These Terms of Use were last updated on Aug 22, 2022.
Please read these terms of use (“agreement”) carefully before using the website <https://luksai.com/> (“service”) operated by Luksai.
1. Conditions of Use
1.1. By using this website, you certify that you have read and reviewed this Agreement and agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Luksai only grants use and access to this website, its products, and its services to those who have accepted its terms.
1.2. You accept the Terms by remaining on the website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Luksai in the user interface.
1.3. Questions about the Terms of Use should be sent to
support@luksai.com.
2. Privacy Policy
2.1. Before you continue using our website, we advise you to read our
Privacy Policy regarding our user data collection. It will help you better understand our practices.
3. User Accounts
3.1. As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
3.2. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.
3.3. You are fully responsible for all activity and content uploaded to your Luksai account (“Content”), including videos, files, data, graphics, photographs, and links, so we strongly recommend that you conduct your behavior in a respectful and correct fashion with other users and with the platform.
3.4. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our own discretion.
4. Age Restriction
4.1. You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement.
4.2. The Luksai PTY LTD assumes no responsibility for liabilities related to age misrepresentation.
5. Intellectual Property and the Conditions Related to Your Data
5.1. It is crucial for us to be transparent about ownership and accountability when running our platform. Because of our sincere belief in honesty, we want to make it easy for you to understand what you are getting into when you join the Luksai platform and services. We appreciate your trust in us with your material and want you to have the best experience with our website.
5.2. What Luksai owns
5.2.1. The Platform, along with all information, software, technology, data, applications, logos, marks, designs, text, graphics, images, audio and video files, other data, or copyright-eligible materials or content, and also their selection and arrangement, are and will always be the sole property of Luksai and its licensors.
5.2.2. Any rights to use Luksai’s trademarks, logos, domain names and other distinctive brand elements are not granted to you for using the Platform in accordance with these Terms. Neither do any further rights in the Platform or ownership of any intellectual property rights connected to the Platform.
5.2.3. You are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license by Luksai to access and use the Platform and/or our services in a manner that pursues your personal and professional goals, subject to compliance with and the restrictions set forth in these Terms.
5.2.4. While using the Platform and/or Luksai Services, you agree not to:
a) Grant a license, sublicense, sale, rental, lease, or other authorization for a third party to utilize the Platform without Luksai’s prior written approval (this license is only for Your use, and you may not assign it to anyone else without our permission).
b) Disable, bypass, or otherwise interfere with any technological, security, or other elements or measures of the Platform.
c) Use the Platform to compete with Luksai by copying, altering, producing derivative works from, decompiling, reverse engineering, disassembling, or making any other attempt to discover the Platform’s source code.
d) Participate in or do any action that disrupts, harms or negatively affects the Platform and/or Luksai Services.
e) Claim for any ownership rights, monetary or other compensation for providing Feedback to Luksai and for the use of your suggestions on Luksai. Any ideas, recommendations, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation, or business (“Feedback”) that you provide to Luksai shall be the exclusive property of Luksai.
5.2.5. All rights not expressly granted by Luksai are reserved.
5.3. What you own
5.3.1. Any data, information, or content that you create and upload to the Platform or transmit via the Platform (specifically, “User Content”) belongs to you and will always be your property.
5.3.2. Under Your use of the Platform and/or Luksai Services, our company makes no claims to any intellectual property rights over User Content.
5.3.3. You consent to the following when you post user content to the Luksai Platform:
a) Luksai has no responsibility to evaluate any content you upload, even though it may do so for any reason, including ensuring that it complies with our Code of Conduct and prohibited content guidelines.
b) You are directing the upload of your content to the Luksai Platform; Luksai does not in any way vouch for it or give its consent or approval before You do so.
c) To deliver Luksai Services, Luksai may make your content and materials visible to other users (such as Your Students) via the Luksai Platform.
d) You acknowledge that by submitting your content to our platform, you permit us to store it.
e) You agree to grant Luksai all applicable permissions, including a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use (e.g., to display or transmit) your content in connection with the Luksai Services. (In other words, since your content is your property, you must permit us to show it or to use it for our internal business operations, such as storing it on our servers.)
f) All of your content is within your control, and you either own it or have the right to use it.
6. Our Rights
6.1. The rights of Luksai to the Services and these Terms of Service are as follows:
a) We have the right to change or stop providing the Services at any time, for any reason, and without prior warning;
b) We have the right to turn down anyone’s request for our services at any time and for any reason;
c) Without limiting any other remedies, if Luksai suspects that you have engaged in fraudulent activity in connection with the Services (by conviction, settlement, insurance or escrow investigation, or otherwise), we may prevent you from creating an account and suspend or terminate any account that you create;
d) No content is previewed by Luksai, and they have the exclusive right to refuse or remove any content that is made available through the Services;
e) If an Account Owner shares or makes available Content that contains material that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates the intellectual property of any party, or these Terms of Service, we may, but have no obligation to, remove such Content or suspend the Account Owner’s access to the Services;
f) Any verbal or written abuse of any type (including threats of abuse or retaliation) directed at any Luksai customer, contractor, member, or officer will result in instant account cancellation from the Account Owner or its agents;
g) If you remove your content, cancel your account, or if these Terms of Service are terminated, we are authorized to maintain a copy, including archives, of your Confidential Information or any information associated with your account (including content and personal information) if such retention is required to meet our legal and compliance responsibilities;
h) We reserve the right to ask for proof of account ownership in case there is a disagreement about who owns the account. A scanned copy of your company license, a photo ID from the government, the last four digits of the credit card on file, and other information are all acceptable forms of identification;
i) In our sole discretion, Luksai reserves the right to identify the legitimate account owner and transfer ownership of an account to that person. Luksai reserves the right to temporarily disable an account if we are unable to reasonably identify the legitimate Account Owner until a settlement has been reached between the parties in dispute.
7. Indemnification
7.1. You agree to indemnify Luksai and its affiliates and hold Luksai harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
8. Limitation on Liability
8.1. Luksai is not liable for any damages that may occur to you as a result of your misuse of our website. Use of the Services is entirely at your own risk. The Services are offered “as is” and “as available” with no express, implied, or statutory warranties or conditions.
8.2. Luksai makes no guarantees on the continuity, speediness, security, or error-free operation of the Services.
8.3. When using the Services, Luksai does not guarantee that the outcomes will be accurate or trustworthy.
8.4. In addition, Luksai does not promise that any faults in the Services will be fixed or that the quality of any services, details or other content you buy or get through the Services will satisfy your expectations.
8.5. You hereby expressly acknowledge and agree that Luksai shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use the service.
8.6. You accept that Luksai, including its service providers, associates, directors, and agents, shall not be liable for any loss, injury, claim, or damages arising out of Your use of the Teachable Platform.
8.7. You understand and accept that Luksai is not responsible for any harm, loss, claim, or damage arising from Your use or interaction with any communications, downloads, or content from third parties.
8.8. Luksai reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail.
8.9. This Agreement is an understanding between Luksai and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
9. Applicable Law
9.1. Applying legislation and jurisdiction: These Luksai Terms of Use and
Policies are regulated exclusively by Brazilian law.
9.2. The courts in the Brazilian city of São Paulo will serve as the venue if your contract is with
LUKSAI – Sistema de Gerenciamento de Aprendizagem LTDA. The State of New South Wales in Australia will be designated as the venue if your contract is with the Australian business
Luksai PTY LTD.
10. Final Agreement and Absence of a Waiver
10.1. The failure of Luksai to implement or enforce any right or provision of the Terms of Service shall not be deemed a waiver of such right or provision.
10.2. All past agreements between you and Luksai (including, but not limited to, any prior versions of the Terms of Use) are superseded by these Terms of Use, which govern your use of the Services and constitute the entire agreement between you and Luksai.
