General Terms & Conditions
V2.1 - March 7th, 2024
Important
notice: In 2024, the name of the company changed from Solar Fire Concentration Oy to Lytefire Oy.
The validity of all documents and contents protected by © Solar Fire Concentration Ltd or Oy remains the
same.
Summary
This section is intended as a short summary of the key points in these General Terms & Conditions.
- DIY: The online material is here for You to build your own solar cooker or solar oven for personal and non-commercial use. Non-commercial means that you cannot resell what you have built without a special agreement with us. If you want to do so, contact us. You can power your commercial activity with the Lytefire you built (5.2.4). With the purchase of one construction manual you are limited to fabricating up to 2 Community Solar Cookers or up to 1 Solar Ovens for personal use only (in your backyard or to power your own activity) (section 5.1.3). If you want to build more, contact us.
- Copyright: The PDFs and all the documents, videos, contents, etc. provided for DIY, humanitarian projects, or any kind of cooperation cannot be shared with other people or institutions. It is copyright protected with © Solar Fire Concentration Ltd (section 10).
- IP Protection: It is forbidden to post DIY fabrication methods and/or pictures of the Lytefire showing the rear of the Lytefire or revealing technical aspects of the technology or online material (construction guide, tutorials, etc.) (sections 5.6 and 10). Any modification of our IP is forbidden without an innovator license, including adapting our tech or developing new applications (see section 13.5 and 13.7).
- Non-Commercial: The Company does not transfer any intellectual property (IP) rights to You and the online material also does not permit You to produce the technologies contained in it for commercial purposes (e.g. for sale, rent, selling educational services, etc), nor can you modify our IP (section 12). If You are interested in a partnership agreement or a commercial use agreement, we are open to it and You can contact us.
- Safety and Liability: While building and then using Your Lytefire, You will need to ensure You are properly insured and the company is not liable for damages caused by your action based on the online material (sections 9 and 13.2).
Please read the below Terms and Conditions before proceeding.
Index
4. Terms Related to the Website lytefire.com:
5. Terms Related to Online Material
5.1. General Terms for Online Material
5.2. Non-Commercial Use of Online Material
5.5. Refunds of Material Purchases
6. Terms for Hardware Purchases
6.2. Monitoring & Evaluation (M&E) in Humanitarian Contexts
7. Terms for Web Services / Forum & Hub
8. Ownership and Use of Lytefire Hardware
12. Terms for Research Institutions
14.3. Assignment and Other Dealings
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Introduction
Thank You very much for your interest in Lytefire.
- Lytefire Oy is a company based in Finland and registered with the Business ID: 2474214-8 (herein referred to as the “Company” and “Lytefire”). The current company info and contact details can be found under https://lytefire.com/legal
- From 2012 to 2023 the company was known as “Solar Fire Concentration Oy” or the “Company”. The previous version of these General Terms refers to that and the present and future versions refer to “Lytefire” only. This change in name doesn’t change the validity of the previous General Terms.
- The “Company” has created and owns the Lytefire.com website that promotes, among other things, sales of the Lytefire technology, licenses, educational material and projects involving the use of the Lytefire technology developed by the “Company”.
- The Company places positive social and environmental impact (Corporate Social Responsibility) at the core of its business model, with its main focus on UN Sustainable Development Goal Number 7: Affordable and Clean Energy for All.
- The Company follows a business model that spreads the technology and creates an inclusive ecosystem of people, clients and partners. The Company’s activities also contribute to several targets of 10 other SDGs.
- The Company pursues business and technological development and social disseminations aimed at climate change mitigation and adaptation.
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Parties to the Agreement:
- “Lytefire”, “we”, “us”, “our”, and the ”Company” in this document refers to Lytefiren Oy.
- “You”, “you”, and “Client” in this document refers to You, the paying customer and/or user of Lytefire’s products, services and/or web services such as forums.
- The “Company” and the “Client“, are together herein referred to as “Parties” and each separately referred to as a “Party”.
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Entering the Agreement
- By accessing, browsing, or otherwise using our hub or any other aspect of our services, You acknowledge that you have read, understood, and You agree to be bound by the terms and conditions as presented in this document (“Terms & Conditions”).
- By purchasing any of our products/services , or by digitally accepting this Agreement (e.g. via an online form or by email), or otherwise agreeing to this document (such as by signature), You (the “Client”) agree to the terms and conditions of this document “General Terms & Conditions” in a legally binding way (“Terms & Conditions”).
- For the avoidance of doubt, this document “Terms & Conditions” therefore constitutes an agreement between You and the Company (“Agreement”).
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Terms Related to the Website lytefire.com:
- The Material and offers as presented on the website are subject to change.
- No pictures on this site are contractual.
- All the FAQs are based on users and field feedback. This content is enriched on a regular basis. It is of the user's responsibility to check on the latest content.
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Terms Related to Online Material
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General Terms for Online Material
- The “Company” is offering instructional content, including but not limited to DIY construction guides, educational content, and how-to / tutorial videos, herein referred to as "Material", through its websites including Lytefire.com. The “Company” may share Material also by Email or otherwise transmit to You. If you have bought or received Material, this section “Online Material” applies to you.
- Your purchase of any Online Material grants you personal access to Lytefire Hub and Lytefire Forum.
- With the purchase of one construction manual You are limited to fabricating up to 2 Community Solar Cookers or up to 1 Solar Oven.
- Unless otherwise stated, within a reasonable time after the purchase, the purchased Material will be made accessible to You where You can download it, or stream/view it online. Downloadable items are downloadable once, and streamable/viewable items are accessible online for a maximum duration of 3 months after the purchasing date. (“Material Availability Duration”).
- We promote safe construction and use of our technology, but we cannot be held responsible for independent third-party constructions. Lytefire is powerful. The use of our construction plans and the solar cooking is at your own risk. Please follow carefully the safety instructions that are listed on our Terms. Thank you.
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Non-Commercial Use of Online Material
- You are permitted to construct in a do-it-yourself manner the designs described in the Material.
- Only non-commercial use of the Material, designs and technologies described in the Material is permitted, meaning You are not permitted to sell or rent anything built based on the Material, or the Material or access to the Material itself, to third parties.
- You are however permitted to use the Lytefire, built as instructed in our Material, to power your commercial activity, such as using a Lytefire for cooking in Your restaurant. Make sure to insure properly Your DIY construction for Your commercial use. Lytefire has no liability on Your use of Your construction.
- We reserve the right to refuse product delivery if we determine that the DIY material or other product/service is not suitable for you. In this case, we will refund your purchase. This can happen for example if a manufacturing company buys DIY construction materials that are not meant for production.
- We reserve the right to refuse product and/or service delivery if we determine, solely at our discretion, that You or owners of You do not pass our internal due diligence process for anti-fraud and -corruption. For this reason we may require from your business documents like a certificate of registration and ownership structure.
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Expansion of Cooperation
- If you want to use your Lytefire to present to schools and/or at festivals, to inform
people, You are under this Agreement permitted to do so! For the avoidance of doubt, You cannot
(without a separate mutual agreement):
- Sell/produce Lytefire without a License Agreement
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Additional Seats
- If You want to share the Material with another person at Your institution (or any third party/parties) please understand that the On-line material purchased by You is the result of Our work and we are not a charity.
- With each purchase of the Material, you are granted up to 3 seats, meaning you can provide yourself and 2 additional persons with access to the Lytefire Hub. Send us their contact details so we can create accounts for them.
- Beyond that, another person/third party needs to make a purchase of the Material. This will grant to the person/third party access to Lytefire Hub.
- However, contact us if you need access for several persons at Your institution and/or for third parties for a group project. At the discretion of the “Company”, we may make available discounts or fee-waivers for You. See also the section “Terms for Research Institutions”.
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Refunds of Material Purchases
- If You are not satisfied with the Material delivered through the purchase, You can apply to the “Company” for a refund of the amount paid by You within 14 days.
- Refund requests shall be made through official and direct means of communication, and granted on a case by case basis, at The “Company”’s sole discretion.
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Copyright of Material
- The Material is covered by copyright and all rights including copyrights held by the “Company”. Purchasing the Material does not transfer to You any rights to the Material, designs or the technology described in the Material.
- It is forbidden to post the Material on the internet or otherwise transmit the DIY guides to any third party and you agree to this.
- It is forbidden to post on the internet fabrication methods and/or pictures of the Lytefire showing the rear of the Lytefire or revealing technical aspects of the technology.
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Terms for Hardware Purchases
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Warranty
- Warranty 1 year on manufacturing defects.
- Other warranty terms as listed on the relevant offer.
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Monitoring & Evaluation (M&E) in Humanitarian Contexts
- If You are deploying Lytefire in a humanitarian context, e.g. for the use of beneficiaries or external entrepreneurs, You agree to collect impact data from the users and provide the raw data to the Company for analysis. At the minimum, the data shall contain the equipment usage, production outputs, income generated and number of people equipped and impacted. The Company can provide monitoring instructions and data collection sheets.
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Duties
- The Client is responsible for covering import/border duties that may arise from cross-border shipping.
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Shipping
- Shipping is handled by external companies. You agree to the subsequent terms of the shipping company chosen to deliver your shipping.
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Special Terms
- On top of the present General Terms, the terms and conditions mentioned in your relevant offer / pro-forma invoice apply.
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Artisan
- If the Lytefire that you have obtained is an Artisan Lytefire made for you by an Artisan or built by you with the help of an Artisan, the Company is not liable for anything related to your Lytefire, not even manufacturing defects (for which you or the Artisan who has built the Lytefire is liable).
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Retail
- When Lytefire is bought for retail, the party doing the reselling must require the third party buying the Lytefire to comply with these terms. Lytefire will provide an on-boarding site (www.lytefire.com/register ) for end-clients to register their product, accept our terms, and get access to our hub and warranty services. As a retailer, you are responsible to ensure that each client registers their product.
- As a retailer, you are required to sign a Retail Agreement with us before selling the Lytefire. In particular, the Retail Agreement will cover liability, warranty, installation and quality control requirements.
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Terms for Web Services / Forum & Hub
- The “Company” may further make available web-services, such as online forums (herein referred to as “Web Services”, “Hub” and “Forum”). Special terms apply for the use of Web Services:
- Moderation: Any Material You submit to the Forum can be removed by us at our discretion. Offensive language will not be tolerated. Off-topic Material will be moved to a new space in the forum where it is on-topic, or removed entirely if no space makes sense.
- Liability: Web Services are provided at no warranty, and the “Company” expressly denies to the extent possible by law any liability in regard to the functioning of the Web Services. You are responsible to backup your data and the “Company” does not guarantee continuity of its Web Services. In other words, the “Company” may discontinue Web Services at its sole discretion.
- Security: You are responsible for keeping your password / access credentials safe. If You notice a breach please inform the “Company”. The “Company” reserves the right to suspend user accounts that show suspicious behavior.
- In case You are given access to Web Services / Forum as an individual or other entity, You are bound by these same terms.
- Further terms and conditions apply to use of our Web Services
- Third-Party Material: Under no circumstances will the Company be liable in any way for any content or Materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Forum User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant the Company and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
- In particular, you authorize the Company to publish on the Hub Your user-generated content, such as Your profile picture, name, photos, and posts you may make.
- You hereby authorize the Company and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Please check our Privacy Policy.
- Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
- You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to the Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by the Company. the Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose the Company or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- violate any applicable local, state, national, or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
- circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
- engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by the Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
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Ownership and Use of Lytefire Hardware
- “Lytefire Hardware” refers to Lytefire hardware and applications (such as “Lytefire Solar Oven”) as purchased or as built based on the Material, or otherwise obtained.
- All the Lytefire Hardware is owned and used exclusively by You.
- If ownership is transferred, or the hardware is used by a third party that has not accepted the Company’s Terms & Conditions, You assume all liability and loss that may arise to the Company (such as loss of business to the “Company”, loss of IP to the “Company”, damage due to not following Safety instructions, etc).
- In general, the units cannot be resold to anybody but the Company. Contact us if you want to become a reseller of Lytefire, as we have offers and license agreements for this.
- If the Client wants to let the Lytefire be used by third parties, or give the ownership of the Lytefire hardware to third parties (such as beneficiaries of the Client), and the Client wants to not assume liability on their behalf, You need to ensure that these third parties agree to these Terms & Conditions (Agreement) with the Company. The reason for this is to ensure proper onboarding, warranty and confidentiality undertakings of third party owners or users. Contact us if you need help facilitating this.
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Safety Instructions
- Use of Lytefire Hardware
- The Company may release safety instructions in EN and FR to promote safe use of Lytefire hardware (“Safety Instructions”).
- Up-to-date Safety Instructions have to be printed and installed in a readable manner next to any Lytefire installed. We reserve the right to update you in case our Safety Instructions change.
- We are not responsible for Your safety during Your usage / operation of the Lytefire hardware.
- Construction of Lytefire Hardware based on Material purchased and accessed Online
- We are not responsible for Your safety during the building of the technologies outlined in the online Material.
- With the Material we provide safety explanations and reminders; this safety Material which is included is not exhaustive nor a replacement for common sense, local rules or regulations governing the use of the related Materials and tools.
- Lytefire fabrication is an advanced metal fabrication project. Lytefire technology is developed to be simple and easy to build, but it still requires the use of potentially dangerous tools. Before using this online Material to fabricate the Lytefire, make sure You have the necessary skills and tools, and that You always use proper safety equipment.
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Attribution & Safekeeping
- You agree to not create instructional content based on the DIY Material, Education Material, Resources on the Lytefire Hub and Lytefire Hardware, nor to publish pictures or videos showing extracts of DIY guides and of the technology that you build, nor to publish pictures or videos showing in detail and with explanation the rear of Lytefire solar concentrators (e.g. showing backsides of mirrors) or other technical details of the technologies and existing or future applications (oven, cooker, roaster, etc.).
- When sharing on social media, in public, or with journalists about the technology or Material, the “Lytefire” technology needs to always be mentioned.
- All interviews, articles, videos, pictures made/published by You about the project (or then as a recommendation/request of journalists or other third parties writing, or otherwise communicating about the project) shall mention clearly and refer to “Lytefire” technology with mention of Lytefire.com website, when appropriate to the content.
- When sharing on social media about the project, You will clearly tag / mention the name of the “Lytefire” technology.
- For the protection of the Company’s intellectual property (IP), the company may ask You to remove/unpublish publications, pictures, videos or other content showing sensitive parts of the company’s intellectual property. You are to comply if the Company is asking You to remove such content. See section 12 for IP.
- Our brand is important to us. Violation for this clause 10 leads to liquidated damages of 1000 € per breach.
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Confidential Information
- For the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship concerning the disclosure of certain proprietary and confidential information ("Confidential Information").
- Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which the Company is engaged. If Confidential Information is in written form, the Company shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Company shall promptly provide writing indicating that such oral communication constituted Confidential Information.
- Exclusions from Confidential Information. Your obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the You; (b) discovered or created by the You before disclosure by the Company; (c) learned by the You through legitimate means other than from the the Company or the Company's representatives; or (d) is disclosed by You with the Company's prior written approval.
- Your Obligations. You shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Company. You shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. You shall not, without the prior written approval of the Company, use for Your benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Company, any Confidential Information. You shall return to the Company any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if the Company requests it in writing.
- Time Periods. The non-disclosure provisions of this Agreement shall survive the termination of this Agreement and Your duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Company sends You written notice releasing You from this Agreement, whichever occurs first.
- Our brand is important to us. Violation for this clause 10 leads to liquidated damages of 1000 € per breach.
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Terms for Research Institutions
- Lytefire is versatile and due to its unique design and performance a very interesting subject for research projects, educational projects, group-studies and student projects.
- If you want to use Lytefire or Lytefire’s online Material, as part of a research project, you may do so, pending the following conditions:
- You present the Company with the intended research project, and the Company has approved it.
- Before publishing, You shall give the Company an opportunity to review the publication in advance.
- You adhere to the section “Patents and Licencing” of these Terms and Conditions. No patents and no open-sourcing without mutual agreement with the Company.
- Each person involved must enter into Agreement to these Terms and Conditions.
- We can provide you with a document template, or, preferably, the onboarding process is completed by each person involved signing up to the Lytefire Hub and accepting the terms as part of the first login process.
- The Company may provide multiple seats to the Material and Lytefire Hub at a discounted price for your institution. Please reach out to us, present Your project, indicate the number of people involved, and request a discount.
- Departures from these standard terms and conditions would need to be mutually agreed in writing. Contact us in this case.
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Patents & Licencing
- You agree not to file any patents that are a direct derivative of our designs described in the Material and related Material.
- Contact us if You are interested in collaborating in design development or licensing our technology.
- You agree that all intellectual property developed by the “Company”, intellectual property in relation to the “Company”’s intellectual property, new intellectual property developed by any party based on or in relation to the “Company” intellectual property, and confidential information provided by the “Company”, is the sole property of the “Company”(together referred to as “IP”).
- Nothing in this Agreement transfers any IP, nor rights to IP, from the “Company” to the other party (You), and the other party (You) is prohibited from claiming any rights to IP (such as through patents).
- For the avoidance of doubt, the other party (You) is prohibited from any commercial or other exploitation of IP, unless mutually agreed in the future through a licensing or other agreement.
- Breach of this clause (“Patents & Licencing”) results in liquidated damages paid by the other party (You) to the “Company” of €10 000. If the “Company” can demonstrate that the damage caused by the breach exceeds the above-mentioned amount, the faulty Party shall instead pay that higher amount. The liability to pay liquidated damages is strict and independent of negligence.
- Lytefire is a versatile technology and the Company is aware of its
potential.
If you are creative, you might be interested in making some technological developments ("Adaptations") in relation to Lytefire technology.
If that is the case, please contact us so we can mutually agree on this before proceeding. Adaptations include but are not limited to increasing or decreasing the size of the Lytefire solar reflector; integrating, developing or adapting existing and new applications such as ovens, cookers roasters, steam and other thermal equipment to be powered by Lytefire; and automating the solar tracking of a Lytefire. The “Company” is open to engage with You around Adaptations, so please reach out to us with what you have in mind. A mutual agreement, such as an Innovator License, will allow us to better understand your project, work together, share our experience and welcome you in the ecosystem we're building. Lytefire is a powerful tech and no Adaptation shall be undertaken without mutual agreement with the “Company”. For the avoidance of doubt, in the absence of a mutual agreement, any intellectual property rights arising from Adaptations are the sole property of the Company. - This clause “Patents & Licencing” shall survive termination of this Agreement.
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Additional Terms
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Updates
- We may change or update at any time these General Terms & Conditions.
- You can be notified of changes to these Terms of Service.
- To the extent possible by law, you agree to any future changes as proposed by the Company.
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Liability
- Under no conditions is the “Company” liable for any activity, commercial or otherwise, undertaken with a Lytefire, no matter if it is built based on Material or bought as hardware or otherwise.
- The “Company” is not liable for any accidents, activities, losses, damages or other liabilities caused to or by You, to the extent permitted by law.
- Should the “Company” be held liable, the liability cannot exceed the purchase price paid by You.
- For the avoidance of doubt, the Company cannot be held responsible for any accident, liability or claim that may occur during or arise out of your construction and/or use of Lytefire technology and/or related to the instructional content provided, and/or in relation to the Web-Services as defined in this Agreement.
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Assignment and Other Dealings
- These General Terms & Conditions are personal to the parties involved. No party may assign, transfer or subcontract any of its rights or obligations under this Agreement without the prior written consent of the other parties.
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Waiver
- Failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
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Severance
- If any provision of this Agreement, or part of and provision, is found to be invalid, illegal or unenforceable, that provision or partial provision shall apply with the minimum modification necessary to make it legal, valid and enforceable, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
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Other Agreements
- In the event of any conflict or inconsistency between the terms and provisions of this Agreement and the terms and provisions of any other fully executed (signed) agreement between the Parties, the conditions set forth in such other agreements shall prevail.
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Representation
- If the You are accepting this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, and the term “You” shall refer to such entity and its Affiliates.
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Term
- This Agreement shall be valid in perpetuity, unless the Agreement is mutually canceled between the parties.
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Violations
- You must take actions to remedy a breach of these General Terms & Conditions.
- Penalties and damages may apply.
- Use of Material contrary to these General Terms & Conditions constitute a violation thereof.
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Applicable Law
- The law applicable to and governing these General Terms & Conditions are the laws of the country of Finland, the country where SFCO is registered as a company.
- This Agreement and any dispute, controversy or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims, shall be finally settled and administered by the Finnish Arbitration Institute. The seat of arbitration shall be in Helsinki and the language to be used in the arbitral proceedings shall be in English. The arbitrators will consider Finnish law and will rule ex aequo et bono.