This User Agreement, the and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which Lumanu, INC (“Lumanu, INC” or Lumanu.com or app.lumanu.com or SocialCert.me and sometimes “we” or “our”) offers you access to and use of our Services. By continuing on any of our websites, you agree to be bound by these terms and conditions. Please read the following carefully.
Lumanu, INC reserves the right to update and change this User Agreement at any time without notice and such changes take effect across Lumanu and SocialCert when posted on www.lumanu.com. All new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this User Agreement. Continued use of the Service after any such changes shall constitute your consent to said changes.
Violation of any of the terms below will result in the termination of your account. While Lumanu, INC prohibits such conduct and content on the service, you understand and agree that Lumanu, INC cannot be held responsible for the content posted on the Service and you may be exposed to such content. You agree to use the Service at your own risk.
Description of Website and Services
We provide you with a variety of materials and capabilities through Lumanu’s Websites and Services. In connection with your use of the Websites, you may receive communications from us, such as service announcements, and administrative messages, and that these communications are considered part of the use of the Website and you will not be able to opt out of receiving them. In order to access the Website and Services, you may be required to provide information about yourself (such as identification or contact details) from time to time, including, but not limited to, as part of the registration process for the Website, or as part of your continued use of the Website and Services. You promise that any registration information you give to us will always be accurate, correct and up to date. We promise to take commercially reasonable steps to preserve the confidentiality of such information. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website and Services. Accordingly, you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you promise to notify us immediately. In order to use certain functionality within Lumanu services, you may be required to share sensitive information through your Facebook ad accounts (such as conversion files or customer lists). We promise to take commercially reasonable steps to preserve the confidentiality of such information (including hashing and/or never storing your sensitive data).
You must be human. Lumanu and SocialCert accounts registered by bots and other automated methods are not permitted.
Lumanu, INC may communicate with you via email regarding your account, updates, news, and other issues related to your account. You automatically get subscribed to our mailing lists and newsletters. You can choose to unsubscribe from receiving emails.
You are responsible for maintaining the security of your account and password. Lumanu, INC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
We have soft limits on all our plans and should we believe that you are abusing the service, we may temporarily suspend your account and will seek your cooperation in this regard.
We reserve the rights to accept or refuse to any potential client. We have the sole discretion on whether to allow you to register, renew, change plan, or use our services. When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement as we decide in our sole and absolute discretion.
Restrictions on Method of Access
You promise not to access (or attempt to access) any of the Website by any means other than through the interface(s) that are provided by us. Without limiting the generality of the foregoing, you specifically promise not to access (or attempt to access) any of the Website through any automated means (including use of scripts or crawlers) other than customary indexing of content by search engines. Similarly, you promise that you will not provide any third party access to material on the Website (or facilitate their attempt to access) by any means other than through the interface that is provided by us. Payments, Refunds, Upgrading and Downgrading Terms
A valid credit card or other approved billing method is required for paying accounts to facilitate SaaS and SmarBoost payment when applicable.
You will be billed for every 30 days of service for agreed up SaaS fee plus SmartBoost charges if applicable. You may cancel our service any time and you won’t be charged again, but you are solely responsible for the charges already incurred.
You are responsible for whatever charges have been incurred. Due to equality policy for our customers, no exceptions will be made.
Cancellation and Termination
The account owner is the only person who can cancel an account. You are solely responsible for providing written communicating to cancel your account. Account cancellations typically take about 2-3 business days to be processed. Once your account is canceled, all your account information will be permanently deleted. You won’t be charged again after your official cancellation date with the exception of outstanding payments owed related to SmartBoost or SaaS.
Lumanu, INC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Lumanu, INC service, for any reason, at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account. Lumanu, INC reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Lumanu, INC reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to subscription plan fees of the Service, are subject to change without notice from us. Lumanu, INC shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Third Party Sites/Services
The Website and Services includes links to other websites or services (including, but not limited to social networks advertisements and payment providers) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by Lumanu of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and User Agreement/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites is not under the control of Lumanu and Lumanu does not provide or endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites. Lumanu is not responsible if any Linked Site is not functioning properly. Lumanu makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that Lumanu is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of any advertisers found on or through the Websites, including in or through the Services, are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or available on or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Lumanu is neither responsible nor liable for any part of such dealings with any third parties, including any Promotions.
What this really means: We make it easy to run media through partner accounts, and hence social platforms. We connect to the APIs of these platforms. If these 3rd party sites are not working properly we will do our best to help. But it’s ultimately not our responsibility.
Copyright and Ownership
Lumanu, INC or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which Lumanu, INC or its suppliers own.
When you provide content using the Services (directly or indirectly), you grant Lumanu INC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Lumanu INC, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Lumanu INC takes no responsibility and assumes no liability for any content provided by you or any third party.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You understand that Lumanu, INC uses third party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the service.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any of our Services;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of this User Agreement;
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
You agree not to resell, duplicate, reproduce, or exploit any part of the Service without the explicit written permission of Lumanu, INC.
You may not use the service to transmit any viruses, worms, or malicious content.
Lumanu, INC makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
If any provision of this User Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
Lumanu, INC may, but have no obligation to, remove Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or User Agreement.
In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.lumanu.com.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
This User Agreement sets forth the entire understanding between you and Lumanu, INC as to the Service, and supersedes any prior agreements between you and Lumanu, INC (including, but not limited to, prior versions of this User Agreement).
Any questions regarding this User Agreement should be addressed to email@example.com
Agreement to Arbitrate
You and Lumanu each agree that any and all disputes or claims that have arisen, or may arise, between you and Lumanu (including any disputes or claims between you and a third-party agent of Lumanu) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of Lumanu or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed Notice of Dispute ("Notice"). The Notice to Lumanu should be sent to Lumanu Inc., 1528 Webster Street, Oakland, CA 94612. Lumanu will send any Notice to you to the physical address we have on file associated with your Lumanu account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Lumanu are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Lumanu may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. In the event Lumanu initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Lumanu account. Any settlement offer made by you or Lumanu shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Oakland, California or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Lumanu may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Lumanu subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Lumanu may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Lumanu user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Lumanu will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Lumanu should be submitted by mail to the AAA along with your Demand for Arbitration and Lumanu will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Lumanu for all fees associated with the arbitration paid by Lumanu on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
These Terms shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to Your access to or use of the Service. Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210