided by you on your Account. If you change this email address, you must update your email address on your personal settings page.
Governing law and jurisdiction. These Terms of Use will be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. Any dispute with respect to the validity and/or interpretation of these Terms of Use will be finally settled by the competent courts of Leuven.
Archive
Terms of use (US)
Disclaimer:
Please read these Terms of Use carefully before using any of the Luzmo Services (as both defined below). By clicking the “I agree” button, you agree that your use of the Services will be governed by these Terms of Use. You hereby state that these Terms of Use are in English, that you understand the content and agree to these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not access and use the Services in any manner, even if you already have an Account.
The Luzmo Services are operated and managed by Cumul.io Inc., a company incorporated and registered under the laws of Delaware with registered office at Martelarenlaan 38, 3010 Leuven, Belgium (hereinafter Luzmo”, “Luzmo”, “we”, “our” or “us”).
These terms of use (the “Terms of Use”) describe the terms and conditions under which users (“User(s)”, “you” or “your”) can use the Luzmo Services. The access to and use of the Luzmo Services is subject to acceptance without modification of all terms and conditions as contained in these Terms of Use.
If you have any questions about the Luzmo Services or these Terms of Use, please contact Luzmo directly by email support@luzmo.com.
1. Definitions
The following definitions (and additional definitions provided throughout these Terms of Use) will apply:
- “Account”: a unique account that must be created to enable Users to access and use the Services offered through the Digital Platform;
- “Article”: an article of these Terms of Use;
- “Digital Platform”: means our digital platform which allows you to connect and combine data and create and modify dashboards, in order to get actionable insights from this data;
- "Documentation": means all additional information provided by Luzmo to the Customer and made available to the User relating to the use of the Software via e.g. https://academy.luzmo.com;
- “Intellectual Property Rights”: means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
- “Luzmo Services” or “Services”: all the services provided by Luzmo to User, including but not limited to, through (i) the Website and/or (ii) the Digital Platform;
- “Personal Data”: will have the meaning given thereto in the General Data Protection Regulation;
- “User”: any natural person and/or legal entity who has created an Account or not. Users can be either Website Users, Customers or Authorized Users; and
- “Website”: the following website proprietary to the Luzmo: https://luzmo.com.
2. Luzmo’s Services
Luzmo’s Services allow you to connect and combine data from any source (cloud services, databases, local files, …), analyze this data and create and modify dashboards, in order to get actionable insights from this data. Users can use their dashboards for personal use, share dashboards with other users or user groups within the platform or dashboards can be embedded in websites and/or apps, or shared with others through the creation of third party permissions. More detailed information on the Digital Platform and its functionalities can be found on the Website.
These Terms of Use govern the use and access of the Digital Platform of a user, as well as all persons (and for purposes hereof a "person" includes natural persons and any type of incorporated or unincorporated entity) a user represents or has offered permission to use and access the Digital Platform. The Terms of Use also govern the content, information and services, free and/or paid, provided through the Website and/or the Digital Platform by Luzmo, its representatives, its users or any other relevant (third) party.
Each time you access and use the Digital Platform you state and confirm your acceptance and agreement, and the acceptance and agreement of all persons you represent or allow access, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent or allow access. Therefore, the Terms of Use constitute a legally binding agreement between Luzmo and you. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept the Terms of Use, you must immediately cease your access and use of the Digital Platform.
If you want to use the Services, you acknowledge that you have read and understood the following policies of Luzmo which govern the processing of your Personal Data and the way we use cookies:
Each time you access and use the Digital Platform, the Terms of Use as they then read will govern your access and use. Accordingly, when you access and use the Digital Platform you should check the date of these Terms of Use (which appears at the top of these Terms of Use) and review any changes since the last version.
3. Applicability
In the event any of the Services uses services or components (which may include open source software) of third parties or provides access to any third party websites, services and applications (“Third Party Services”), these Terms of Use will not apply to these Third Party Services and the terms and conditions, license agreements and/or privacy policies of those third parties will govern your use of the Third Party Services. You will be notified if and when such third party terms and conditions, license agreements and/or privacy policies are applicable. By accessing such Third Party Service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. Luzmo cannot be held liable in any way with regard to the use of the Third Party Services and the content of such third parties’ terms, license agreements or privacy policy.
Luzmo reserves the right at any time, and from time to time, with or without cause to:
- change, amend, or supplement these Terms of Use;
- change or update the Services, including, but not limited to, adding, eliminating or discontinuing, temporarily or permanently any tool, service or other feature of the Services without any prior notification and without any liability against the User or any third parties; or
- deny or terminate, in part, temporarily or permanently, your use of and/or access to the Services as set forth herein.
Any such amendments or changes made will be effective immediately upon Luzmo making such amendments or changes available in any of the Services or otherwise providing notice thereof. You agree that your continued use of any of the Services after such changes or amendments constitutes your acceptance of such changes.
4. Use of Digital Platform
To use the Digital Platform, your (mobile) device requires a WIFI or (mobile) internet connection. The access to such WIFI or (mobile) internet connection is your sole responsibility. Please make sure that your (mobile) device meets the minimum system requirements. If your (mobile) device does not meet these minimum system requirements, we cannot ensure that the Digital Platform will function properly. Luzmo will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You will be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and will be fully responsible for all activities that occur under your Account. You agree to immediately notify any unauthorized use or suspected unauthorized use of your account or any other breach of security and at the latest within twenty-four (24) hours. Luzmo will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Website. Through the Website you can consult general content relating to Luzmo (the company, its services, the Digital Platform, its use etc.). The Website can also be used to contact Luzmo, or to subscribe to its newsletter, through a contact form.
Digital Platform. The Digital Platform can be used to connect and combine data from any source (cloud services, databases, local files, …), analyze this data and create and modify dashboards, in order to get actionable insights from this data. Users can use their dashboards for personal use, share dashboards with other users or user groups within the platform or dashboards can be embedded in websites and/or apps, or shared with others through the creation of third party permissions.
Luzmo may, in its sole discretion, provide you with certain updates of the Digital Platform. For the avoidance of doubt, Luzmo is not obligated to provide any updates of the Digital Platform.
Free Trial. Luzmo is offering a free trial of its Digital Platform and its functionalities. This free trial is provided to give you access to the system at no charge for 10 calendar days, so that you can become familiar with its features and discover first-hand the Digital Platform and preview all it has to offer for you and your business. If you are a free trial User and use the Digital Platform and its content, you can use the Digital Platform for the purposes of:
- uploading data, linking and retrieving data from cloud services and adapting this data;
- connecting and combining data from any source (e.g. cloud services, databases or local files, …);
- analyzing data and creation and modification of dashboards;
- creating third party permissions for access to dashboards; and
- securely embedding dashboards in websites and/or apps.
Restrictions. You agree to use the Digital Platform only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to;
- upload, download, post, email, analyze or otherwise transmit any materials, including but not limited to text, data, graphics, photographs, images, document layouts, artwork, text, fonts, software tools, or any of these elements in combination as a design for services available on this Website and the Digital Platform or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, and intellectual property;
- upload, download, post, email, analyze or otherwise transmit any Content that is in in any way unlawful or invasive of another’s privacy rights or incorporate images or names that would violate a person's right of privacy or publicity;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email, analyze or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- upload, download, post, email, analyze or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation
- upload, download, post, email, analyze or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email, analyze or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Website and the Digital Platform or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or and the Digital Platform or affiliated or linked Websites or Digital Platforms;
- access, tamper with or use non-public areas of the Website and the Digital Platform. Unauthorized individuals attempting to access these areas of the Website and the Digital Platform may be subject to prosecution;
- disrupt or interfere with any other user's enjoyment of the Website and the Digital Platform or affiliated or linked Websites and Digital Platforms
- make the Digital Platform available or to sell or rent the Digital Platform to any third parties;
- adapt, alter, translate or modify in any manner the Digital Platform;
- sublicense, lease, rent, loan, distribute, or otherwise transfer the Digital Platform to any third party;
- decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Digital Platform;
- use or copy the Digital Platform;
- gain unauthorized access to accounts of other users or use the Digital Platform to conduct or promote any illegal activities;
- use any high volume automatic, electronic or manual process to access, search or harvest information from the Digital Platform (including without limitation robots, spiders or scripts);
- alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Digital Platform;
- intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Digital Platform for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or
- remove or in any manner circumvent any technical or other protective measures in the Digital Platform.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Digital Platform, including but not limited to any right to obtain possession of a copy, any source code, data or other technical material relating to the Digital Platform.
User account. If you start a free trial, you agree that you are responsible for protecting your password and controlling access to the Digital Platform. You agree that you will be responsible for all Content that you upload, download, post, email, analyze or otherwise transmit on or through the Website and the Digital Platform, whether through your free trial account or otherwise. You will immediately notify Luzmo of any unauthorized uses of your free trial account and any other breaches of security from the moment you obtain knowledge about this unauthorized use or breach.
You agree to waive any claims against Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Digital Platform, whether or not uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted by you or your representatives or any other (third) party. You agree to indemnify Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees from all claims and expenses, including reasonable attorney's fees, which are based on or arise from your violation of any of the provisions of this Agreement.
Upon using the Digital Platform, you acknowledge and agree that Luzmo may review and use your Content, for adherence to its guidelines and compliance with the terms and conditions set forth in the Terms of Use, as well as to collect information in connection with the use of the Digital Platform (such as but not limited to user analyses). Luzmo will however never consult your Content as such but only the metadata, except in the case of explicit request by you, in order to review and solve technical difficulties or problems. Luzmo will in doing so always comply with Belgian and European privacy obligations and regulations (cf. privacy policy) as well as other legal obligations and regulations. Should you believe that material located or linked to by Luzmo violates any of your (intellectual property) rights, please notify Luzmo immediately by using the following email address support@luzmo.com. Luzmo will do its best effort to respond to all such notices and take appropriate action. Luzmo, its directors, affiliates, subsidiaries, contractors, agents, representatives, employees and providers can however not be held liable by you or any other person for any loss or damages suffered by you or any other person as a result of this supposed violation.
You understand that the technical processing and operation of the Digital Platform, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
License by User. By uploading, creating or otherwise providing any information, data, or content through the Digital Platform (the “User Content”), you grant Luzmo a perpetual, non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content to the extent necessary to provide, maintain and improve the Services. Luzmo reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation.
The Content you upload, download, post, email, analyze or otherwise transmit to or through the Digital Platform is your responsibility and your copyright property or that of other parties from whom you have licensed this. You acknowledge and agree that Luzmo may review and use the metadata to collect information in connection with the use of the Website and the Digital Platform (such as but not limited to user analyses). For more information relating to privacy and the use of (meta)data by Luzmo please consult our privacy policy.
5. Intellectual Property Rights
As between the User and Luzmo, the Services, the Website and the Digital Platform and all Intellectual Property Rights pertaining thereto, are the exclusive property of Luzmo and/or its licensors. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Website and/or the Digital Platform and/or the Content of Luzmo except as expressly allowed in these Terms of Use.
All rights, titles and interests in and to the Services, the Website and the Digital Platform or any part thereof not expressly granted to the User in this agreement are reserved by Luzmo.
Luzmo grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use Luzmo’s proprietary online platform, including without limitation the Digital Platform and Luzmo’s software in accordance with these Terms of Use and solely as necessary to use the Digital Platform and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Digital Platform or the software, in whole or in part. All rights not specifically granted to you under this Agreement are expressly reserved by Luzmo
You acknowledge and agree that Luzmo may use any suggestions or feedback made by you in order to evaluate the Digital Platform and its functionalities and measure and improve performance, solve technical difficulties, identify areas of improvement and use compliments as testimonial.
6. Disclaimer, Liability, Exclusion, Liability Limitation, Release and Indemnity
Luzmo does not accept any liability for your access and use of the Digital Platform. For that reason, the following provisions apply to your access and use of the Digital Platform.
Disclaimer. Your access and use of the Digital Platform are at your own risk. The Digital Platform is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers to the fullest extent permitted by law.
You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Digital Platform.
The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Website and the Digital Platform may be affected by numerous factors beyond Luzmo’s control. The operation of the Website and the Digital Platform may not be continuous or uninterrupted, secure or private.
Without limiting the generality of the foregoing, Luzmo, and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers make no representation, warranty or condition that:
- the Website and the Digital Platform will be compatible with your computer and related equipment and software;
- the Website and the Digital Platform will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- the Website and the Digital Platform or (analyses) derived from the Website and the Digital Platform will meet your requirements;
- the information contained in the Website and the Digital Platform or (analyses) derived from the Website and the Digital Platform will be accurate, complete, sequential or timely;
- certain or any results may be obtained through the use of the Website and the Digital Platform;
- the use of the Website and the Digital Platform, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
- the use of the Website and the Digital Platform will not infringe the rights (including intellectual property rights) of any person; and Luzmo and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by Luzmo to give effect to, or for any failure or delay by Luzmo in receiving, accessing, processing or accepting, any communication sent to Luzmo by means of the Website and the Digital Platform or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website and the Digital Platform or email services, or for any damages in connection with the Website and the Digital Platform or any Content.
Luzmo does not and cannot review all the Content and material, including computer software, uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted on or through the Website and the Digital Platform.
You expressly agree that use of this Website and the Digital Platform, including all Content, data or software distributed by, downloaded or accessed from or through this Website and the Digital Platform, is at your sole risk.
You acknowledge that Luzmo does not control in any respect any information, products, or services offered by third parties on or through this Website and the Digital Platform.
Except as otherwise agreed in writing, Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of Content or products distributed or made available by third parties through this Website and the Digital Platform.
No advice or information, whether oral or written, obtained by you from Luzmo or through or from the Website and the Digital Platform shall create any warranty not expressly stated in the Agreement.
Liability Exclusion. To the fullest extent permitted by law, Luzmo nor its directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers will under any circumstances (unless in case of gross negligence or willful misconduct) be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website and the Digital Platform by you or any other person, and regardless of any negligence or other fault or wrongdoing by Luzmo or its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers, and notwithstanding that Luzmo or its directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Indemnity. You agree to indemnify, defend and hold harmless each of Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Website and the Digital Platform, your uploads, downloads, posts, emails, analyses or otherwise transmissions of Content or information or your breach of these Terms of Use. You will assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any claim or demand. Advice and information provided by Luzmo and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend these Terms of Use, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
7. Support
In case you need technical support, you can contact Luzmo’s customer service directly by email support@luzmo.com.
8. Privacy Statement
Luzmo recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. For more information about the processing of your Personal Data, view our Privacy Statement and Cookie Statement.
9. Term and Termination
Luzmo may terminate with immediate effect your right to access and use of Services if Luzmo believes or has reasonable grounds to suspect that you are violating these Terms of Use.
Luzmo may, at any time and for any reason and at its sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Digital Platform or any part or functionalities; or (b) restrict, suspend or terminate (in whole or in part) your free trial account, password, permission to access or use the Digital Platform and/or remove and discard any Content you may have contributed to or gained from the use of the Digital Platform; all without any notice or liability to you or any other person.
You agree that any termination of your access to or use of the Digital Platform under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Luzmo may immediately deactivate or delete your free trial account and all related information, files and dashboards and/or ban any further access to such files on the Digital Platform. A free trial account terminated by Luzmo will possibly not be backed-up for any reason and can be immediately deleted from our servers. Further, you agree that Luzmo shall not be liable to you or any third-party for any termination of your access to the Digital Platform.
Should you object to any terms and conditions of these Terms of Use or become dissatisfied with the Digital Platform in any way, you can contact Luzmo on the e-mail address support@luzmo.com or discontinue your use of the Digital Platform and/or terminate your free trial account.
Effects of termination. Upon the termination of your right to access and use the Services (i) Luzmo will sanitize, anonymize or destroy the Personal Data related to your Account, within thirty (30) calendar days upon termination of these Terms of Use in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept to comply with relevant legal and regulatory retention requirements may be kept by Luzmo beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations; (ii) upon written request submitted by the User to Luzmo no later than fourteen (14) calendar days prior to the termination of the agreement, Luzmo will provide the User, immediately prior to the sanitization, anonymization and destruction thereof, with a readable and usable copy of the Personal Data and/or the systems containing Personal Data; and (iii) all rights and obligations of Luzmo or the User under these Terms of Use will terminate, except those rights and obligations under those sections specifically designated herein.
Free Trial Users. You can end your free trial period at any time without penalty provided that you notify Luzmo via support@luzmo.com. During your free trial period, Luzmo can contact you to ask you if you would like to convert to a paid account at the end of the trial period, at which moment Luzmo will also provide you with all the information in order for you to make an informed decision on this. If you decide to convert your free trial account, your content and access or use of the Digital Platform will continue without any loss of data and without the possible consequences as described above.
10. Miscellaneous
Force Majeure. Luzmo will not be liable for any failure or delay in the performance of its obligations with regard to the Services if such delay or failure is due to causes beyond our control including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics, telecommunications, network, computer, server or Internet downtime, cyber-attacks, unauthorized access to Luzmo’s information technology systems by third parties or any other cause beyond the reasonable control of Luzmo (the “Force Majeure Event”).
Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Waiver. Any failure to enforce any provision of the Terms of Use will not constitute a waiver thereof or of any other provision.
Assignment. You may not assign or transfer these Terms of Use or any rights or obligations to any third party. Luzmo will be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.
Notices. All notices from Luzmo intended for receipt by you will be deemed delivered and effective when sent to the email address provided by you on your Account. If you change this email address, you must update your email address on your personal settings page.
Governing law and jurisdiction. These Terms of Use will be governed by and construed in accordance with the lawsof the State of New York, without giving effect to any of its conflict of law principles or rules. Any dispute withrespect to the validity and/or interpretation of these Terms of Use will be finally settled in arbitration under theRules of Arbitration of the International Chamber of Commerce (“ICC”) by one (1) arbitrator appointed in accordance with the said Rules.