Terms of Service
LUCY
Last updated 05/04/2023
This End User License Agreement (“EULA”) constitutes a legal Agreement between the End User/You (either an Entity or individual) and
Eutech Cybernetics Pte Ltd (“Eutech”) and grants You a license for access and use of the Lucy Integration Platform (“Product”) and related Services subject to
the terms and conditions provided herein.
By clicking the “I accept” button or by downloading, installing, accessing, copying or using this Product and its Services, You agree to be bound by the terms and
conditions of this EULA and all laws and regulations applicable to the use of the Product and related Services.
If You are accepting this Agreement on behalf of another Person you represent and warrant that you have full authority to bind that Person to this Agreement.
1.DEFINITIONS
ownership and control of that Party with “control” meaning more than fifty percent (50%) of ownership and voting interests whether directly or indirectly
(A) Cloud Services Connectors that are hosted and run directly within the Product
(B) On-Premise Connectors that require a software component to be downloaded and run on the Computer of the End User
Applications and Meta data
(A) Viewing the Data in the API
(B) Generating a report or exporting the Data into an excel sheet which is download to the local system of End User
(C) By exposing API
(A) End User activity on the Product. This includes information such as date and time of log-in to the Lucy Account and the IP address of the End User
(B) Audit Trail for Applications. This includes details of changes to Integrations and changes to Authorised Users
(C) Logs of End User activity and of the execution of Integrations
(D) All the data that flows through an Integration
(A) Cloud based integrated solution services allowing End Users to build, design and deploy integration flows on the Product using Connectors that connect Third Party Applications to the Product in order for the Product to carry out the Integrations
(B) Provision of a Software Development Kit to enable the End User to write its/their own On-premise connector software to connect/communicate with the Product in order for the Product to carry out the integrations
(C) Provision of Standard Connectors to connect Third Party Applications to the Product in order for the Product to carry out the integrations
(D) Provision of tools to build APIs to manage and facilitate the passing of data in and out of the Product in order for the product to carry out the Integrations
is integrated with the Product via the Connectors
2. LICENSE
3. LUCY ACCOUNT
if no payment is received, Eutech reserves the right to terminate the Account
4. AUTHORISED USERS
its subsidiaries and/or affiliates shall not be responsible for the access and use of the Product and Services by Authorised Users.
You shall be liable for any misuse and/or abuse of the Product and Services by such Authorised Users.
that all such Authorised Users comply with the obligations You have undertaken under this EULA.
5. YOUR OBLIGATIONS
Third Party Applications as required to use Services offered by the Product
function or feature not in compliance with this EULA.
6. OBLIGATIONS OF EUTECH
Backup performed by Eutech shall only be for the purpose of recovering Your Data from a server failure or data corruption
Eutech shall only capture the status of the billing.
7. SOFTWARE DEVELOPMENT VIA SOFTWARE DEVELOPMENT KIT AND BUILDING API
8.REPRESENTATION AND WARRANTY
(A) Any integrations, connections, information You or your Authorised User submit in relation to the Product shall be acknowledged and attributed as to its ownership
(B) You have secured any and all authorization and rights to transmit and/or use Data or any Data between Third Party Applications as applicable under the relevant laws or applicable third party terms of service
(C) If You make payment by way of credit card, You warrant that the information provided to Eutech or its payment processor is true and complete and You are authorized to use the credit card to make the payment and that your payment will be honored by the card issuer.
9.PRIVACY
(A) Upon a specific written request by You
(B) To diagnose a larger issue that is affecting other End Users
(C) To comply with the law or an order of a Governmental Authority
10. PAYMENT
On the expiration of the Trial Period You shall make the required payment corresponding to the Tier selected by You,
to continue to access and use the Product and Services. Such payment shall be made online by way of credit card through
the secured third party payment processor or such payment shall be made directly to Eutech on an invoice issued by Eutech.
For avoidance of doubt Eutech shall give notice of the thresholds for each Tier prior to the making of the payment for use of and access to the Product.
Eutech reserves the right to suspend your Lucy Account and/or terminate your Lucy Account
11. INTELLECTUAL PROPERTY
12. PROHIBITED USE
(A) Use the Product and the Services offered by Eutech in any manner or for any purpose other than as expressly permitted by this EULA
(B) Attempt to modify copy, adapt, reproduce, alter, tamper with the Product and/or Services except as necessary to use it for normal operation
(C) Attempt to decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Product
(D) Distribute, encumber, sell rent, sub-license or otherwise transfer the Services to any third party except as permitted under this EULA
(E) Remove or alter any logo, trademark, copyright, symbol in or on the Product
(F) Use the Product or the Services offered by it in a manner to aid in the violation of any third party Intellectual Property Rights
(G) Take any action that interferes in any manner with Eutech’s rights and/or interests in respect to the Product and Services
(H) Use or misuse the Product and the Services offered by it in any way which may impair the functionality of the Product and the Services,
or impair the ability of any other End User to use the Product and the Services
(I) Attempt to gain unauthorized access to any Data other than such Data that has been provided by You or Data that you have been given express permission to access
(J) Transmit or input into the Product any Data that may be offensive, inappropriate or in violation of any law, defames or seeks to defame Eutech or compromises the reputation and/or goodwill of Eutech.
13.TERM AND TERMINATION
(A) You breach the terms of this EULA
(B) You have fraudulently used/misused the credit card when making payments to access the Lucy Account
(C) You have failed to fulfill your obligations provided under this EULA
(D) The Lucy Account has been a a Suspended Account for a period of 30 days with no re-activation
(E) Eutech chooses to discontinue the Product as it currently is
(F) It is legally required to terminate your Lucy Account by a Government Authority due to any contravention to applicable laws and/or regulations
You to the Product immediately or on the expiry of the notice period as the case may be.
all your Data submitted by You to the Product shall be returned forthwith.
14. CANCELLATION REQUEST
15. DISCLAIMER
(A) The Services shall meet your requirements as the functionality of the Services is dependent upon configuration of your Device and other components;
(B) The Services can be executed on every operating system, as it is impossible to test each variant.
the uptime or availability of these third party services or that these third party services are provided free of defect or without interruption.
The operation of the Services is dependent on public telephone services, computer networks, the Internet,
which can be unpredictable and may from time to time interfere with the use of the Services.
Eutech accepts no responsibility for any such interference or prevention of use of the Services.
Data or other materials downloaded or otherwise obtained through the use of the Services are at your own discretion and risk and that
you will be solely responsible for any infections, contaminations or damage to your computer, system or network.
Eutech is not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Services,
any third party software or operating system.
16. INDEMNITY
third-party claim concerning: (a) your use of the Services (including any activities under your Lucy account and use by your Authorised Users); (b) breach of EULA or violation of applicable law by you, your Authorised Users (c) a dispute between you and any
Authorised User
17. LIMITATION OF LIABILITY
18. RELATIONSHIP OF PARTIES
19. FORCE MAJEURE
malicious acts of damage, fire, acts of any government authority or failure of the public electricity supply, then the performance of
the obligations of that Party as affected by such cause shall be excused during the continuance of the inability so caused, but such
inability shall so far as possible be remedied as soon as reasonably possible.
20. GOVERNING LAW AND DISPUTE RESOLUTION
The Arbitration Agreement shall be governed by the laws of Singapore