Terms of use

Terms of Use

These are the Lumin PDF Inc. (“Lumin”) Terms of Use. These Terms of Use are a legally binding contract between you and Lumin and include our commitments to you as a service provider and your obligations to us as a customer. When we speak of “Lumin”, “we”, “us” and “our”, we are referring to Lumin PDF, Inc.

Please read these Terms of Use carefully before creating an account and using luminpdf.com, app.luminpdf.com, sign.luminpdf.com, help.luminpdf.com and any other associated websites, products, and services offered (both now and in the future) thereon (together, the “Site” or the “Service”) by Lumin.

These Terms of Use apply to the use of the Site and the Service if you are within the United States. It looks to us like you are accessing these Terms of Use from the United States. Please make sure to read the Terms of Use that apply to the use of the Site and the Service from the United States, as those are the Terms of Use that will apply to you and to which you will be bound.

1. General Terms

1.1. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, contributing content or other materials to the Site, or buying/downloading products, services, or subscriptions, you hereby accept and agree to be bound by these Terms of Use, including the warranty and disclaimers, allowed usage policy, limitations of liability, dispute resolution, and termination provisions below.

2. The Service

2.1. The Service offers users the ability to view, edit, annotate, and sign PDF documents. The Service also allows the conversion of different file formats to PDF format. The Service is provided via a web software interface and mobile software applications. When you use the Service, you provide Lumin with your content, including (but not limited to) files, content, and documents (together, the “Content”). The Service does not give Lumin the rights to any of the Content, except as needed to provide the Service. By your acceptance of these Terms of Use, you hereby agree and give Lumin permission to use your Content for the limited purpose of providing the Service and this permission extends to our affiliates, partners, and trusted third parties with whom Lumin works.

2.2. It is important for you to note that all connections with cloud storage providers are encrypted.

3. Availability of Service

3.1. Lumin will try to ensure that the Service is always available, but Lumin cannot give any guarantees of availability and the permanent full functionality of the Service. By accepting these Terms of Use, you hereby agree not to rely on the availability of this Service at any particular time and agree and acknowledge that Lumin will not be responsible for any harm or loss caused by outage or other unavailability of the Service.  See Section 15 below for more information on the extent of our liability.

4. Responsibility for Your Content

4.1. Although Lumin will endeavor to ensure that the Service is error free, we neither guarantee nor warrant that your Content will not be damaged, deleted, or lost. By accepting these Terms of Use, you hereby acknowledge and agree that you shall maintain a backup copy of all Content and that Lumin will not be responsible for any harm or loss caused by the loss of Content.

4.2. Furthermore, by accepting these Terms of Use, you agree not to upload, create, share, transmit, or otherwise process any Content on the Service that contains sensitive information, such as credit card information, social security information, and/or protected health information. You agree that you will not store, upload, share, transmit, or otherwise process any Content via the Service that falls within the definition of “Protected Health Information” under the United States Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) or current or future statutes or regulations of similar affect.

4.3. By accepting these Terms of Use, you agree that you will not take any action that would cause Lumin to violate the General Data Protection Regulation (or any other data protection laws of the European Union), the California Consumer Privacy Act of 2018 (or any other state or federal data protection laws of the United States), the bribery and corruption provisions of Part 6 of the Crimes Act of 1961, as amended, of New Zealand, the Anti-Money Laundering and Countering Financing of Terrorism Act of 2009, as amended, of New Zealand, the 6th Anti-Money Laundering Directive of the European Union, the Foreign Corrupt Practices Act of 1977, as amended, of the United States, the Bribery Act of 2010 of the United Kingdom, or any other applicable anti-bribery, anti-corruption, or anti-money laundering law of any jurisdiction.

5. Signatures

5.1. The Service provides functionality to allow you to edit and annotate PDF documents to add your signature. By accepting these Terms of Use, you hereby acknowledge and agree that:

5.1.1. Lumin makes no representation or warranty regarding the validity of any transaction sought to be facilitated if you use the Service’s electronic signature functionality or Lumin Sign;

5.1.2. Certain types of agreements and documents may be exempt from applicable electronic signature laws and Lumin is not responsible or liable to determine whether your Content can be legally executed through an electronic signature; 

5.1.3. Lumin is not a party to any agreement or document executed via an electronic signature through the Service, Lumin is not responsible for any terms within your Content executed via the electronic signature functionality of the Service, and Lumin is not responsible or liable for producing your Content executed via the electronic signature functionality of the Service to any third party, court or regulatory authority; and

5.1.4. You are responsible for the legal requirements associated with relying on an electronic signature executed using the Service for your Content, and you will indemnify and hold Lumin harmless for any resulting liability for using the electronic signature functionality of the Service.

6. Allowed Usage Policy

6.1. By accepting these Terms of Use, you hereby agree that your use of the Service will comply with the policies that Lumin may adopt from time to time to regulate use of the Service.  The terms set forth in this Section 6 outline our current policies (the “Allowed Usage Policy”). 

6.2. By accepting these Terms of Use, you hereby agree to comply with the Allowed Usage Policy, including, without limitation, Lumin setting a maximum number of files that you may upload through the Service, the maximum size of the files that you may convert through the Service, and similar restrictions that may be adopted in the future. 

6.3. We trust you to use the Service responsibly and, by accepting these Terms of Use, you hereby agree not to misuse the Service or to collude with, assist or otherwise facilitate the misuse of the Service by anyone else. Misuse of the Service includes, but is not limited to:

6.3.1. attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Site or to the Service, through hacking, password mining or any other means;

6.3.2. using the Service in any manner that could damage, disable, overburden, or impair the Service, the Site, or any associated connected network, or interfere with any other party's use and enjoyment of the Service;

6.3.3. interfering with or disrupting the information security of the Site or the Service (including, without limitation, hacking, spoofing, attempting or effecting a denial of service, mailbombing and/or sending any email that transmits, contains, or embeds, any virus or propagating worm, or any malware, whether that is spyware, adware or other similar file or program);

6.3.4. knowingly or carelessly uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or the Service;

6.3.5. creating bulk/multiple accounts to circumvent usage restrictions or consumed time on the Service;

6.3.6. masking your identity by use of a virtual private network (or any other service that encrypts your Internet traffic) in order to circumvent any aspect of these Terms of Use;

6.3.7. failing to notify Lumin of any recognized attempt by a third party to break into your account, whether or not successful;

6.3.8. transmitting false information, including “phishing” or “spoofing”;

6.3.9. selling the Service without authorization to do so;

6.3.10. harassing or abusing other users or Lumin personnel;

6.3.11. uploading, sharing, or creating Content that is unlawfully lewd or indecent, or contains acts of violence and/or acts of terrorism;

6.3.12. uploading, sharing, or creating Content to advocate against a person or group based on race, ethnicity, religion, sex, gender identity, sexual orientation, disability, or impairment;

6.3.13. publishing, posting, uploading, or otherwise distributing any material protected by intellectual property laws (or by rights of privacy or publicity), unless you have all necessary rights and consents to do so; 

6.3.14. without limiting Section 6.3.13 above, using any material or information that is made available through your use of the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; and

6.3.15. violating applicable law in any way, including violating the privacy or rights of others.

6.4. By accepting these Terms of Use, you hereby acknowledge and agree that Lumin reserves the right to review your conduct and Content for compliance with these Terms of Use, (in particular, the terms contained in this Section 6), and to remove any Content that Lumin determines, in its sole discretion, violates these Terms of Use. 

6.5. By accepting these Terms of Use, you hereby acknowledge and agree that Lumin is not, and will not be, responsible or liable to you or any third party for the Content you post, create, upload, transmit, share, or otherwise process via the Service.

6.6. By accepting these Terms of Use, you hereby agree to use the Service only as permitted by applicable law and regulations, and you are at least thirteen (13) years of age (depending on where you live).

7. License

7.1. By using the Service, and subject to your compliance with these Terms of Use, Lumin grants you a limited, personal, non-transferable, non-exclusive, revocable right to use and/or access the Service. You agree not to reproduce, display, distribute, creative derivative works, publicly display, publicly perform, sell, license, and/or resell any content, software, hardware, services and/or products obtained through your use of the Service, without the express written consent of Lumin.

8. Upgraded Accounts

8.1. The Service is provided on a free basis, but you may increase your storage space and add additional Service features by purchasing an upgraded account (“Upgraded Account”). By accepting these Terms of Use, you hereby agree to the following terms relating to Upgraded Accounts:

8.1.1. Cost. The Service may be accessed, with certain limitations, on a free basis. For example, if you use the Service through a free account, your Content will only be available for ninety (90) days from the date your Content was uploaded to the Service. After the ninety (90) day period, you may continue to access your Content by purchasing an Upgraded Account. You may also delete inaccessible Content at any time when using the Service on a free basis.

8.1.2. Billing. The fee for your Upgraded Account can be billed to you on a monthly or annual basis. Lumin will automatically bill you from the date you initiate an Upgraded Account and on each periodic renewal until cancellation by you. Lumin only accepts credit and debit card payments for an Upgraded Account. You are required to pay applicable taxes, and Lumin will charge tax when required to do so under applicable law.

8.1.3. No Refunds. All Upgraded Accounts are non-refundable, so once Lumin receives your payment, it will not be refunded, unless required by applicable law.

8.1.4. Deactivation. Your Upgraded Account will be in full force and effect until you cancel or downgrade your Upgraded Account. You are free to cancel or downgrade your Upgraded Account at any time.

8.1.5. Failure to Make Payment. Pursuant to Section 10.2.4, Lumin reserves the right to cancel, suspend, or otherwise terminate your Upgraded Account if payment is not timely received on the periodic payment date. Lumin recommends you ensure the credit or debit card associated with your Upgraded Account is always up to date and active.

8.1.6. Modification. Lumin may modify the fees in effect, but Lumin will provide you with reasonable advance notice before doing so.

8.2. Please refer to the Site pricing page for further details concerning Upgraded Accounts here: https://www.luminpdf.com/pricing/.

9. Employer or Third Party Accounts

9.1. If you use the Service via your employer or on behalf of another party, you must use it in compliance with your employer’s or such third party’s terms and policies. By accepting these Terms of Use, you hereby acknowledge and agree that the Service via your employer or a third party is subject to your employer’s or such third party’s control. Your employer’s account administrator or such third party may be able to access, control, disclose, remove, or restrict Content from your employer’s or third party’s account. Your employer’s account administrator or such third party may also be able to restrict your access to the account.

9.2. By accepting these Terms of Use, you hereby acknowledge and agree that Lumin is not, and will not be, responsible or liable to you for any restriction of your access to the Service imposed by your organization.

10. Termination

10.1. You are free to cease using the Service and terminate your account at any time.

10.2. Lumin reserves the right to terminate your account and your access to the Service if:

10.2.1. you breach these Terms of Use;

10.2.2. with respect to a circle, you breach your organization’s terms and policies regarding the use of your circle;

10.2.3. your use of the Services could or would cause harm or risk to others; or

10.2.4. you have not made timely payments for your subscription to the Service.

10.3. Lumin will endeavor to provide you with reasonable notice before terminating your account and will allow you to export your Content from the Service, unless (in either case) doing so could or would (a) cause Lumin to incur any liability, (b) compromise Lumin’s ability to provide the Service to others, or (c) Lumin to be in violation of any applicable law.

10.4. Lumin may also discontinue the Services in response to unforeseen circumstances beyond its control or to comply with applicable legal requirements. (See Section 15.1). If this occurs, Lumin will endeavor to provide you with reasonable prior notice to allow you to export your Content from the Service.

11. Privacy Policy

11.1. These Terms of Use incorporate by reference the Lumin Privacy Policy, which can be reviewed here: https://www.luminpdf.com/privacy-policy/.

12. Lumin Content

12.1. LUMIN® (in addition to all other related trade and service marks) is a registered trademark of Nitrolabs Limited (“Nitrolabs”). The Service is protected both by New Zealand, United States and other foreign copyright, trademark, and other intellectual property laws. By accepting these Terms of Use, you hereby acknowledge and agree that these Terms of Use do not grant you any right, title, or interest in or to any of Nitrolabs’ copyrights, trademarks, software, or other intellectual property, and you must obtain prior written consent from Nitrolabs before using any Nitrolabs’ copyrights, trademarks, software, or other intellectual property on your website or Content. Your use of Nitrolabs’ copyrights, trademarks, software, or other intellectual property without authorization will be considered a breach of these Terms of Use. By accepting these Terms of Use, you hereby acknowledge and agree that, as a result of any such breach of this Section 12, Lumin may terminate your account and restrict access to the Services pursuant to Section 10.2.1 and also seek injunctive or equitable relief under New Zealand, United States or other foreign laws to prevent any further breaches by you of this Section 12.

13. Copyright Policy

13.1. By accepting these Terms of Use, you hereby acknowledge and agree that you are solely responsible for your Content that is uploaded, created, shared, transmitted, or otherwise processed on the Service. You are solely responsible for your profile picture, account name, and the Content you share with other users through the Service. Lumin will not monitor your Content, but by accepting these Terms of Use, you hereby agree to comply with all applicable copyright and other intellectual property laws while using the Service. Infringing on the copyrights or intellectual property rights of others may result in legal liability to you. If your Content is alleged to have infringed on the copyrights and/or other intellectual property rights of others under New Zealand law (including, without limitation, the unauthorized transmission or communication of a third party’s intellectual property as described in Section 33 of the New Zealand Copyright Act 1994, as amended), United States law (including, without limitation, the unauthorized public display of a third party’s intellectual property as described in Section 501 of Title 17 of the United States Code, as amended), or the applicable laws of any other jurisdiction, you further acknowledge and agree that Lumin reserves the right to temporarily (in order to assess the validity of the alleged infringement claim) or permanently (in the event Lumin, in its sole discretion, determines that an infringement claim is valid) remove or disable your Content and to terminate your account pursuant to Section 10.2.1 in the event of such an infringement. By accepting these Terms of Use, you hereby acknowledge and agree that Lumin is not responsible for and will not be liable for your violation of any intellectual property law.

13.2. You should be aware that the intellectual property laws of certain jurisdictions (e.g., the European Union) may differ significantly from the laws of New Zealand and the United States.

13.3. Your Content on the Service remains yours and you own any intellectual property rights associated with your Content. However, by accepting these Terms of Use, you hereby provide consent to Lumin to access your Content if your Content and associated intellectual property rights restrict Lumin’s use of your Content to provide the Service.

14. Disclaimers

14.1. BY ACCEPTING THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) LUMIN DOES NOT PROMISE THAT THE SITE OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR THE SERVICE WILL PROVIDE SPECIFIC RESULTS; (B) THE SITE AND THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS; (C) ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE; (D) LUMIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (E) LUMIN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICE. 

14.2. By accepting these Terms of Use, you hereby acknowledge and agree that the disclaimers in Section 14.1 above apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

14.3. By accepting these Terms of Use, you hereby acknowledge and agree that Lumin reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site or the Service, or any portion of the Site or the Service, for any reason; (b) to modify or change the Site or the Service, or any portion of the Site or the Service, and any applicable policies or terms; and (c) to interrupt the operation of the Site or the Service, or any portion of the Site or the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

14.4. By accepting these Terms of Use, you hereby acknowledge and agree that this Site may contain links to other independent third-party websites. These linked websites are provided solely as a convenience to you. You hereby further acknowledge and agree that, once you have used these links to leave the Site, Lumin does not have any control over the other website and Lumin is not, and will not be, responsible for the protection and privacy of any information that you provide while visiting such websites. Such websites are not governed by these Terms of Use or the Privacy Policy. You should exercise caution and look at the privacy policy applicable to the website in question, and, by accepting these Terms of Use, you hereby waive any claim against Lumin for any liability or damages you may incur as a result of visiting any such website.

14.5. By accepting these Terms of Use, you hereby acknowledge and agree that (a) Lumin works with third party advertisers; (b) if you access our Site as a result of clicking on, or otherwise interacting with, a Lumin advertisement on another website, we are not responsible for the protection and privacy of any information that is collected by such other website; and (c) you hereby waive any claim against Lumin for any damage or liability you may incur as a result of clicking on, or otherwise interacting with, a Lumin advertisement on such other website.

14.6. By accepting these Terms of Use, you hereby acknowledge and agree that, subject to the laws of your jurisdiction, Lumin may use artificial intelligence and other automated decision-making technology (“ADMT”) to process your Content. You can opt-out and decline this agreement to permit us to use ADMT to process your Content by contacting Nitrolabs at [email protected].

15. Limitation of Liability and Indemnity

15.1. We cannot predict when issues may arise with the Service. Accordingly, by accepting these Terms of Use, you hereby acknowledge and agree that Lumin reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site or the Service, or any portion of the Site or the Service, for any reason; (b) to modify or change the Site or the Service, or any portion of the Site or the Service, and any applicable policies or terms; and (c) to interrupt the operation of the Site or the Service, or any portion of the Site or the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

15.2. By accepting these Terms of Use, you hereby acknowledge and agree that, except where prohibited by law, under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms of Use, the Site, or the Service (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.

15.3. By accepting these Terms of Use, you hereby acknowledge and agree that Lumin is not liable or responsible to you, nor will be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any term of these Terms of Use when and to the extent such failure or delay is caused by or results from acts beyond Lumin’s reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the creation of your account; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar viral or bacterial infection that may cause global outbreak, or pandemic, or serious illness; (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of Lumin.

15.4. BY ACCEPTING THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF YOU USE THE SERVICE FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, LUMIN, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. LUMIN AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES.

15.5. BY ACCEPTING THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, LUMIN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE, LUMIN’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) AMOUNT YOU HAVE PAID TO LUMIN UNDER YOUR CURRENT SUBSCRIPTION OR PREPAID SERVICE PLAN WITH LUMIN, OR (B) US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

15.6. By accepting these Terms of Use, you hereby acknowledge and agree that that you have a duty to mitigate any damages incurred by you relating to the use of the Site and the Service and that you will use reasonable efforts to minimize any damages you may incur as a result of Lumin’s actions or inactions under these Terms of Use.

15.7. By accepting these Terms of Use, you hereby acknowledge and agree that, to the extent allowed by applicable law, you will indemnify Lumin and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Site or the Service or violation of these Terms of Use. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

16. Dispute Resolution

16.1. By accepting these Terms of Use, you hereby acknowledge and agree: 

16.1.1. to make good faith efforts to come to an informal resolution of any dispute under these Terms of Use prior to commencing any formal action against Lumin;

16.1.2. to contact Lumin at [email protected] to first seek an informal resolution to any such dispute; 

16.1.3. if you have acted in good faith and you and Lumin have not reached an agreed-upon solution to a dispute within thirty (30) days of commencing negotiations, to refer such dispute to mediation in accordance with the mediation rules of the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures; and

16.1.4. if no agreement that finally resolves all the matters in such dispute is reached within thirty (30) days of the date upon which a mediator has been appointed, either Lumin or you may refer such dispute to binding arbitration before a representative member, selected by the mutual agreement of the parties, of AAA, located in San Francisco, California for final and binding determination in accordance with the Commercial Arbitration Rules of AAA.  

16.2. You can opt-out of the requirement to arbitrate disputes under these Terms of Use by contacting Nitrolabs at [email protected] within thirty (30) days from the date you first became subject to this arbitration provision (i.e., the date you initially accepted these Terms of Use). Should you not opt out of the requirement to arbitrate disputes under these Terms of Use within such thirty (30)-day period, you shall be bound by the terms of this Section 16.

17. Judicial Forum

17.1. By accepting these Terms of Use, you hereby acknowledge and agree that that any judicial proceeding to resolve claims or disputes relating to these Terms of Use will be brought by you in the courts of New Zealand, subject to the mandatory arbitration provisions above in Section 16.1.4. Both you and Nitrolabs consent to personal jurisdiction and venue in such courts. If you reside in a jurisdiction with laws that give consumers the right to bring disputes in their local courts, then these provisions do not override those laws.

18. Exceptions to Arbitration; Intellectual Property Disputes

18.1. Notwithstanding your agreement in Section 16 above to resolve all disputes through informal discussions, mediation, and, if applicable, arbitration, by accepting these Terms of Use, you hereby acknowledge and agree that Lumin may bring an action, validity determination, or claim arising from or relating to theft, piracy, infringement, or unauthorized use of intellectual property in either an appropriate United States District Court, the United States Patent and Trademark Office, or the courts of New Zealand to protect its intellectual property rights (“intellectual property rights” means patents, trademarks, trade secrets, copyrights, and moral rights, but not privacy or publicity rights).

19. No Jury Trial

19.1. By accepting these Terms of Use, you hereby acknowledge and agree that absent the mandatory arbitration provision in Section 16.1.4 above, you may have a right to sue in court and have a jury trial. You further acknowledge and agree that, in some instances, the cost of arbitration may exceed the cost of litigation, and the right to discovery in arbitration may be more limited in arbitration than in court.

20. No Class Actions or Consolidated Actions

20.1. By accepting these Terms of Use, you hereby acknowledge and agree that all claims and disputes within the scope of these Terms of Use must be brought on an individual basis and not on a class action basis and claims by one user cannot be brought jointly or consolidated with any other user unless consented to by Lumin in its sole and absolute discretion. In the event this Section 20 or Section 16 is deemed invalid or unenforceable, and neither you nor Lumin are entitled to arbitration, all claims and disputes related to these Terms of Use shall be resolved in the courts of New Zealand.

21. Survival

21.1. The following provisions in these Terms of Use shall survive termination of your account: (a) Section 15 (Limitations of Liability); (b) Section 16 (Dispute Resolution); (c) Section 17 (Judicial Forum); (d) Section 18 (Exceptions to Arbitration; Intellectual Property Disputes); (e) Section 19 (No Jury Trial); and (f) Section 20 (No Class Actions or Consolidated Actions).

22. Governing Law

22.1. These Terms of Use (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Delaware, except for its conflict of laws principles. However, some countries have laws that require agreements to be governed by the local laws of the consumer’s country and this Section 22 does not override those laws and requirements.

23. Entire Agreement

23.1. These Terms of Use and any account transactional related documentation constitute the entire agreement between you and Lumin and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms of Use. These Terms of Use create no third-party beneficiary rights.

24. No Waiver

24.1. Lumin’s failure to insist upon strict compliance with any provision of these Terms of Use or the failure to assert any right Lumin may have under these Terms of Use, including, without limitation, the right of Lumin to terminate your account, shall not be deemed to be a waiver of such provision or right or any other provision or right of these Terms of Use.

25. Modification

25.1. By accepting these Terms of Use, you hereby acknowledge and agree that we may choose to update these Terms of Use at any time (a) to reflect changes in the Service or how we do business – for example, when we add new services, features, technologies, pricing or benefits (or remove old ones), (b) for legal, regulatory or security reasons or (c) to prevent abuse or harm. You further agree to periodically revisit this page to review the then-current Terms of Use. If we materially change these Terms of Use, we will notify you and will publish the revised Terms of Use on our Site. If you do not agree with these Terms of Use or any modification to the Terms of Use, you may freely discontinue your account and use of the Services. If you continue to use the Services after the modifications come into effect, you hereby agree to be bound by the revised Terms of Use.  

26. Assignment

26.1. You may not assign any of your rights under these Terms of Use, and any such attempt will be void ab initio. Lumin may assign its rights to any of its affiliates, subsidiaries, or to any successor in interest.

27. Severability

27.1. If any provision of these Terms of Use is found unenforceable, the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be substituted.

Last updated October, 2024.