Table of Contents:

  1. INTRODUCTION
  2. TERMINOLOGY
  3. GENERAL TERMS
  4. PRIVACY POLICY
  5. COOKIES POLICY
  6. INTELLECTUAL PROPERTY RIGHTS
  7. REGISTRATION
  8. PURCHASE AND PRICING
  9. TAXES
  10. INFINITY CLOUD CONTROLLER
  11. RIGHTS AND RESTRICTIONS
  12. VIOLATIONS AND INFRINGMENT
  13. TERM AND TERMINATION
  14. WARRANTY DISCLAIMER AND LIMITATION LIABILITY
  15. INDEMNITY
  16. OTHER TERMS
 

  1. INTRODUCTION

    1. The clauses provided herein establish the LigoWave Online Terms and Conditions, (hereinafter referred to as just the Terms and Conditions), which delineate the clauses governing User privacy, cookies, and the use of the Service, and which shall apply to the use in any capacity of all visual, audio, text, and other related content, products, and services provided on the LigoWave website and that of all LigoWave website subdomains (hereinafter the Service).
    2. When entering the Service, the User shall have to agree or disagree with the Terms and Conditions. By agreeing with the Terms and Conditions, the User confirms that they have read and understood the rights, obligations, terms and conditions set forth herein.
    3. By continuing to use the Service in any capacity, the User shall expressly consent to be bound by the Terms and Conditions, including its updated versions and all applicable laws and regulations.

  2. TERMINOLOGY

    1. LigoWave – the first of two parties of the current Terms and Conditions agreement, legally known as LigoWave Inc. Limited, which possesses full ownership of all rights to the LigoWave brand and all online properties pertaining to it, including, but not limited to, the LigoWave website, all of its subdomains, and all visual, audio, text, and other types of material contained therein.
    2. User – the second of two parties of the current Terms and Conditions agreement, who makes use of the website to any extent in accordance with the terms and conditions provided herein.
    3. Terms and Conditions – the entirety of clauses provided herein (alternatively referred to as the LigoWave Online Terms and Conditions), determining the rules and guidelines for User privacy, cookies, and use of the website.
      1. Privacy Policy – an inherent part of the Terms and Conditions regarding all clauses on User privacy, including, but not limited to, LigoWave obligations regarding privacy, details on what information shall be collected, and how it shall be processed. A comprehensive definition of the Privacy Policy is provided in Section 4.
      2. Cookies Policy – an inherent part of the Terms and Conditions regarding all clauses on Cookies, including, but not limited to, LigoWave obligations regarding the use and security of the collected User information, details on what information shall be collected, and how it shall be processed. A comprehensive definition of the Cookies Policy is provided in Section 5.
    4. Service – any and all written content, products, and/or services provided in and through the LigoWave website (i.e. https://www.ligowave.com), all of its subdomains (e.g. https://controller.ligowave.com), and LigoWave’s devices and applications, whether online or offline, including, but not limited to, the Infinity Cloud Controller, the Partner Program, the Support Portal, the LinkCalc Tool, and newsletter subscription.
    5. Information – personal data that LigoWave collects from the User as detailed in Section 4.
    6. Cookies –small text files placed on the User’s devices to personalize and improve their experience of the Service.
    7. Paying User – a User who pays for the use of added functionality provided by the Service.
    8. Paid Service – a part of the Service that the User pays for, providing the User with added functionality.

  3. GENERAL TERMS

    1. The User hereby acknowledges that the Service will operate only on designated hardware and software platforms. The User further acknowledges that it is the responsibility of the User to have the appropriate software, hardware, and Internet connectivity to use the Service.
    2. LigoWave shall have the right to modify the Service, terminate any events held through the Service, and/or to discontinue any services rendered through the Service at any time at its sole discretion. Moreover, LigoWave shall reserve all rights to cease supporting any hardware or software platform at any time at its sole discretion.
    3. The User shall use any and all software provided via the Service in compliance with the Terms and Conditions.
    4. The User shall not interpret the use of the Service as a right to use any of LigoWave’s trademarks, service marks, product or service names, slogans, logos or images, unless otherwise agreed upon in writing with LigoWave.
    5. The Terms and Conditions reference other guidelines, notices, agreements or other terms and conditions pertaining to LigoWave Services as well as to services rendered by LigoWave partners, and such reference shall constitute an integral part of these Terms and Conditions.
    6. The User hereby accepts that the electronic format is the sole valid manner by which they declare their acceptance of the Terms and Conditions.
    7. The User shall be prohibited from using the Service to cause any type of harm to any of the parties and/or their respective equipment involved with the service:
      1. Individuals and parties involved with the Service shall include, but shall not be limited to, LigoWave staff, registered Users, unregistered visitors, etc.; party equipment shall include, but shall not be limited to, servers that the Service is hosted on, etc.
      2. Harm of any type shall include, but shall not be limited to:
        1. any attempt to interfere, invade, or destroy any system or resource on the Service;
        2. transmitting materials that are threatening, obscene, pornographic, or destroying the public order and customs;
        3. spreading computer viruses through the Service network;
        4. using any data mining, robots, or similar data gathering and/or extraction tools. In the event that the User uses any software or tools mentioned previously.
      3. Appropriate punitive measures, as per Section 12, shall be implemented against all Users that do not abstain from performing any of the abovementioned harmful actions.
    8. LigoWave shall reserve the right to unilaterally modify any of the clauses provided in the Terms and Conditions. Any modifications shall come into force immediately after making it available to the public by uploading the updated version onto the Service. Users shall have to agree to the updated Terms and Conditions to continue using the Service. Should the User not agree to the Terms and Conditions and refuse to abide by all applicable law pertaining to the Terms and Conditions, the User must immediately discontinue the use of the Service.

  4. PRIVACY POLICY

    1. LigoWave shall put all effort into complying with all of the applicable laws on privacy protection and personal information security. The Privacy Policy, together with any additional terms and conditions that contain supplementary information in connection with particular services that the User may be using on the Service, outline LigoWave’s privacy practices regarding the collection, use, and safeguard of the User’s personal information through the LigoWave Service as well as devices, applications and services, both online and offline that LigoWave provides, along with which/whom LigoWave may share or disclose the collected information. Should the User be younger than 18 years of age, the User shall only receive access or shall only be allowed to use the Service after their parents or legal guardians read and agree to the LigoWave Terms and Conditions in their entirety.
    2. The use, access, and/or submission of personal information to the Service by the User, or the submission of the User’s personal information either by their parents or legal guardians in case of Users younger than 18 years of age, or the submission of the personal information of the User’s parents or legal guardians on behalf of the User, to LigoWave shall be deemed an acceptance of the Terms and Conditions.
    3. Should a User express a desire to register for a Service, LigoWave shall request certain information from them, including, but not limited to:
      1. depending on the service, the User’s e-mail address, first and last name, company name, type, and industry, phone number, website, country, and language upon account registration; should the User use their social media account to log in or to sign up for a LigoWave account to use the Service, information such as, but not limited to, the User’s e-mail, phone number, and language settings shall be collected to enable access via a social media account;
      2. the User’s first and last name, mailing/shipping/billing address (including zip code), contact information, e-mail address, credit card number, or other payment service information when purchasing LigoWave Paid Services;
      3. first and last name, e-mail, phone number, company name and type, position, and product usage information for registration to LigoWave events or campaigns.
    4. Whenever a User uses the Service, LigoWave may collect certain Information from them, including, but not limited to:
      1. the User’s device information such as device model, serial number, the version and type of the operating system, IP address, MAC address, IMEI number, and other unique device identifiers;
      2. the User’s log information such as the settings, activation time of the User’s devices, the network the User uses to connect to the Service, the status of the network, telephony log information, standby status, crash history, preferred interface, type and language settings of browser, diagnostic and usage data as well as usage behavior on the Service;
      3. the User’s location information such as the version of the User’s devices’ GPS and Wi-Fi modules, GPS signal, data identifying nearby Wi-Fi access points and cell towers, the time zone, and local time where the device is used;
      4. the User’s application information such as the type of installed applications or software, usage and interaction with content offered through the Service, for instance, the install and uninstall time, frequency of usage, the category of preferred applications and software.
    5. The User shall have the option to provide information that LigoWave does not require, but which may improve the User’s experience of the Service, including, but not limited to, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (e.g. to personalize the User’s profile or to upload marketing material).
    6. All of the information collected from the User by LigoWave in any way shall be referred to as Information.
    7. The Information shall be collected through the LigoWave website (https://www.ligowave.com/), any of its subdomains (e.g. https://controller.ligowave.com/), and any of its legacy websites (http://www.wilibox.com and http://www.deliberant.com/).
    8. The Information and/or any of its updates may be retrieved from institutions, organizations, and companies that provide credit information, personal data services, and publicly accessible information.
    9. The User shall have the opportunity to review the Information that they have submitted to LigoWave via the Service at any time by logging in to the respective Service and navigating to the appropriate information sections.
    10. The User shall have the right to request LigoWave to provide them with a copy of any User-specific Information that LigoWave is technologically capable of retrieving, given that the User provides sufficient proof of their identity.
    11. The User shall have the right to request LigoWave to stop storing and/or processing their Information, should there be no legal basis for performing said operations.
    12. The User shall have the right to limit the storage and/or processing of their Information, should the User provide a technologically-practical and/or a legally-valid reason.
    13. The User shall have the right to request LigoWave to correct any discrepancies found in the Information that the User is incapable of correcting themselves due to technical limitations.
    14. The User shall have the right to submit complaints to the appropriate data protection institutions operating within the applicable jurisdiction(s).
    15. LigoWave shall use the collected Information for the following purposes:
      1. General:
        1. to assess and improve the Service;
        2. to complete the registration of a LigoWave account or a device;
        3. to obtain customer feedback and to analyze the user experience for the development and evaluation of new services and devices;
        4. to deliver and fulfill any requests made by the User, including, but not limited to, providing information and documentation regarding purchases, such as delivering purchase invoices or proof of purchase, and providing software updates and technical notices;
        5. to send Users important technical, functional, and informational notifications regarding the Service, including, but not limited to, communication about changes to the LigoWave terms of use, billing information, and scheduled maintenance notices. Due to the importance of the such communication, Users may not opt out of receiving it;
        6. to respond to customer support requests, such as product repair requests, and to respond to User questions;
        7. to provide the User with LigoWave customer care and customer satisfaction survey for User experience analysis.
      2. Sales:
        1. to analyze and improve relations between LigoWave and the company that the registered User represents;
        2. to provide products and services, e.g. when buying LigoWave hardware and software, making use of LigoWave services, subscribing to the LigoWave newsletter, and participating in LigoWave-hosted training and other events. User Information is processed in accordance with the rights and duties as established in the Terms and Conditions and/or other contracts concluded between the User’s represented company and LigoWave;
        3. to manage and expand LigoWave commercial activities.
      3. Marketing:
        1. to advertise LigoWave products and services, in turn raising User awareness and understanding thereof;
        2. to process and fulfill any subscriptions that the Users have signed up for, including LigoWave eDMs or newsletters to keep the User up to date with the latest LigoWave news, promotions, and upcoming events. Users shall have the possibility to unsubscribe from such communication at any time at no charge;
        3. to provide the User with marketing communication and advertising that LigoWave believes may be of interest of them. LigoWave may use the information detailed in the current section to ensure the relevance of offers, to customize product or service offers, and to cater to specific User needs. Users shall have the possibility to unsubscribe from such communication at any time at no charge;
        4. to verify the User’s identity and to deliver campaign entries and rewards in the case the User’s participation in events or contests;
        5. to provide the User with recommendations about services they may be interest in based on their use of the Service. Users shall have the possibility to unsubscribe from such communication at any time at no charge;
      4. Any other purposes that the User consents to.
    16. By providing the Information, the User hereby agrees that LigoWave becomes the keeper and processor of their Information.
    17. LigoWave shall retain the User’s Information for the period necessary to fulfill the purposes outlined in the Privacy Policy and in accordance with all applicable laws and regulations. The Information retention period may be subject to applicable laws and regulations.
    18. All of the Information shall be stored in electronic format. LigoWave will not retain any Information in physical form, e.g. on paper.
    19. The User shall have the right to have their collected Information deleted upon request submitted to LigoWave at the address provided below.
    20. User Information may be disclosed to the following third parties:
      1. Business Partners – LigoWave may disclose hashed and anonymized information to business partners, for example, companies that provide data analytics services or advertising and marketing communication based on the hashed and anonymized information.
        1. Information collected over web-based forms, including, but not limited to, contact forms or registration forms to download files from the LigoWave website, may be disclosed to Business Partners operating as an authorized LigoWave representative in the country indicated in the User-submitted form.
      2. Service Providers – LigoWave may disclose User information to LigoWave service providers that render services for or on behalf of LigoWave, for instance, service providers assist LigoWave with sending marketing communication, providing customer support, delivering purchases and billing. These service providers shall only use User information in compliance with LigoWave instruction, in accordance with the applicable laws, and within the scope of the purposes hereof. LigoWave shall guarantee that all of its service providers strictly comply with the Privacy Policy.
        1. Information collected over web-based forms, including, but not limited to, contact forms or registration forms to download files from the LigoWave website, may be disclosed to Service Providers operating as an authorized LigoWave representative in the country indicated in the User-submitted form.
      3. Government and Legal Institutions – LigoWave may disclose User information to third parties for legal or security purposes:
        1. to the extent that it is required by applicable laws or regulations or competent governmental or judicial authorities, necessary to establish or preserve a legal claim or defense, or necessary to prevent fraud or other illegal activities;
        2. to protect the rights, property, or safety of LigoWave, its service providers, customers or the public, as required or permitted by law.
      4. LigoWave shall undertake to request permission of the User to disclose their Information to other third parties outside of those indicated in Clauses 4.20.1–4.20.3.
    21. LigoWave shall collect Information in the following ways:
      1. by having the User provide it themselves by means of registration, etc.;
      2. by means of Cookies and similar technologies.
    22. By agreeing to the Terms and Conditions, the User hereby confirms that they understand and consent to the transfer, storage, use, or processing of their information to LigoWave and any of its affiliated companies and service providers for the purposes stated herein.
      1. All said transfer, storage, or processing of User Information, shall be subject to the Privacy Policy and applicable laws on privacy protection and personal information security.
      2. The abovementioned service providers shall use the Information for the purpose of providing the services agreed upon with LigoWave only and in accordance with the applicable rules and regulations on privacy protection.
      3. The Information may be transferred, stored, used, and processed by LigoWave-affiliated parties that may be located in a different country to the User’s. LigoWave can provide more information on this matter upon the User’s request.
    23. The Service may contain third-party content (e.g. promotional material) or links to third-party websites (e.g. event registration). The User hereby acknowledges and agrees that LigoWave shall not be deemed responsible for neither any agreement concluded between the User and such third parties nor any content provided by such third parties in the manner explained above. Therefore, for safety purposes, LigoWave advises Users to be aware of when Users leave the Service by following links of the abovementioned nature and to carefully read the privacy statements of such third-party websites. The Privacy Policy provided in the Terms and Conditions shall apply to the Service only.
    24. LigoWave shall conduct internal reviews of its information collection, storage, and processing practices as well as virtual and physical security measures to guard against unauthorized access to the systems that store the User’s information as a precaution in order to protect the User’s information against unauthorized access, alteration, disclosure, or destruction.
    25. The transmission of information between the different locations of LigoWave and its affiliated companies shall be performed through a secured wide area network. When submitting information to LigoWave, it is protected both online and offline.
    26. LigoWave shall guarantee the security of Information transfer and storage by keeping all of the necessary data security measures up to date and in operation at all times. Data is protected in accordance with the LigoWave internal data security practices and policies.
    27. To further protect User data from unauthorized access, LigoWave recommends:
      1. using alphanumerical passwords when signing up for a LigoWave account;
      2. changing passwords on a regular basis;
      3. keeping devices up to date by applying the latest available software security updates and using tools such as virus and spyware scanners.
    28. Should the User become aware of any technical vulnerabilities affecting the LigoWave Service, they are strongly encouraged to contact LigoWave at [email protected] and to report the issue.
    29. Users may view and change the Information by logging on to their LigoWave account and editing their account info.
    30. Should the User have any questions or requests regarding the Information, such as access to, correction, or deletion thereof, they can contact LigoWave at [email protected].
    31. LigoWave shall, to the best of their ability, accommodate User requests regarding their data, except for in cases of inability to fulfil requests under the following circumstances:
      1. as required or permitted under application laws;
      2. for legitimate business purposes;
      3. unreasonably repetitive requests that require disproportionate technical efforts and resources, for example, developing a new system or fundamentally changing the current practices;
      4. potential risks on the privacy of others.
    32. The LigoWave Technical Support Service is managed by a third party. Therefore, the User shall hereby agree to the terms and conditions and the privacy policy of the managing third party. The aforementioned policies can be found at https://trakdesk.com/company/terms and https://trakdesk.com/company/privacy respectively.
    33. Any terms and conditions not established in the Privacy Policy shall be governed by the General Data Protection Regulation 2016/679 (GDPR)).

  5. COOKIES POLICY

    1. LigoWave shall use cookies and similar technologies, such as web beacons, to provide the Service (hereinafter Cookies). LigoWave uses Cookies for:
      1. sign-up and authentication – LigoWave uses Cookies to store the User’s unique sign-up ID number and authentication information on their device. These Cookies allow Users to visit and move from page to page within the Service without having to log in again on subsequent visits;
      2. storing User preferences and settings – LigoWave uses Cookies to maintain User settings and preferences on their devices, such as, preferred language or location. By storing the settings in Cookies, it is not a necessity to reapply User preferences and settings each time they use the Service;
      3. analytics – LigoWave uses Cookies to count the number and length of the User’s use of the Service as well as which parts or features they visit the most. This information helps LigoWave analyze the performance and operation of the Service to improve performance and to develop new features, functions, and services;
      4. advertising – LigoWave uses Cookies to collect data about the User’s use of the Service and to identify their interests, such as, the ads they have viewed. LigoWave, and its business partners. LigoWave uses this data to provide advertising that is most relevant to its Users.
    2. The Cookies that LigoWave employs shall not collect information that identify the User.
    3. Users shall have the choice to modify cookie preferences by accessing the tools and settings of their browser to accept, block, or delete cookies. Since certain features of the Service depend on the use of cookies, disabling them completely may also remove the ability to use one or more features of the Service.
    4. The Cookies used in the Service are categorized as follows:
      1. Performance Cookies
        1. Performance Cookies collect information about how Users use the Service, for instance, what pages the User visits most often, and should they get error messages from the Service. Performance Cookies are used to improve the performance of the Service only.
        2. Performance Cookies shall not collect information that identifies the User. All of the information that these Cookies collect shall be aggregated and anonymous.
        3. LigoWave shall use the following Performance Cookies:
          Cookie Name Host
          Google Analytics Google Inc.
          Hotjar Hotjar Ltd.
          X-Mapping-knmbpboo Ligowave
          Lidc Linkedin Inc.
      2. Functionality Cookies
        1. Functionality Cookies allow the Service to save User settings and preferences, such as the User’s preferred language, their current region, pages that were viewed, viewing frequency, Services that were requested, and Service customization. Functionality Cookies are used to provide Users with a more personal and consistent experience each time they use the Service.
        2. The information collected by these Cookies shall be anonymized and shall not be tracked by non-LigoWave services.
        3. LigoWave shall use the following Functionality Cookies:
          Cookie Name Host
          _cfduid LigoWave
          Google Tag Manager Google Inc.
          PHPSESSID LigoWave
          Bcookie Linkedin Inc.
          Fr Facebook Inc.
          _csrf LigoWave
          Lang Linkedin Inc.
      3. Targeting and Advertising Cookies
        1. Targeting and Advertising Cookies store information on how Users use the Service and how advertisements are presented to them. They are used to deliver advertising that is more relevant to Users and their interests, to limit the number of times Users see an advertisement, and to help measure the effectiveness of the advertising campaigns.
        2. LigoWave shall place cookies by using advertising campaign services, such as Hubrus DSP, Google AdWords, and Google DoubleClick. Targeting and Advertising Cookies shall only be used between LigoWave and advertising campaign service providers.
        3. LigoWave shall use the following Targeting and Advertising Cookies:
          Cookie Name Host
          Google AdWords: Conversion, and Remarketing Cookies Google Inc.
          BizoID Linkedin Inc
          UserMatchHistory Linkedin Inc.

  6. INTELLECTUAL PROPERTY RIGHTS

    1. The User hereby accepts that they shall be solely responsible for the uploading, transmission, input, and/or provision of Information to the Service and none of the User-submitted Information shall represent the opinion of LigoWave.
    2. By uploading, transmitting, inputting, and/or providing the Information to the Service, the User shall grant LigoWave a worldwide, non-exclusive, non-revocable, royalty-free, transferable, sub-licensable right to said Information, thus allowing LigoWave to promote and distribute part or all of the Information in any media formats with any manner, including, but not limited to, to modify, reproduce, publicly broadcast or transmit, adapt, distribute, publish, publicly release, or otherwise use the Information.
    3. Should the User not have rights to the abovementioned Information, they are forbidden to upload, transmit, input, and/or provide the Information to and through the Service.
    4. Should the User become aware of any actual or prospective infringement of any content of the Service, or an infringement notification is required in accordance with applicable laws or regulations, they shall inform LigoWave using the contact information indicated below regarding the issue. In such a case, LigoWave shall proceed with the corresponding procedure in accordance with applicable laws.
    5. Should LigoWave receive an infringement notification from a copyright holder or its agent, LigoWave shall remove the copyrighted content and take appropriate actions at its sole discretion against the User that has violated the copyright. Should the User believe that such content was not a violation of copyright, they may submit a justified counter-notification to LigoWave using the contact information indicated in the Terms and Conditions regarding the issue. In such a case, LigoWave shall proceed with the corresponding procedure in accordance with applicable laws.

  7. REGISTRATION

    1. The User shall be required to register for an account in order to use the Service. In such a case, the User shall comply with the following:
    2. The User shall have the opportunity to change their registration information by logging in to the Service and editing the account settings.
    3. The User shall be deemed solely responsible for securing the confidentiality of their password and user name and for any and all activities that occur under their account.
    4. LigoWave shall reserve the right to verify the validity of a User’s membership at any time during or after any Service event. Failure of LigoWave to enforce any of its rights hereof shall not constitute a waiver of those rights.
    5. Users must be at least 18 years of age to be allowed to register for any service provided on the Website. By registering and accepting the Terms and Conditions, Users confirm that they are of the abovementioned age or that their representatives on the matter are of the require age as per Clauses 4.1–4.2 of the Terms and Conditions.
    6. Users are prohibited from providing information of any nature that would pose a risk to people with the necessary access to the information and to the equipment that processes said information, including, but not limited to, links to websites with inappropriate or harmful content, advertisements, lines of code, etc.
    7. Users are prohibited from using other people’s accounts to access the Website, unless explicit permission was acquired for the use of the account.
    8. Users are prohibited from disclosing their account credentials or any other information that could allow third parties to gain access to their account (e.g. e-mail address). In the event that a third-party gains access into a User’s account, the User must immediately recover their account and ensure that no third party has access to it by changing the password. It shall be the sole liability of the User to bear any and all liability for third party activity in the User’s account during the abovementioned event.

  8. PURCHASE AND PRICING

    1. LigoWave may offer paid services found in the Service (hereinafter Paid Service), in which case the following terms and conditions shall apply in addition to all other terms and conditions provided herein:
      1. The purchase of the Paid Service shall be performed in accordance with the pricing policy provided herein and with the pricing provided with the respective services.
      2. The purchase of the Paid Service shall be performed electronically over the proprietary purchase platform developed and maintained by LigoWave and/or over the LigoWave’s financial intermediary’s payment platform.
      3. The process of purchasing the Paid Service shall be instant, i.e. Paid Service selection, confirmation, the act of payment, payment processing, delivery, and other related purchase operations shall be performed as one continuous and immediate process, without the option for pre- or post-payments.
      4. Once the purchase of the Paid Service is successfully concluded, the Paying User shall receive an invoice serving as proof and record of purchase.
      5. LigoWave shall reserve the right to choose and employ in their sole discretion a financial intermediary to accept, reject, process, and finalize payments made by the Paying User to LigoWave.
      6. The United States Dollar (USD, $) shall be the default currency used for pricing and payments, unless decided otherwise by LigoWave at its sole discretion. Any currency exchange fees that may apply shall be borne by the Paying User.
      7. LigoWave shall reserve the right to unilaterally modify the pricing of any and all paid services provided via the Service.

  9. TAXES

    1. The following taxes may apply with the purchase of any Paid Services:
      1. Value Added Tax (VAT):
        1. A 21% VAT shall always apply to Paying Users who are natural or legal persons officially established and operating in the Republic of Lithuania. No additional remarks regarding directives shall be made in the invoice.
        2. VAT shall not apply to Paying Users who are legal persons officially established and operating in EU member states with valid VAT identification numbers as per Article 44 of the EU VAT Directive 2006/112/EC. The invoice shall indicate the VAT tariff as 0% and $0.00.
        3. A 21% VAT shall apply to Paying Users who are natural or legal persons officially established and operating in EU member states without valid VAT identification numbers as per Article 44 of the EU VAT Directive 2006/112/EC. No additional remarks regarding directives shall be made in the invoice.
        4. VAT shall not apply to Paying Users who are natural and legal persons officially established and operating in countries outside of the EU as per Council Directive 2008/8/EC. The invoice shall indicate the VAT tariff as 0% and $0.00.

  10. INFINITY CLOUD CONTROLLER

    1. The current section delineates terms and conditions that are specific to the Infinity Cloud Controller. All other aspects specific to the Infinity Cloud Controller that are not provided in the current section shall be governed by the other clauses provided in these Terms and Conditions.
    2. The Infinity Cloud Controller shall be referred to as the Service within the current section.
    3. Plan Duration, Extension, and Expiration:
      1. The standard duration applicable to all newly-purchased or extended Service plans is 1 year.
      2. The Paying User can extend their current plan when less than 30 days are left until expiration or within 14 days of the expiration of the current plan.
      3. 30-day period prior to expiration:
        1. Should the Paying User extend the Service plan within 30 calendar days prior to the expiration date, the Service plan shall be extended by 1 year following the expiration date and the extension shall be activated immediately following expiration.
        2. The Paying User’s account shall undergo no changes during the transition from the expired period to the extended period.
      4. 14-day period following expiration:
        1. Should the Paying User extend a Service plan within 14 calendar days of the expiration date, the Service plan shall be extended by 1 year following the expiration date and the extension shall be activated immediately following extension.
        2. During the aforementioned period, the Paying User’s account shall be suspended until the Paying User pays for the extension of the Service plan.
        3. During the aforementioned period, the Paying User shall not be able to use any functions and features other than to pay for an extension of the Service plan.
        4. During the aforementioned period, all registered devices shall continue to operate under the settings assigned with the Service plan, but the Paying User shall not be permitted to make any changes.
        5. Should the Paying User extend the Service plan during the aforementioned period, all of the network settings, functions, and permissions shall be restored.
      5. Period following the initial 14 days of expiration:
        1. Should the Paying User fail to extend the Service plan within the 14-calendar-day period following expiration, the account and all of the information as well as devices stored in it shall be permanently deleted.
    4. Product Plan Changes:
      1. Should the Paying User be using the free version of the Service, they can switch to any paid Service plan at any time by purchasing the plan through the system.
      2. Should the Paying User have purchased and is using the paid version of the Service, they can switch to any higher tier paid Service plan at any time. The remainder of days of the current plan shall be converted into a corresponding amount of money, which shall automatically be subtracted from the price of the new plan. Once the payment for the new plan is made, the new plan shall replace the current plan and shall be valid for 1 year as of the date of replacement.
      3. Should the Paying User have purchased and is using the paid version of the Service, they can switch to any lower tier paid Service plan that supports the number of devices currently registered on the network and only when the current plan has expired or less than 30 days are left until expiration.

  11. RIGHTS AND RESTRICTIONS

    1. The User shall be granted a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable right to access and use the Service. The term use mentioned above shall constitute:
      1. browsing the Service and any of its content that is accessible to the public;
      2. registering for accounts of services provided in the Service, including, but not limited to, LinkCalc, Infinity Cloud Controller, Support Portal, and Partner Program;
      3. filling out forms for buying products, becoming a distributor, contacting support, applying for a job, and becoming a technological partner;
      4. subscribing to the LigoWave newsletter;
      5. downloading all content that is explicitly provided for download, including, but not limited to, datasheets, case studies, manuals, quick user guides, end of life announcements, firmware images, product catalogs and overviews, link test and other reports.
    2. Except for rights granted expressly herein, the User shall acknowledge that all other rights remain with LigoWave. Any and all rights, including, but not limited to, in the Service, are and shall remain the exclusive property of LigoWave.
    3. The User shall agree to not removing, obscuring, making illegible, or altering any notices or indications of any rights and/or LigoWave’s rights and ownership thereof, whether such notice or indications are affixed on, contained in, or otherwise connected to any materials.
    4. Users shall be prohibited from using the Service in ways and for purposes deemed unlawful (e.g. fraud).
    5. Users shall be prohibited from using any contact data found on the Service, including, but not limited to, contact information of LigoWave, its partners and/or its distributors, for direct or indirect marketing purposes.
    6. Users shall be prohibited from using or modifying any of the visual, audio, text, or other material provided on the Service to be used for commercial purposes without consent from LigoWave. To receive permission to use or modify Service content, please contact LigoWave at the address provided below.

  12. VIOLATIONS AND INFRINGMENT

    1. LigoWave reserves full right to administer appropriate penalties for the violation of any of the terms and conditions provided herein.
    2. LigoWave shall at its sole discretion decide the most appropriate penalty for the violation of the Terms and Conditions, which may include, but shall not limited to:
      1. temporary functional restrictions imposed upon the User’s account;
      2. temporary suspension of the User’s account, whether full or partial;
      3. permanent termination of the User’s account.

  13. TERM AND TERMINATION

    1. Should for any reason the Service become not capable of running as planned, including, but not limited to, force majeure, technical failures, unauthorized intervention, fraud, demand from a government or other legal authority, or any other cause beyond the control of LigoWave, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Service, LigoWave shall reserve the right in its sole discretion to cancel, terminate, modify, or suspend the Service.
    2. User accounts may be terminated under any of the following conditions:
      1. should the User request their account to be terminated. To close an account, Users must contact LigoWave at [email protected] and request that their account would be permanently terminated;
      2. should any of the Terms and Conditions provided herein be violated to any extent due to the fault of the User;
      3. should the User account become inactive (actually or financially) in accordance with the terms and conditions specific to each respective LigoWave service provided on the Service.
    3. The Terms and Conditions shall remain effective until terminated by the User or LigoWave. The User’s rights to use the Service shall be terminated automatically without notice, should the User fail to comply with the terms and conditions provided herein. In this regard, LigoWave shall not bear any responsibility to the User. Upon termination of the Terms and Conditions, the User shall immediately cease all use of the Service and its copies, in whole or in part.

  14. WARRANTY DISCLAIMER AND LIMITATION LIABILITY

    1. LigoWave shall undertake to ensure the quality and proper function of the Service throughout the entirety of its operation.
    2. LigoWave shall ensure that all systems used in the Service adhere to a reasonable expected safety standard as per applicable laws and regulations.
    3. Despite LigoWave’s obligation to ensure the quality, proper function, and safety of the Service, the User shall agree to accept the product as is upon registration and payment for the Service.
    4. Should the User experience bugs, errors, or other discrepancies that prevent the proper performance of the Service, the User must inform LigoWave at [email protected] regarding the issue.
    5. Should the User experience any discrepancies stated above regarding the proper performance of the Service, the User shall not be eligible for compensation of any type and in any form, should they not be a User who pays directly for the use of the Service (hereinafter Paying User) and in the following cases:
      1. should the Service and/or related systems be undergoing scheduled maintenance performed by LigoWave or any of its affiliated technological partners;
      2. should the Service and/or related systems be down due to force majeure;
      3. should the Service and/or related systems contain bugs, errors, or other discrepancies that do not prevent the proper performance of the Service and do not stop the User from using the Service;
      4. should the Service and/or related systems go down due to the fault of the User. In such a case, the User shall be deemed solely liable for any risk and/or losses incurred whether by the User or LigoWave. In the latter case, the User shall also be responsible for covering any and all losses incurred by LigoWave.
    6. Should the User be a Paying User, they are eligible for compensation as follows:
      1. in the case of use of the Infinity Cloud Controller, the Paying User shall be eligible for compensation in the form of an extension of the said Service equal to the number of days during which the Service was not performing properly, granted that the User contacts LigoWave regarding the issues of the Service, LigoWave conducts an investigation to determine the root cause of said issues, and the investigation confirms the legitimacy of the claim to compensation for said issues;
      2. in cases outside of those mentioned above, the Paying User hereby agrees that they shall be eligible for compensation that LigoWave deems acceptable and reasonable at its sole discretion, considering the circumstances and the losses incurred due to the discrepancy.
    7. LigoWave shall exercise a no-refund policy and it shall thus be established that the User shall not have the right to demand a refund, unless agreed upon otherwise under a separate agreement.
    8. To the extent permitted by the applicable law, LigoWave shall make no further warranties, express or implied, with respect to the Service or any other information or documentation provided under the Terms and Conditions, outside of the warranties delineated above.
    9. LigoWave shall not be held responsible for any of the following, should it be caused by the User:
      1. incorrect or inaccurate information;
      2. Service equipment or programming malfunction;
      3. any combination thereof.
    10. LigoWave shall not be held responsible for any damage done to the User’s computer and other personal property due to the use of the Service.
    11. LigoWave shall not be held responsible for any damage, injury, or losses incurred due to force majeure.
    12. Some jurisdictions shall not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages accordingly. Therefore, some of the above disclaimers and limitations of liability may not apply to the User.

  15. INDEMNITY

    1. The User shall agree to defend, indemnify and hold harmless LigoWave, affiliated service providers, syndicators, distributors, licensors, officers, directors and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with the User’s violation of the Terms and Conditions or any applicable law or regulation, or third-party right.

  16. OTHER TERMS

    1. The Law of the Republic of Lithuania and the European Union Law shall apply to the Terms and Conditions.
    2. Any disputes that may occur shall be resolved in accordance with the Law of the Republic of Lithuania and the European Union Law.
    3. All content included in the Service, including, but not limited to, text, graphics, logos, button icons, images, downloads, data compilations, and software, is the property of LigoWave and shall be protected by international copyright laws.
    4. Should any of the terms and conditions provided herein become legally invalid, the validity of other clauses shall not be affected.
    5. Should the User have any inquiries, questions, comments, requests, or complaints regarding LigoWave Services or any of the clauses, policies provided in these Terms and Conditions, they can get in touch with LigoWave at the following addresses:
      For Physical Correspondence:
      150 Veiverių St.
      Kaunas, LT-46391,
      Lithuania
      For Electronic Correspondence:
      [email protected]