Terms of service

Lumina, together with our affiliated entities (“Lumina,” “we,” “us,” or “our”), is pleased to provide you with our websites, mobile applications, and related services (collectively, the “Lumina Services” or “Services”). These Terms of Use, together with any documents expressly incorporated by reference, including our Privacy Policy (collectively, these “Terms”), govern:

your access to and use of the Services; and
your purchase and use of Lumina products (“Products”).

By accessing or using the Services, or by ordering, purchasing, or using any Lumina Product, you agree to be bound by these Terms. If you do not agree, you must not use the Services or purchase or use our Products.

IMPORTANT – ARBITRATION & CLASS ACTION WAIVER

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN YOU AND LUMINA TO BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS, TO THE FULLEST EXTENT PERMITTED BY LAW. SEE SECTION 7 BELOW FOR DETAILS.

WEBSITE AND ONLINE SERVICES

a. Intellectual Property Rights

All content and design elements appearing on or within the Services and Products— including text, images, graphics, logos, icons, software, code, and any other materials—are owned by Lumina or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

You may:

view the Services;
download materials for personal, non-commercial use; and
print a reasonable number of pages for yourself, your family, or your friends.

You may not:

copy, reproduce, distribute, publicly display, or create derivative works from the Services or any content for commercial purposes;
modify or repost our content on other sites without our prior written permission;
use any trademark, service mark, logo, or other proprietary content from the Services without Lumina’s express written consent.

b. User Content

“User Content” means information, proposals, ideas, plans, photos, ratings, reviews, questions, text, software, audio, video, graphics, messages, posts, tags, or other materials you submit, upload, post, send, or otherwise make available to Lumina or through the Services (online, by email, by mail, or otherwise).

You represent and warrant that:

you own or otherwise control all rights in and to your User Content; and
you have all necessary rights to grant the licenses below.

By submitting User Content, you grant Lumina a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide, irrevocable license to use, host, store, reproduce, modify, adapt, translate, publish, distribute, display, and otherwise exploit such User Content in any media, in connection with Lumina, the Services, and our affiliated companies.

You also grant each user of the Services a non-exclusive, royalty-free license to access and use your User Content through the Services as permitted by the features of the Services and these Terms.

We may, but are not obligated to, monitor, review, edit, or remove any User Content at our sole discretion. Lumina is not responsible or liable for any User Content, including any errors, omissions, or damages resulting from any use of such User Content.

c. Restrictions on User Content

You agree not to submit or upload any User Content that:

is unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise objectionable;
infringes or violates any third-party rights, including intellectual property, privacy, or publicity rights;
contains any commercial solicitation or advertising not expressly authorized by Lumina; or
violates any applicable law or regulation.

We reserve the right, in our sole discretion, to remove or refuse any User Content that we believe violates these Terms or is otherwise inappropriate.

d. Third-Party Links

The Services may include links to third-party websites, services, or applications that are not owned or controlled by Lumina. We do not endorse, control, or make any representations about these third-party sites or services and are not responsible for:

their content, policies, or practices; or
any products, services, or materials available from them.

If you access third-party sites or apps from the Services, you do so at your own risk. The privacy practices of third-party sites may differ from ours.

SALES AND PURCHASES

a. Orders and Acceptance

All orders for Products are offers to purchase, subject to these Terms and Lumina’s acceptance. We may acknowledge receipt of your order via confirmation email (including an order number and order details), but such acknowledgment does not constitute acceptance.

Lumina may, in its sole discretion and for any reason or no reason, refuse, cancel, or limit any order or order quantity, even after an acknowledgment. We accept an order only when we:

send an email expressly confirming acceptance; or
ship the Product.

If we cancel an order after your payment method has been charged, we will issue a refund of the charged amount.

Orders may only be placed by individuals:

18 years of age or older;
with a valid email address; and
using a valid payment method acceptable to Lumina.

b. Products and Prices

All descriptions of Products, pricing, promotions, offers, and availability are subject to change at any time without notice. We attempt to display Product colors, features, and details as accurately as possible, but we cannot guarantee that your device’s display will accurately reflect the actual Product.

Unless otherwise noted:

posted prices do not include taxes; applicable taxes will be added at checkout and shown in your order confirmation;
shipping and handling may be included or displayed separately at checkout depending on the Product and your location.

We reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

c. Payment

Orders must be paid in full (or subject to other payment arrangements explicitly approved by Lumina) prior to shipment. We currently accept certain debit cards, credit cards, and third-party payment services (such as PayPal) as displayed at checkout.

By providing payment information, you represent and warrant that:

the payment information is true, correct, and complete; and
you are authorized to use the provided payment method.

We may offer financing options through third-party financing providers. Any financing agreement is solely between you and the financing provider. You are responsible for reviewing and understanding all terms and conditions of any financing arrangement. Lumina is not responsible for the financing provider’s decisions or obligations.

All shipments are subject to verification of payment information and funds availability. We reserve the right to change accepted payment methods and financing options at any time without notice.

d. Shipping

Available shipping options will be displayed at checkout and/or on individual Product pages. Delivery timelines depend on Product configuration and availability and may be affected by factors beyond our control.

Any delivery dates provided are good-faith estimates and not guarantees. Lumina will not be liable for any delay in shipping or delivery.

e. Title and Risk of Loss

Title to Products passes to you upon delivery of the Products to the carrier. Risk of loss or damage to the Products also transfers to you at that time. You are responsible for filing any claims with the carrier for lost or damaged shipments.

f. Products Not for Resale

Lumina sells Products directly to end-user customers only. We may reject or cancel any order that, in our judgment, appears to be placed for resale or by unauthorized resellers or distributors. Purchases made outside the Lumina Services are not authorized and are at the buyer’s own risk.

g. Accuracy of Information

We work to keep the information on the Services (including pricing, availability, and descriptions) accurate and up-to-date. However, such information may occasionally be inaccurate, incomplete, or out of date. We have no obligation to update or revise any information on the Services except as required by law.

RETURN POLICY AND LIMITED WARRANTY

a. Return and Refund Policy

If you are not satisfied with your Lumina device (for example, an e-bike or other primary Lumina Product) and any custom Lumina accessories purchased in the same order, you may be eligible to return them for a refund within the return period specified on our website or in your order confirmation.

Unless otherwise stated in local jurisdiction-specific terms or on the purchase page:

You must contact us within the applicable return window to initiate a return.
You can email recovery@lumina-tech.io (Monday–Friday, 9:00 a.m.–6:00 p.m. PST) with your order details, the date you received the Product, your name, and your address.
We will provide instructions regarding return logistics. In many cases, you may be responsible for return shipping and any applicable fees; details will be provided when you request a return.
Products must be returned in accordance with our return instructions, and in appropriate packaging to prevent damage in transit.

Certain third-party accessories may only be returnable if unused, in original packaging, and in resellable condition, as specified on our website or at the time of purchase.

Refusal of delivery may be treated as a return and may result in applicable return shipping fees.

Please refer to the specific return terms presented during checkout or in your regional policy page, which are incorporated into these Terms by reference.

b. LIMITED WARRANTY

(i) Summary

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR COUNTRY. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES, ORAL OR WRITTEN, STATUTORY OR OTHERWISE.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMINA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WHERE IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEIR DURATION IS LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.

Some jurisdictions do not allow limitations on implied warranties or how long an implied warranty lasts, so the above limitation may not apply to you.

(ii) Who May Use This Warranty?

This limited warranty extends only to:

the original purchaser of a Product from Lumina or an authorized Lumina reseller; and
any subsequent owner of the same Product during the Warranty Period (defined below).

This warranty does not apply to the Lumina Services (such as the mobile app or website), which are provided “as is” (see Section 5).

(iii) What Does This Warranty Cover?

Subject to the exclusions below, Lumina warrants that, during the Warranty Period, the Products will be free from defects in materials and workmanship under normal use in accordance with Lumina’s published instructions.

(iv) What Does This Warranty Not Cover?

This limited warranty does not cover damage or defects resulting from, related to, or arising out of:

transportation or improper shipping/packaging when returning a Product;
storage in unsuitable conditions;
improper, incorrect, or negligent assembly, installation, use, or maintenance;
failure to follow the Product instructions, safety information, or maintenance guidelines;
modification, alteration, or transformation of the Product;
use with products, components, or services not supplied or expressly approved by Lumina in writing;
unauthorized repair, servicing, or maintenance;
normal wear and tear, cosmetic damage, and expected deterioration from ordinary use;
external factors, including accidents, abuse, misuse, neglect, vandalism, extreme weather, environmental conditions, or other events beyond Lumina’s reasonable control.

Any alterations or changes you make to a Product that impact its safety, operation, firmware, or hardware are at your own risk and will void this limited warranty.

(v) Warranty Period

The limited warranty begins on the date you first receive the Product from Lumina or an authorized reseller and lasts for one (1) year from that date (the “Warranty Period”), unless a different period is stated for a specific component or region.

The Warranty Period is not extended or renewed if we repair or replace a Product. Any replacement Product or component will be warranted for the remainder of the original Warranty Period or for 30 days from the date of replacement, whichever is longer, unless longer periods are required by law.

Lumina may change the terms or availability of this limited warranty prospectively, but any change will not reduce your coverage for Products already purchased and still under warranty.

(vi) Remedies

For a valid warranty claim made during the Warranty Period, Lumina will, at our option:

repair the Product or the defective component;
replace the Product or the defective component with a new or refurbished equivalent; or
provide a refund of the original purchase price (less reasonable depreciation if allowed by law).

These are your sole and exclusive remedies under this limited warranty.

If we repair or replace a Product, we may use new, refurbished, or functionally equivalent parts. We generally cover reasonable shipping costs for approved warranty claims, subject to local policy and law.

(vii) How to Obtain Warranty Service

To request warranty service, contact us during the Warranty Period:

By email: recovery@lumina-tech.io
Customer service hours: Monday–Friday, 9:00 a.m.–6:00 p.m. Pacific Time (PST)
Include your name, contact information, proof of purchase, Product serial number (if applicable), and a description of the defect.

We may require that you perform certain troubleshooting steps, provide photos or videos, or send the Product to an authorized service center.

(viii) Limitation of Liability (Warranty)

TO THE FULLEST EXTENT PERMITTED BY LAW, LUMINA’S TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY OR ANY PRODUCT SHALL NOT EXCEED:

THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT AT ISSUE; OR
ONE HUNDRED U.S. DOLLARS (US $100),

WHICHEVER IS GREATER, UNLESS A DIFFERENT MINIMUM IS REQUIRED BY APPLICABLE LAW.

UNDER NO CIRCUMSTANCES WILL LUMINA BE LIABLE FOR ANY:

LOSS OF PRODUCTION, WORK, DATA, BUSINESS, GOODWILL, REPUTATION, REVENUE, OR PROFIT;
DIMINUTION IN VALUE;
COST OF SUBSTITUTE GOODS OR SERVICES; OR
ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER DIRECT OR INDIRECT.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

(ix) Disputes Regarding This Warranty

Any dispute or claim relating to this limited warranty will be handled in accordance with the Dispute Resolution and Arbitration provisions in Section 7 of these Terms.

c. Battery and Range Disclaimer (If Applicable)

Any stated or advertised Product performance metrics—such as expected speeds, ranges, or battery life—are estimates only and not guarantees. Real-world performance can be affected by many factors, including but not limited to:

age and condition of the battery and motor;
temperature and weather;
tire pressure and maintenance;
riding style, speeds, and braking;
rider weight, cargo weight, and terrain;
wind, incline, and other environmental conditions.

Actual performance may differ from published estimates.

d. California Residents

If you are a California resident, you may contact the California Department of Consumer Affairs’ Consumer Information Center:

By mail: Consumer Information Center 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834
By phone: (800) 952-5210 or (916) 445-1254

This notice is provided pursuant to California Civil Code § 1789.3.

e. Employee Protection Policy

Lumina does not tolerate discriminatory, abusive, or harassing behavior toward our employees, contractors, or partners. We reserve the right to refuse service to individuals who violate this policy. Further details may be provided in our separate Employee Protection Policy, which is incorporated by reference where applicable.

APPLICATION USE, REGISTRATION, AND ACCOUNTS

a. Lumina App

The Lumina mobile application (the “App”) allows you to create and manage a personal Lumina account and, where applicable, connect to and control certain Lumina Products.

Use of the App is free of charge (excluding any mobile data or connectivity costs you incur) and is subject to these Terms and any additional terms we present within the App or app store listing.

You may use the App only if:

you are at least 18 years old and not legally incapacitated;
you have a valid email address;
you have a compatible mobile device with internet and GPS access (if required for certain features); and
we confirm activation of your Lumina account.

b. Lumina Account

To activate your Lumina account, we may require:

your email address;
certain Product identifiers (e.g., serial number); and
any unique keys, codes, or pairing credentials provided with your Product.

Once your account is activated, you may begin using the App and associated Product features, as available in your region.

c. Use of Lumina Products with the App

Depending on your Product, the App may allow you to:

connect, activate, or deactivate your Product;
view status such as battery level or other diagnostics;
view ride or usage statistics;
locate certain Products if tracking features are enabled;
contact Lumina support or repair services; and/or
access firmware updates and new features.

You are responsible for any costs associated with your device, mobile data, internet connection, charging or powering your Product, and maintaining any required safety accessories (such as lights, reflectors, or bells where required by law).

d. Your Contact Information

You agree to provide accurate and complete contact information and to update it as needed so that we can reach you with important information about your account, Products, and the Services.

We may contact you at the email address and/or mailing address you provide, including for legal notices, updates, and promotional communications (subject to your marketing preferences).

e. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

keep your password secure;
log out after each session if using a shared device; and
promptly notify Lumina of any unauthorized use, suspected breach, or security issue.

Lumina uses commercially reasonable measures to protect your account and the Services but cannot guarantee that unauthorized access will never occur.

f. Not for Children

The Services and Products are intended for adults. You must be at least 18 years old to:

create an account;
purchase Products; or
interact with the Services.

We do not knowingly collect personal data from children under 18. If we learn we have collected such data without appropriate consent, we will take reasonable steps to delete it.

g. Lawful Use of the App

You agree to use the App only for lawful purposes and in accordance with these Terms. You may not:

copy, modify, reverse engineer, decompile, disassemble, or otherwise tamper with the App or its software except where expressly allowed by law;
interfere with or disrupt the App, servers, or networks connected to the App;
introduce viruses, malware, or other harmful code; or
attempt to gain unauthorized access to any part of the Services or data.

h. Access to the App

Lumina may, at any time and at our sole discretion, modify, suspend, or discontinue the App or your access to your account, including if we believe you have violated these Terms, applicable law, or our policies.

i. App Updates

We may periodically provide updates, upgrades, patches, or other modifications to the App or Product firmware. These may be installed automatically or may require your manual action. While we try to avoid disruption, updates may temporarily affect functionality.

We are not obligated to provide updates or new features and may discontinue support for certain devices, operating systems, or Product generations.

LIABILITY DISCLAIMERS AND DAMAGES LIMITATIONS

a. Compliance with Laws

You are solely responsible for complying with all laws and regulations applicable to your purchase and use of Lumina Products, which may include:

safety equipment requirements (e.g., helmets);
local rules governing use of e-bikes or other Products (where applicable);
registration, licensing, insurance, or age requirements.

Lumina is not responsible for advising you of legal requirements in your jurisdiction. You expressly release Lumina from any claims or damages arising from your failure to comply with applicable laws.

b. Services Provided “As Is”

The Services (including the App, websites, and any information, content, or software) are provided on an “as is” and “as available” basis, without warranties of any kind, except as expressly provided in these Terms or required by law.

We do not warrant that:

the Services will be uninterrupted, timely, secure, or error-free;
defects will be corrected;
the Services will be compatible with your devices or systems; or
the information provided through the Services will be accurate or complete.

The limited Product warranty in Section 3(b) does not apply to the Services.

c. Inherent Risks (e-Bikes or Similar Products)

If your Lumina Product is an e-bike or other mobility device, you acknowledge that riding or using such a device involves inherent and significant risks, including risk of property damage, bodily injury, or death. By using the Product:

you voluntarily assume all such risks, whether known or unknown; and
you agree not to hold Lumina responsible for injuries, losses, or damages arising from these inherent risks, except as expressly provided by law.

d. FCC Disclosure (If Applicable)

Certain Lumina Products may contain wireless transmitters (e.g., Bluetooth, cellular). These components may be subject to Federal Communications Commission (FCC) rules. If we are required to obtain FCC equipment authorization for a Product configuration, delivery of such Product may depend on successful completion of that process.

If Lumina cannot complete the required authorization for a specific Product, we may cancel the affected orders and refund any related payments. This does not limit your rights under applicable consumer protection, contract, or other laws.

e. No Medical Advice

Lumina does not provide medical advice. Any health-related information available through the Services is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

If you have or suspect you have a medical condition, or if you experience an emergency, contact your physician or emergency services (e.g., 911) immediately.

f. Limitations of Liability (General)

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE LUMINA FROM ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO:

YOUR USE OF THE SERVICES;
YOUR PURCHASE OR USE OF ANY PRODUCT; OR
ANY BREACH OF THESE TERMS.

IN NO EVENT WILL LUMINA BE LIABLE FOR ANY:

LOSS OF PRODUCTION, WORK, DATA, BUSINESS, GOODWILL, REPUTATION, REVENUE, OR PROFIT;
DIMINUTION IN VALUE;
COSTS OF SUBSTITUTE GOODS OR SERVICES; OR
ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER DIRECT OR INDIRECT,

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LUMINA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, PRODUCTS, OR THESE TERMS WILL NOT EXCEED:

THE AMOUNT YOU ACTUALLY PAID TO LUMINA FOR THE PRODUCT OR SERVICE AT ISSUE; OR
ONE HUNDRED U.S. DOLLARS (US $100),

WHICHEVER IS GREATER, UNLESS A HIGHER LIMIT IS REQUIRED BY APPLICABLE LAW.

These limitations apply regardless of the form of action (contract, tort including negligence, strict liability, or otherwise), and even if any limited remedy fails of its essential purpose.

g. Important Note to New Jersey Consumers

If you are a consumer residing in New Jersey, certain limitations and disclaimers in these Terms may not apply to you to the extent they are unenforceable under New Jersey law, including but not limited to:

limitations on punitive damages, consequential damages, or certain statutory remedies;
limitations related to the New Jersey Consumer Fraud Act, Products Liability Act, or similar statutes.

Nothing in these Terms is intended to waive rights that cannot be waived under New Jersey law.

h. Indemnification

You agree to release, defend, indemnify, and hold harmless Lumina and our parent entities, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

your purchase or use of any Product;
your use of the Services;
your User Content;
your violation of these Terms; or
your violation of any third-party rights or applicable law.

This obligation survives termination of these Terms and applies regardless of the cause of action, including negligence, gross negligence, or other fault.

i. Force Majeure

Lumina will not be liable for any failure or delay in performance caused by events beyond our reasonable control (“Force Majeure Events”), including but not limited to: natural disasters, war, terrorism, civil unrest, government actions, epidemics, strikes or labor disputes, failures of transportation or communication systems, power outages, or cyberattacks.

We will make reasonable efforts to notify you of a Force Majeure Event and to resume performance as soon as reasonably practicable.

USER / PRODUCT MANUAL

a. Requirement to Read

Before using any Lumina Product, you agree to carefully read the applicable user guide, safety instructions, and Product manual (including labels and warnings). These may be provided with the Product and/or made available on our website.

b. Failure to Follow Instructions

You agree to use the Product strictly in accordance with the applicable manual and safety guidance. Lumina is not responsible for, and you expressly release Lumina from, any injuries, damages, or losses arising from failure to follow these instructions, warnings, or labels, or from unauthorized modifications to the Product.

DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER

a. Notice and Informal Resolution

Before initiating arbitration or litigation, you and Lumina agree to try to resolve any dispute informally.

If you have a dispute with Lumina arising out of or related to these Terms, the Services, any Product, or our relationship, you must send a written notice containing:

your name, mailing address, telephone number, and email;
a brief description of the dispute;
the amount at issue (if any); and
the specific relief you seek, signed by you.

Send this notice to:

Lumina – Legal Notice

499-407 Barroilhet Ave San Mateo, CA 94402 United States

Email: recovery@lumina-tech.io

Lumina will send any notice to the email and/or mailing address you have on file with us and include a description of its position and desired resolution, signed by an authorized Lumina representative.

You and Lumina will attempt in good faith to resolve the dispute individually. If the dispute is not resolved within 45 calendar days after notice is received, either party may commence arbitration as set forth below.

Providing this notice and engaging in informal resolution is a condition precedent to initiating arbitration.

b. Arbitration Agreement (Covered Claims)

You and Lumina agree that, to the fullest extent permitted by law, any dispute or claim (a “Covered Claim”) arising out of or relating to:

these Terms;
the Services;
any Product or your purchase or use thereof; or
our relationship,

will be resolved exclusively by final, binding arbitration on an individual basis, except that:

claims that may be brought in small claims court are not required to be arbitrated as long as they remain in small claims court; and
claims for injunctive or other equitable relief to prevent actual or threatened infringement or misappropriation of intellectual property rights may be brought in court.

c. Application and Scope

This arbitration agreement applies to you and Lumina, and to Lumina’s affiliates, successors, assigns, officers, directors, employees, agents, and independent contractors, and may be invoked by any of them. It also covers any Covered Claim brought by you or on your behalf, or by Lumina, against such third parties, and vice versa, to the fullest extent permitted.

If there are both arbitrable and non-arbitrable claims, the arbitrable claims must be resolved in arbitration before any non-arbitrable claims proceed in court.

d. Waiver of Jury Trial and Class Actions

TO THE FULLEST EXTENT PERMITTED BY LAW:

YOU AND LUMINA WAIVE ANY RIGHT TO A JURY TRIAL; AND
YOU AND LUMINA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

All Covered Claims must be brought on an individual basis, and the arbitrator may not consolidate or join the claims of more than one person or preside over any form of class, collective, or representative proceeding.

e. Arbitration Procedures

Unless otherwise agreed in writing:

arbitration will be administered by JAMS under its Comprehensive Arbitration Rules & Procedures then in effect;
the arbitrator will be a former judge or a licensed attorney with experience in commercial disputes;
the Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement.

For claims you bring:

you will pay any claimant filing fee required by JAMS;
Lumina will pay any remaining JAMS administrative fees and the arbitrator’s fees to the extent required by the rules and applicable law.

Each party will bear its own attorneys’ fees and costs unless the arbitrator awards fees or costs under applicable law.

The arbitrator may award individual relief that a court could award, including injunctive relief in favor of the individual party seeking it, as necessary to provide that party with relief on their individual claim.

Judgment on the arbitration award may be entered in any court having jurisdiction.

f. Severability

If any part of this arbitration agreement is found unenforceable, the remaining portions shall remain in effect to the fullest extent permitted by law. If a court finds that the waiver of class or representative actions is unenforceable as to certain claims, then such claims must proceed in court after completion of arbitration of any arbitrable claims.

g. Express Class and Jury Waiver

YOU AND LUMINA KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO:

A TRIAL BY JURY; AND
PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION,

FOR ANY COVERED CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW.

CHOICE OF LAW AND FORUM SELECTION

a. Choice of Law

These Terms, your use of the Services, and any dispute between you and Lumina relating to your purchase or use of any Product or Service shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to conflict-of-laws principles, unless another jurisdiction is mandatory under local consumer protection law.

The arbitration agreement in Section 7 is governed by the Federal Arbitration Act.

b. Forum Selection (Non-Arbitrable Claims)

For any dispute not subject to arbitration (e.g., permitted claims for injunctive relief regarding intellectual property), you and Lumina agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, New York, and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.

PRIVACY

a. Privacy Policy

Our Privacy Policy explains:

what personal information we collect;
how we use, share, and protect it; and
your rights and choices regarding your personal information.

The Privacy Policy applies to information collected through the Services, the App, and other interactions with Lumina. By using the Services or purchasing Products, you acknowledge that you have read and agree to the Privacy Policy, which is incorporated into these Terms by reference.

REFERRAL PROGRAM (SUMMARY TERMS)

Lumina may offer referral or recommendation programs from time to time (each a “Referral Program”). Unless otherwise stated in specific Referral Program materials:

these Terms apply in addition to any official rules or program-specific conditions;
participation is voluntary;
rewards, eligibility, and conditions may change at any time.

For full Referral Program details, please refer to the “Lumina Referral Program – Official Rules” set out below.

OTHER GENERAL TERMS

a. Modifications to the Terms

We may modify these Terms at any time. When we do so, we will post the updated Terms on our website and indicate the “last updated” date. We may also send you an email notice, but are not required to do so.

Your continued use of the Services or Products after any changes take effect constitutes your acceptance of the revised Terms.

b. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Where appropriate, an invalid provision will be replaced with a valid provision that most closely reflects the original intent.

c. No Waiver

Any failure by Lumina to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

d. Entire Agreement

These Terms, together with any documents incorporated by reference (including the Privacy Policy and any Product- or region-specific terms), constitute the entire agreement between you and Lumina regarding the Services and Products and supersede all prior or contemporaneous communications and proposals.

e. Assignment

Lumina may assign or transfer its rights and obligations under these Terms to any affiliate or successor, in whole or in part, without notice. You may not assign or transfer these Terms or your rights or obligations hereunder without Lumina’s prior written consent.

f. No Third-Party Beneficiaries

Except as expressly stated (e.g., with respect to Lumina’s affiliates or indemnified parties), these Terms are for the benefit of you and Lumina only and do not confer any rights on any third party.

g. Headings

Section headings are for convenience only and have no legal or contractual effect.

h. Notices & Contact

You agree that we may provide notices to you by:

email to the address associated with your account;
posting within the Services; or
mail to any address you have provided.

Notices are deemed effective:

when sent by email; or
when posted to the Services.

You may contact us at:

Lumina by som pte ltd, 1Goldhill Plaza, #20-07, Singapore 308899, Singapore