Terms of Service

Agreement

The following Terms of Service (the "Terms") constitute a binding agreement between you and Lumatine ("Lumatine," "we," "our," and "us"), the operator of the Lumatine platform (the "Platform"). These Terms set forth conditions regarding your access to and use of the Platform.

By accessing or using the Platform in any manner, you agree to be bound by these Terms.

Your access to and use of the Platform is on behalf of one or more organizations that you are affiliated with (each, an "Organization"). Lumatine and each of the Organizations have entered into a separate agreement (the "Organization Agreement") governing Lumatine's provision of services to that Organization. These Terms do not alter in any way the terms of the Organization Agreements. To the extent these Terms conflict with the Organization Agreements, the terms of the Organization Agreements shall control.

Modification

Lumatine reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Platform, you are indicating that you agree to be bound by any modified Terms.

Privacy

These Terms include the provisions in this document, as well as those in our Privacy Policy.

Acceptable Use

Lumatine hereby grants you permission to access and use the Platform, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

• You may only use the Platform on behalf of the Organizations and only as permitted in the Organization Agreements.
• You may not transfer your access to others or allow others to access the Platform through your own access.
• You may only use the Platform for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Platform.
• You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Platform.
• You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Platform.
• You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Platform or associated documentation.

User Accounts

You can create an account by logging into your account with certain third-party platforms ("Third Party Authenticators" including, but not limited to, Google). The Third Party Authenticator will determine what information we will be able to access and use. Your Lumatine account will be created for your use of the Platform based on the personal information you provide us or that we obtain via the Third Party Authenticator.

You and the Organizations are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Lumatine of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform. Lumatine will not be liable for any loss or damage arising from your failure to comply with this section.

If you would like us to terminate your account, please follow the procedures set forth in our Privacy Policy.

You may not transfer your account to anyone else without our prior written permission.

Content

Each Organization owns all of the content that it submits through the Platform, including any content that you or other representatives of the Organization submit through the Platform (collectively, the "Organization Content"). Other than the Organization Content, Lumatine owns all right, title and interest in and to the materials available through the Platform, including, but not limited to, text, graphics, data, articles, photos, images, videos, and illustrations (all of the foregoing except Organization Content, the "Lumatine Content").

You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the Lumatine Content, except as necessary to access and use the Platform on behalf of the Organizations in accordance with these Terms and the Organization Agreements.

Third Party Apps

You or the Organizations may choose to use certain third party products or services in connection with Platform (the "Third Party Apps"). Your use of any Third Party App is subject to a separate agreement either between the applicable Organization and the provider of that Third Party App (the "Third Party Provider") or you and the Third Party Provider. You hereby acknowledge that Lumatine does not control such Third Party Providers or Third Party Apps, and cannot be held responsible for their content, operation, or use. Lumatine does not make any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by Third Party Apps. LUMATINE HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY APPS AND FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS, and you hereby irrevocably waive any claim against Lumatine with respect to the content or operation of any Third Party Apps.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform ("Feedback"). You agree that Lumatine has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Platform.

Termination

Lumatine may immediately and without notice terminate these Terms and disable your access to the Platform if Lumatine determines, in its sole discretion, that (a) you have breached these Terms, or (b) you have violated applicable laws, regulations or third party rights. In addition, if all of the Organization Agreements expire or are terminated for any reason, Lumatine will immediately terminate these Terms and your access to the Platform. Lumatine may temporarily suspend your access to the Platform under certain circumstances set forth in the Organization Agreements.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Disclaimer of Warranties

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE PLATFORM AT YOUR OWN RISK. THE PLATFORM AND LUMATINE CONTENT ARE PROVIDED "AS IS," AND LUMATINE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. LUMATINE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE PLATFORM.

Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.

Limitation of Liability

YOUR ACCESS TO AND USE OF THE PLATFORM IS ON BEHALF OF ONE OR MORE ORGANIZATIONS. ACCORDINGLY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LUMATINE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.

Notices

Any notices or other communications permitted or required hereunder will be in writing and given by Lumatine (a) via email (in each case to the address that you provide) or (b) by posting to the website.

No Waiver

The failure of Lumatine to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Lumatine's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Lumatine may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Governing Law; Venue

The laws of the State of California, without reference to its choice or law or conflict of law rules or principles, shall govern these Terms and any dispute of any sort that might arise between you and Lumatine with respect to these Terms. Notwithstanding the foregoing, you acknowledge that since your access and use of the Platform is on behalf of one or more Organizations and subject to the Organization Agreements, any dispute arising out of your use of the Platform shall be handled in accordance with the dispute resolution process set forth in the applicable Organization Agreements.

Entire Agreement

These Terms constitute the entire agreement between you and Lumatine regarding your use of the Platform, and supersede all prior written or oral agreements other than the Organization Agreements.

Contact Us

If you have any questions about the Platform, please do not hesitate to contact us at support@lumatine.com or our contact page.