Terms of Service for LumaMind

Effective Date: Jan 1, 2025

Welcome to LumaMind. By accessing or using our website (www.lumamind.io), products, or services (collectively, the "Services"), you agree to comply with and be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our website or engaging with our Services.

If you do not agree to these Terms, you should not access or use our website or Services.

1. Acceptance of Terms

By accessing or using the Services, you agree to these Terms, including our Privacy Policy, which is incorporated by reference. We may update or modify these Terms at any time, and any changes will be posted on this page with an updated effective date. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.

2. Services Provided

LumaMind is a marketing agency providing services such as digital marketing, consulting, strategy development, content creation, SEO, social media management, and other related services ("Services"). A detailed description of the specific services you may contract for will be provided in individual contracts, agreements, or proposals.

3. Use of the Website and Services

You agree to use the Services only for lawful purposes and in a manner that does not violate the rights of others or restrict or inhibit their use of the Services. Specifically, you agree not to:

  • Use the Services for any unlawful, fraudulent, or malicious activities.
  • Attempt to gain unauthorized access to any part of the website, the Services, or any associated systems or networks.
  • Use any automated means (such as bots, scrapers, etc.) to access, retrieve, or index any part of the website without express consent from LumaMind.
  • Post or transmit any content that is harmful, defamatory, offensive, or violates the intellectual property or privacy rights of others.

4. Account Registration

Some aspects of the Services may require you to create an account with LumaMind. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify LumaMind immediately if you believe that your account has been compromised.

5. Fees and Payment

The Services may be provided for a fee, which will be outlined in individual contracts, proposals, or agreements. Payment terms, including billing cycles, due dates, and accepted payment methods, will be provided in the agreement related to the specific Services you choose.

Failure to make timely payments may result in suspension or termination of services. All fees are non-refundable, except as otherwise specified in your agreement with us.

6. Content Ownership and Rights

  • Your Content: You retain ownership of any content (including but not limited to text, images, graphics, videos, etc.) that you provide to us for the purpose of delivering our Services. By providing this content, you grant LumaMind a worldwide, royalty-free, and non-exclusive license to use, display, and distribute your content as necessary to provide the Services.
  • LumaMind Content: All content, materials, designs, software, and intellectual property created by LumaMind in connection with the Services are the sole property of LumaMind or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the deliverables provided by LumaMind for your internal business purposes only. You may not reproduce, distribute, or sell any content created by LumaMind without prior written consent.

7. Confidentiality

Both parties agree to maintain the confidentiality of all confidential or proprietary information disclosed during the course of the Services. This includes, but is not limited to, business plans, marketing strategies, and customer data.

8. Termination

Either party may terminate the relationship at any time, subject to the terms of the agreement between you and LumaMind. Termination may occur immediately if either party breaches any material term of this agreement.

Upon termination, you agree to pay all outstanding fees for services rendered up to the termination date. All rights and obligations under these Terms shall survive the termination, except for your right to use the Services.

9. Limitation of Liability

To the maximum extent permitted by law, LumaMind and its affiliates, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or in connection with your use of the website or the Services, even if LumaMind has been advised of the possibility of such damages.

Our total liability for any claim, whether in contract, tort, or otherwise, is limited to the amount you have paid to LumaMind for the Services in the six (6) months prior to the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless LumaMind, its affiliates, employees, contractors, and agents from any and all claims, losses, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or in connection with:

  • Your violation of these Terms.
  • Your misuse of the Services.
  • Your violation of any third-party rights, including intellectual property rights.

11. No Warranty

The Services are provided "as is" and "as available," without any warranties, express or implied. LumaMind does not warrant that the Services will be error-free, uninterrupted, or meet your specific needs or expectations. To the fullest extent permitted by law, LumaMind disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association (AAA).

13. Force Majeure

LumaMind will not be held responsible for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, government action, or internet outages.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, along with any agreements or policies referenced herein (including the Privacy Policy), constitute the entire agreement between you and LumaMind regarding the use of our website and Services and supersede all prior or contemporaneous communications, whether oral or written, between you and LumaMind.

16. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at:

LumaMind
6260 Laurel Suite 103
Canyon Blvd North Hollywood, CA 91606
Email: Hi@lumamind.io
Phone: 447-474-4774

‍