Lonesome Labs Terms of Use
Last Revised: 25 January 2024
PREAMBLE
Lonesome Labs Ltd. (“Lonesome”, “we”, “our”, “us”) welcomes you to our website located at https://lonesomelabs.com/ (the “Website”) and to our services we provide through the Applications (as defined below). The Website, the Applications, and the services rendered by Lonesome therein shall be together referred to hereunder as the “Services”.
PLEASE READ CAREFULLY THESE TERMS OF USE. BY CLICKING ON THE “AGREE” BUTTON BELOW OR USING THE SERVICES ON YOUR AMAZON SELLER ACOUNT (THE “AMAZON ACCOUNT”), YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY AND UNDERSTAND OUR PRIVACY PRACTICES AS DETAILED IN OUR PRIVACY POLICY AVAILABLE AT https://lonesomelabs.com/privacy-policy/ (THE “PRIVACY POLICY”).
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY, THEN DO NOT CLICK “I AGREE” OR USE THE SERVICES.
If you are Using the Services on behalf of a company (such as your employer), or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use. In that case, “User”, “you” and “your” will refer to that entity.
Furthermore, by accepting these Terms of Use, you hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction, which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the maximum extent permitted under applicable law.
DEFINITIONS. In these Terms of Use, the following terms shall have the meaning set forth below:
“Amazon” Amazon.com, Inc.
“Applications” means the following three (3) web applications created and provided by Lonesome which enable Amazon sellers to improve their operation within the Amazon platform by automating tasks, streamlining data and creating day-to-day operational efficiencies: (A) HighFive, available at https://lonesomelabs.com/amazon-reviews-highfive/, which provides review and feedback automation to Amazon sellers; (B) Pulse, available at https://lonesomelabs.com/amazon-live-sales-dashboard-pulse/, which provides a real-time sales dashboard to Amazon sellers; and (C) Community, available at https://lonesomelabs.com/community-signup, which is an app and a forum for Amazon sellers enabling them to communicate as well as comment, ask and answer questions (the “Community”).
“Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.
“User”, “you” or “your” means a legal or natural person who has subscribed to the Services and is authorized by us to access and use the Services.
“Use” or “Usage” or “Using” means any access or view or visit or browse in or to the Website or the Services, as applicable, for any purpose.
“User Data” means information, including but not limited to Personal Data, provided by a User that is necessary to subscribe to our Services or otherwise provided or submitted by a User to the Services or used with the Services, whether relating to a User or to a third party.
THE USE OF THE WEBSITE AND THE APPLICATIONS
Access to the Applications
In the event You wish to use and access the Applications, you will be required to do the following: (A) connect to your Amazon Account and give us the right to use Amazon’s API in order to collect and use certain data including Personal Data as set forth in the Privacy Policy, in accordance with the terms and conditions of Amazon; and (B) subscribe to Lonesome’s Services by creating an account by providing your email address and determining your personal username and password (“Login Credentials”). You may only access and use the Applications through the Login Credentials and you are responsible for maintaining the confidentiality of such Login Credentials. Any instruction, action or activity occurring through any such Login Credentials, shall be deemed to be provided or taken by you, and you shall be responsible for all such activities, including for any unauthorized use of such Login Credentials. Once you register to one of the Applications (for example, HighFive), you may use your Login Credentials for other Applications (for example, Pulse or Community). You understand and agree that Lonesome may create for you an unidentified profile in the Community as described in Section 3.1.2(D). As part of the Services, Lonesome may provide you by email certain reports and updates in relation to the Services.
In the event you wish to use and access the Community, you may login to the Community with one of the following types of connection:
Full access: in order to have the full access, you can connect to the Community using your email and password connected to an Amazon account. Full access enables you to read and write questions and responses in the Community.
Explorer access: in order to have the explorer access, you can connect to the Community by login with your email address and create a password. Explorer access enables you to read questions and responses but not to write your own content in the Community.
Guest access: in order to have the guest access, you are not required to login. Guest access enables you to read questions and partial responses only and does not enable you to access the full content or write in the Community.
Following your connection to the Community, Lonesome will create for you an unidentified profile in the Community, which will not enable to identify you or your Amazon Account. However, you may freely modify such unidentified profile in accordance with these Terms of Use, and identify your Amazon Account.
Subject to your compliance with the Terms of Use, Lonesome hereby grants to you a personal, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable temporary, limited right to (A) use the Services for your own personal or internal business purposes only, unless otherwise authorized by us; and (B) use the documentation provided within the Services. Pursuant to the aforementioned, if you are a legal entity, you may access the Services via individuals who are authorized by you therefor in accordance with these Terms of Use.
The Website, and subject to the availability of the Amazon platform, the Services are available twenty-four (24) hours a day and seven (7) days per week, unless in case of force majeure, possible breakdowns or any operation of maintenance necessary for correct functioning of the Website and the Services.
The User declares that he/she is aware of the risks associated with browsing, websites and using online services and accepts such risks. In particular, the User acknowledges that the information that passes through or is stored there may be intercepted or altered independently of the will of Lonesome. As such, it is strongly recommended that the User take all necessary precautions to protect himself/herself against the effects of hacking, in particular by adopting a secure and appropriate computer configuration of his/her computer, smartphone or any other devices.
Services Types and Fees
Access and use of our Services is currently free of charge.
We reserve the right to change our subscription plans for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any changes to your subscription plans will take effect upon notice.
Conditions To Use the Services
To Use the Services, you must be:
Above the age of minors according to your legal jurisdiction;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to Use the Services in accordance with these Terms of Use.
User Data and the use of any Personal Data collected from or through the Services by Lonesome is governed by our Privacy Policy.
Your Responsibility and Representations
You are responsible for any activity that occurs through the Use of the Services and you agree that you will not Use the Services for anyone other than for yourself.
You are responsible for compliance with applicable local laws, regulations and other instructions and guidelines which are related to your Use of the Services, including, without limitation, any terms of service of Amazon.
By Using the Services, you hereby warrant and represent that you are aware that you are not obligated by law to Use the Services and to provide any Personal Data to the Services, and any provision of it is based on your free will.
You will Use the Services according to these Terms of Use and not abuse the Services.
User Data
All User Data you provide us must be lawfully obtained by you, correct, accurate, current and complete and you agree to update your User Data as necessary to maintain its correctness, lawfulness and accuracy.
You are solely responsible for your User Content. You assume all risks associated with the use of your User Data, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Data that personally identifies you or any third party. You may not represent or imply to others that your User Data is in any way provided, sponsored, or endorsed by us. Because you alone are responsible for your User Data, you may expose yourself to liability if, for example, your User Data violates the Terms of Use or applicable law. We are not obligated to backup any User Data, and your User Data may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Data if you desire.
We reserve the right (but have no obligation) to review any User Data, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your User Data, suspending or terminating access to the Services, and/or reporting you to law enforcement authorities.
Each user of the Applications is solely responsible for any and all of its own User Data. You acknowledge and agree that we are not responsible for any User Data, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Data. Your interactions with other users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
Support. If you encounter any problem in the use of the Services, you can send an e-mail to help@lonesomelabs.com and we will employ reasonable efforts to assist.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Excluding User Data that you may provide, you acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, design rights related to the Services and trade secrets in the Services and their content are owned by us or our suppliers. All trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with the Services are, and remain, the exclusive property of Lonesome or its suppliers and are subject to the protection granted by applicable laws or international treaties related to intellectual property. Neither these Terms of Use, nor your access to the Services, transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. There are no implied licenses granted under the Terms of Use.
The Services contains information owned by (or licensed to) us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein or with our express prior written permission, none of the information provided by the Services may be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes. Trademarks that may be referred to in the Services are the property of Lonesome or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our prior written permission in each instance.
In the event that you provide to Lonesome any suggestions, comments and feedback regarding the Services, you hereby grant Lonesome and its licensors a perpetual, irrevocable, worldwide, royalty-free license to freely use, have used, sell, modify, reproduce, transmit, license, sublicense (through multiple tiers of sublicensees), distribute (through multiple tiers of distributors), and otherwise commercialize such feedback in connection with the Services or related technologies.
GRANT OF LICENSE
Subject to your Use of the Services according to these Terms of Use, we hereby grant you a worldwide, non-exclusive, personal and non-commercial, non-transferable, non-sub licensable, limited and revocable license to access and Use the Services on any device that you legally own or control, for lawful purposes and in accordance with our Terms of Use and Privacy Policy.
We do not claim ownership of User Data you provide when you Use the Services. By Using the Services, and when we process User Data, you hereby freely grant (and you represent and warrant that you have the right to grant) to us an irrevocable, royalty-free and fully paid, non-exclusive, unlimited worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise process, use and exploit your User Data, including to grant sublicenses of the foregoing rights and to transfer such rights to third parties (such as business partners, vendors, and service providers), all for the purposes of including your User Data in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Data. You consent to our publication of User Data generated through your account on the Services.
GENERAL OBLIGATIONS OF THE USER AND LICENSE LIMITATIONS
Lonesome reserves all rights not expressly granted to you in these Terms of Use. Without limiting the foregoing, you will not do, or authorize, or permit any third party to do any of the following:
rent, lease, loan, license, sell, redistribute or sublicense the Services;
distribute or copy the Services;
crawl, reverse engineer, decompile, disassemble, or attempt to discover the source code for the Services;
modify, alter, or create any derivative works of the Services;
remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Services;
Use the Services for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, etc.;
attempt to gain unauthorized access to the Services, or any part of it (including, any unauthorized or unlawful access to Personal Data), computer systems or networks connected to the Services through hacking or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted through the Services by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespassing or burdening network capacity.
In addition to any other terms of these Terms of Use, if you use the Community, you agree that you will:
not be entitled to share the following types of content or information: inappropriate language; spam; misinformation; offensive material; duplicate content; off-topic content; profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information;
share only content or information that you own or have the right to share;
share only content or information that is appropriate for a diverse audience;
foster meaningful and genuine interactions;
share any content or information and use the Community in accordance with any applicable laws;
respect the other members of the Community and not restrict or inhibit any other user from using and enjoying the Community;
not use the Community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
not use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
have the rights necessary to grant the licenses and sublicenses described in these Terms of Use for any materials posted;
have obtained the consent of any person whose Personal Data is provided by you to the distribution, public display and reproduction of such Personal Data;
not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
not download any file posted by another user of the Community that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
not harvest or otherwise collect information about others, including e-mail addresses;
not create a false identity for the purpose of misleading others;
not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
If you use the Community and are aware of offensive content or information posted in the Community by other users, you are urged to report such offensive content or information as described in the Community.
DISCLAIMERS OF LIABILITY.
The Services we provide you through the Website and the Applications are based on the assumption that the information provided by you to Lonesome, including User Data, is complete, reliable true, comply with applicable law and correct. We do not supervise or otherwise check the information source, its validity, correctness, reliability, accuracy, lawfulness, completeness or any other aspect associated with it. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that Lonesome is not responsible for others’ content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
Please note that we cannot be responsible for Personal Data collected and stored by third parties, including Amazon. Third parties, including Amazon, have their own terms of use and privacy policies, and you should read these carefully before you submit any Personal Data to these third parties. We do not endorse or otherwise accept any responsibility or liability for the content of User Data provided to such third-party websites and applications.
While we use reasonable efforts to ensure that the Services are free from viruses and other malicious content, neither we, nor any other party involved in producing, hosting or delivering the Services assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect your device. Except where required by applicable law, Lonesome shall not be liable to any User or other person for any loss or damage they may suffer as a result of viruses, or other malicious or harmful content that they access from, or through the Services.
Third Party Services. The Services may contain links and reference to third party websites, apps and resources or include third-party component(s) and/or service(s) (hereinafter “Third Party Services”). Without derogating from the generality of Section 7.1 above, the Third Party Services are provided (if and to the extent provided, at our sole discretion) for your information only and as a convenience to you, and when you access any such Third Party Services you must comply with the applicable Third Party Services terms and conditions/terms of service and are subject to their privacy policy. We have no control over the contents of those Third Party Services or any changes or updates thereto and in no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use such Third Party Services.
NO WARRANTY.
To the fullest extent permitted by applicable law, the Services are provided “as is” and on an “as available” basis with all faults, defects and errors, and without any warranty or representation of any kind. Lonesome specifically disclaims all warranties, whether expressed or implied, arising by law or otherwise, regarding the Services and their performance, suitability for your intended Use, including without limitation any implied warranty of title, merchantability, fitness for a particular purpose, non-infringement, that the Use of the Services will be uninterrupted or error free, or that all vulnerabilities and defects will be detected or corrected.
Lonesome does not control or endorse the content, messages or information found in the Community. Lonesome makes no representations or warranties (whether express, implied or statutory) in connection with any content or information posted or shared by any user in the Community, including without limitation any response, advise, advice, feedback, insight, information, or result and specifically disclaims any liability with regard to the content on the Community and any actions resulting from your participation in any content on the Community. User’s use of and reliance upon the foregoing is entirely at User’s sole discretion and risk, and Lonesome shall have no responsibility or liability whatsoever to Users in connection with any of the foregoing in this paragraph.
THE SERVICES MAY BECOME INACCESSIBLE OR THEY MAY NOT FUNCTION PROPERLY WITH USERS’ WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. LONESOME CAN NOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM THE SERVICES CONTENT, OPERATION, OR THE USE OR INABILITY TO USE OF THE SERVICES.
We may update our Services from time to time, but they will not necessarily be complete or up-to-date. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content including User Data removed from the Services may be deleted by us or may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event will Lonesome (including its service providers) be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, or liabilities whatsoever arising from, or relating to the Services (including, without limitation, due to your Use or inability to Use the Services) or these Terms of Use, whether based on contract, tort (including negligence), strict liability, or other theory, even if Lonesome has been advised of the possibility of such damages. If you are dissatisfied with the Services or any content thereon, your sole and exclusive remedy is to discontinue Using the Services. Without derogating from any of the foregoing, the total aggregate liability of Lonesome together with anyone on our behalf under these Terms of Use, if any (including our service providers), in connection with the Services will not exceed USD 1,000 (one thousand US dollars).
RELEASE AND INDEMNIFICATION. You release, and agree to indemnify, defend and hold us, our officers, directors, employees, shareholders, agents, harmless from all liabilities, claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), and including reasonable attorney’s fees related in any way to your Use of the Services not in accordance with the Terms of Use.
TERMINATION. Lonesome may terminate these Terms of Use at any time for any reason, or for no reason immediately upon notice. Upon termination of these Terms of Use for any reason, you agree that:
the license granted to you to Use the Services under these Terms of Use will terminate immediately;
You must immediately upon receiving any notice of termination cease all Use of the Services and destroy or erase all copies of the Services in your possession or control.
LIMITATION OF USE.
Lonesome reserves the right to immediately restrict, suspend or block your Use of the Services, or change the Services, or a part of them, if in Lonesome’s sole opinion (A) you breach these Terms of Use or any applicable law; (B) you are misusing the Services; (C) to protect other users; (D) if you create risk or legal exposure for us; (E) if you infringe other people’s intellectual property rights; and (F) if Lonesome is required to block any User Data posted by you on the Community under these Terms of Use or any applicable law.
Lonesome has no obligation to monitor the content on the Community. However, Lonesome reserves the right to review materials posted on the Community and to remove any content or information that you share in the Community, including without limitation in your User’s profile in the Community and any User Data, in its sole discretion, if we believe that it violates these Terms of Use, or we are permitted or required to do so by any applicable law or these Terms of Use. Lonesome reserves the right to terminate your access to any or all of the content on the Community at any time, without notice, for any reason whatsoever.
Lonesome reserves the right at all times to disclose any information as Lonesome deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials on the Community, in whole or in part, in Lonesome’s sole discretion.
If you believe that your access to the Services has been suspended or terminated in error, you can contact us at help@lonesomelabs.com and we will employ reasonable efforts to respond.
If you request the deletion of a content, information or account, and Lonesome concludes that such request shall be accepted, Lonesome will use commercially reasonable efforts to remove such content or information or suspend or terminate the account, at its sole discretion.
Lonesome reserves the right not to delete and to retain any content, information or account if it is necessary for or due to: (A) technical limitations of our systems; or (B) where deletion would restrict our ability to: (a) investigate or identify illegal activity or violations of these Terms of Use or any applicable law; (b) protect the safety and security of our products, systems and users; (c) comply with a legal obligation, such as the preservation of evidence; or (d) comply with a request of a judicial or administrative authority, law enforcement or a government agency.
AGE RESTRICTIONS. The Services are intended for a User who is not a minor. If you are minor according to your legal jurisdiction, you may not Use the Services, contact us or send us any User Data. By Using the Services, you hereby warrant and represent that you are not a minor.
U.S. GOVERNMENT EMBARGO. By Using the Services, you hereby warrant and represent that you are not located in a country that is subject to U.S. Government embargo, or otherwise designated by the U.S. Government as “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
ASSIGNMENT. You may not assign these Terms of Use, or any of your rights under these Terms of Use without the prior written consent of Lonesome, and any attempted assignment without such consent shall be void.
GOVERNING LAW AND JURISDICTION. Unless restricted by applicable law, these Terms of Use shall be governed by the laws of Israel (excluding its conflict of laws provisions) and any matter, or dispute arising in connection with them or in connection with the Services shall be subject to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel.
We make no representation that the Services are appropriate or available for use in all jurisdictions. Access to any part of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from such jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
SEVERABILITY. If any term of these Terms of Use is found to be unenforceable, or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms of Use will remain in full force and effect.
NO WAIVER. No waiver of any right under the Terms of Use will be deemed effective unless contained in writing signed by Lonesome, and no waiver of any past or present right arising from any breach, or failure to perform will be deemed to be a waiver of any future rights arising out of these Terms of Use.
ENTIRE AGREEMENT. These Terms of Use are concluded between you and Lonesome, and not between you and Amazon. These Terms of Use, constitute the entire agreement between you and Lonesome with respect to the Use of the Services, and supersede all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. However, these Terms of Use do not derogate from any other agreement between you and Lonesome.
UPDATES and AMENDMENTS. We may update and amend these Terms of Use from time to time. Any update of these Terms of Use shall be binding commencing on its publication (as indicated by the date at the head of these Terms of Use). We will attempt to post a notice prior to any material update or amendment of these Terms of Use.
PRIVACY POLICY. In the course of your Use of the Services, we may collect or otherwise receive Personal Data from or about you. Details about the Personal Data we collect, process, generate or otherwise receive from or about you, the purposes for which we use it and your rights in relation to Personal Data are governed by our Privacy Policy.
CONTACT US. Should you have any question or complaint regarding the Services, you may contact us at info@lonesomelabs.com.