Effective Date: June 19, 2021

Terms of Use

Your use of lumopath.ai constitutes your agreement to all terms contained herein. Please read them carefully.

Welcome to Lumopath

The lumopath.ai website (the "Site") is comprised of various web pages operated by Lumopath, Inc. lumopath.ai is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

lumopath.ai is a workplace communication and productivity analytics site used for improving your workplace communication, productivity, engagement and culture.

Electronic Communications

Visiting lumopath.ai or sending emails to Lumopath, Inc constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lumopath, Inc is not responsible for third party access to your account that results from theft or misappropriation of your account. Lumopath, Inc and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Lumopath, Inc does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use lumopath.ai only with permission of a parent or guardian.

Cancellation & Refund Policy

You may cancel your subscription at any time. Please contact us at support@lumopath.ai with any questions.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use lumopath.ai strictly in accordance with these terms of use. You warrant to Lumopath, Inc that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lumopath, Inc or its suppliers and protected by copyright and other laws. You agree to observe and abide by all copyright and other proprietary notices contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found on the Site. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lumopath, Inc and the copyright owner.

Third Party Accounts

You will be able to connect your Lumopath, Inc account to third party accounts. By connecting your Lumopath, Inc account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others in accordance with your privacy settings on those third party sites. If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Lumopath, Inc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lumopath, Inc Content accessed through lumopath.ai in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Lumopath, Inc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Lumopath, Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lumopath, Inc in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. A party may bring claims against the other only in each party's individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding.

Unless both you and Lumopath, Inc agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

Legal Disclaimer

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Lumopath, Inc and/or its suppliers may make improvements and/or changes in the Site at any time.

Lumopath, Inc and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind.

To the maximum extent permitted by applicable law, in no event shall Lumopath, Inc and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Termination & Access Restriction

Lumopath, Inc reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. This agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lumopath, Inc with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lumopath, Inc with respect to the Site. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Lumopath, Inc reserves the right, in its sole discretion, to change the Terms under which lumopath.ai is offered. The most current version of the Terms will supersede all previous versions. Lumopath, Inc encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Lumopath, Inc welcomes your questions or comments regarding the Terms:

Lumopath, Inc.
2261 Market Street #5332
San Francisco, CA 94114