Terms & Conditions

1. Acceptance of Terms

By accessing our website at lumendatss.pro or engaging with lumen dats's services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, you may not access our website or use our services.

These terms apply to all visitors, users, and clients who access or use our artificial intelligence engineering services.

2. Definitions

For the purposes of these Terms:

• "Company," "We," "Us," or "Our" refers to lumen dats, located at 91/2 Wireless Road, Lumpini, Pathum Wan, Bangkok 10330, Thailand
• "Services" refers to our machine learning operations, conversational AI design, and AI performance tuning services
• "Client" or "You" refers to the individual or organization accessing our website or engaging our services
• "Agreement" refers to these Terms & Conditions together with any service-specific agreements
• "Engagement" refers to a specific project or service delivery period

3. Service Description

lumen dats provides professional artificial intelligence engineering services including:

• Machine Learning Operations: Infrastructure and workflow improvements for production ML systems
• Conversational AI Design: Development and implementation of chatbots, virtual assistants, and voice-based systems
• AI Performance Tuning: Optimization of deployed AI systems for improved performance and resource efficiency

Service scope, deliverables, timeline, and pricing are defined in individual engagement proposals and statements of work.

4. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

If you are accessing services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

5. Service Engagement Process

5.1 Initial Consultation

We begin with a consultation to understand your requirements and assess whether our services are appropriate for your situation.

5.2 Proposal and Agreement

Following consultation, we provide a detailed proposal including scope, deliverables, timeline, and pricing. Services commence upon your acceptance of the proposal and execution of any required agreements.

5.3 Project Execution

Our engineers work collaboratively with your team according to the agreed scope and timeline. Progress updates are provided at regular intervals as specified in the engagement agreement.

5.4 Completion and Handoff

Engagements conclude with delivery of agreed deliverables, documentation, and knowledge transfer sessions as specified in the statement of work.

6. Client Responsibilities

To facilitate successful service delivery, clients agree to:

• Provide timely access to necessary systems, data, and personnel
• Respond promptly to information requests and review materials
• Designate appropriate personnel to work with our team
• Provide accurate and complete information about technical requirements
• Maintain necessary licenses and permissions for systems we'll work with
• Follow recommended security and operational procedures
• Make timely decisions on matters requiring client approval

7. Payment Terms

7.1 Fees and Currency

Service fees are specified in Thai Baht (฿) in the engagement proposal. Pricing is subject to change for future engagements but remains fixed for the duration of an active project unless scope changes are agreed.

7.2 Payment Schedule

Payment terms are outlined in individual engagement agreements. Typical structure includes:

• Initial deposit upon agreement execution
• Milestone-based payments during engagement
• Final payment upon delivery of all agreed deliverables

7.3 Late Payment

Invoices are due within 30 days of issuance unless otherwise specified. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

7.4 Expenses

Client is responsible for reimbursement of pre-approved expenses such as travel costs, specialized software licenses, or infrastructure costs incurred specifically for the engagement.

8. Intellectual Property Rights

8.1 Client Materials

You retain all rights to your existing systems, data, and intellectual property. You grant us a limited license to access and use these materials solely for providing the agreed services.

8.2 Deliverables

Upon full payment, you receive ownership of custom code, configurations, and documentation created specifically for your engagement, subject to any third-party licenses.

8.3 Our Materials

We retain rights to our methodologies, frameworks, tools, and general knowledge developed through our work. This includes reusable components and architectural patterns that are not specific to your implementation.

8.4 Open Source

We often use open source software and tools. You are responsible for complying with applicable open source licenses for any such components.

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information disclosed during the engagement. Confidential information includes:

• Technical architecture and system designs
• Business strategies and operational procedures
• Performance metrics and optimization details
• Any information marked as confidential or that would reasonably be considered confidential

Confidentiality obligations survive termination of the engagement and continue for three years thereafter.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• Services will be performed with reasonable care and skill
• We have the necessary expertise and experience to deliver the services
• Deliverables will substantially conform to specifications in the engagement agreement

10.2 Disclaimers

EXCEPT AS EXPRESSLY STATED IN ENGAGEMENT AGREEMENTS:

• Services are provided "as is" without warranties of any kind
• We do not warrant that our services will meet all your requirements or expectations
• We do not warrant specific performance improvements or cost reductions
• We disclaim all implied warranties including merchantability and fitness for particular purpose

10.3 Professional Advice

Our services constitute technical engineering assistance, not legal, financial, or business strategy advice. You should consult appropriate professionals for such guidance.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THAI LAW:

• Our total liability for any claims arising from an engagement shall not exceed the total fees paid for that specific engagement
• We are not liable for indirect, incidental, consequential, or special damages including lost profits, business interruption, or data loss
• We are not liable for issues arising from client's failure to follow documented procedures or recommendations
• We are not liable for problems caused by third-party systems or services outside our control

Nothing in these terms excludes or limits liability for fraud, gross negligence, or matters that cannot be excluded or limited under applicable law.

12. Termination

12.1 Termination by Client

You may terminate an engagement by providing 14 days written notice. You remain responsible for payment of fees for work completed through the termination date plus any non-cancelable expenses committed.

12.2 Termination by Us

We may terminate an engagement if:

• Client fails to pay undisputed invoices within 30 days
• Client materially breaches these terms and fails to remedy within 14 days of notice
• Client's actions prevent us from performing the services effectively

12.3 Effects of Termination

Upon termination, we will provide documentation for work completed through termination date. Confidentiality and intellectual property provisions survive termination.

13. Indemnification

You agree to indemnify and hold lumen dats harmless from claims arising from your use of our services, your violation of these terms, or your violation of any third-party rights. We will notify you promptly of any such claims and cooperate reasonably in the defense.

14. Force Majeure

Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control including natural disasters, war, government actions, labor disputes, or telecommunications failures. Affected party must notify the other promptly and make reasonable efforts to resume performance.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Thailand without regard to conflict of law principles.

15.2 Jurisdiction

The courts of Bangkok, Thailand have exclusive jurisdiction over disputes arising from these terms or our services.

15.3 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith resolution of disputes through direct negotiation for at least 30 days.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any engagement-specific agreements, constitute the entire agreement between parties and supersede all prior understandings.

16.2 Severability

If any provision is found unenforceable, remaining provisions continue in full effect.

16.3 Waiver

Failure to enforce any provision does not constitute waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these terms without our written consent. We may assign these terms in connection with a merger, acquisition, or sale of assets.

16.5 Notices

Notices under these terms must be in writing and delivered to the addresses specified in engagement agreements or to [email protected].

17. Changes to Terms

We may update these Terms periodically. Material changes will be communicated through our website or email. Continued use of our services after changes constitutes acceptance. Changes do not apply retroactively to existing engagements.