These terms of service (Terms
) apply to persons anywhere in the world (each such person, a User
or you
) who installs, accesses, or uses the mobile application (Licensed Application
, App
, Lucidly
) published by 5Path LLC (Licensor
, or We
, Us
).
Please read these Terms carefully before using Lucidly.
We reserve the right to immediately terminate these terms and any services provided by Us, including publication of the App and provisions of any content, information, functionality, or other services through Lucidly, at any time, either with respect to you or generally, for any reason, including your violation of these terms, or for no reason. We reserve all rights in and to the Licensed Application not explicitly granted to you under these terms.
In order to install, access or use Lucidly, you must be of legal age for those activities in the jurisdiction in which you are located. If you are not of legal age, you must not install, access, or use Lucidly.
By using Lucidly, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you must refrain from installing Lucidly, or, if you have already installed Lucidly, refrain from accessing or using it and delete it.
Your installation of, access to and use of Lucidly constitutes your agreement to our privacy policy which is available at Lucidly Privacy Policy. If at any time you disagree with the privacy policy, you must refrain from installing Lucidly, or, if you have already installed Lucidly, refrain from accessing or using it and delete it.
You agree that all materials, products, and services provided on the Licensed Application are the property of the Licensor, its affiliates, directors, officers, employees, agents, or suppliers, including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Licensor's intellectual property in any way, including electronic, digital, or new trademark registrations. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove Lucidly from the Apple Device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Lucidly, any updates, or any part thereof.
You agree that We may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to Lucidly. We may use this information, as long as it is in a form that does not personally identify you to improve the product or provide services or technologies to you.
We may offer you early access to certain pre-release mobile application software (Beta release
) in order to allow you to test and provide feedback on the software as part of the Licensor's
beta testing program. You acknowledge that any product features or content, and / or any other information that We may provide to you in connection with beta testing, including materials,
software, as well as everything related to the beta testing program is the exclusive property of the Licensor, is confidential, and should be treated as confidential until such time as We release it.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and the Licensor, and you will not be compensated for your participation or any feedback.
You agree that the laws of the State of New York, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort or related in any way to your use of Lucidly or to services you purchase from Us, or business partners and associates.
YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSOR, its members, shareholders, managers, directors, officers, employees and agents from and against any and all claims, demands, losses, liabilities and expenses, including reasonable fees of attorneys, accountants and other professionals, arising out of or in connection with (a) your use of Lucidly or any content made available through the Licensed Application, (b) your breach or violation of any of these Terms, (c) your use or misuse of our products and services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF LUCIDLY IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCIDLY AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, the Licensor explicitly disclaims any warranties of merchantability, fitness for a particular purpose, accuracy, of quiet enjoyment, and of non-infringement of third party rights. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, completeness, or reliability of any services and or content. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
To the extent not prohibited by law, the Licensor is not liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to your use or inability to use Lucidly, however caused, regardless of the theory of liability (contract, tort, or otherwise) even if We have been advised of the possibility of such damages.
We may amend these Terms from time to time by posting an updated version of these Terms through our App or on the App Store, which will take effect when so posted. Your continued use of Lucidly after any such update will constitute your agreement to the updated Terms. Accordingly, we encourage you to periodically review these Terms.