Introduction

Welcome to lucielabs.com

The Website is operated by or on behalf of LUCIE LABS S.A.S, 635, Rte des Lucioles, Sophia-Antipolis, Valbonne 06560, France (“LUCIE LABS”). This is a legal agreement between you and LUCIE LABS S.A.S and please read on carefully to learn about the rules that govern the use of our websites, accounts, products, services, mobile applications and other software (collectively, “the LUCIE LABS Services”). BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF OUR TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

Subject to your acceptance of these Terms of Use, LUCIE LABS hereby grants you a limited, non-exclusive right to utilize the LUCIE LABS Services for accessing, using the Web and/or mobile App, controlling and monitoring the Products installed at your own property from your own mobile or other computer devices. LUCIE LABS reserves the rights to either temporarily or permanently modify or terminate the LUCIE LABS Service and can change the terms any time without warning. LUCIE LABS will post on our website and/or will notify you by email to the address associated with your LUCIE LABS Account of any changes we make.

Privacy Policy

Personal information provided or collected through or in connection with the LUCIE LABS Service shall only be used in accordance with the LUCIE LABS Privacy Policy, and these Terms of Use are subject to the LUCIE LABS Privacy Policy. We take privacy seriously and provide our best effort to protect our customer’s data.

However if should be noted that the technology cannot entirely prevent attempts by third parties to gain unauthorized access to the data.

LUCIE LABS cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your LUCIE LABS account or for any third party’s fraudulent use or misuse of information submitted by you.

Ownership by LUCIE LABS

The LUCIE LABS Services and all aspects thereof, including all patents, copyrights, trademarks, and other intellectual property rights therein, are owned by LUCIE LABS or its licensors. You acknowledge that the LUCIE LABS Services and any underlying technology used in connection with the LUCIE LABS Services contain LUCIE LABS intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the LUCIE LABS Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the LUCIE LABS Services not expressly granted to you by LUCIE LABS are retained by LUCIE LABS and its licensors.

Third Party

LUCIE LABS may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LUCIE LABS S.A.S and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators.

Certain services made available via LUCIE LABS are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.LUCIE LABS.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom LUCIE LABS S.A.S has a contractual relationship to provide the requested product, service or functionality on behalf of LUCIE LABS users and customers.

General

Indemnity: You agree to indemnify and hold LUCIE LABS and its licensors harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms. LUCIE LABS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LUCIE LABS and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without LUCIE LABS’s prior written consent. LUCIE LABS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

No Waiver: No waiver will be implied from conduct or failure to enforce rights. No provisions of this Agreement shall be deemed waived unless such waiver is in writing and signed by the authorized representative of the party against whom it is sought to be enforced. Waiver by either party of any default by the other party of any provision of this agreement shall not be deemed a waiver by the waiving party of any subsequent or other default.

Limitation of Liability: Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL LUCIE LABS S.A.S, ITS EMPLOYEES, OR PARTNERS (“THE LUCIE LABS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE LUCIE LABS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Entire Agreement/Severability: These Terms constitute the entire agreement between you and LUCIE LABS regarding the use of the Services. Any failure by LUCIE LABS to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.