Skip to main content
Sign in

Search

Welcome to Lunit Support

Search for answers to your questions by entering keywords below, or look through our knowledge base.

Term of Use

Lunit CSM
  • Updated

TERMS OF USE

Lunit Inc.

Last Revised: 30 April, 2021

 

Welcome to Lunit Inc. (“Lunit”)’s Lunit Support website located at support@lunit.io(the “Website”). These Terms of Use (“Terms of Use”) govern your use of our Website offered by Lunit Inc. and its subsidiaries (collectively “Lunit Group,” “we,” “us,” or “our”).

BY USING THE WEBSITE, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE, INCLUDING ALL POLICIES REFERRED HEREIN, INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY, AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF THE WEBSITE.

For purposes of these Terms of Use, “you” and “your” means you as the user of the Website. If you use the Website on behalf of a company, organization, association, partnership, network, including without limitation provider network, or any other entity other than an individual, or you use the Website on behalf of another individuals, then (a) “you” includes you and that entity or that other individual, as applicable, and (b) you represent and warrant that you are an authorized and/or representative of the entity or individual with the authority to bind the entity or that other individual, as applicable, to these Terms of Use, and that you agree to these Terms of Use on the entity’s or individual’s behalf, and (c) the entity or the other individual, as and if applicable, is legally and financially responsible for your use of the Website, and in the case of entities as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

Please review the following carefully so that you understand the terms and conditions of these Terms of Use. These Terms of Use describe your responsibilities, Lunit’s liability and the liability of third parties related to the Website. All users of the Website must accept and comply with the terms and conditions set forth herein. Because our Website is evolving over time, we may change or discontinue all or any part of the Website, or feature of the Website at any time, including but not limited to, content, availability, and equipment needed for access or use. These Terms of Use do not apply to your access to and use of the products and services which we market for subscription on our Website. Such services relating to Lunit’s products will be subject to the applicable supply and support agreement between you and the supplier of Lunit’s products (“Service Agreement”); any support and maintenance services will be governed by those terms and conditions of the Service Agreement. In the event of any conflict between any such conditions and any terms of this Terms of Use and the Service Agreement, the terms of the Service Agreement will prevail with regard to the subject matter thereof.

Our privacy practices in operating the Website are described in our Privacy Policy located at https://www.lunit.io/en/doc/privacy-policy (“Privacy Policy”). Please review the Privacy Policy to learn about:

  • what information we may collect about you;
  • what we use that information for;
  • what third-party information, if any, you are agreeing to share by using the Website; and
  • with whom we share that information.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS SUBJECT TO OUR PRIVACY POLICY.

 

These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Website. By using THE WEBSITE, you agree to THESE PROVISIONS.

 

I. ELIGIBILITY; ACCOUNT REGISTRATION

    1. To register and create an account (a “User Account”) for Lunit Support to use the Website, you must be at least 18 years of age and capable of forming a binding contract with Lunit and are not barred from using the Website under applicable laws.
      You may create a User Account by completing the registration process set forth on the Website. You are responsible for providing and maintaining your accurate contact information, which may include contact information and other account information. If you do not, we might have to suspend or terminate your User Account. Email correspondence with Lunit may be recorded or monitored.
    2. You (and your authorized staff, if any) are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you for accessing the Website. You are solely and fully responsible for all activities that occur under your password or account, whether or not you know about them. We have no control over the use of your or any User Account and expressly disclaims any liability derived therefrom. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Website and all charges related to the same.

II. TERMS APPLICABLE TO THE SERVICES AND CONTENT

    1. Ownership. For purposes of these Terms of Use: (a) “Content” means text, graphics, images, photographs, trademarks, logos, user interfaces, sounds, music, software, video, computer codes, works of authorship of any kind, and information, data or other materials; (b) “User Content” means any Content that you provide, post, upload, submit or otherwise make available to us for the purposes of using the Website; and (c) “Lunit Content” means all Content provided to you and/or generated by your use of the Website and any and all other Content made available through and/or the Website.

      We do not claim any ownership rights in any User Content, and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Lunit and its licensors exclusively own all right, title and interest in and to the Website and Lunit Content, including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto, and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Lunit’s and its licensors’ patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use or by your use of the Website.

      You acknowledge and agree that the Website and Lunit Content are protected by intellectual property, copyright, trademark, and other laws of applicable countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Lunit Content.

    2. Rights in User Content Granted by You
      As a condition of your use of the Website, you hereby grant to Lunit a non-exclusive, transferable, irrevocable, sublicensable, worldwide, perpetual (or for the whole duration of protection of intellectual property rights on the Feedback and Revision), royalty-free, fully paid license under your User Content to (i) access, use, transmit, copy, modify, analyze, process, adapt, create derivative works based upon, publicly display and distribute your User Content, and (ii) use, reproduce, store, modify, transmit, display, distribute, adapt, process and analyze your User Content solely to conduct maintenance and support service relating to Lunit’s products in accordance with the Service Agreement and to develop and improve Lunit’s services.

      You are solely responsible for all your User Content. By posting, uploading, providing, submitting or otherwise making available your User Content through the Website, including any publicly accessible blog, comments or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to your User Content, including without limitation, all copyrights or you have all rights that are necessary to grant us the license rights in your User Content under these Terms of Use; (b) that User Content is accurate; and (c) that neither your User Content, nor your use and provision of your User Content to be made available through the Website, nor any use of your User Content by us on or through the Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We take no responsibility and assume no liability for any content or materials posted, uploaded, provided, submitted or otherwise made available through the Website, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE OR SERVICES, INCLUDING IN THE FORUMS.

      You agree not to represent or suggest, directly or indirectly, Lunit Group’s endorsement of User Content.

    3. Rights in Content Granted by Lunit
      Subject to your compliance with these Terms of Use, Lunit hereby grants to you, a personal, worldwide, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access, download, view, copy, display and print the Lunit Content solely in connection with your permitted use of Lunit’s products in accordance with the Service Agreement (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely on computers and devices that you own or control, and subject to the limitations set forth below. These Terms of Use are limited to the intellectual property rights of Lunit Group and licensors and do not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Lunit Content comprise a limited license and do not constitute the sale of any documentation nor service.
    4. Use Restrictions.
        • You agree to the following:
          • you will not use the Website if you are not fully able and legally competent to agree to these Terms of Use;
          • you will only use the Website for lawful purposes;
          • you will not use the Website for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct;
          • you will not use the Website to advertise, solicit or transmit commercial advertisements, including “spam” or “junk mail”;
          • you will not use the Website to cause nuisance, annoyance or inconvenience;
          • you will not impair the proper operation of the network;
          • you will not try to harm the Website in any way whatsoever;
          • you will not reproduce, duplicate, sell, resell, distribute or exploit for any commercial purpose, any portion of the Website or Lunit Content without permission from the Lunit;
          • you will not impersonate any person or entity, including but not limited to, Lunit Group or any Lunit Group employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
          • you will not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party;
          • you will keep secure and confidential your account password or any identification we provide you which allows access to the Website; and
          • you will provide us with whatever proof of identity we may reasonably request.
        • You agree to protect the Website, and their proprietary content, information and other materials, including but not limited to Lunit Content, from any unauthorized access or use, and you agree that you will not use the Website or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Lunit. Except as specifically permitted herein or expressly authorized in writing by Lunit, you agree that you will not directly or indirectly:
          • distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Website in any unauthorized manner, including but not limited to by trespass or burdening network capacity;
          • copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify Lunit Content, any updates, or any part thereof in any form or manner or by any means;
          • harvest or scrape any content or data from the Website, or
          • permit any third party to engage in any of the acts described above.
        • You further understand and agree that you are not permitted to:
          • remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Website and Lunit Content;
          • decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law);
          • use any means to discover the source code of any portion of the Website; or
          • otherwise circumvent any functionality that controls access to or otherwise protects the Website or Lunit Content.

Any attempt to do any of the foregoing is a violation of the rights of Lunit and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Website or Lunit Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Lunit is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Website or Lunit Content.

Although we are not obligated to monitor access to or use of the Website or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Website, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In any case, such investigations and monitoring will be made in accordance with applicable data protection principles and in particular with those defined under the Privacy Policy.

 

III. THIRD PARTY SERVICES AND MATERIALS

Certain part of the Website or services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Website, you acknowledge and agree that Lunit is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Lunit does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Website are not available in all languages or in all countries. Lunit makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

 

IV. Disclaimer of Warranties & Limitation of Liability.

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND CONTENT ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LUNIT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE OR CONTENT (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. LUNIT DOES NOT WARRANT THAT (I) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE WEBSITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE WEBSITE OR CONTENT WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY LUNIT OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LUNIT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL LUNIT BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE OR CONTENT OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF LUNIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY OR USE OF THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. LUNIT’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO LUNIT FOR USE OF THE SERVICES IN ACCORDANCE WITH THE SERVICE AGREEMENT OR CONTENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  3. You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that Lunit would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Lunit to grant you the rights set forth in these Terms of Use.
  4. By entering into these Terms of Use and using the Website or Content, you agree that you shall defend, indemnify and hold Lunit Group, its licensors and their respective officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any access to or use of the Website or Lunit Content; (d) your negligence or willful misconduct; or (e) your User Content. The Lunit Group reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by the Lunit Group.

 

V. ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

  1. Informal Process First. You agree that in the event of any dispute between you and Lunit, you will first contact Lunit and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
  2. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Lunit’s services and/or products, including the Website, or relating in any way to the communications between you and Lunit or any other user of the Website, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Lunit. However, this arbitration agreement does not (a) govern any Claim by Lunit for infringement of its intellectual property or access to the Website that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

    Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, the arbitrator can award the same damages and relief that a court can award. You agree that the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) governs the interpretation and enforcement of this provision, and that you and Lunit are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms of Use.

    If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Lunit Inc., 15th floor, 27 Teheran-ro 2-gil, Gangnam-gu, Seoul, South Korea. The arbitration will be administered by the Singapore International Arbitration Centre (SIAC) under its rules. The SIAC Rules are available at https://www.siac.org.sg/our-rules.

    The number of arbitrators will be one appointed in accordance with the SIAC Rules. The arbitration will be conducted in the English language. The seat of arbitration shall be Singapore. Laws of Singapore will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

    Class Action Waiver

    Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

    If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Lunit each waive any right to a jury trial.

VI. GENERAL PROVISIONS

  1. Modifications. We may modify these Terms of Use at any time. Modifications become effective immediately upon your first access to or use of the Website after the “Last Revised” date at the top of these Terms of Use. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Website after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Website.
  2. Termination. You may cancel your User Account at any time by sending an email to us at service@lunit.io. If you breach any of the terms of these Terms of Use, all licenses granted by Lunit, including permission to use the Website and Lunit Content, will terminate automatically. Additionally, Lunit may suspend, disable, or delete your User Account and/or the Website (or any part of the foregoing) with or without notice, for any or no reason. If Lunit deletes your User Account for any suspected breach of these Terms of Use by you, you are prohibited from re-registering for the Website under a different name. In the event of User Account deletion for any reason, Lunit will delete all or your User Content, other than any User Content that it must retain pursuant to applicable law. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Lunit or you. Termination will not limit any of Lunit’s other rights or remedies at law or in equity.
  3. Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to Lunit for which monetary damages would not be an adequate remedy and Lunit shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
  4. Miscellaneous. These Terms of Use may not be modified except by a writing executed by the duly-authorized representatives of Lunit. No other act, document, usage or custom will be deemed to modify or amend these Terms of Use. These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by Lunit but may not be assigned by you without the prior express written consent of Lunit. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. You and Lunit agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. The SIAC’s rules and the laws of Singapore, excluding its conflicts of law rules, govern these Terms of Use and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.

    Any notices or other communications provided by Lunit under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) via email; or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

    These Terms of Use sets forth the entire and exclusive understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.