Terms of Service

These LMN8 Terms of Service (the "Terms of Service" or "Terms") govern access to and use of the LMN8 ("LMN8," "we," or "us") website, applications, application plug-ins, and other services provided by us (collectively, the "Service"). Website/application visitors are referred to in these Terms as "Site Visitors" who are individuals or entities who use the Service offered by us. Site Visitors may be referred to in these Terms as "you" and "your" as applicable.

The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. The Terms apply to all Site Visitors, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. Please read these Terms carefully and in entirety prior to availing the Service offered by us. If you access and use our website/application, you accept and agree to be bound by and comply with these Terms and the Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our Services.

1. Terms of Usage

1. By using the Service, you as a Site Visitor accept and agree to adhere to and be bound by these Terms (whether on behalf of yourself or a legal entity you represent). You also agree to comply with all applicable laws and regulations, as well as all rules or restrictions that are posted on the Service. If you do not agree to these Terms, you are not authorized and must cease using the Service immediately.
2. You agree to use our Service for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
3. You agree to not use our website/application to conduct any activity that would constitute a civil or criminal offence or violate any law for the time being in force. You agree not to attempt to interfere with our website's network or security features or to gain unauthorized access to our systems.
4. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

2. About LMN8

1. Data-deletion application/website: LMN8 provides a data deletion website/application designed to facilitate the irreversible deletion of data from the device in which the Service is utilized. By using the Application, you acknowledge that deleted data cannot be retrieved through any means.
2. Data-recovery limitations: Site Visitors are advised that the website/application's purpose is to ensure complete erasure of the data from the device in which such website/application is being utilized. However, any data which may be stored in third party servers or cloud storage cannot be deleted and may remain recoverable through specialized data recovery tools, depending on various factors.
3. Modification and Refusal of Service: We reserve the right to refuse service to you or anyone, at any time, for any reason we deem fit. We reserve the right to make any modifications to the website or our Service, including terminating, changing, suspending or discontinuing any aspect of the website/application at any time, without notice.
4. Upgrades or updates in the application/website: To improve and make the Service user friendly, we may require to update and upgrade the application/website from time to time.

3. Eligibility

1. You agree that by using the Service you are at least 18 years of age and you are legally able to enter into a contract.
2. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf.
3. If LMN8 has previously prohibited you from accessing the Service, you are not permitted to access or use the Service.

4. Site Visitor Account

1. When you create an account to use or access certain portions of the Service, you must provide complete and accurate information as requested on the website/application, and you must maintain and update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your password or account.
2. You will promptly notify LMN8 of any suspected violation of these Terms by an authorized user and will cooperate with LMN8 to address the suspected violation.

5. Intellectual Property Rights

1. The Service is owned and operated by LMN8, and contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties.
2. The Service is also protected as a collective work or compilation under copyright and other laws and treaties. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how shall remain the sole and exclusive property of LMN8.
3. The trademarks, logos, taglines, and service marks displayed on the Service are registered and unregistered Trademarks of LMN8 and others.
4. Any software/website/application available for downloading through the Service is the copyrighted work of LMN8. Unauthorized reproduction or distribution of the Software is expressly prohibited by law.
5. Upon your acceptance of these Terms, we grant you a limited, non-exclusive non-sublicensable, and non-assignable license to access and use the Service for your internal purposes and only as expressly permitted in these Terms.

6. Disclaimer and Site Visitor responsibility

1. By utilizing the Service, Site Visitors explicitly recognize and consent that the primary purpose of this Software is to facilitate the irretrievable deletion of data, and users are hereby informed that once data is deleted using this Software, it is beyond recovery through any means. Site Visitors are strongly advised to exercise caution and perform necessary backups prior to deploying the Software.
2. You further acknowledge that we have no obligation to monitor your, or anyone else's, access to or use of the Service for violations of Terms.
3. Site Visitors are solely responsible for understanding the functionality and potential consequences of using the Software.
4. LMN8 and the Software is designed to facilitate secure data deletion and disk management. However, the effectiveness, speed, and outcome of the deletion process depend on multiple factors.
5. The performance of LMN8 is directly impacted by the quality and condition of your hardware.
6. Certain types of data structures, encryption, and fragmentation can significantly extend the time required for complete deletion.
7. LMN8 and the Software interacts directly with storage devices at a low level. If your hardware is faulty, running deletion processes may cause unintended consequences.
8. While LMN8 and the Software employs advanced deletion techniques, we do not guarantee that data removed using the application is irrecoverable in all circumstances.
9. By using LMN8 and the Software, you agree to these Terms and understand that the application is provided as is, without any warranties, express or implied.

7. Limitation of Liability

1. You assume all responsibility and risk with respect to your use of our Service and Software, which is provided 'as is' without warranties, representations or conditions of any kind, either express or implied.
2. We assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials; personal injury or property damage; any unauthorized access; any interruption or cessation of transmission; any bugs, viruses; or any errors or omissions.
3. The use of our Software is at your sole risk and you assume full responsibility for any costs associated with your use of our Services.
4. Total aggregate liability of LMN8 shall be limited to Rs. 1,000/- (Rupees one thousand only).
5. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages.
6. By using LMN8 and the Software, you acknowledge that we are not responsible for any damage, data loss, system failures, or hardware malfunctions that may occur as a result of using the application.

8. Use Restrictions

By using the Service, you specifically agree not to engage in any activity that, in our sole discretion:

1. Is illegal, or violates any applicable, state, or local law or regulation;
2. Tampers the goodwill associated with LMN8;
3. Threatens the unity, integrity, defense, security or sovereignty of the country of use;
4. Advocates illegal activity or discusses illegal activities with the intent to commit them;
5. Violates any third-party right, including right of privacy, publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
6. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence;
7. Interferes with any other party's use and enjoyment of the Service;
8. Attempts to impersonate another person or entity;
9. Is commercial in a way that violates these Terms, including spam, surveys, contests, pyramid schemes;
10. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
11. Accesses or uses the account of another Site Visitor without permission;
12. Distributes computer viruses or other malicious code;
13. Interferes with, disrupts, disables, overburdens, or destroys the functionality of the Service;
14. Accesses without permission our proprietary or confidential records;
15. Improperly solicits personal or sensitive information from other Site Visitors;
16. Uses the Service for benchmarking or to compile information for a competing product;
17. Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Service;
18. Removes, circumvents, disables, damages, or otherwise interferes with security-related features;
19. Uses automated or manual means to violate robot exclusion headers or scrape Site Visitor lists;
20. Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Service;
21. Licenses, sub-licenses, sells, re-sells, rents, leases, transfers, distributes or time-shares the Service;
22. Accesses or uses the Service to build competing products or allow competitor access.

9. Privacy

1. You acknowledge that, except as described in these Terms, the information you provide to us or that we collect will be used and protected as described in the LMN8 Privacy Policy.
2. You acknowledge and agree that we may access, preserve, or share any of your information when we believe in good faith that such sharing is reasonably necessary.

10. Site Visitor Data

You are responsible for the data and information that you or your authorized users input or upload into the Service. You authorize LMN8 to access, process, and use the Site Visitor data as necessary to perform and fulfil its obligations hereunder.

11. Fees

LMN8 reserves the right in the future to require payment of fees for certain or all aspects of the Service, change prices, or institute new charges, upon notice to you, which may be sent by email or posted on the Service.

12. Term and Termination

1. These Terms are effective unless and until terminated by either you or us. LMN8 is also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion.
2. If these Terms expire or are terminated, liabilities that have accrued before termination will survive.
3. All payment obligations on part of the Site Visitor to LMN8 will survive the termination of these Terms.

13. Indemnification

1. You will defend, indemnify, and hold us harmless from any and all third-party claims arising from or related to your access to and use of the Service.
2. We retain the exclusive right to settle, compromise, and pay any claims brought against us.

14. Entire Agreement

The Terms represent the entire agreement between you and us in relation to the subject matter and supersede any prior agreement.

15. Relationship of Parties

At all times, you and LMN8 are independent contractors, and are not the agents or representatives of the other.

16. Electronic Communication

You agree to receive all communications, agreements, and notices that we provide in connection with the Service via electronic means.

17. Assignability

You may not assign your rights or obligations without LMN8's prior written consent. LMN8 may freely assign its rights, duties, and obligations hereunder.

18. Force Majeure

LMN8 will not be held liable by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control.

19. Waiver

The waiver by either you or LMN8 of any breach of any provision of these Terms does not waive any other breach.

20. Severability

If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect.

21. Interpretation

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

22. Dispute Resolution and Governing Law

1. Any dispute arising out of or relating to the provision of this agreement shall be referred to and determined by arbitration. The venue of arbitration shall be in Gurugram, Haryana.
2. These Terms shall be subject to and governed by Indian law and all disputes shall be subject to the exclusive jurisdiction of courts situated in Kolkata, West Bengal.

23. Queries and Concerns

If you have any questions or concerns about the Service or these Terms, please contact us at care@lmn8.app.