Lumitra Terms of Service
Last Updated: March 9, 2025
1. Introduction
Welcome to Lumitra LLC (“Lumitra,” “Company,” “we,” “us,” or “our”). These Terms of Service (these “Terms”) govern your access to and use of Lumitra’s website located at www.lumitra.io (the “Site”), our AI voice services (collectively, the “Services”), and any related content or offerings. By accessing or using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms (on behalf of yourself or the entity that you represent). If you do not agree to these Terms, do not access or use the Site or Services.
You represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not use the Site or Services if you are not at least 18 years old.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER (SEE SECTION 15 BELOW) THAT AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
2. Accounts
2.1 Account Creation. Certain features of the Site or Services require you to register an account (“Account”) and provide accurate, complete information. You agree to keep your registration information current. If you delete your Account or if we suspend or terminate your Account under these Terms, your ability to access certain features may be terminated.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use or suspected breach. We are not liable for losses or damages arising from your failure to comply with these requirements.
3. Prepaid Usage & Credits
3.1 Prepaid Model. Our AI voice Services are generally offered on a prepaid usage basis. You purchase Credits in advance, which then apply toward your actual usage (e.g., voice minutes, transcripts, or other usage metrics). Unless we agree otherwise in writing, all Credits are non-refundable.
3.2 Possible Future Subscription. We may introduce a subscription option in the future. If you choose to switch, we may ask you to agree to updated terms.
3.3 Inactivity & Credit Expiration. If your Account remains inactive (i.e., no logins or usage) for six (6) consecutive months, any remaining Credits are deemed forfeited and become non-recoverable. You waive any right to a refund or to reclaim these Credits.
3.4 Beta Offerings. We may label certain features as “Beta” or “Trial.” Such features are provided as is, with no warranties. We may modify or discontinue Beta features at any time without liability. Our maximum liability for Beta usage is capped at $100.
4. Access to the Site & Services
4.1 License. Subject to these Terms, Lumitra grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site and the Services for your personal or internal business purposes.
4.2 Restrictions. You will not: (a) sell, resell, rent, lease, transfer, assign, or otherwise commercially exploit the Site or Services except as authorized by these Terms; (b) modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c) access the Site or Services to build a similar or competitive product; or (d) copy, reproduce, distribute, republish, download, display, post or transmit the Site or Services in any form or by any means unless expressly permitted.
4.3 Modifications. We reserve the right to modify, suspend, or discontinue the Site or Services (in whole or in part) at any time with or without notice.
4.4 No Emergency or High-Risk Use. You must not use the Services for emergency communications (e.g., 911) or in any scenario where a failure of AI voice technology could lead to death, personal injury, or severe harm. We disclaim all liability for such use.
4.5 Third-Party Providers. We rely on third-party providers (e.g., Auth0, Firebase, LiveKit, Fly.io). Your usage of those integrations is subject to their terms. We disclaim liability for any disruption or data issue attributable to those providers.
4.6 No Support or Maintenance. Unless otherwise agreed, we have no obligation to provide you with support or maintenance for the Site or Services.
5. Acceptable Use & Restrictions
5.1 AI Outputs / Accuracy. You understand that AI-generated outputs (including transcripts) may be incomplete or inaccurate. You are responsible for verifying the accuracy or suitability of AI outputs before relying on them.
5.2 Compliance with Laws & Consents. You are responsible for ensuring that your use of the Services (including any recording or AI processing of calls or data) complies with all applicable laws and that you have obtained all necessary consents from participants or data subjects.
5.3 Acceptable Use Policy. You agree not to upload, transmit, or distribute through the Site or Services any content that (i) infringes the rights of any third party; (ii) is unlawful, harassing, abusive, threatening, harmful, hateful, or otherwise objectionable; (iii) is harmful to minors; (iv) violates any applicable law or regulation; or (v) contains viruses or any software intended to damage or alter a computer system.
You also agree not to interfere with the proper functioning of the Site or Services, or use software agents or scripts to produce multiple accounts, generate automated searches, or scrape data from the Site (except in accordance with our robots.txt file).
6. User Content
6.1 Definition. “User Content” means any content or data you submit, post, or transmit via the Site or Services, including voice data and transcripts. You are solely responsible for your User Content.
6.2 License to Lumitra. By submitting User Content, you grant Lumitra an irrevocable, nonexclusive, royalty-free, worldwide license to reproduce, distribute, display, perform, prepare derivative works of, and otherwise use your User Content for the sole purpose of operating the Site and Services. You represent and warrant that you have all necessary rights to grant this license.
6.3 Monitoring & Enforcement. We reserve the right (but have no obligation) to remove or modify User Content if we believe it violates these Terms or any applicable law. We have no liability for removing or failing to remove User Content.
7. Data Retention & Privacy
7.1 Ownership of Customer Data. You or your end users retain all ownership of any data or content (collectively, “Customer Data”) submitted to the Services. By submitting Customer Data, you grant Lumitra a limited, non-exclusive license to process and store such data as necessary to provide the Services.
7.2 Retention & Deletion. We store Customer Data while your account is active and you have sufficient prepaid Credits (or continue to pay usage fees). Once your account is terminated or deemed inactive, we may delete your Customer Data after 30 days. You are responsible for exporting or backing up your data prior to that time.
7.3 No Regulated Data Without Agreement. Our Services are not designed for regulated data (e.g., HIPAA, children’s data) unless explicitly agreed in a separate written addendum. You agree not to submit such data without our prior written consent.
For more information about how we collect, use, and share data, please review our Privacy Policy (if available on our Site).
8. Payment & Taxes
8.1 Credits & Billing. You must purchase Credits in advance. Credits are consumed as you use the Services. Unless otherwise stated in writing, Credits are non-refundable if unused.
8.2 Monitoring Usage. We may provide usage tracking tools for your convenience, but you are responsible for monitoring and managing your own usage of Credits.
8.3 Taxes. Our prices do not include any applicable taxes. You are responsible for all taxes (e.g., sales, VAT) related to your purchases, except taxes based on Lumitra’s net income.
9. Third-Party Links & Ads; Other Users
9.1 Third-Party Links & Ads. The Site may contain links to third-party websites or display advertisements. These links and ads are not under our control. We are not responsible for any third-party sites or ads, and you access them at your own risk.
9.2 Other Users. Each Site or Services user is solely responsible for their own User Content. We make no guarantees regarding the accuracy or quality of User Content. Any interactions with other users are solely between you and those users. We are not responsible for any resulting harm or disputes.
9.3 Release. You release and forever discharge Lumitra (and our officers, employees, and agents) from any claims related to disputes with other users or third-party links and ads.
10. Disclaimers
10.1 “As Is” and “As Available.” THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPLICITLY STATED, COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 AI Accuracy Warning. Outputs from our AI voice solution may be flawed. You accept full responsibility for verifying correctness and appropriateness of any AI-generated content before relying on it.
10.3 No Support. We have no obligation to provide support, unless specifically agreed in writing.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
11. Limitation on Liability
11.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUMITRA (OR OUR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Liability Cap. EXCEPT FOR BREACH OF SECTION 5 (ACCEPTABLE USE RESTRICTIONS) OR YOUR FAILURE TO PAY FEES, THE TOTAL AGGREGATE LIABILITY OF LUMITRA UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID FOR THE SERVICES IN THE PAST SIX (6) MONTHS. FOR BETA OR TRIAL FEATURES, OUR TOTAL LIABILITY WILL NOT EXCEED US$100.
Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.
12. Indemnification
12.1 By You (Customer). You agree to indemnify and hold Lumitra (and its officers, employees, and agents) harmless from any claims, liabilities, damages, losses, and expenses (including attorney’s fees) arising from or related to (a) your use of the Site or Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any laws or regulations.
12.2 Indemnification Procedure. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
13. Term & Termination
13.1 Term. These Terms remain effective as long as you have a valid Lumitra account or until terminated by either party in accordance with these Terms.
13.2 Termination. We may suspend or terminate your rights to use the Site or Services at any time for any reason, including for breach of these Terms or non-payment. If we terminate for breach, your Credits are forfeited.
13.3 Effect of Termination. Upon termination, your right to access the Site or Services will immediately cease. We will have no liability for any termination. We may, in our discretion, delete your User Content from our live databases, subject to applicable law, 30 days after termination.
Sections of these Terms that by their nature should survive termination shall so survive (e.g., Disclaimers, Limitation of Liability, Indemnification).
14. Copyright Policy
We respect the intellectual property of others and ask that users of our Site and Services do the same. If you believe that your work has been copied and is accessible on the Site or Services in a way that constitutes copyright infringement, please send a notice of infringement with all required details to our designated Copyright Agent at:
[Please complete with your designated DMCA Agent info once registered.]
The notice must include (1) an identification of the copyrighted work(s) claimed to be infringed; (2) identification of the material that is claimed to be infringing; (3) sufficient information to permit us to locate the material; (4) your contact information; (5) a statement that you have a good faith belief that use of the material in question is not authorized; and (6) a statement that the information in the notification is accurate under penalty of perjury.
15. Dispute Resolution & Arbitration
15.1 Binding Arbitration. Except as otherwise provided below, you and Lumitra agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration by JAMS (or another mutually agreed-upon provider) pursuant to its applicable rules.
15.2 Waiver of Class Actions. YOU AND LUMITRA WAIVE ANY RIGHT TO RESOLVE DISPUTES ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.3 30-Day Right to Opt Out. You have the right to opt out of this arbitration agreement by notifying us in writing within 30 days of first becoming subject to these Terms. If you do so, only Section 16.4 (Governing Law & Venue) will apply to the Dispute.
15.4 Exceptions. Either party may bring claims in small claims court if they qualify, or seek equitable relief in court for infringement or misuse of intellectual property rights.
16. General
16.1 Changes to These Terms. We may revise these Terms at our discretion. If we make material changes, we may notify you (e.g., by email or by posting a notice on the Site). Continued use of the Site or Services after changes become effective constitutes your acceptance of the revised Terms.
16.2 Export. The Site or Services may be subject to U.S. export control laws and other import/export regulations. You agree not to export or re-export any Company technical data without complying with all applicable export laws.
16.3 Force Majeure. Neither party will be liable for delays or failures due to causes beyond its reasonable control (e.g., natural disasters, government actions, internet outages).
16.4 Governing Law & Venue. These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law principles. Except for disputes subject to arbitration under Section 15, all disputes shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of Delaware, and each party consents to personal jurisdiction there.
16.5 Entire Agreement. These Terms constitute the entire agreement between you and Lumitra regarding the Site and Services, superseding all prior or contemporaneous agreements. Any additional or conflicting terms in your purchase orders or other documents are void unless signed by both parties.
16.6 Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms freely in connection with a merger, acquisition, or sale of assets.
16.7 Notices. All notices to Lumitra shall be sent via email to legal@lumitra.io or by mail to:
Lumitra Legal Team
8 The Green, Suite B
Dover, Delaware 19901
16.8 No Waiver. No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
16.9 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
16.10 Contact Information. If you have any questions about these Terms, you may contact us at legal@lumitra.io or at the address above.