Legal
Terms and Conditions
Last updated: January 30, 2020

Please read these terms and conditions carefully (“Terms and Conditions”), as they will govern your use of our site (as defined below), our platform, and of our services (as defined below).

Lumina Technologies Inc. (“Lumina” or the “Company”) provides an online cryptocurrency software solution and platform (“Lumina Platform”), including the associated mobile applications, lumina.app website (“Site”), and other interactions (e.g., customer service inquiries, user support services, etc.) (collectively, the “Services”). Lumina does not issue any Digital Assets (as defined below) to Lumina’s Users, nor do we build blockchains or maintain custody of any client cryptocurrency assets. Should you have any questions or comments regarding our Site, Lumina’s Platform, or our Services, please contact us at: inquiries@lumina.app.

1. Preliminary Provisions

Terms and Conditions

You must agree to all of the conditions in these Terms and Conditions. If you are under the age of eighteen (18) or the legal age for entering legally binding contracts under applicable laws, you are not permitted to use this Site at all. Misrepresentation of your age to gain access to our Site is considered a breach of our Terms of Use and these Terms and Conditions,Terms and may constitute computer hacking under applicable law.

Definitions and Introductory Terms

Lumina owns and operates the Site, including the Lumina Platform and any associated Services. In these Terms and Conditions, all references to the “Company” shall mean Lumina.

The “Site” shall refer to the following website: https://www.lumina.app

The Site may contain images and content, including, but not limited to, text, software, images, graphics, data, messages or any other information, and any other website content owned, developed, designed, operated, licensed, or controlled by the Company (collectively, “Materials”).

As the user of this Site (the “User”), our Terms of Use will refer to the User as “you” or through any second-person pronouns, such as “your,” “yours,” etc.

For the purposes of these Terms and Conditions, all Customers (as defined below) are Users, but not all Users are Customers. The Terms of Use apply to all Users, whether they are Customers or not. You become a User by accessing this Site in any way. You need not become a Customer of the Site to make our Terms of Use apply to you.

You become a “Customer” by entering into a written agreement with the Company relating to use of Lumina’s Platform and Services, including, without limitation, a “Lumina Subscription Agreement” or “Proof of Value Agreement” (each, a “Customer Agreement”), and the Company thereafter registering you with the Site using a Customer ID and password, as discussed below. Only Customers may access the Lumina Platform.

Hereinafter, the Company and you may collectively be referred to as the “Parties” and each, a “Party”.

Intent to Be Bound

These Terms and Conditions are a legal contract between you and the Company. You should treat it as any other legal contract by reading its provisions carefully, as they will affect your legal rights. By accessing the Site or using Lumina’s Platform or services in any manner, you are deemed to have read, understood, and agreed to be bound by all of the terms contained in these Terms and Conditions. You may not pick and choose which terms apply to you. If you do not agree with all of the terms in these Terms and Conditions, you must cease all access and use of the Site, the Lumina Platform,and any other services provided by the Company. Nothing in these Terms and Conditions is intended to create any enforcement rights by third parties.

Consideration

Consideration for your acquiescence to all of the provisions in these Terms and Conditions has been provided to you in the form of allowing you to use our Site, our Platform and our Services, including in the case of a Customer, entrance into a Customer Agreement. You agree that such consideration is both adequate, and is received upon your viewing or using any portion of any of our Site, including the Platform, and/or Services.

Electronic Signatures / Assent Required

No one is authorized or allowed to access this Site, including the Platform, unless he, she or it has signed theseTerms and Conditions. Such signature does not need to be a physical signature, since electronic acceptance of these Terms and Conditions is permitted by various jurisdictions’ laws. Additionally, by using or viewing any part of our Site in any manner, you understand and agree that such use constitutes your affirmation of your complete and unconditional acceptance to all of the Terms of Use as published on our Site.

Illegal Activities

You acknowledge and agree that you are aware of the legality of using our Site in your relevant local jurisdiction, and you agree that you will not use the Site, if such use is prohibited or otherwise violates the laws of your state, province, country or other jurisdiction.

Revisions to these Terms and Conditions

From time to time, we may revise these Terms and Conditions, as well as our Terms of Use. We reserve the right to do so, in our sole and absolute discretion, and you agree that we have this unilateral right. Your continued use of the Site shall be deemed acceptance of the then prevailing terms and conditions. You agree that all modifications or changes to these Terms and Conditions and/or our Terms of Use are in force and enforceable immediately upon posting. You assume all responsibility for your failure to periodically review our Site, and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms.

Privacy Policy Incorporation by Reference

Although our Terms of Use and these Terms and Conditions represent the primary terms and conditions with respect to our Services, certain additional guidelines and rules are hereby incorporated by reference. The Privacy Policy, which can be found on our Site, is specifically incorporated by reference, and forms an integral part of these Terms and Conditions.

2. Customers

Access and Limited License

All Users may access certain public areas of the Site; however, only Customers may use the Lumina Platform or our Services. You understand that all we are providing to you is access to our Site as we provide it. You are solely responsible for acquiring any hardware, software, device, Internet access and other items required for you to use or access the Site and utilize our Platform. Any associated fees, expenses or other charges that you incur to access our Site and use of our Platform and Services are your sole responsibility.

Digital Assets

We do not provide or issue our Customers any virtual currency whatsoever. You acknowledge and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of your Digital Assets, and that the Company does not give advice or recommendations regarding Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You acknowledge and agree that you shall access and use the Site, Lumina’s Platform, and our Services, at your own risk.

Digital Asset Values

Our Platform uses third party market value data to value your Digital Assets in connection with our Services to you. You understand and agree that, due to technical and other restrictions, any Digital Asset market values displayed or otherwise incorporated or used on the Site or in our Services, including the Lumina Platform, may be delayed and therefore not reflect the current, live market value of such Digital Asset. Our data providers may update historical pricing at their discretion. Lumina may update prices based on these changes for up to 24 hours from the time a price is first reported. Nonetheless, you agree that the values displayed on our Site control your use of the Site and Services, including the Lumina Platform. You also agree that we are not responsible for any failure or outage in the market value data provided by third parties and used or incorporated on the Site, including the Lumina Platform.

Your Account; Registration Data

In order to use the Lumina Platform, you must enter into a Lumina Subscription Agreement (“Customer Agreement”) with us and we will then set up an account for you on the Site (your “Account”). When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

In connection with completing the online registration form, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”); and you further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a Customer. While we use reasonable efforts to protect the personal information of others from inadvertent release or misappropriation, we are not responsible for the intentional or criminal acts of third parties such as hackers or “phishers.” Please refer to our Privacy Policy for more information on the use of your personal information. You must promptly inform us of all changes to your Registration Data.

Your Account Responsibility

You are entirely responsible for any and all activities conducted through your Account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We are not responsible for any unauthorized use of your Account, and you agree that you are responsible for such unauthorized use and for protecting the confidentiality of your Customer ID and password. To the fullest extent permissible by applicable law, you acknowledge and agree that the Company will have no liability associated with or arising from your failure to maintain accurate Registration Data, including your failure to receive important information and updates about the Platform. If the Company or any of its authorized agents have reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the Site, including your use of the Lumina Platform, (or any portion thereof). We shall not be liable to make any compensation, monetary or otherwise, following such suspension, termination or inability to use the Site, the Lumina Platform, and/or our Services.

No Account Transfers

Control or use of your Account may not be transferred, leased, assigned or sold to a third party. We disclaim any and all liability arising from fraudulent entry and use of the Site, the Lumina Platform, and/or our Services. If a User fraudulently obtains access to your Account, the Lumina Platform and/or any Services, we may terminate the User’s access immediately and take all necessary and appropriate actions under applicable laws.

Third Party Account Information

In order to provide you with the Services, including the Platform, you may also be required to disclose certain third-party account information to us, including, without limitation, your crypto exchange account details, bank account details and/or related information. As indicated elsewhere in these Terms and Conditions, we are not responsible for any unauthorized use of your Account with the Company or any third-party accounts which you use in connection with the Lumina Platform. In addition, if you link your Account with a digital wallet on one or more device(s), you are responsible for protecting the safety of and access to such device(s). We are not responsible for any losses you incur as a result of unauthorized use of your Account. You agree to notify us immediately of any unauthorized use of your Customer ID or password or if your device(s) on which you’ve linked your Account with a digital wallet has been lost or stolen or otherwise suffered unauthorized access, or any other actual or potential security breach relating to your Account. We reserve the right to require you to change your Account password if we believe it is no longer secure.

Interaction Between These Terms and Conditions and Customer Agreements

These Terms and Conditions do not amend or otherwise modify any Customer Agreement whether now or hereinafter existing. In the event of any inconsistency between these Terms and Conditions and a Customer Agreement, these Terms and Conditions and our Terms of Use govern as to the relationship between you and the Company solely with respect to the Site, and your Customer Agreement governs the relationship between us with respect to the Lumina Platform and Services. You are responsible for ensuring that your use of the Site, the Lumina Platform, and/or our Services complies with any Customer Agreement to which you are a party.

Cancellation and Termination of your Account

You may close your Account at any time by providing written notice to us. After notifying us of your desire to close your Account, your access to the Platform will be terminated. We reserve the right at our sole and absolute discretion to block access to or to suspend, close or terminate your Account for any other reason in our sole and absolute discretion. You agree that neither the Company nor any third party acting on our behalf shall be liable to you for any termination of your access to any part of the Site, Platform or Services in accordance with these Terms and Conditions. You agree that if your access is terminated by us, you will not attempt to regain access to the Site, Platform or Services – using the same or different Customer ID – without prior written consent from us.

Service Interruption

From time to time due to technological factors, scheduled software uploads and other factors beyond or within our control, the Site and/or the Lumina Platform may be temporarily interrupted. You agree that we are not liable for any loss and damage arising from such interruption and you agree to hold us harmless from and against any such interruption of or inability to access the Site or Platform.

Agreement to Receive Notifications and Other Communications

We reserve the right to send electronic mail or other messages to Customers. The purpose of these communications may include, but is not limited to: (i) providing you with information concerning your Account; (ii) providing information to you regarding products or services offered by our affiliates or partners; (iii) informing you about any of our related products or services; or (iv) providing you with information about any item that we think, in our sole discretion, may be of interest to you.

3. Restrictions on Use of Our Site, the Lumina Platform and/or Services

Restrictions on Use

Without our express prior written authorization, you may not: (i) duplicate any part of our Site, the Lumina Platform or any Materials contained therein or received via the Services (except as expressly provided elsewhere in these Terms and Conditions); (ii) create any derivative works based on our Site, the Lumina Platform or any of the Materials contained therein or received via the Services; and you agree and stipulate that any and all derivative works are NOT “fair use;” (iii) use our Site, the Lumina Platform, or any of the Materials contained therein, for any public display, public performance, sale or rental; and you hereby agree and stipulate that any and all such uses are NOT “fair use”; (iv) re-distribute our Site, the Lumina Platform or any of the Materials contained therein or received through the Services; and you hereby agree and stipulate that any and all such uses is NOT “fair use;” (v) remove any copyright or other proprietary notices from our Site, the Lumina Platform or any of the Materials contained therein; (vi) frame or utilize any framing techniques in connection with our Site, the Lumina Platform or any of the Materials contained therein; (vii) use any meta-tags, pay-per-click advertising, or any other “hidden text” using our Site’s or our Platform’s name or marks, and you hereby stipulate that any use of the Site’s or the Lumina Platform’s name or marks, or any other marks owned by us is an infringement upon our trademark rights.

Interference

Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any materials from our Site, including the Lumina Platform. You hereby agree not to use any device, software, computer code or virus to interfere or attempt to disrupt or damage the Site, the Platform or Services.

4. Improper Use of Site or Services

If we determine that you or any User has provided or intends to engage in any activity or provide any services or material in violation of any law, your ability to use the Site, the Lumina Platform and/or Services will be terminated immediately, without any reimbursement of any payment or fees you may have made to us. We reserve the right, in our sole and absolute discretion, to cooperate with law enforcement upon legal request and/or advisement of an attorney. We hereby disclaim any liability for damages that may arise from any User providing any material or services for any purpose that violates any law.

5. Limitation of Liability

Save as permitted to the maximum extent by applicable laws, in no event shall the Company (or its officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party, for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue or goodwill, which may arise from any person’s use, misuse or inability to use the Site, the Lumina Platform, the Services and/or any of the Materials contained therein, even if we have been advised of the probability of such damages. This is for any matter arising out of or relating to either of these Terms and Conditions (relating to your use of the Lumina Platform or Services), or the Terms of Use governing your use of the Site. r incidental damages, the above limitation may not apply to you.

6. Links and Linking

Third Party Links

Some websites which are linked to or from the Site (including advertisements) are owned and operated by third parties. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse such websites or the content, products, advertising or other materials presented therein. We are not responsible or liable for any such content, advertising, services, products or other materials on or available from such websites or resources.

7. Proprietary Information

Proprietary Rights

The Materials accessible from the Site, the Platform, the Services, and any other website owned, operated, licensed, or controlled by us are our proprietary information and valuable intellectual property and we retain all right, title, and interest in such Materials. No rights, title or interest in any such Materials are transferred to you by access to the Site, the Lumina Platform, and/or Services.

All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software are the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of the Company or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.

Nothing in these Terms and Conditions grants to you any right to use any of the Company’s or any third party’s trademarks, service marks, logos or other Materials.

No Infringement

All of the marks, logos, domains and trademarks that you find on the Site and Services may not be used publicly except with express written permission from the Company, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Company.

No Agency or Other Relationship

Nothing in these Terms and Conditions shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the Parties shall be limited to those expressly set forth herein. We are not your agent or other representative.

8. Notices

Any notice we are required to give you under these Terms and Conditions may be provided by email, postal mail or facsimile utilizing the contact information provided by you when you opened an Account or by general posting on the Site. Notices from you to us shall be given by email to: inquiries@lumina.app.

9. Arbitration

Binding Arbitration

If a dispute arises between the Parties arising out of or otherwise relating to these Terms and Conditions, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party must submit the issue to binding arbitration as further discussed below. Any dispute arising out of or relating to these Terms and Conditions, or the breach thereof, shall be finally settled by arbitration in California administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The language of the arbitration shall be English and these Terms and Conditions shall be governed by the laws of the State of California.

An arbitral decision resulting from the above may be enforced in any court, and a prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorney’s fees. Additionally, the Parties waive any right to trial by jury, as well as any right to participate in a class action lawsuit.

The arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of these Terms and Conditions.

10. Miscellaneous Provisions

Assignment

The rights and liabilities of the Parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. You may not assign these Terms and Conditions without our prior written consent. We may assign these Terms and Conditions and our rights and obligations hereunder at any time upon thirty (30) days prior written notice to you.

Severability

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be invalid, unenforceable or illegal, such invalidity, unenforceability or illegality shall not affect the remainder of these Terms and Conditions which will continue to be in full force and effect.

Other Jurisdictions

We make no representation that the Site, the Lumina Platform, the Services and/or any of the Materials contained therein, are appropriate or available for use in locations outside the United States, and access to them from territories where their content or function may be illegal or is otherwise prohibited. Those who choose to access the Site, the Lumina Platform and/or Services from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.

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601 4th Street, Unit 323
San Francisco, CA 94107
A proud charter member of the
Accounting Blockchain Coalition.
©2020 Lumina Technologies, Inc. All rights reserved.
Support
support@lumina.app
A proud charter member of the
Accounting Blockchain Coalition.
Sales Inquiries
inquiries@lumina.app
601 4th Street, Unit 323
San Francisco, CA 94107
©2020 Lumina Technologies, Inc. All rights reserved.