TERMS OF SERVICE
LAST UPDATED: 4/1/2025
These Terms of Service set forth the terms and conditions upon which Lumate Technologies, Inc. ( “we” or “our” or “us”) offer you access to our proprietary cloud-based software services (the “Services”) and mobile app (the "App"). By using Lumate.ai, the Lumate app or otherwise accessing or using the Services, you are entering into a legally enforceable contract with us. If you do not agree to these Terms of Service, do not access the Services.
1. LICENSE GRANT AND PROHIBITED USE OF THE SERVICES
1.1. License Grant. Subject to your compliance with the terms and conditions of these Terms of Service, we grant you a non-exclusive, non-transferable, revocable right and license to use the Services strictly for user testing purposes.
1.2. Prohibited Use of the Services. You shall not: (i) modify, copy, display, republish or create derivative works based on the Services; (ii) reverse engineer the Services; (iii) access or use the Services to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services; (iv) use the Services in any way prohibited by applicable law or that would cause either party to violate applicable law including, but not limited to uploading, sending or storing: (1) spam or other duplicative or unsolicited messages; (2) infringing, obscene, threatening, libelous, or other unlawful material; (3) blocked services; or (4) viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (v) use the Services to run automated queries to external websites; (vi) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (vii) attempt to gain unauthorized access to the Services or their related systems or networks; (viii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services; (ix) perform penetration or load testing on the Services; or (x) conduct any public benchmarking or comparative study or analysis involving the Services.
2. YOUR ACCOUNT
2.1. Registration. You may get an option to register for an account to access and use the Services. By registering for an account and/or accessing and using the Services, you represent and warrant that: (i) you are at least 13 years old, (ii) you have read, understand, and agree to be bound by these Terms of Service, as may be amended from time to time, and (iii) any information you provide to us, both when you register for an account and in the future, is and will be true, accurate, current, and complete.
2.2. Account Information. You are responsible for maintaining the confidentiality of your account login credentials and for all access to and use of the Services through such login credentials (whether or not authorized by you). You may not share your account with anyone, and you agree to immediately notify us of any unauthorized use or disclosure of your login credentials by sending an email to support@lumate.ai. You agree to keep your password secure. We will not be liable in any way if we are unable to retrieve or reset a lost password. You agree that we may deny access, use, and/or registration privileges to any account of the Services at any time and in our sole discretion, including if we have reason to believe an account was created with false information or otherwise used for fraudulent purposes. If you make changes to your settings or user permissions within the Services, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.
3. ANONYMOUS ACCESS
You may access certain features of the Services without registering for an account. Such anonymous access is subject to these Terms of Service. By accessing the Services anonymously, you agree to the following:
3.1. You are solely responsible for your own actions while using the Services and for any consequences thereof.
3.2. You understand that your usage data may be collected and used as described in our Privacy Policy, even if you do not register an account. However, such data will be anonymized to the extent possible to protect your privacy.
3.3. You acknowledge that certain features, functionalities, and content may not be available to you when accessing the Services anonymously. To gain full access, you may be required to register for an account as described in Section 2.2.
3.4. We reserve the right to limit or restrict anonymous access to the Services at any time and for any reason, including but not limited to system maintenance, security concerns, or violation of these Terms of Service.
3.5. You agree that we may, at our sole discretion, terminate or suspend your anonymous access for conduct that we believe violates these Terms of Service or is harmful to other users of the Services, us, or third parties, or for any other reason.
4. CONTENT
4.1. Submissions of Content. You may submit content and other information to the Services through your account (“Content”). You agree that you are solely responsible for your Content, including its legality, reliability, accuracy, and appropriateness, your Content complies with these Terms of Service, and you have all rights in your Content as necessary to grant the license granted herein.
4.2. License to Use the Content. Unless otherwise agreed by the parties, any Content you submit to the Services through your account remains your property, and you may choose to make it available to others. By posting, uploading or otherwise submitting Content to the Services, you grant us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free, fully-paid up license to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, process, analyze, index, tag, use and commercialize such Content in any media, form or format now known or hereafter developed, in any manner that is consistent with our Privacy Policy and applicable law.
4.3. Right to Remove Content. While we are not responsible for Content, we may, but have no obligation to monitor, review or edit Content. In all cases, we reserve the right to remove any Content for any or no reason, including Content that we determine in our sole discretion violates these Terms of Service, threatens the personal safety of our users or the public, or could create liability for us. We may take these actions without prior notification to you, and shall have no liability resulting from any such action.
5. OWNERSHIP AND FEEDBACK
5.1. Ownership of the Services. We retain all intellectual property rights in and to the Services (including all copyrights, patents, service marks, trademarks and any other proprietary rights), including, but not limited to any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation. We also retain all proprietary marks, legends, patent and copyright notices that appear on the Services.
5.2. Feedback. You grant to us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free, fully-paid up license to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, process, analyze, index, tag, use and commercialize any request, comments, suggestion, recommendation, correction, or other feedback provided by you related to the Services.
6. PRIVACY POLICY
Our Privacy Policy is incorporated into and made part of these Terms of Service by reference, and you hereby agree to the terms of the Privacy Policy.
7. TERM AND TERMINATION
7.1. Term. Your access to the Services shall begin on the date you register for the Services and shall continue until terminated in accordance with this Section 6.
7.2. Termination. You may terminate your access to the Services at any time by deleting or deactivating your account. We reserve the right to monitor your use of the Services and to suspend or terminate your use of the Services without notice at any time for any reason in our sole discretion.
7.3. Effect of Termination. Upon the termination of these Terms of Service, all license rights granted to you hereunder shall automatically and immediately cease.
7.4. Survival. All sections of these Terms of Service that by their nature should survive termination shall survive, including without limitation, Section 4 (Ownership and Feedback), Section 7 (Indemnification), Section 8 (Disclaimer), Section 9 (Limitation of Liability), and Section 10 (General).
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and each of our officers, directors, employees, contractors, licensors, agents, representatives, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of these Terms of Service, (ii) your Content, and (iii) your use of the Services.
9. DISCLAIMER
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES (OR ANY CONTENT OR MATERIALS AVAILABLE IN CONNECTION THEREWITH) WILL MEET YOUR SPECIFIC REQUIREMENTS.
The parties acknowledge that the disclaimers of warranties set forth in this Section are an essential element of these Terms of Service, and the parties would not have entered into these Terms of Service without such disclaimers of warranties. Notwithstanding the foregoing, certain jurisdictions limit disclaimers of warranties. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Service will remain in effect to the fullest extent permitted by law.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR RESPECTIVE LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, COST OF REPLACEMENT OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US OR OUR LICENSORS UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, EXCEED $500.
The parties acknowledge that the limitation of liability and release set forth in this Section are essential elements of these Terms of Service between the parties, and the parties would not have entered into these Terms of Service without such limitation of liability and release. Notwithstanding the foregoing, certain jurisdictions limit limitations of liability and releases. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Service will remain in effect to the fullest extent permitted by law.
11. GENERAL
11.1. Gift Card. In connection with your feedback of the Services, in our sole discretion we may send you an Amazon (or similar) gift card to the email address associated with your account. Gift cards are not redeemable for cash and are not transferable.
11.2. Force Majeure. We will not be liable for failure or delay to perform our obligations under these Terms of Service to the extent caused by circumstances beyond our reasonable control.
11.3. Assignment. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms of Service without the prior written consent of us. We have the right, in our sole discretion, to transfer or assign all or any part of its rights under these Terms of Service and will have the right to delegate or use third parties to fulfill our duties and obligations under these Terms of Service and in connection with the Services.
11.4. Relationship of Parties. These Terms of Service do not create any agency, partnership or joint venture between the parties.
11.5. Governing Law. These Terms of Service are governed by the laws of the State of California, without reference to its conflict of laws principles.
11.6. Notices. Our notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms of Service. You must provide any notice to us in writing and send via email to support@lumate.ai.
11.7. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms of Service.
11.8. Severability. If any term (or part of a term) of these Terms of Service is invalid, illegal or unenforceable, the rest of the Terms of Service shall remain in effect.
11.9. Amendment. We may amend these Terms of Service at any time. When we do, we will let you know by appropriate means such as by posting the revised statement on this page with a new “Last Updated” date. Changes to these Terms of Service will become effective when posted, unless indicated otherwise. If you object to any changes, you must close your account in accordance with Section 6 (Term and Termination).
11.10. Entire Agreement. These Terms of Service constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof.
12. TEXT MESSAGING AND SMS COMMUNICATIONS
12.1. User Consent to Receive Messages. By providing your phone number to us, you consent to receive SMS or text messages from Lumate Technologies, Inc. These messages may include service-related updates, reminders, support communications, wellness tips, and other transactional or informational messages regarding your use of the Services.
12.2. Opt-In and Opt-Out. You may opt-in to receive SMS messages through explicit consent at the time of account registration or through your user settings. You may opt-out of receiving SMS messages at any time by replying “STOP” to any message or updating your preferences in your account settings. You may also contact us at support@lumate.ai to manage your communication preferences.
12.3. Message and Data Rates. Message and data rates may apply depending on your mobile carrier and service plan. You are solely responsible for any such charges incurred in connection with SMS communications from us.
12.4. Frequency and Reliability. Message frequency may vary based on your usage of the Services and your communication preferences. We do not guarantee timely, accurate, or successful delivery of SMS messages as it depends on third-party networks.
12.5. Third-Party Services. We may use third-party service providers to facilitate SMS communications. By consenting to receive messages from us, you acknowledge that your phone number and message content may be shared with these providers solely for the purpose of delivering SMS communications in compliance with applicable laws.
12.6. Prohibited Use. You agree not to misuse the SMS feature, including but not limited to sending unauthorized messages, harassing other users, or attempting to interfere with delivery systems.
12.7. SMS for Authentication. We may use SMS as a method to verify your identity and provide secure access to your account, including but not limited to sending one-time passcodes (OTPs) or login confirmation codes. By using our Services, you agree to receive such authentication-related messages for security purposes. Disabling SMS may affect your ability to securely access certain features of the Services.
For any questions, email us at support@lumate.ai