Terms of Service

1. Acceptance of Terms

Welcome to Lumi ("we," "our," or "us"). By accessing or using our website, Shopify app, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these terms, you must immediately cease using our service.

These Terms constitute a legally binding agreement between you and Lumi. We may modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Service Description

Lumi is an AI-powered content generation tool designed for Shopify merchants. Our Service uses artificial intelligence to generate:

• Product descriptions
• SEO-optimized titles and meta descriptions
• Image ALT text intended to align with accessibility guidelines
• Other e-commerce content

Important: Lumi is an assistive tool only. It does not provide legal advice, guarantee compliance with any laws or regulations, or eliminate the need for human review and professional judgment.

3. Critical Limitations and Disclaimers

You acknowledge and expressly agree that:

• No Compliance Guarantee: We do not guarantee that our Service will protect you against any legal claims, lawsuits, penalties, or fines related to accessibility, ADA, WCAG, EAA, or any other legal standards
• Human Review Required: All AI-generated content must be reviewed, verified, and edited by you before use
• Your Responsibility: You are solely responsible for ensuring your website, store, and content comply with all applicable laws and regulations
• Professional Advice: You should consult with legal, accessibility, and other relevant professionals to ensure compliance
• AI Limitations: AI technology may produce hallucinations, inaccuracies, biases, inappropriate content, or miss compliance issues entirely
• No Legal Advice: Nothing in our Service constitutes legal advice or creates an attorney-client relationship

4. User Responsibilities and Acceptable Use

You agree to:

• Provide accurate and complete information during registration and maintain the security of your account credentials
• Review and verify all AI-generated content before publishing or using it
• Comply with all applicable laws, including but not limited to accessibility, copyright, trademark, and consumer protection laws
• Not use the Service for any illegal, harmful, or fraudulent purposes
• Not attempt to reverse engineer, decompile, or access the underlying AI models or algorithms
• Not misuse, abuse, or overload the Service through excessive API calls or automated systems
• Not share your account credentials or subscription with unauthorized users

Violation of these terms may result in immediate suspension or termination of your account without refund.

5. Intellectual Property Rights

5.1 Generated Content

You own the content generated by the Service ("Generated Content"). However:

• AI-generated content is not guaranteed to be unique. Similar or identical content may be generated for other users based on similar inputs
• You are solely responsible for ensuring Generated Content does not infringe on any third-party intellectual property rights
• We retain the right to use aggregated, anonymized data about content generation patterns to improve our Service

5.2 Lumi Platform

The Lumi Service, including all software, algorithms, AI models, designs, trademarks, logos, and documentation, are and remain the exclusive property of Lumi and our licensors. You receive only a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service according to these Terms and your subscription plan.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code.

6. Payment Terms

Subscription fees are charged according to your chosen plan. By subscribing, you agree to:

• Pay all applicable fees for your subscription plan
• Provide accurate and complete billing information
• Automatic recurring billing until you cancel your subscription
• Fees are non-refundable except as required by law or explicitly stated in our refund policy
• We may change pricing at any time with 30 days' notice

Refund Policy: Refunds are provided at our sole discretion. To request a refund, contact us within 7 days of your initial purchase. Refunds are not available for subsequent billing periods.

7. Warranties and Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Accuracy: No warranty that content will be accurate, complete, or error-free
• Compliance: No warranty of compliance with ADA, WCAG, EAA, or any legal standards
• Fitness for Purpose: No warranty that the Service is suitable for your specific needs
• Availability: No warranty of uninterrupted or error-free operation
• Security: No warranty that the Service is completely secure or free from viruses or harmful components

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

8. Limitation of Liability

To the maximum extent permitted by law, Lumi, its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, data, or business opportunities
• Legal claims, lawsuits, penalties, or fines related to accessibility, ADA, WCAG, EAA, or any compliance matters
• Copyright or trademark infringement claims arising from Generated Content
• Damage to reputation or goodwill
• Security breaches or unauthorized access to your data
• Service interruptions, errors, downtime, or data loss
• Reliance on inaccurate, incomplete, or inappropriate AI-generated content

In no event shall Lumi's total aggregate liability to you for all claims arising from or related to the service exceed the amount you paid to Lumi in the twelve (12) months immediately preceding the claim, or $100 USD, whichever is greater.

These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if Lumi has been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Lumi, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service or Generated Content
• Your violation of these Terms or any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property, privacy, accessibility, or other rights
• Any ADA, WCAG, EAA, or accessibility-related lawsuits, claims, or penalties arising from your website, store, or content
• Any claim that your use of Generated Content infringes third-party intellectual property rights
• Any false, misleading, or inaccurate information you provide
• Any negligence or willful misconduct by you

This indemnification obligation will survive termination of these Terms and your use of the Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

10. Service Availability and Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service (or any features or functionality) at any time, with or without notice
• Perform scheduled or emergency maintenance that may result in service interruptions
• Change pricing, features, or subscription plans with 30 days' notice
• Refuse service, terminate accounts, or remove content at our sole discretion

We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee any specific uptime or availability.

Beta Features: We may offer beta, experimental, or preview features. These are provided "as is" without any warranties and may be unstable, buggy, or discontinued at any time without notice.

11. Termination

By You: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. No refunds will be provided for the remaining period.

By Us: We may suspend or terminate your account immediately, without notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Excessive or abusive use of the Service
• At our sole discretion for any other reason

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms and any disputes arising from or related to your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration will be conducted in English, and the arbitrator's decision will be final and binding. The arbitrator may award injunctive or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim.

12.2 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis only. You waive any right to participate in a class action, collective action, representative action, or consolidated proceeding.

12.3 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin infringement or misappropriation of intellectual property rights.

12.4 Opt-Out

You may opt out of the arbitration agreement by sending written notice to us within 30 days of your first use of the Service. If you opt out, you and Lumi agree to resolve disputes in the state or federal courts located in Delaware.

13. Third-Party Services and Links

The Service may integrate with or link to third-party services, websites, or applications (including Shopify). We are not responsible for:

• The availability, accuracy, or content of third-party services
• Your use of or interactions with third-party services
• Third-party privacy practices or terms of service
• Any damages or losses arising from your use of third-party services

Your use of third-party services is at your own risk and subject to their respective terms and conditions.

14. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

By using the Service, you consent to:

• Our collection and use of your data as described in the Privacy Policy
• The transfer and processing of your data in countries outside your own, including the United States
• Our use of aggregated, anonymized data to improve the Service

15. Export Compliance

The Service may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer the Service or any technical data derived from the Service to any country, individual, or entity in violation of applicable export laws or regulations.

You represent and warrant that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

16. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, riots, or civil unrest
• Government actions, laws, or regulations
• Internet or telecommunications failures
• Third-party service provider failures (including AI model providers, cloud infrastructure, or payment processors)
• Cyber attacks, hacking, or other malicious activities

17. Entire Agreement and Severability

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lumi regarding your use of the Service and supersede all prior agreements, understandings, or representations.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted or modified to the extent necessary without affecting the remaining provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign these Terms in whole or in part at any time without restriction.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending you an email notification (if you have provided an email address)
• Displaying a notice in the Service

Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

19. Contact Information

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

These Terms of Service were last updated on 12/12/2025. By using Lumi, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.