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User agreement

Effective as of: May 1, 2024

Most recent update: May 1, 2024

 

There are no previous versions of the User Agreement.

 

Please read this User Agreement (the Agreement) carefully.

 

This Agreement sets forth a legal agreement between you (you or your) and Lamp Account UAB and its affiliates (collectively, Lamp, we, or us). It applies to all the products and services offered by Lamp including on our website (the Website) and mobile and web applications (the App) and/or technology platform (collectively, the Services) to users.

 

Lamp offers you a digital account on your mobile phone, tablet and computer, including payment features that can be used on the iOS and Android operating systems. Lamp provides a mobile App that allows cashless payments to merchants who have installed the Lamp Merchant App. The Apps can be used to make payments between Lamp users, to merchants and to make transfers to third parties via the financial system. Lamp users can also exchange currencies via the Apps, including by sending to users in foreign countries. 

 

When you sign up for an account with Lamp, we may collect, use and provide your personal information to [ ], [ ], [ ] or other partner companies (collectively, Lamp’s Partners) to facilitate the provision of banking services. See the Privacy Policy for more details.

 

This Agreement applies when you access, interact with, sign up for or use any of the Services and is binding as of the first date you access, use, interact with or sign up for any Services. Other aspects of the Services may be covered by other terms, conditions and agreements with Lamp or third parties.

 

There is a separate agreement for merchants, who may take payment from users of the Lamp App. This requires you to download the Lamp Merchant App. See our Merchant Terms on our Website for details. 

 

THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION. 

Acceptance of Agreement

1.0  By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of conditions set forth in this Agreement. If you do not agree with these terms and conditions, you may not access or use the Services.

Privacy Policy

2.0  Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. By accessing or using the Services you agree to Lamp’s Privacy Policy.

Use of the Services

3.0  You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise the following:

 

  • Lamp’s Services;

  • services offered by our Partners, including our merchant partners;

  • any other party’s use and enjoyment of the Services; or

  • the services and products of any third parties including, without limitation, any device through which you access the App (the Access Device).

 

3.1  You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the App, including, without limitation, any usage rules set forth in an online application store terms of service. 

4.0  From time to time, Lamp may automatically check the version of the App installed on the Access Device and, if applicable, provide updates for the Lamp App (the Updates). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Lamp App. By installing the App, you authorise the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the App and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). Lamp reserves the right to temporarily disable or permanently discontinue any and all functionality of the App at any time without notice and with no liability to you.

Eligibility

5.0  You must be at least eighteen (18) years old to use the Services. By agreeing to this Agreement you represent and warrant the following to us:

 

  • that you are at least eighteen (18) years old;

  • that you have not previously been suspended, removed or deactivated from the Services;

  • that you are a legal resident of the country from which you sign up for the Services;

  • that by using Lamp and the Services you do not contravene any law or regulation in your country of residence; and

  • that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

Accounts

6.0  Account Creation. In order to use the Services, you must create an account (the Account) with Lamp. You agree that the information you provide to Lamp on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times.  We may also request that you only login to your Account by scanning your face. You also agree you will be solely responsible for any activities or actions taken by your Account, whether or not authorised by you.  Please notify us immediately of any unauthorised use of your Account.  We are not liable for any loss or damage from your failure to comply with these requirements.

 

6.1. Identity Verification. You hereby authorise Lamp, directly or through third parties, including our Partners, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, telephone number or financial information, and verifying your information against third party databases or through other sources.

 

6.2. Limitations on Accounts. You may not create more than one (1) Lamp Account. Each unique mobile device may not be associated with more than Account. Users who attempt to associate additional mobile devices with a single Lamp Account will be deemed to have violated this Agreement to the extent they are deemed by Lamp to have abused the Services, and may be subject to Account suspension or closure.

Updates to the App

Proper authorisation

7.0  When you wish to make a transaction with your Account, we will seek to ensure that it is you who request the transaction, in order to keep you and us safe. We may ask you to confirm the transaction, including by electronic means. This may include requesting you to scan your face on your phone. When you make a transfer using bank transfer services, including the SEPA and Swift systems, you will specifically be authorising us to debt money from your account and to send it to a bank account as you direct. You do this by agreeing to the following form of words: “I authorise Lamp to debit my account.” You are solely responsible for all authorisations made using your mobile phone, tablet, computer and your Lamp Account.

Text messages

8.0  You agree to receive autodialled and pre-recorded, non-marketing, service-related text messages from or on behalf of Lamp at the phone number provided. Lamp will send you news and updates, including recommendations to help make the most of your Lamp account(s) and access select Lamp features. Message frequency varies. This may include promotional or reward offers from our merchant partners.

 

8.1. You also agree to receive autodialled and pre-recorded text messages from or on behalf of Lamp at the number provided for marketing or promotional purposes. Message frequency varies. This may include promotional or reward offers from our merchant partners.

 

8.2. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from Lamp. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us.

 

8.3. If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at support@lampaccount.com. Standard message and data rates may apply to both non-marketing and marketing-related messages. Carriers are not liable for delayed or undelivered messages.

Push Notifications

9.0  You agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services, including receiving rewards from our merchant partners

Third Party Websites

10.0  The Services, including our websites, may contain links to third-party websites, including merchant partners. The linked sites are not under our control, and we do not endorse and are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites, including websites related to our merchant partners.

Duty of care and other obligations

11.0  When using the App, the following duties of care must be observed by you:

 

  • You must protect your mobile phone, tablet and computer against unauthorised use or manipulation (e.g. by locking the device and using a strong password or passcode).

  • The selected code may not be made up of easily ascertainable combinations (mobile number, date of birth, etc.).

  • Should damages be suffered, you must, to the best of your knowledge, contribute to clarifying the case in question and mitigating the damage. In the event of criminal acts, you must file a complaint to the police.

  • If your mobile phone, tablet or computer is lost, and especially in the case of theft, you must inform Lamp promptly so that the App can be blocked.

  • The deactivation of the phone’s security structures for the installation of applications that are not officially available and the setting up of root access (establishment of access at the system level of the phone) are forbidden, as is the installation of apps not available in official app stores or via Lamp, as these make the phone more prone to viruses and malware.

  • Prior to each payment, you must check the payee details in order to prevent incorrect transactions. Remember, if there is a payment error or other dispute, it is between you and your merchant.

  • In no circumstances whatsoever can payments or transfers be reversed and, accordingly, no complaints can be accepted.

  • You must not break off contact with Lamp. Should you break off contact, Lamp can pass on the costs that arise for making inquiries into finding your new address as well as for the special handling and monitoring of dormant assets to you.

 

11.1. You are responsible for the use of your mobile phone, tablet and computer and shall bear all consequences arising from the use of the App on your mobile phone, tablet and computer. Unauthorised actions undertaken with the App on a customer’s mobile phone, tablet and computer by a third party shall be attributed to you.

Private use and misuse

12.0  The App may not be used for commercial purposes; in particular, the use of the App for receiving payments arising from the processing of commercial sales or the provision of services is not permitted. Those who wish to receive commercial payments may sign up for the Lamp Merchant App.

 

12.1. If the use of the App deviates significantly from normal usage patterns or if there is any indication of behaviour that is illegal or in breach of the agreement, Lamp may terminate the agreement without notice and with no compensation and, where necessary, demand compensation for damages and indemnification against third-party claims. The same shall apply in instances in which you provide incorrect or incomplete details upon registration.

Communication

13.0  In principle, communication between Lamp and you shall take place via the App. Where necessary, Lamp may also contact you outside of the App. You accept that such communication is not necessarily confidential or secure.

User Content

14.0  Lamp does not claim ownership of the content that you provide, upload, submit or send through the Services or to Lamp. You understand and agree that all materials transmitted on or through the Services are the sole responsibility of the sender, not Lamp, and that you are responsible for all material you provide, upload, submit or send to or through the Services.

 

14.1. When you provide content to Lamp or through the Services, you grant Lamp (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any manner and for any purpose, including to improve the Services and create other products and services. Lamp will not compensate you for any of your content. You acknowledge that Lamp’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Lamp.

Intellectual property

15.0  For the duration of the Agreement, customers shall receive the non-transferable, non-exclusive right to use the App. The content and scope of this right are governed by this Agreement. All intellectual property rights shall remain with Lamp or relevant third parties, including our Partners and our merchant partners.

Support

16.0  Lamp may provide you with a Support Centre (help) function via the Apps that offers technical support. Lamp can also involve third parties for the provision of this support. To enable them to perform this task, they may be granted access to your relevant personal data.

Feedback

17.0  If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (the Feedback), then you hereby grant Lamp an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

Prohibited Conduct

18.0  By using the Services you agree not to do any of the following:

 

  • breach this Agreement or any other agreement between you and Lamp or violate any Lamp policy;

  • access or use any part of the Services for any non-personal, commercial purpose;

  • access or use the Services for any illegal purpose or violate any law, statute, ordinance, or regulation;

  • attempt to gain unauthorised access to any other user’s Account;

  • modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services;

  • access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights;

  • provide false, inaccurate or misleading information;

  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof (including any the Apps) copy, distribute, transfer, sell or license all or part of the Services;

  • transfer the App to, or use the App on, a device other than the Access Device;

  • intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

  • take any action to circumvent, compromise or defeat any security measures implemented in the Services;

  • use the Services to access, copy, transfer, retransmit or transcode information, Lamp logos, marks, names or designs or any other content in violation of any law or third party rights;

  • unlawfully access any Partner information; or

  • remove, obscure, or alter Lamp’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.

How to contact us

30.0  If you have any questions regarding Lamp, the Services, or this Agreement please email us at support@lampaccount.com.

Modification of Agreement

19.0  Lamp reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all of the Services without advance notice. All modifications and additions to the Services shall be governed by this Agreement, unless otherwise expressly stated by Lamp in writing. Lamp may, from time to time, modify the Agreement. Please check this Agreement periodically for changes.

 

19.1. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified Agreement in order to continue to use the Services.

 

19.2. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Agreement in effect that the time the dispute arose.

 

19.3. You can determine when this Agreement was last revised by referring to the “Most recent updated” indicator at the top of then-current version of this Agreement

Term

20.0  This Agreement is effective beginning when you accept the Agreement or first download, install, access, or use the Services, and ending when terminated as described in this Agreement.

Termination

21.0  Termination by Lamp. Without limiting other remedies, Lamp may immediately terminate or suspend your access to and/or use of the Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers, in the event that you breach this Agreement. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of the Lamp Services at any time and for any reason or no reason, including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Lamp or any third party; or (ii) in connection with any general discontinuation of the Services.

 

21.1. We also reserve the right to modify the Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or revocation of your access to or use of the Services.

 

21.2. Termination by You. You may terminate acceptance of this Agreement at any time by permanently deleting the App in its entirety from the Access Device, whereupon (and without notice from Lamp) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of this Agreement, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the App from the Access Device.

Effect of Termination

22.0  Upon termination of this Agreement: you understand and acknowledge that we will have no further obligation to provide or allow access to your Account or the Services. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease. Lamp is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED, UPLOADED OR OTHERWISE MADE AVAILABLE ON, TO OR THROUGH THE SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, except as may be required by applicable law or as provided in our Privacy Policy, Lamp will have no obligation to store or maintain (or delete or destroy) any information stored in our database or to forward any information to you or any third party.

Intellectual Property Rights

23.0  You hereby acknowledge that Lamp owns all rights, title and interest in and to the Services and to any and all proprietary and confidential information contained therein (the Lamp Information). The Services and Lamp Information, including visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the Services, are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Copyright Policy

24.0  Lamp respects the intellectual property rights of others and expects you to do the same. Accordingly, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by contacting us at support@lampaccount.com.

Indemnification

25.0  To the fullest extent permitted by law, you agree to indemnify, defend and hold Lamp and all of its successors, parents, affiliates, officers, directors, stockholders, investors, employees, agents, Partners, merchant partners, representatives and attorneys and their respective heirs, successors and assigns (collectively, the Indemnified Parties), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to the following:

 

  • your access to, use of or alleged use of the Services;

  • your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;

  • your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or

  • any disputes or issues between you and any third party.

 

25.1. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. You shall cooperate as fully as reasonably required in the defence of any such claim. Lamp reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Lamp.

Disclaimers; No Warranties

26.0  THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, LAMP DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY,

 

BUT WITHOUT LIMITATION, LAMP DOES NOT WARRANT THAT:

 

  • THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE;

  • THE SERVICES BE UNINTERRUPTED OR ERROR-FREE;

  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR

  • ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

  • ANY INFORMATION, RECOMMENDATIONS OR SUGGESTIONS PROVIDED WILL BE ACCURATE. THIS INCLUDES ANY SUCH COMMUNICATION IN REGARD TO THE USE OF ARTIFICIAL INTELLIGENCE METHODS.

 

26.1. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

Limitation of Liability

27.0  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM:

 

  • YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR

  • ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE LAMP SERVICES, INCLUDING THE AVAILABILITY OF A COUPON.

 

27.1. YOU SPECIFICALLY ACKNOWLEDGE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.

 

27.2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

27.3. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE

Dispute Resolution

28.0  PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

28.1. You agree that any dispute between you and Lamp arising out of or relating to this Agreement or the Services (collectively, the Disputes) will be governed by the arbitration procedure outlined below.

 

28.2. Governing Law. Except as otherwise required by applicable law, the Agreement and the resolution of any Disputes shall be governed by and construed in accordance with the laws of Lithuania without regard to its conflict of laws principles.




28.3. Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Lamp, you agree to try to resolve the Dispute informally by contacting support@lampaccount.com. We will try to resolve the Dispute informally by contacting you through email or the App. If a dispute is not resolved within 15 days after submission, you or Lamp may bring a formal proceeding.

 

28.4. We Both Agree To Arbitrate. You and Lamp agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

 

28.5. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting support@lampaccount.com within 30 days of first accepting this Agreement and stating that you (include your first and last name) decline this arbitration agreement.

 

28.6. Arbitration Procedures. The Vilnius Court of Commercial Arbitration (VCCA) will administer the arbitration. Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitration will be held in the location we agree to.

 

28.7. Arbitration Fees. The VCCA rules will govern payment of all arbitration fees.

 

28.8. Exceptions to Agreement to Arbitrate. Lamp may bring a lawsuit solely for injunctive relief to stop unauthorised use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

 

28.9. No Class Actions. You may only resolve Disputes with Lamp on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

 

28.10. Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Lamp agree that any judicial proceeding will be brought in the courts of Lithuania. Both you and Lamp consent to venue and personal jurisdiction there. We both agree to waive any right to a jury trial.

 

28.11.  Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General

29.0  This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Lamp regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorised representatives of the parties.

 

29.1.  Amendment. We may amend this Agreement at any time. You will be provided with notice of amendments through Lamp. If you do not agree to the updated terms, you can terminate your Agreement by ceasing to use the Services we provide.

 

29.2. Assignment. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. You may not assign this Agreement without the written consent of Lamp.

 

29.3. No waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

 

29.4. Severability. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

 

29.5. Independent Contractors. The relationship of Lamp and you is that of independent contractors. Neither you nor any of your employees, consultants, contractors or agents are agents, employees, partners or joint ventures of Lamp, nor do you or they have any authority to bind Lamp by contract or otherwise to any obligation. None of such parties will represent anything to the contrary, either expressly, implicitly, by appearance or otherwise.

 

29.6. Notices. Any notices required by this Agreement will be provided to you by Lamp via the App. You agree that delivery via the App will have the same meaning and effect as if we had provided you with a paper copy. Any notices to Lamp shall be considered valid only if sent by postal mail to Lamp Account UAB, Attn: Legal Department, T. Narbuto Street 5-1, 08103 Vilnius, Lithuania.

 

29.7. Survival. In the event of termination of this Agreement, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the indemnification and hold harmless obligations, disclaimers and limitations of liabilities.

 

29.8. Headers. Use of paragraph headers in this Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions.

 

29.9. Governing law. The laws of the Republic of Lithuania, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between the parties, except as otherwise stated in this Agreement.

 

29.10. Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties hereto in respect to the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, Partner, employee or representative of any party hereto. This Agreement shall be binding upon and shall inure only to the benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this Agreement, any rights or remedies under or by reason of this Agreement

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