These Terms of Service ("Terms") form a binding agreement between LumiCore Energy Limited, a company incorporated in the Federal Republic of Nigeria ("LumiCore", "we", "us"), and the customer or user accessing the Eaglense platform (the "Service"). By creating an account or using the Service you agree to these Terms.
1. The Service
Eaglense is a digital HSE observation, stop card, and corrective action platform for industrial operations. The Service is made available as a hosted software-as-a-service product.
2. Accounts
- You must provide accurate registration information and keep it up to date.
- You are responsible for safeguarding account credentials and all activity under your account.
- One account per individual; sharing of administrative credentials is not permitted.
- Field workers may use shared name-and-PIN access at site entry points under the licensed company's account.
3. Subscriptions and Billing
- Subscriptions are sold in monthly or annual periods and listed on our pricing page.
- All fees are quoted and charged in USD.
- New customers may use a 7-day free trial.
- Subscriptions auto-renew unless cancelled before the renewal date.
- Annual plans are non-refundable except as required by law; we will pro-rate for unused time on termination at our discretion.
- Late payments may incur suspension of the Service.
4. Active Projects
Each plan includes a defined number of active projects. A project is any active site, rig, facility, or operation. You may suspend a project at any time, after which it stops counting toward your active project limit. Suspended project data remains available for export.
5. Customer Data
- You retain all rights to data you submit ("Customer Data").
- You grant us a limited, non-exclusive licence to host and process Customer Data solely to provide the Service.
- You represent that you have all rights necessary to upload Customer Data and that it does not violate any law or third-party rights.
- We may use de-identified aggregate data for service improvement and benchmarking.
6. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms.
7. Intellectual Property
Eaglense, the Eaglense eagle mark, and the LumiCore name and marks are trademarks of LumiCore Energy Limited. We retain all right, title, and interest in the Service, the underlying software, and all related intellectual property. Nothing in these Terms transfers ownership of the Service to you.
8. Confidentiality
Each party will protect the other's confidential information with the same degree of care it uses for its own confidential information, and will use it solely to perform under these Terms.
9. Service Availability
We use commercially reasonable efforts to keep the Service available. Enterprise plans include an SLA-backed uptime commitment as specified in the order form. Maintenance windows are announced in advance where practicable.
10. Suspension and Termination
- You may terminate at any time effective at the end of the current billing period.
- We may suspend or terminate the Service immediately for breach of these Terms or the Acceptable Use Policy, or where required by law.
- On termination you may export Customer Data for 30 days, after which it is deleted from active systems.
11. Disclaimer of Warranties
The Service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Eaglense supports your HSE programme; it does not replace your operational duty to manage safety on site.
12. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data. Each party's aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by you in the 12 months preceding the event giving rise to the claim.
13. Indemnification
You will indemnify and hold harmless LumiCore from claims arising out of (a) your breach of these Terms or the Acceptable Use Policy, (b) your Customer Data, or (c) your unlawful use of the Service.
14. Governing Law
These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict of laws principles.
15. Disputes
Any dispute arising out of or in connection with these Terms will be finally resolved by arbitration administered by the Lagos Court of Arbitration under its rules. The seat of arbitration is Lagos, Nigeria. Each party may seek interim relief from a court of competent jurisdiction in Lagos.
16. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated via the Service or by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
17. Miscellaneous
- Entire agreement. These Terms, together with any order form and the documents referenced here, constitute the entire agreement between the parties.
- Severability. If any provision is held unenforceable, the remainder remains in effect.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- No waiver. Failure to enforce a provision is not a waiver.
18. Contact
LumiCore Energy Limited
Lagos, Nigeria
Email: support@lumicorenergy.com
Website: lumicorenergy.com