1. Permissions — What You Are Allowed to Do with Our API and SDK

API License. Subject to your compliance with the Terms, lutinx.com grants you a limited, non-transferable, nonexclusive, revocable royalty-free license, without a right to sublicense, to use the API to develop, implement, integrate, and interface your application ("App") with the lutinx.com Services as defined in our Terms of Service and distribute Your App to end users that are also customers of lutinx.com Service.

SDK License. Subject to your compliance with the Terms, lutinx.com grants you a limited, non-transferrable, non-exclusive, revocable royalty-free license (a) without a right to sublicense, to download, install, and use the SDK to develop your App and if required by the functionality of your App to embed the lutinx.com software contained in the SDK into your App that communicates with the Services; and (b) to distribute and sub-license the lutinx.com software, only as embedded through use of the SDK, only as included in your App.

License Restrictions. Except as expressly authorized under these Terms, you may not: (a) use, copy, modify, display, distribute, transfer, or sublicense any portion of the API or SDK; (b) make the functionality of the API or SDK available to any third party through any means, including, without limitation, any hosting, application services provider, service bureau, or other type of service; or (c) use the lutinx.com name, trademarks logos, anything confusingly similar or anything that may create a connotation of false-endorsement by lutinx.com, in connection with any App created by you, or in a manner that creates a sense of endorsement, sponsorship, or false association with lutinx.com. You acknowledge and agree that portions of the API, SDK and Services, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of lutinx.com and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer the API, SDK or Services, in whole or in part, or to permit or authorize a third party to do so, except to the extent that such activities are expressly permitted by law notwithstanding this prohibition. You agree to fully comply with all U.S. export laws and regulations or any other applicable export laws and regulations to ensure that neither the API, SDK, and Services, any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.

2. API Access Requirements

Each App must maintain absolute compatibility with the API to be granted access to the API and Services, including by (a) applying all SDK and API updates provided by lutinx.com, (b) providing all functionalities identified as critical by lutinx.com, and (c) supporting any standards (including encryption standards) required by lutinx.com. You agree to abide by any limitations on access, calls, or use of the API or Services (any "Service Limits") that may be set by lutinx.com and will not attempt to circumvent such Service Limits without the separate prior written consent of lutinx.com. You may not use or access the API or Services for the purposes of monitoring the availability, performance, or functionality of the API or Services or for any other benchmarking or competitive purpose.

3. Updates and Support

lutinx.com may, but is under no obligation to maintain, support, update, or provide error corrections for the API or SDK. If lutinx.com provides you with an update or maintenance release for the API or SDK unless you receive a separate license from lutinx.com for that update or release that expressly supersedes these Terms, such update or release will be subject to the terms and conditions of these Terms.

4. Your App

If you offer your App for use by others outside your organization, you agree to do so only subject to the terms of a user agreement ("EULA") and privacy policy ("Privacy Policy") for your App, which will be presented to users before they download or access your App. You agree that the EULA and Privacy Policy will comply with all applicable law and that you will obtain and maintain all consents and permissions required in connection with the collection, use, storage, and sharing of data in clear, understandable, and accurate terms. You agree that each EULA and Privacy Policy will be at least as protective of lutinx.com's proprietary rights in the API and SDK as those contained in the Terms and which will include, without limitation, terms for lutinx.com's benefit regarding (a) restrictions on reverse engineering (to the maximum extent permitted by applicable law); (b) disclaimer of warranties; and (c) limitation of liability. You must obtain the explicit consent of the end user before collecting, using, posting, or sharing any Customer Data obtained through the API on an end user's behalf. Mere authorization of your application by the end user does not constitute consent. In no event shall you or the App engage in any transmission, storage, access other use of Customer Data outside the scope of what the end user consented to. In respect of any third-party "open source" software or other third parties' intellectual property in any App ("Third Party Code"): (1) You will fully comply with any terms and conditions governing such Third Party Code, including without limitations, displaying any attributions, copyright information and other notices, terms and conditions that may be required to be provided to end users based on your use of such Third Party Code; (2) you shall use only Third Party Code that does not impose any obligation on, or affect lutinx.com, the end users, or any aspect of our Services (including our Marketplace) and related intellectual property, on an ordinary use and exploitation of your App.

5. Services Data

Results, usage statistics, data, or information (in the aggregate or otherwise) derived from your or your App's use of the API, SDK or Services ("Services Data") may be used only for your internal business purposes.

6. Acceptable Use

You may not use or access the API, SDK, or Services for any unlawful purpose, for any purpose not expressly authorized hereunder, or in any manner that is inconsistent with the Terms. In addition, you agree that your Apps will not:

• contain any content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• use, display, mirror, or frame the Services or any individual element within the Services, without lutinx.com's express written consent;
• access, tamper with, or use non-public areas of the Services, lutinx.com's computer systems, or the technical delivery systems of lutinx.com's providers;
• attempt to probe, scan, or test the vulnerability of any lutinx.com system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by lutinx.com or any of lutinx.com's providers or any other third party (including another user) to protect the Services;
• attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by lutinx.com or other generally available third-party web browsers;
• send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• violate any applicable law or regulation.

7. Your Representations and Warranties

You represent and warrant that (i) you have the right and authority to enter into these Terms; (ii) your App does not and will not violate any applicable law or regulation or the rights of any third party; (iii) you have obtained, and will maintain throughout the term of these Terms, all rights, permissions, and consents required for your App to function as described and for lutinx.com to exercise all rights granted hereunder; and (iv) your App does not contain any viruses, worms, Trojan horses, or other harmful code or programs.

8. Intellectual Property

As between you and lutinx.com, lutinx.com owns and retains all right, title, and interest in and to the API, SDK, and the Services. You acknowledge that the API, SDK and the Services contain trade secrets of lutinx.com and its licensors, and, accordingly, you agree to treat such information as provided under these Terms and any applicable confidentiality obligations. Your App and all intellectual property rights in and to your App are owned by you, subject to the rights granted to lutinx.com in these Terms. Nothing in these Terms will restrict lutinx.com from developing, marketing, or distributing applications that are the same as, or similar to, your App.

9. Term and Termination

These Terms are effective until terminated. You may terminate these Terms at any time by ceasing all access to and use of the API and SDK. lutinx.com may terminate these Terms at any time, with or without cause, upon notice to you. lutinx.com may also suspend your access to the API and SDK without notice if lutinx.com believes you have violated these Terms. Upon termination: (a) all rights and licenses granted to you under these Terms will terminate; (b) you must immediately cease all use of the API and SDK; and (c) you must promptly delete and destroy all copies of any lutinx.com software, documentation, and Confidential Information in your possession or control.

10. Limitation of Liability

IN NO EVENT WILL LUTINX.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE API OR SDK, EVEN IF LUTINX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE API AND SDK ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

11. General

These Terms constitute the entire agreement between you and lutinx.com relating to the subject matter herein and supersede all prior or contemporaneous agreements, negotiations and discussions between you and lutinx.com relating to such subject matter. Any failure by lutinx.com to enforce or exercise any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations hereunder without the prior written consent of lutinx.com, and any attempted assignment in violation of the foregoing will be null and void. lutinx.com may update these Terms at any time by posting a revised version of these Terms to the lutinx.com website. Your continued access to and use of the API or SDK after such posting will constitute your agreement to be bound by such updated Terms. These Terms are governed by the laws of the jurisdiction of Lutin Technologies Ltd.'s registered office, without reference to conflict of law provisions.

Contact

For developer support, API documentation, and technical questions, please contact:

Company: Lutin Technologies Ltd.
Email: support@lutinx.com
Legal: legal@lutinx.com
Subject: "Developer / API Support"