1. Introduction
Welcome to Lumena, Inc. (“Lumena,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of Lumena’s services, including our software, APIs, applications, and related support (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
2. Eligibility
The Services are intended for business use. You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization. If you are accepting these Terms on behalf of an entity, you represent that you have full authority to bind that entity.
3. Account Registration and Security
Some features require you to create an account. You are responsible for all activities that occur under your account credentials, whether authorized by you or not.
Keep your account details secure and up to date. If you suspect unauthorized use or a security breach, you must notify Lumena immediately. Failure to do so may result in suspension of your account.
4. License Grant
Lumena grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business operations, in accordance with these Terms and any applicable order forms.
You may not:
- Copy, modify, or distribute the Services except as expressly permitted.
- Reverse engineer, decompile, or attempt to extract source code.
- Use the Services for unlawful or unauthorized purposes.
5. Acceptable Use
You agree not to misuse the Services. Misuse includes, without limitation, interfering with the integrity or performance of the Services, attempting to gain unauthorized access to any systems, or using the Services to store or transmit harmful code or content.
6. Intellectual Property Rights
All intellectual property in the Services remains the exclusive property of Lumena or its licensors. Nothing in these Terms grants you ownership rights. You may use Lumena’s trademarks and brand elements only with prior written consent.
7. Fees and Payment
If your use of the Services requires payment, fees will be set forth in your order form or subscription agreement. Payment terms will apply as stated in those documents.
Unless otherwise specified:
- Fees are due within 30 days of invoice.
- Late payments may incur interest at the maximum rate allowed by law.
8. Service Availability and Updates
Lumena strives to maintain high availability but does not guarantee uninterrupted service. We may update, modify, or discontinue features at any time to improve performance, security, or compliance. Where possible, we will provide advance notice of significant changes.
9. Termination
Either party may terminate these Terms if the other party breaches a material obligation and fails to remedy it within 30 days of written notice.
Upon termination:
- All licenses granted to you will end.
- You must cease using the Services and delete any Lumena-provided materials in your possession.
10. Disclaimers
The Services are provided “as is” without warranty of any kind, whether express, implied, or statutory. Lumena disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
To the maximum extent permitted by law, Lumena’s total liability for any claim under these Terms will not exceed the amount paid by you for the Services in the 12 months preceding the event giving rise to the claim. Lumena will not be liable for indirect, incidental, or consequential damages.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, unless the parties agree to arbitration in writing.
13. Changes to Terms
We may update these Terms at any time. Changes will be effective when posted, with the “Effective Date” updated accordingly. We encourage you to review the Terms regularly.
14. Contact Us
Questions about these Terms should be sent to:
Lumena, Inc.
1007 North Orange Street, 4th Floor
Wilmington, DE 1980
legal@lumena.com
