Welcome to Luma Works, LLC ("Company," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our Software-as-a-Service (SaaS) platform, website, and associated services (collectively, the "Service"). By accessing or using the Service, you ("Customer" or "you") agree to comply with and be bound by these Terms. If you do not agree, do not use the Service.
1 Acceptance of Terms
By creating an account, accessing, or using our Service, you affirm that you are at least eighteen (18) years of age and capable of entering into legally binding agreements. You also agree to comply with all applicable laws and regulations when using the Service.
2 Account Registration
To use the Service, you may be required to create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and all activities occurring under your account. Notify us immediately of any unauthorized access or security breach.
3 License & Permitted Use
We grant you a limited, non-exclusive, non-transferable license to use the Service solely for its intended purpose. You agree not to:
- Modify, reverse-engineer, or create derivative works of the Service. Subscription to the Service under false pretenses, including for the purpose of competitive research or reverse engineering, is strictly prohibited and constitutes a violation of these Terms. Such actions may be considered corporate espionage and may result in legal action.
- Use the Service for unlawful, harmful, or fraudulent purposes. Any use of the Service for illegal activities will result in immediate termination and may result in legal action, including cooperation with law enforcement authorities.
- Resell, sublicense, or exploit the Service for competitive analysis.
- Use automated tools or bots to interact with the Service without prior written consent.
4 Customer Data & Ownership
4.1 Customer-Owned Data
You retain ownership of all data you input into the Service ("Customer Data"). Customer Data will be retained for 30 days following account termination to allow for data retrieval. After this period, the data will be permanently deleted unless otherwise required by law. Users may request early deletion of their Customer Data before the default retention period expires by submitting a written request to Luma Works.
4.2 Anonymized & Usage Data
We collect, analyze, and use aggregated and anonymized data derived from Customer Data and Service usage ("Usage Data") for improving the Service, analytics, and commercial purposes. This Usage Data will not include personally identifiable information. Users may request details on how their anonymized data is used and may opt out of such data collection by submitting a written request to Luma Works.
5 Privacy & Security
Our use of your personal information is governed by our Privacy Policy. We implement industry-standard security measures to protect Customer Data, but you are responsible for safeguarding your credentials.
6 SMS & Voice Communications
By providing your phone number and opting in to receive communications from Luma Works, you consent to receive SMS text messages, phone calls, and voice messages from us, including through automated dialing systems and artificial or prerecorded voices. These communications may include, but are not limited to:
- Account notifications and alerts
- Project updates and crew coordination messages
- Appointment reminders and scheduling confirmations
- Service-related announcements and updates
- Customer support communications
- Marketing and promotional messages (if separately opted in)
6.1 Consent & Opt-In
Your consent to receive SMS and voice communications is not a condition of purchasing any goods or services. You may opt in to receive messages by providing your phone number during account registration, checking a consent box, or by texting a designated keyword to our short code or phone number.
6.2 Message Frequency
Message frequency varies based on your account activity and preferences. You may receive multiple messages per day depending on your Service usage and notification settings.
6.3 Opting Out
You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. You may also opt out by contacting us at [email protected] or by updating your notification preferences in your account settings. After opting out, you will receive a confirmation message and will no longer receive SMS communications from us, except for critical account security alerts as permitted by law.
6.4 Help & Support
For help with our SMS service, reply HELP to any message or contact us at [email protected] or call (919) 213-0939.
6.5 Message & Data Rates
Standard message and data rates may apply to any SMS messages sent or received, depending on your mobile carrier and plan. Luma Works is not responsible for any charges incurred from your mobile carrier.
6.6 Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator and is not guaranteed.
6.7 Supported Carriers
Our SMS service is supported by major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and most regional carriers. However, we cannot guarantee compatibility with all carriers or devices.
6.8 Privacy of Phone Numbers
We will not sell, rent, or share your phone number with third parties for their marketing purposes without your explicit consent. Your phone number will be used solely for the purposes outlined in these Terms and our Privacy Policy.
TCPA Compliance: By providing your phone number and consent, you agree that Luma Works and its service providers may contact you using automated technology, including auto-dialers and prerecorded messages, at the phone number provided. This consent applies to calls and texts for both transactional and, if separately opted in, marketing purposes in accordance with the Telephone Consumer Protection Act (TCPA) and applicable state laws.
7 Subscription, Payment, & Fees
7.1 Subscription Plans
Access to certain features requires a paid subscription. By subscribing, you agree to pay all fees associated with your chosen plan.
7.2 Payment Terms
Fees are billed in advance on a monthly or annual basis. All payments are non-refundable unless otherwise specified.
7.3 Late Payments
Failure to pay may result in penalties, service suspension, or termination. Late payments may incur interest charges and administrative fees.
7.4 Paid Work-for-Hire Services
The Company may offer optional, paid professional services ("Work-for-Hire Services"), including consulting, implementation, and support, subject to separate agreements.
8 Termination
Either party may terminate the agreement with written notice. Email will suffice. If the customer terminates a subscription early without cause, the customer remains responsible for the full payment of the remaining subscription period, and no refunds will be issued unless otherwise required by law. Upon termination, access to the Service will be revoked. Customer Data will be retained for 30 days for data retrieval before permanent deletion unless required by law.
9 Service Maintenance & Uptime
The Service is provided "as is" without warranties of any kind. While we strive for high availability, scheduled maintenance and unplanned outages may occur. We provide advance notice for planned maintenance whenever feasible.
10 Disclaimers & Limitation of Liability
10.1 Disclaimers
The Service is provided "as is" and "as available" without warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
10.2 Limitation of Liability
To the fullest extent permitted by law, Luma Works and its affiliates are not liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of data, revenue, or profits arising from your use of the Service.
11 Indemnification
You agree to indemnify and hold harmless Luma Works, its affiliates, officers, employees, and agents from any claims, liabilities, damages, and expenses arising out of:
- Your violation of these Terms.
- Your misuse of the Service.
- Any unauthorized, illegal, or prohibited use of the Service.
- Any claim arising from content or data provided by you or your users.
12 Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of North Carolina. If you are an international user, local laws may also apply to your use of the Service where applicable, but any disputes shall be resolved under North Carolina jurisdiction unless otherwise required by law.
Any disputes will be resolved through mandatory arbitration in Raleigh, North Carolina, except in cases where equitable relief is sought or where arbitration is not permitted by law. The customer shall be responsible for all costs associated with arbitration, including but not limited to filing fees, arbitrator expenses, and legal costs, unless otherwise required by law.
13 Changes to Terms
We may update these Terms at any time. Material changes will be communicated through email or website notifications. Continued use of the Service after changes constitutes acceptance of the updated Terms.