LUME CUSTOMER TERMS   

These terms (Customer Terms) tell you the terms that apply in connection with your subscription to the LUME website https://lumeapp.io and mobile applications (the LUME Platform). This is a legally binding contract.  By subscribing to the LUME services (LUME Membership) you confirm that you accept these Customer Terms as well as the other relevant terms which are set out below and that you agree to comply with them at all times. If you do not agree to these Customer Terms, you must not use your LUME Membership or the LUME Platform. We reserve the right to restrict, suspend or terminate your LUME Membership and use of the LUME Platform at any time if we believe, in our absolute discretion, that you have breached these Customer Terms or any other terms.  

THE LUME PLATFORM

The LUME Platform is intended to help organisations like yours to understand issues relating to the mental wellbeing and engagement of their employees, referred to in this document as Users, and to help organisations like yours put strategies in place to improve their employees mental wellbeing, engagement and/or satisfaction.  The LUME Platform will provide you access to a live reporting dashboard. It is for informational purposes only, it is not intended as a substitute for medical or other professional advice.  

The LUME Platform is aimed at people 16 years of age and older – it is not suitable or intended to be used by minors and you are responsible for ensuring that any users of the LUME Platform are over 16 years old (Users). We make no warranties or representations about the accuracy, usefulness, or effectiveness of the LUME Platform and we will not have any responsibility or liability for any consequences arising directly or indirectly from any action or inaction taken based on the LUME Platform.

THERE ARE OTHER TERMS THAT WILL APPLY TO YOU

These Customer Terms refer to the following additional terms, which also apply to your use of the LUME Platform:li

  • Our User Terms: These set out the terms of use that apply to any users of the LUME Platform. 
  • Our Privacy and Cookie Policy: This explains how we may use your personal information and sets out information about the cookies on the LUME Platform.
WE MAY MAKE CHANGES TO YOUR LUME MEMBERSHIP, THESE CUSTOMER TERMS AND THE LUME PLATFORM

Minor Changes.  We may make minor changes to these Customer Terms your LUME Membership or the LUME Platform:

  • to reflect changes in relevant laws and regulatory requirements; and
  • to change the methods of payment we accept; and
  • to implement minor technical adjustments and improvements, for example to address a security threat. 

Significant Changes.  In the event we make any significant changes to these Customer Terms, your LUME Membership or the LUME Platform we will take all reasonable steps to notify you in advance.    If you do not want to want to accept these changes then you may have the right to terminate your LUME Membership. Please note depending on the change(s) you may not be due any refund for your LUME Membership in this instance. 

LUME MEMBERSHIP

LUME Membership. To take out a LUME Membership you:

  • must be over 18 years of age;
  • must complete any verification or other processes we require;
  • agree that if you are buying a LUME Membership on behalf of a corporate entity or other entity you warrant that you have all necessary permissions and authority to bind that entity; 
  • agree you shall not use a LUME Membership if you are a direct competitor of LUME and the services which LUME offers and are investigating LUME for competitive research.

LUME reserves the right to reject your LUME Membership at its sole and absolute discretion without reason.

Subject to compliance with these Customer Terms and all other terms in connection with the LUME Platform and in particular receipt of full payment of your LUME Membership, you are granted during the term of your LUME Membership a non-transferable, non-exclusive, non-sublicensable license to permit the Users to access the LUME Platform for non-commercial use only. You understand that your use of the LUME Platform does not confer to you any intellectual property rights held by LUME and/or its licensors. You and your Users are merely given a license to use the LUME Platform in connection with your LUME Membership in accordance with these Customer Terms and the User Terms.

YOUR OBLIGATIONS

By taking out a LUME Membership you agree the following:

Your information is accurate. You represent and warrant to us that any information you provide to LUME, in connection with your LUME Membership including any contact information, is accurate and that you will keep it accurate and up to date

Communications from LUME. By creating a LUME Membership account, you agree to receive communications about important administrative issues relating to your account (including technical, security-related, privacy and functional issues and important feature or service updates).

Compliance with applicable laws and Data Privacy. You are responsible for complying with applicable laws, in particular in connection with data protection and ensuring you comply with any legal requirements have any consents required e.g. sending out surveys to employees.

Destroying LUME content and materials. In the event your LUME Membership expires or is cancelled (for any reason) you must promptly destroy all content downloaded or otherwise obtained through LUME as well as copies of such materials.

Permitted Number of Users.  Based on your LUME Membership you will be allocated a fixed amount of licences (Seats) which totals the permitted number of users who shall have access to the LUME Platform for the duration of the Membership. Should you wish to add additional Seats, you will need to contact LUME to agree to an increase in your total number of Seats, at an additional charge.

Own risk.  You use your LUME Membership and understand and agree that the LUME Platform is used at your own risk and the risk of any Users.  You agree that you are responsible for the use by any Users of the LUME Platform. 

Permitted Number of Users.  Based on your LUME Membership you will be allocated a fixed amount of licences (Seats) which totals the permitted number of users who shall have access to the LUME Platform for the duration of the Membership. Should you wish to add additional Seats, you will need to contact LUME to agree to an increase in your total number of Seats, at an additional charge.

Provided on an “as is” basis.  The LUME Platform is provided on an “as is” basis and we disclaim to the fullest extent permitted by law all warranties, express or implied, statutory or otherwise.  Specifically, we make no representations, warranties or guarantees about the following:

  • the accuracy, reliability, completeness, correctness or timeliness of the LUME Platform or communications provided on or through the use of the LUME Platform;
  • that the LUME Platform will be uninterrupted, or free or errors, viruses, or other harmful components. 

Availability of the LUME Platform.  We may discontinue or make changes to the LUME Platform at any time.  If this has a material impact to your LUME Membership you may be entitled to a refund.   We do not guarantee that your LUME Membership or the LUME Platform will be available at all times and on an uninterrupted basis.  

Disabling Access.  We reserve the right, without liability, to disable your LUME Membership and any access by you or any Users  to the LUME Platform if you are in breach or we have reasonable grounds to suspect you are in breach of these Customer Terms, or you or any Users are in breach of the Users terms or any other terms.

Commercial Use.  You, and procure that any Users, shall not display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes  any content from the LUME Platform.

PRICE AND PAYMENT  

Membership pricing.  The pricing for the LUME Membership shall be provided to you by LUME based on your Membership requirements and confirmed to you formally via email in the form of a digital invoice..  We take all reasonable care to ensure that the price of the LUME Membership advised to you is correct.It is always possible that, despite our best efforts, the LUME Membership pricing is incorrect.  If the price you have been given is lower than the LUME Membership price which should apply we will contact you to inform you and you may terminate your LUME Membership and we will refund you any sums you have paid.  If the price you have been given is higher than the LUME Membership price which should apply we will refund you the difference.

Payment Method and Payment Cycle. Direct debit or direct bank transfer are our preferred methods of payment. We also accept most credit and debit cards. You may update your payment method by contacting us at hello@lumeapp.io. We will take payment at or soon after the point that you register for your LUME Membership. Unless you cancel your LUME Membership before your next billing date, you authorise us to charge the LUME Membership fee for the next payment cycle to your payment method. You must ensure that you have a valid payment method prior to your next payment cycle. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your LUME Membership, we may suspend your access to the service until we have successfully charged a valid payment method. You are responsible for any charges such as foreign transaction fees or other fees relating to the processing of your payment method.

14 Day Cancellation Period. If you cancel your LUME Membership within the first 14 days we will provide you with a pro-rata refund. After the 14 day LUME Membership period you can cancel your LUME Membership at any time, and you will continue to have access to the LUME Platform through the end of your LUME Membership subscription period (e.g. 1 year). To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial LUME Membership periods.

Changes to pricing. We may change your plans and pricing from time to time; however, any plan or pricing changes will apply no earlier than 30 days following notice to you. If you are unhappy with any such price increase you are able to terminate your LUME membership by providing us written notice within 30 days of such change.

OUR RIGHTS TO END YOUR LUME MEMBERSHIP OR ACCESS TO THE LUME PLATFORM

We may end your LUME Membership or access to the LUME Platform if you breach these Customer Terms or any other terms.  If we reasonably believe that you have breached these Customer Terms or any other terms, we may immediately terminate your LUME Membership with you upon written notice and cease to provide you access to the LUME Platform and any benefits. 

We may withdraw the LUME Platform. We may write to you to let you know that we are going to stop providing the LUME Platform. We will let you know at least one month in advance of our stopping the supply of the LUME Platform. 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We exclude all implied conditions, warranties, representations or other terms that may apply to your LUME Membership or your use or Users use of the LUME Platform .We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, your LUME Membership;  
  • use of, or inability to use, the LUME Platform by yourself or any Users; or
  • use of or reliance on any content displayed on the LUME Platform.

In particular, we will not be liable for:

  •   loss of profits, sales, business, or revenue;
  •   business interruption;
  •   loss of anticipated savings;
  •   loss of business opportunity, goodwill or reputation; or
  •   any indirect or consequential loss or damage.

If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of LUME Platform shall be limited to £100.

INDEMNIFICATION

You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including reasonable legal fees (Claims), that arise from your breach of these Customer Terms, any breach of the User Terms, your use or misuse of your LUME Membership or any use or misuse of the LUME Platform by you or any Users. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defences.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information you disclose to us in connection with the LUME Platform to fulfil our obligations under these Customer Terms and as set out in our Privacy Policy. 

OTHER IMPORTANT THINGS YOU SHOULD KNOW

We may transfer this agreement and your LUME Membership to someone else. We may transfer our rights and obligations in respect of your LUME Membership and these Customer Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Customer Terms. 

If a court finds part of these Customer Terms illegal, the rest will continue in force. Each of the paragraphs of these Customer Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

Even if we delay in enforcing these Customer Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Customer Terms, or if we delay in taking steps against you in respect of your breaking these Customer Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the LUME Platform, we can still require you to make the payment at a later date. 

Governing Law and Jurisdiction. These Customer Terms are governed by English law and under the jurisdiction of the English courts.

Last updated 7th October 2020