1. Definitions and Applicability
The "Agreement" refers to these Terms of Service (the "Terms"), our Privacy Policy, and all other operating rules, policies, and procedures that we may publish periodically on the Website.
"Lyoko Studio," "we," and "us" refer to Lyoko Studio. Our registered offices are at 128 City Road, London, United Kingdom, EC1V 2NX and CB#211 Street 8 Raaj Street New Afshan Colony Range Road Rawalpindi, Pakistan. We offer this website, including all information, tools, products and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
If you have any problems placing your order or require support, please contact us by calling us on +923180452302 or +44 7453 411849, or send us an email at contact@lyoko.studio.
The "Service" refers to the Website and online products provided by Lyoko Studio.
The "Website" refers to Lyoko Studio's website located at lyoko.studio, all subdomains of lyoko.studio, and all content, services, and products provided by Lyoko Studio at or through lyoko.studio and its subdomains.
"User," "you," and "your" refer to the individual person, company, or organization that has visited or is using the Website or Service. In consideration of your use of our website and services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving products and services under the laws of Pakistan or other applicable jurisdiction.
"Authorized Users" refer to Users and the Lyoko Studio personnel that Users authorize to access our Service.
A "Subscription" is an online order for the Service completed and submitted by you through this Website and accepted by Lyoko Studio.
2. Description
Lyoko Studio's mission is to transform software development by analyzing data across the stack to quantify the craft of development. Features and functionality are as described on our Website on the Subscription Date, as such features and functionality may change periodically. We operate our Service on our providers' hosting servers to enable Authorized Users to access and use our Service via the web.
3. Account Terms
3.1 Access to Services
Lyoko Studio distributes the Service online. You are solely responsible for providing, installing, and maintaining at your own expense all equipment, facilities, and services necessary to enable Authorized Users' access and use of the Service through the interface, including all computer hardware, software, and Internet access.
3.2 User Account Security
You are solely responsible for tracking and ensuring the security and confidentiality of all user identifiers and passwords. Lyoko Studio has implemented commercially reasonable, industry-standard security measures to protect your data.
4. Acceptable Use
4.1 Compliance with Laws and Regulations
You will use commercially reasonable efforts to ensure that all access to and use of the Service will conform to this Agreement and will be made and used solely for proper and legal purposes.
4.2 Prohibited Uses
You are prohibited from using this website or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state laws, regulations and rules;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or interfere with or circumvent the security features of our service, any related website, other websites, or the internet;
- to collect or track the personal information of others or spam, phish, pharm, pretext, spider, crawl, or scrape; or
- for any obscene or immoral purpose.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
5. Service Period
This Agreement commences on the Subscription Date and continues for the specified period. For Paying Plans, the Agreement automatically renews unless terminated. Free Plans are month-to-month with immediate termination rights.
6. Payment
Pricing is based on the Website pricing as of the Subscription Date. Prices may increase annually to adjust for inflation.
You authorize Lyoko Studio to charge your payment method for services used during the Service Period.
All prepayments are non-refundable. Late payments will incur interest at 1.5% per month.
Pricing changes will be notified in advance. You may terminate if you do not agree to new pricing.
7. Cancellation and Termination
7.1 Account Cancellation
It is your responsibility to properly cancel your account with Lyoko Studio. You can cancel your account at any time by going into your account settings.
7.2 Upon Cancellation
Any and all rights granted to you with respect to the Service and Technology will terminate on the effective date of termination. You agree to return to Lyoko Studio any and all Confidential Information in your possession or control. Lyoko Studio will have no obligation to provide the Service after the effective date of termination. You will pay any amounts payable for your use of the Service through the effective date of termination.
7.3 Lyoko Studio May Terminate
We may immediately change or terminate your access to our products, services and this website, or any online membership(s) with us, with or without notice, at any time, without liability to you, any other user or any third party. We reserve the right to terminate your access if, without limitation, you have: (1) provided us with false or misleading registration information; (2) interfered with other users or the administration of our services or websites; (3) upon a request by law enforcement or other governmental authorities; or (4) otherwise violated these Terms and Conditions.
8. Service Commitment and Support
Excluding scheduled maintenance windows, Lyoko Studio will use commercially reasonable efforts to maintain 99.8% availability of the hosted portion of the Service for each month during the term of this Agreement.
If you are under a Paying Plan, Lyoko Studio will provide in-product and email support ("Support"). While no response times are guaranteed, we will use commercially reasonable efforts to respond to support requests within 48 hours.
Subject to this Agreement, Lyoko Studio grants you a nonexclusive, nontransferable, limited right to enable Authorized Users to access and use the Service through the interface and the Website for your internal, business use.
9. Agents; Third-Party Content
Lyoko Studio will make various application program interfaces (APIs), agents, libraries, and other materials available at the Website or through the Service at its discretion ("Agents"). You acknowledge that:
- The Agents may only be used on systems owned, leased, or primarily operated by you
- The Agents are made available solely to support access and use of the Service
- Certain Agents may include third-party content subject to open source license terms
10. Nonuse and Nondisclosure of Confidential Information
10.1 Confidentiality
"Confidential Information" means any information that is proprietary or confidential to the Discloser or that the Discloser is obligated to keep confidential. This excludes information that:
- Was known to the Recipient prior to this Agreement
- Is independently developed by the Recipient
- Is acquired from another source without restriction
- Is or becomes part of the public domain through no fault of the Recipient
10.2 Pre-Release Program
You agree not to disclose any Confidential Information to anyone other than employees of Lyoko Studio or members of the pre-release program, unless expressly permitted in writing by Lyoko Studio.
11. Customer Data
11.1 Ownership of Data
You retain ownership, right, and responsibility to all content that you and/or any Authorized User run on or through the Service ("Customer Data"), subject only to the limited rights expressly granted in this Agreement.
11.2 License Grant to Lyoko Studio
You grant Lyoko Studio a worldwide, non-exclusive, royalty-free license during the Service Period to use, reproduce, electronically distribute, transmit, perform, display, store, and archive Customer Data for the purpose of providing and supporting the Service.
12. Intellectual Property
This website and its related software and content (including images and designs) are the intellectual property of and is exclusively owned by Lyoko Studio. The structure, organization, and code of the website and its related software contain valuable trade secrets and confidential information of Lyoko Studio. Except as expressly stated herein, these terms and conditions do not grant you any intellectual property rights whatsoever in the website and its related software and all rights are reserved by Lyoko Studio.
13. Disclaimer and Limitations of Liability
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
You understand and agree that Lyoko Studio will not be liable to you or any third party for any damage, injury, or loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from:
- The use, disclosure, or display of your Customer Data
- Your use or inability to use the Service
- Any modification, price change, suspension, interruption, cessation of transmission, or discontinuance of the Service
- The Service generally or the software or systems that make the Service available
- Unauthorized access to or alterations of your transmissions or data
- Statements or conduct of any third party on the Service
- Any other user interactions that you input or receive through your use of the Service
- Hacking, tampering, or other unauthorized access or use of the Service or your account(s) or the information contained therein
- Errors, mistakes, or inaccuracies of data
- Personal injury or property damage, of any nature whatsoever, resulting from your and authorized users' access to and use of the Service or support
- Any other matter relating to the Service
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy described in this Agreement is found to have failed of its essential purpose. Lyoko Studio will have no liability for any failure or delay due to matters beyond its reasonable control.
14. Representations and Indemnity
You hereby represent, warrant, and covenant that:
- You or your licensors own all right, title, and interest in and to Customer Data
- You have all rights to Customer Data necessary to grant the rights contemplated by this Agreement
- You have obtained any necessary third-party approvals, including without limitations applicable vendors and licensors, in relation to third-party content to be used by you in connection with the Service or will obtain such approvals prior to such use
Lyoko Studio hereby represents, warrants, and covenants to you that:
- The Service and Technology as delivered to you and used in accordance with this Agreement will not infringe on any intellectual property right or other right of any other person or entity
- Lyoko Studio has all rights in the Service and Technology necessary to grant the rights contemplated by this Agreement
You agree to indemnify us, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Miscellaneous
15.1 Non-Assignability
Lyoko Studio may assign or delegate these Terms of Service and/or the Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not delegate, assign, or transfer this Agreement or any of its rights and obligations under this Agreement, and any attempt to do so will be void.
15.2 Governing Law
Our Terms and Conditions are governed by the laws of the Islamic Republic of Pakistan and you agree that the courts of Rawalpindi (including any consumer court) will have exclusive jurisdiction in any dispute that you have with us.
15.3 Severability and Waiver
If any portion of these terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can't be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us.
15.4 Complete Agreement
These Terms of Service, together with the Privacy Policy, represent the complete agreement between you and Lyoko Studio and supersede all prior agreements and communications.
