Lonesome Labs Terms of Use
Last Revised: 07 June 2021
Lonesome Labs, Ltd. (“Lonesome“, “we“, “our“, “Company“) welcomes you (the “User(s)”, or “you“) to our website located at https://lonesomelabs.com/ and to our the services we provide through the Apps (as defined below), in compliance with applicable privacy and personal data laws and regulations. The Website and the Apps shall be together referred to hereunder as the “Services”. The terms and conditions below govern your use of the Services.
- Acceptance of the Terms
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS INCLUDING THE PROVISIONS OF THE PRIVACY POLICY AVAILABLE AT https://lonesomelabs.com/privacy-policy/ AND OUR COOKIE CHART https://lonesomelabs.com/cookie-chart/ WHICH IS INCORPORATED BY REFERENCE HEREIN (THE “PRIVACY POLICY”, COLLECTIVELY THE “TERMS”). BY CLICKING ON THE “AGREE” BUTTON BELOW AND BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES ON YOUR AMAZON SELLER ACOUNT (“AMAZON ACCOUNT”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN DO NOT CLICK “I AGREE” OR DOWNLOAD, INSTALL OR USE THE SERVICES.
- The Services
The Apps. Lonesome offers a high-impact applications enabling Amazon sellers to better operate within the Amazon platform by automating tasks, streamlining data and creating day-to-day operational efficiencies.
Access. In the event You wish to use and access the Services, you may be required to subscribe through our Services by providing your email address and determine your personal username and password (“Login Credentials”) or, alternatively, subscribe through your social media account (i.e., your Amazon Account, Google account, Facebook account or twitter account) (“Single SignOn Account”). Users may only access and use the Services through the Login Credentials or their Single SignOn Account and is responsible for maintaining the confidentiality of the Login Credentials or of the Single SignOn Account credentials. Any instruction, action or activity occurring through any such Login Credentials or Single SignOn Account, shall be deemed to be provided and/or taken by User, and User shall be responsible for all such activities, including for any unauthorized use of such Login Credentials.
Use. Subject to your compliance with the terms and conditions of the Terms, Lonesome hereby grants to you a nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable temporary, limited right to (i) install and use the Services on a single Amazon Account for your own personal or internal business purposes only, unless otherwise authorized; (ii) use the documentation provided within the Services (the “Documentation”) and make reasonable copies for training, reference and back-up purposes. Pursuant to the aforementioned, you may access the Services via individuals who are authorized by you therefor in accordance with these Terms.
- Use Restrictions
There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully.
You may not, nor allow or assist any third party to: (i) modify, alter, create derivative works from, reverse engineer, decompile, disassemble, or attempt in any other manner to obtain the source code or otherwise reduce to human-perceivable form any part of the Services; (ii) frame, mirror, republish, or distribute all or any portion of the Services in any form or media or by any means; (iii) remove any proprietary notices, labels, or marks on or in any part of the Services, including without limitation any trademark or copyright notices; (iv) perform or disclose to any third party the results of, testing or benchmarking of the Services, or access or use the Services or any part thereof in order to build or support, and/or assist a third party in building or supporting, products or services which are competitive to Lonesome’s; (v) except as expressly permitted herein, copy, emulate, sublicense, rent, or lease any portion of the Services; (vi) use the Services in any manner not expressly authorized by these Terms; (vii) use the Services to transmit (a) any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or any material that infringes a third party’s rights including without limitation, intellectual property rights; (viii) take any actions which (1) would disable the Services (or any part thereof) or impair in any way its operation based on the elapsing of a period of time, the exceeding of an authorized number of copies, or the advancement to a particular date or other numeral (referred to as “time bombs”, “time locks”, or “drop dead” devices); or (2) would prevent Lonesome to access the Services for the purposes of its operations or (xii) infringe or violate any of the Terms.
- Intellectual Property
You retain all ownership and intellectual property rights in and to your data which is uploaded to or otherwise provided to Lonesome via the Services. You acknowledge and agree that Lonesome and/or its licensors own the Services, including any copies, emulations, enhancements, modifications and derivative works made thereof and all intellectual property rights in the foregoing. Except as expressly stated herein, these Terms do not grant you any rights or licenses in respect of the Services or to any other intellectual property of Lonesome.
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, fully paid-up license grant 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.
- Your Obligations
You represent that during the Term, you shall: (i) be and remain exclusively responsible for all content, data and information provided via your Amazon Account, and that all such content, data and information has been and shall be legally obtained, does not and will not infringe any third party rights, (ii) comply with all applicable laws and regulations with respect to your activities under these Terms, (iii) carry out all other responsibilities set out in these Terms in a timely and efficient manner, (iv) obtain and shall maintain all necessary licenses, consents, and permissions necessary for Lonesome, its contractors and agents to perform their obligations under these Terms, (v) ensure that your network and systems comply with the relevant specifications provided by Lonesome from time to time. Without derogating from Section 11 below, you acknowledge and agree that in the event that the Services does not perform as required, specified, expected and/or desirable by you, your only recourse is to terminate the Terms in accordance with these Terms and Lonesome shall not be liable to you or to any third party with respect thereto. You further acknowledge, represent and agree that your continued use of the Services following any such non-performance, will constitute your acceptance of, and agreement to continue to experience, such Services performance.
- Third Party Components
The Services may use or include third party software, files and components that are subject to open source and/or other third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services and Lonesome disclaims all liability related thereto.
- Indemnification
You agree to defend, indemnify and hold harmless Lonesome from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) made against or incurred by Lonesome arising directly or indirectly from Your failure to comply with, breach or alleged breach of the terms and conditions hereof and/or included by references herein.
- Disclaimer and Warranties
Lonesome warrants and represents that (i) the Services does not infringe upon the intellectual property rights of any third party, and (ii) the Services will substantially conform to the Documentation. This warranty shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to Lonesome’s instructions, or modification or alteration of the Services by any party other than Lonesome. If the Services do not substantially conform to the documentation, Lonesome will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the warranty set out above.
Lonesome will not be liable for any misuse of the Service by User. Lonesome shall have no liability for any review, rating or recommendation of User’s buyers or customers presented through the Amazon Platform. Any reliance on review, recommendations and ratings is at your sole responsibility and you acknowledge that Lonesome may not review, verify or monitor any such reviews, recommendations or ratings or any user content. Lonesome does not warrant or make any representations regarding the use, the inability to use or operate, or the outcomes or the results of the use of the Services (or any part thereof).
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR RELIABILITY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT LONESOME DOES NOT GUARANTEE THAT THE SERVICES OR THE PERFORMANCE OF THE SERVICES WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF ANY PROGRAM LIMITATIONS OR FAILURES, OR THAT THE SERVICES AND/OR ANY FEATURE AVAILABLE THEREIN (WHETHER OR NOT CONFIGURABLE BY YOU) AND/OR ANY INFORMATION OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET AND/OR PERFORM IN ACCORDANCE YOUR REQUIREMENTS, SPECIFICATIONS, EXPECTATIONS, CONFIGURATIONS AND/OR GOALS, OR THAT LONSOME WILL CORRECT ANY OR ALL SERVICES ERRORS, DEFICIENCIES AND/OR NON-PERFORMANCES. YOU ACKNOWLEDGE THAT LONESOME DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. LONESOME IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ADDITIONALLY, YOU ACKNOWLEDGE THAT LONESOME IS NOT LIABLE FOR ANY INFORMATION OR DOCUMENTATION PROVIDED TO YOU OR YOUR CUSTOMERS VIA THE SERVICES BY ANYONE OTHER THAN LONESOME, INCLUDING WITHOUT LIMITATION ANY OPERATORS.
- Limitation of Liability
IN NO EVENT SHALL LONESOME, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICES OR THE USE OR INABILITY TO USE THE SERRVICES, THE PERFORMANCE OR FAILURE OF LONESOME TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF LONESOME BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER LONSOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Amendments to the Terms
Lonesome may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the application of the Services. Such substantial changes will take effect seven (7) days after such notice was first provided on our application of the Services. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
- Privacy Policy
Lonesome respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices regarding the information Lonesome collects when you connect to, access or use our Services. Our policy and practices and the type of information collected are described in our Privacy Policy located at http://lonesome.com/privacy-policy. If you choose to connect to, access or use our Services you have thereby also agreed to the Privacy Policy.
- Payments and Fees
Subscribing to our Services (“Subscription”) and registration to our Services may be subject to payment of certain fees (either onetime payment or periodic) to us, as shall be presented to you at the time of subscription/registration (the “Subscription Fees“).
Payments for our Services may be executed via various credit card and other third-party payment service providers that we make available through our Services. By choosing to proceed with a payment via a third-party payment service provider, you thereby: (1) agree to review and be bound by such third party payment service provider’s terms of use and privacy policy; and (2) acknowledge that you may need to hold or register an active account with that third party in order to complete a payment. We are not responsible or liable for any activities or conduct of a third-party payment service provider.
We reserve the right to change our Subscription plans or adjust pricing for our Service 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, any price changes or changes to your Subscription plan will take effect following notice to you.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
- Termination
Subscription is subject to payment of the Subscription fees. Your rights to the Services shall expire upon expiration of your Subscription unless you renew your Subscription by completing payment to Lonesome of the then applicable Subscription fees. Unless you notify us of your request to delete your profile account in our Services as specified in the Privacy Policy, we may maintain your inactive profile account including all data and reports therein, in order to allow you to reactivate your profile account in our Services if you choose to renew your Subscription at a later stage.
At any time, Lonesome may temporarily or permanently limit or block your access to the Services, at our sole discretion, in addition to any other remedies that may be available to us under any applicable law. Such actions by Lonesome may be taken if we reasonably believe that you have breached any of these Terms in any manner.
Additionally, Lonesome may at any time, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Lonesome does not assume any responsibility with respect to, or in connection with the termination of the Services operation and loss of any data except with respect to pre-paid pro-rated fees paid for future access to the Services.
The provisions of Section 3 (Use Restrictions), Section 4 (Intellectual Property Rights), Section 5 (Your Obligation), Section 7 (Indemnification), Section 8 (Disclaimer and Warranties), Section 9 (Limitation of Liability), Section 11 (Privacy Policy, including the Privacy Policy referred to therein), Section 13 (Termination), Section 14 (Availability & Support), and Section 15 (General), shall survive the termination or expiration of these Terms.
- Availability & Support
The availability and functionality of the Services depends on various factors, such as communication networks, software, hardware, service providers and contractors. Lonesome does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
- General
These Terms shall not in any way be construed to constitute You or Lonesome as an agent, partner, joint-ventures, employee or representative of the other, and both You and Lonesome shall remain independent contractors. You may not assign the Terms or give or transfer the Services or an interest in them to another individual or entity. Each of You and Lonesome intends that these Terms will not benefit or create any right or cause of action in or on behalf of, any person or entity other than You and Lonesome. Each of You and Lonesome will be excused for delays in performing or for its failure to perform hereunder (other than payment delays) to the extent that the delays or failures result from causes beyond the reasonable control of such party; provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause of the delay or failure. No waiver by either you or Lonesome of any breach of these Terms will constitute a waiver of any other breach of the same or other provisions of these Terms. No waiver by either you or Lonesome will be effective unless made in writing and signed by an authorized representative of that party. These Terms (including reference to information contained in a URL or referenced policy), constitutes the entire agreement and understanding of you and Lonesome relating to the subject matter hereof. These Terms supersedes all prior written and oral agreements and all other communications between Lonesome and you. If any provision in these Terms is invalid or unenforceable in any circumstance, its application in any other circumstances and the remaining provisions of these Terms will not be affected thereby.
Governing Law. These Terms and any claim arising therefrom will be governed by and interpreted in accordance with the laws of the State of Israel, without regard to conflicts of laws and principles. Any and all actions brought to enforce or resolve any dispute arising out these Terms must be brought exclusively in courts having jurisdiction in Tel-Aviv-Jaffa, Israel and each party hereby consents to and agrees to submit to the exclusive personal jurisdiction and venue of such courts.
Compliance with Export Regulations. You have or shall obtain in a timely manner all necessary or appropriate licenses, permits or other governmental authorizations or approvals (if applicable); and you shall indemnify and hold Lonesome harmless from, and bear all expense of, complying with all foreign or domestic laws, regulations or requirements pertaining to the importation, exportation, or use of the technology to be provided herein.
For information, questions or notification of errors, please contact :
If you have any questions (or comments) concerning the Terms, you are welcome to send Lonesome an e-mail at: info@lonesomelabs.com, and we will make an effort to reply within a reasonable timeframe.
