Terms and Conditions

Effective Date: 20-11-2024

Preamble

By using this website (the “Site”, “Website”, the “Crowdfunding Platform”) and any of the services (together with the Site, the “Services”) offered by Crowdfunding Service Provider (together with their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “Lugani.io,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms” or “Terms of Use”). You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site, which are incorporated in these Terms by reference. In addition to the Site, Services means services offered by Lugani.io from time to time including, but not limited to, crowdfunding services and associated services.

We may update these Terms from time to time as laws, our Services and practices change. We encourage you to review these Terms periodically. If you keep using Lugani.io after a change, we will assume you accept the current version. These Terms may be translated into another language for your convenience; in the event of a conflict between the English version and any translations, the English version shall control.

1. Definitions and Interpretation 

“Agreement” means the Reward Based Crowdfunding agreement between the Crowdfunding Service Provider and the Creator;

“Lugani” or “Creator” means a Project Owner, LUGANI BHD. SDN. that offers a Crowdfunding Project through the Crowdfunding Platform;

“User Account” means registered User account for using Crowdfunding Services offered by Crowdfunding Platform;

“User” means any prospective or actual Backer or Creator to whom Lugani.io provides or may provide Crowdfunding Services;

“Crowdfunding Offer” means any communication by Crowdfunding Service Provider that contains information, which enables prospective Backers to decide on the merits of entering into a crowdfunding transaction;

“Crowdfunding Platform” or “Platform” means an electronic information system (internet platform www.lugani.io) operated and managed by Crowdfunding Service Provider;

“Crowdfunding Project” or “Project” means a reward-based project made available by the Creator to the User. Crowdfunding Project is the subject of the Agreement and is subject of Backing Agreements entered into by the Crowdfunding Service Provider, Backers and Creators provided in the Project;

“Crowdfunding Service Provider” or “Lugani.io” means monetize s.r.o. (a company registered in the Slovak Republic with registry code 55378129, located at Stefanikova tr.51, 949 01, Nitra) who provides reward based crowdfunding, Services, through Crowdfunding Platform; 

“Crowdfunding Service” or “Service” or “Services” means services offered by Crowdfunding Service Provider on Site and Crowdfunding Platform, which include the matching of interest of Backers and Creators through the use of a Crowdfunding Platform;

“Backer” or “Backers” means any User that, through the Crowdfunding Platform, backs/supports/helps the Creator and / or its Project;

“Backing Agreement” means the agreement among the Backer and the Creator, backs/supports/helps the Creator and / or its Project;

“Terms and Conditions” or “Terms” or “Terms of Use” means legal agreement between Crowdfunding Service Provider and User who wants to use Website and Crowdfunding Platform.

“Site” means www.lugani.io

2. Accessing and Using the Site

2.1. User can use the Website without registering.

2.2. If the User wishes to use the services offered by the Crowdfunding Platform, it is necessary to register as a User in accordance with these Terms and Conditions.

2.3. User agrees that they will:

2.3.1. only use the Website and Crowdfunding Platform for their intended purposes and in accordance with these Terms and Conditions;

2.3.2. provide Crowdfunding Service Provider with accurate information and keep it updated;

2.3.3. be responsible for User’s own virus protection software; and

2.3.4. comply with all applicable laws in relation to the access to and use of the Site and Crowdfunding Platform.

2.4. User agrees that they will not do (or attempt to do) any of the following:

2.4.1. hack, make unauthorised alterations to or introduce any kind of malicious code to the Site or Crowdfunding Platform by any means;

2.4.2. reverse engineer or decompile (whether in whole or part) any software available through the Website;

2.4.3. make copies, modify, reproduce, transmit, alter or distribute all or any part of the Site or any material or information contained on it (although the User may make limited copies of their own User Account information for personal use);

2.4.4. disguise or interfere in any way with the IP address of the computer the User is using to access the Site or otherwise prevent us from correctly identifying the actual IP address of the computer the User is using whilst accessing the Site or Crowdfunding Platform;

2.4.5. gain, or assist others in gaining, unauthorised access to the Site and Crowdfunding Platform;

2.4.6. use the Site or Crowdfunding Platform for any purpose that is unlawful, including any fraudulent use;

2.4.7. use bots, gaming algorithms or other automated methods to access or engage with the Site or Crowdfunding Platform;

2.4.8. use the Site or Crowdfunding Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials or other information; and

2.4.9. use the Site or Crowdfunding Platform in any manner that disrupts their operation or causes it to fail.

2.5. Crowdfunding Service Provider will try to ensure that the User has uninterrupted access to the Site (its content and features) and Crowdfunding Platform and, if the User is a registered user, to the Crowdfunding Platform and the User Accounts.

2.6. Crowdfunding Service Provider cannot guarantee that access to the Site or Crowdfunding Platform will always be available or uninterrupted. From time to time, access may be interrupted, suspended, or restricted, including because of a fault, error, or other unforeseen circumstance or because Crowdfunding Service Provider are carrying out planned maintenance.

2.7. Crowdfunding Service Provider will not be liable to the User for any loss or damage which the User may suffer as a result of the Site or Crowdfunding Platform being unavailable at any time for any reason.

2.8. The Crowdfunding Service Provider may make changes in the Crowdfunding Platform, including expanding, changing, or removing its functions, at its own discretion at any time without asking permission of the User or giving prior notice to the User. Among other, the Crowdfunding Service Provider may terminate the operation of the Crowdfunding Platform at its own discretion at any time.

4. Projects

Most of our Terms of Use explain your relationship with Lugani.io. This section is different—it explains the relationship between creators and backers of Lugani.io projects, and who’s responsible for what. This is what you’re agreeing to when you create or back a Lugani.io project.

Lugani.io provides a funding platform for rental real estate reward based projects that are 100% owned by the creators. When creators posts a project on Lugani.io, they’re inviting other people to form a contract / agreement with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.

Lugani.io is not a part of this contract—the contract is a direct agreement between creators and their backers. To the extent these Terms conflict with any supplemental or additional terms that are applied by a creator to their project, these Terms prevail. Here are the terms that govern the agreement between a creator and their backers:

During a life of a project, creators owe their backers a high standard of effort, honest communication, and a dedication to honour their contract / agreement. At the same time, backers agree and acknowledge they’re not buying something when they back a project— they’re helping the creator. Every project is different and there may be changes or delays.

5. Funding Process

This section goes over the details of backing and creating projects—things like how money gets collected, whether pledges can be changed or canceled, and how creators can contact backers to provide rewards.

These are the terms that apply when you back a project:

• You are charged at the time of pledge.  When you back a project, your card will be charged immediately.  

• The estimated fulfillment date is the creator’s estimate. If the creator has offered rewards, any month and year given for each reward is only the creator’s estimate and not a guarantee they will fulfill by that time. We ask creators to plan carefully, set estimated delivery dates they feel confident they can work toward, and communicate with backers about any changes.
• Lugani.io doesn’t offer refunds. Responsibility for a project lies entirely with the project creator. Lugani.io doesn’t hold funds on creators’ behalf, cannot and does not guarantee creators’ projects, and does not offer refunds. You may, however, request a refund from the creator by executing on the Buyback Guarantee. Lugani.io is not responsible for cancellations or refunds.

These are the terms that apply when you’re creating and running a project:

• You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s collected pledge at any time. If you fully refund a backer’s pledge, you have no further obligation to that specific backer, and the agreement between you and the backer is terminated.
• Lugani.io will charge fees before sending funds. Lugani.io and its payment processors will deduct applicable fees before transmitting the proceeds of a project.

6. No-Responsibility Disclaimer

We don’t oversee projects’ performance, and we don’t mediate disputes between users.

Lugani.io isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release Lugani.io from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Fees

All Lugani.io fees we currently charge can be found in the Price List section (excl. Buyback Guarantee). Our payment processor fees may vary slightly based on your location. If we change our fees, we’ll announce that on our Site and the Price List section will be updated.   

Funds pledged by backers are collected by payment processors. Each payment processor is its own independent company, and Lugani.io isn’t responsible for their actions. Our current payment processors are Stripe.

You are responsible for paying any additional fees and all local, state, federal or other taxes and assessments associated with your use of Lugani.io. For example, creators are solely responsible for collecting and/or remitting any applicable taxes for amounts received in connection with their fundraising projects.

8. Other Websites

If you follow a link to another website, what happens there is between you and them—not us.

Lugani.io may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

Lugani.io partners with other companies (such as Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

9. Intellectual Property of Creators and Users

We don’t own the content you post on Lugani.io, but you do grant us permission to use or copy it however we may need or deem appropriate. We generally use it to promote projects and showcase our community. Ultimately, you’re responsible for the content you post, and you’re promising us that it’s ok to use.

Lugani.io doesn’t own content you submit to us including for posting on your project page (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a launch a project, or otherwise submit Content to us via email or any other means, you agree to these terms:

• We can use the Content you’ve submitted. You grant to us, and others acting on our behalf, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, reproduce, make derivative works, publicly display, publicly perform, distribute, disseminate, communicate, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote projects and showcase our community on the website, including through application of a Featured Project and other similar badges. There are many factors that we take into consideration before featuring a project on the homepage. This includes, but is not limited to, a crisp project image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your project, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. In addition, we also carefully curate the homepage to highlight great examples of Lugani.io projects. We may also recommend projects that are gaining traction as a result of their creator’s own advertising, and/or on the basis of a user’s prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website. Lugani.io reserves the right to apply and remove all such badges, and to start and cease all such promotions, in its sole discretion.
• When we use the Content, we can make changes, like editing or translating it. You grant us the right to make derivative works of your Content. This may include edits, modifications, reformatting, excerpting, or translating any of your Content.
• You won’t submit stuff you don’t hold the copyright for (unless you have permission to grant us these rights in turn). Your Content must not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material and can pass those permissions along to us, or you are otherwise legally entitled to post the material (and to grant Kickstarter all the license rights outlined here).
• Any royalties or licensing fees owed by you to third parties are solely your responsibility. You will pay all royalties and other amounts owed to any person or entity  associated with your Content, or that may be due as a result of posting that Content on Lugani.io.
• You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Lugani.io or its users exploit or make use of your submission in the ways contemplated in these Terms you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is solely your responsibility.
• We’re not responsible for mistakes in your Content. Lugani.io is not liable for any errors or omissions in any Content.

10. Lugani.io’s Intellectual Property

The content on Lugani.io is protected in various ways. You may use it for certain personal non commercial purposes only. You must ask us for permission before using it for any commercial purpose or advantage.

Lugani.io’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

Lugani.io grants you a non exclusive, worldwide, non sublicensable, non transferable, revocable license to reproduce content from the Services for personal non commercial use only. This license covers both Lugani.io’s own protected content and user-generated content on the Site. If you want to do anything else with content on our Site, such as use it for commercial advantage or for a commercial purpose, you need prior written permission from Lugani.io or the relevant copyright holder. A “commercial purpose” means any use, sale, license, rent, or other exploitive or commercial use.

??????? 11. Copyright Issues

Learn more about how we deal with claims of copyright infringement, read our Copyright Policy.

Lugani.io will respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.) If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy where you can find contact information for our designated agent and additional information about how to submit a notice or counter-notice.

12. Deleting Accounts

You can delete your account at any time, but doing so may not automatically remove all content.

You can delete your account at any time through your account settings. As permitted by law, we may retain certain information such as information necessary for our legitimate business purposes. These Terms remain in effect as to your prior and any ongoing use of our Site and Services by you, including our rights regarding any Content you’ve already submitted to the Site. You can contact us at Lugani.io Support for additional information. For more information about account deletions and what it involves, visit our Privacy Policy. 

13. Lugani.io Rights

To operate, we need to be able to maintain control over what happens on our Site We reserve the right to make decisions and to take any action we believe necessary or appropriate to protect the health and integrity of our system. We don’t exercise these powers lightly, and we only use them when necessary.

To protect the health and integrity of our system and to help ensure that creators and backers enjoy a safe and secure environment, Lugani.io reserves these rights:

• We can make changes to the Lugani.io Site and Services without notice or liability at any time.
• We have the right to decide who’s eligible to use Lugani.io. We may in limited circumstances impose restrictions or limitations on accounts. For particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines, we may cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If our Services are prohibited by law where you live, then you may not use our Site or our Services, and our Site and Services are not available and may not be used by you.
• We have the right to cancel any pledge to any project, at any time and for any reason.
• We have the right to reject, cancel, interrupt, remove, or suspend any project, at any time and for any reason.
• We have the right to cause funds to be withheld to comply with laws and regulations.
• We have the right to force refunds of amounts collected by our payment processor prior to payout if we deem it necessary, appropriate or desirable in order to resolve any dispute that may arise between a creator and any third party related to the creator’s use of our Site or Services.
• We have the right to verify your identity, proof of address and investigate your account details at any time. You agree to cooperate promptly with our verification requests and investigations, including by engaging with us through any reasonable means (such as live video sessions) and providing us with additional information as we may request, for the legitimate purposes of protecting the integrity of our platform and preventing fraud or other wrongful conduct. If you refuse to cooperate, we may cancel your project and/or your account, suspend payout of campaign funding until we are satisfied or force refunds, or take any other action we deem appropriate in our sole discretion.

Lugani.io is not liable for any damages as a result of any of these actions.

It is our general policy not to comment publicly on the underlying reasons or the details of any such action. However, if we take any action in reliance on these rights, we will let the account holder know the reasons for this action and whether, if at all, they can remedy any issues except if we’re prohibited from doing so by law or in the interest of safety. For account cancellations, we will attempt to let the account holder know the reasons for this action in advance unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service.

14. Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This Site and the Services are  presented and provided as-is, without warranties.

You use our Site and Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind , express or implied.

LUGANI.IO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LUGANI.IO SHALL CREATE ANY WARRANTY.

15. Indemnification

If you do something on Lugani.io that winds up getting us involved in a dispute or sued, you have to help defend us.

If you do anything that results in our involvement in a dispute or threatened with legal action or sued , or break any of the promises you make in these Terms, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of our Site or Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

As part of this, by accepting these Terms of Use, you consent to service of process for any action that could be brought against Kickstarter, for any reason.

16. Limitation of Liability

If something bad happens as a result of your use of our Site or Services, we’re not liable (beyond a small amount).

To the fullest extent permitted by law, in no event will Lugani.io, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Site or Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Lugani.io’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

17. Dispute Resolution and Governing Law

We’re located in Nitra, Slovakia and any disputes with us have to be handled in Nitra under the Slovak National law.

We at Lugani.io encourage you to contact us if you’re having an issue before resorting to the courts. Our Lugani.io support team is on hand and ready to answer your questions. You can visit our FAQ to find articles with information that may resolve your issue. If you still have questions, you can click “Contact us” at the bottom of the page, so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.

18. The Rest

These are our official terms and our rules for how things work. You can verify any confusing or conflicting information you see elsewhere by referencing what we’ve explained on this page.

These Terms and the other material referenced in them are the entire agreement between you and Lugani.io with respect to the Site and Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Lugani.io with respect to the Site and Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Lugani.io to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Lugani.io’s prior written consent. Lugani.io has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Lugani.io will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.