Luxeva User Agreement is a mutual legal agreement. “User” means the person or organization that registers, logs in, uses and researches Luxeva products and services. These terms and conditions relate to your use of Luxeva products and services. Luxeva asks you to carefully read and fully understand all of the terms of this agreement, including (but not limited to) the release or limitation of liability, jurisdiction, applicable laws, your rights, and any other conditions that may materially affect your interests.
- Validness of This Contract
1.1. You understand and agree that by completing the registration of your User Account, you will be deemed to have read and accepted the following terms and conditions.
1.2. Under the laws and regulations of your country of residence, if you are not legally competent or not fully authorized, you must obtain the written consent of your parents or legal guardian before using any Luxeva product or service. Otherwise, Luxeva will not be responsible for any adverse consequences resulting from your subsequent registration and use of Luxeva products and services. In this case, Luxeva will have the right to terminate this contract and any other service agreements among you, unless the contract is approved by the authorized person.
- User Account and Password
2.1. You do not need to create a user account when visiting Luxeva’s website and web stores. However, you may need to register for a user account of the website, webshops and Luxeva app, for certain features and related services. Your user account includes the account name and password. You can login using the username and password you specified. When using the account, we can take various verification measures to protect your account security, depending on different devices and your usage habits.
2.2. You understand and agree that you assume full responsibility for the authenticity, legality and validity of the Registration Information. You may not impersonate any person or post any information on behalf of others. Please do not maliciously use a registered account for Luxeva or other users. In the event of a breach, we reserve the right to immediately suspend this service for you, and you are solely responsible for any legal liability resulting therefrom.
2.3. Luxeva clearly reminds you to keep your username and password safe. After completing your account, you must log out safely. You are solely responsible for any hacking or password theft resulting from your misuse. If your account information is lost and you need to obtain account information, provide the appropriate information specified in the account retrieve request and make sure that this information is correct and valid. If the information provided does not meet the requirements or does not pass Luxeva’s security review, Luxeva reserves the right to refuse to provide account retrieval services.
2.4. You agree to contact Luxeva directly at www.luxeva.com.tr if you discover that your account or password is being used by others illegally or in an unusual way.
Telephone number: +90 2124710203,
In this case, to request account suspension, you must report the relevant situation and provide all relevant evidence that proves that you own the account in question. After removing the relevant security risks, you can request to reactivate this account. You agree that Luxeva will not be liable for any direct or indirect losses you incur as a result of the above.
2.5. To register and use the network, you must provide your own mobile phone or other necessary communication devices. You should be very careful with your user account and password. When you log in with the correct user account and password, the person using the account will be deemed you and any action taken will be attributed to you. You are responsible for all actions taken by an account that logs in with the correct password or otherwise complies with our authentication procedures.
2.6. Luxeva employees (Luxeva website and forum administrators, customer service representatives, etc.) will not request information from you in your user account. Luxeva employees will never ask for your account password.
- Protection of Users’ Personal Data
- Luxeva Products, Services and Fees
4.1. Luxeva’s products and services include but not limited to, products offered to you by Luxeva, websites, web stores, online apps, etc.
4.2. Luxeva products and services may not be exported or re-exported to embargoed countries or to persons on a specially designated list of citizens or those on the denied or rejected organization list. By using Luxeva products and services, you represent and warrant that you are not located in any of these countries.
- Intellectual Property
5.1. Unless otherwise expressly stated, the content of the products and services provided under this Agreement (web pages, texts, pictures, audio, video, graphics, etc.), the software used in the provision of products and services, the trademarks and other commercial logos used in the products and services, and their copyrights, patents, trademarks or other related intellectual property rights and interests are owned or licensed by Luxeva.
5.2. The intellectual property rights of the above and other Luxeva products and services are protected by law. No one may use or create derivative works without the prior written consent of Luxeva or the respective rights holders.
- Software Based Services / End User License
6.1. You may need to download software while using Luxeva products and services. An overview of functions and system requirements can be found in the description on the relevant online platform where the software is offered.
6.2. For software, Luxeva grants you a non-exclusive, non-transferable, time-limited right to run the software in accordance with system requirements on a device you own or control. The right to use does not include provision of software over a network for simultaneous use on multiple devices.
6.3. You may not distribute the software to any third party or otherwise transfer it (including rent, lease, loan or sub-license).
6.4. You may not modify, reverse engineer, decompile, disassemble or otherwise discover the source code of the Software or any part thereof, or create derivative works based on the Software. Mandatory, non-negotiable provisions of copyright remain unaffected.
6.5. You may use the software solely to access or use Luxeva products and services.
6.6. The above provisions will also apply to all updates / upgrades and program additions to the software provided to you by Luxeva, unless subject to a separate agreement.
- Products or Services Provided by Third Parties
Please note that Luxeva products or services may access the products or services of third parties. In this case, in addition to your compliance with the terms of this agreement, you must also comply with that of third party’s product or service agreement. Luxeva and third parties are separately responsible for any dispute that may arise under laws and agreements.
8 .Change, Suspension, Termination of the Service
8.1. Luxeva may make changes to products and services, block or terminate services.
8.2. You understand and agree that Luxeva has the right to determine its own business strategy. In the event of a merger, division, acquisition or transfer of assets, Luxeva may transfer the related assets to a third party as part of this service; If Luxeva is involved in the merger, acquisition or sale of any or all of its assets, it will explicitly provide you with any changes in ownership and use of your personal data and the decisions you may make regarding your personal data. Give your data and get your prior consent. We also demand that new companies and / or organizations that have your personal information adhere to this policy with contracts etc. Otherwise, we will also require the company and / or organization to obtain your express consent.
8.3. Luxeva reserves the right to suspend or terminate service provision if any of the following situations arise:
– Continuing to violate applicable laws and regulations or this contract despite your prior warning.
– Failure to comply with the legal or mandatory requirements of the competent authorities.
8.4. You should back up the data you store in Luxeva products and services yourself. If your service is terminated, Luxeva will notify you via system notification or e-mail at least 90 days prior to the termination of the service. Upon termination of the service, Luxeva may permanently delete your data from the server, unless otherwise provided by laws and regulations. Upon termination of the service, Luxeva is not obliged to return the data to you.
- High Intensity / Cooperation Supports
9.1. You understand and agree that Luxeva products and services are provided in accordance with the latest technology in current technologies and conditions. Luxeva will do its best to provide you with services that ensure the continuity and security of services. However, what Luxeva could never foresee and prevent is viruses, hackers, system instability, third-party service flaws, government measures, etc. due to legal, technical and other risks, suspension of the service may result in data loss and other losses. Luxeva will not be responsible for these situations. To the extent permitted by applicable law, Luxeva is not responsible for any suspension or blocking of services caused by:
– Damage under the influence of computer viruses, trojans or other malicious programs, hacker attacks;
– abuseful transactions on your part;
– Natural disasters such as floods, earthquakes, epidemics and storms, and social events such as strikes, wars, riots and government actions;
– Using Luxeva products, services or websites in a manner not authorized by Luxeva;
– Other situations that Luxeva cannot control or predict.
9.2. When using Luxeva products and services, you must comply with the due diligence obligation for their use. In particular, when using our software, please check the software-generated results to the appropriate extent before using them.
Back up your data regularly to ensure that it can be restored if it is lost.
- Warranty / Liability
10.1. The following provision does not change the burden of proof against the user.
10.2. Unless otherwise specified in these general terms and conditions, claims by the customer for compensation are excluded, regardless of legal basis, in particular for breach of contractual obligations and tort.
10.3. This situation will not apply in cases where the responsibility is assumed as follows:
(a) Pursuant to the Product Liability Act,
(b) In case of misuse,
(c) In the case of gross negligence of owners, legal representatives or directors,
(d) In the event of intent to fraudulent,
(e) Failure to comply with a default warranty,
(f) Due to injury to life, any limb or health,
(g) Due to the culpable breach of essential contractual obligations.
Obligations arising from the material contract are obligations that maintain the customer’s contractual legal positions according to the content and purpose of the contract. Material contractual obligations are also those that must be fulfilled for the proper execution of the contract and which the customer can rely on on a regular basis. However, the claim for damages for the breach of essential contractual obligations is limited to a normal contractual damage, except in the cases mentioned above.
10.4. Luxeva will only be liable for material defects and property defects of the software provided free of charge, regardless of legal reason, in the event of fraudulent concealment of the material defect or property defect. Otherwise, Luxeva will only be liable for compensation for damages incurred by providing the software free of charge in the event of malicious intent or gross negligence. Claims under the Product Liability Act remain unaffected.
10.5. To the extent our liability for damages is excluded or limited, it will also apply to personal damages of our employees, workers, staff, representatives and agent representatives.
10.6. In the above sense, the term “claims” also includes claims for reimbursement of futile expenses.
10.7. If you do not see the product during use and you control the product without seeing the product through the application, you accept that you have all the responsibility.
You may not transfer or otherwise exercise this agreement and any right or obligation herein without Luxeva’s prior written consent. This agreement is transferable by Luxeva without limitation. This contract will be binding on any authorized agent.
- Notification and Delivery
All communications under this agreement can be done through important page announcements, e-mails or periodic mails, etc. Such communications will be deemed delivered on the date of dispatch.
- Other Provisions
13.1. The law of the Federal Republic of Germany will apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods in the following cases:
– Your habitual residence is in Germany,
– Your habitual residence is in a non-European Union state.
If you have habitual residence in a member state of the European Union, the applicability of German law will also apply, as the mandatory provisions of the state in which you habitually reside remain unaffected.
13.2. If you were a resident or habitually resident in Germany at the time the contract was signed and moved outside of Germany at the time we initiated the case, or if your place of residence or habitual residence is unknown at the time, the place of jurisdiction for all disputes is our Company’s registered office in Berlin.
13.3. We draw your attention to the fact that, in addition to the usual legal proceedings, you also have the option to resolve disputes out of court under Regulation (EU) No 524/2013. Details can be found in Regulation (EU) No 524/2013 and “http://ec.europa.eu/ users / odr” website. We do not have to participate in an online dispute resolution procedure before a consumer arbitration board.
13.4. In the event that individual provisions of this contract are invalid, the rest of the contract will not be affected.