TERMS OF SERVICE
Date of Last Revision: May 9, 2025
Welcome to Lumina Life:AI Guide!
Lumina Life:AI Guide (“Lumina,” “we,” “us,” or “our”) invites you to access and use our website located at www.lumina-life.com(the “Website”), our mobile application (the “App”), which is accessible through tablets, smart phones, and other devices, and our services that are made available through our Website and the App (“Services”), subject to the following Terms of Service (the “Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY VISITING THE WEBSITE, AND/OR BY ACCESSING AND/OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF SERVICE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, THEN PLEASE DO NOT USE THE WEBSITE AND THE APP.
Some services offered through our Website or App may be subject to specific terms applicable only to those services. In such cases, the applicable terms will identify the contracting party—whether it’s an affiliate or a third party—and those terms, together with these Terms of Service, will govern your use of that particular service.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1.Description and Use of the Services
Services Description The Lumina app, leveraging artificial intelligence technology, offers AI healing chat and diverse information services. The AI healing chat function simulates real - life conversation scenarios through intelligent algorithms, providing users with emotional companionship and psychological counseling to aid in emotional regulation and spiritual growth. The information section covers topics such as energy healing, emotional regulation, relationship wisdom, numerology, and career growth. These articles, meticulously created by professional teams, are both in - depth and practical. In addition, the app provides daily and weekly astrological fortune predictions, enabling users to gain insights into life from an astrological perspective.
Subject to your strict compliance with these Terms of Service, Lumina grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) view, use, and interact with the content (including but not limited to text, images, and astrological insights) provided through the Lumina App (the “Content”) solely for your personal, non-commercial use.
The foregoing limited license: (ii) does not give you any ownership of, or any other intellectual property interest in, the Content;
and (iii) may be immediately suspended or terminated for any reason, in Lumina's sole discretion, and without advance notice or liability.
When using the Content, you must respect the intellectual property and other rights of Lumina and third parties. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2.ACCEPTANCE OF TERMS
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, OUR PRIVACY POLICY, AND ANY OTHER SUPPLEMENTAL TERMS, POLICIES, OR GUIDELINES THAT MAY APPLY TO SPECIFIC FEATURES OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MAY ONLY USE THE SERVICES UNDER THE SUPERVISION AND WITH THE CONSENT OF A PARENT OR LEGAL GUARDIAN. BY PERMITTING A TEEN TO USE THE SERVICES, THE PARENT OR GUARDIAN AGREES TO THESE TERMS ON BEHALF OF BOTH THEMSELVES AND THE TEEN, AND ASSUMES RESPONSIBILITY FOR THE TEEN’S USE.
3.Eligibility
The Services are available to individuals aged 13 and older. If you are under 13 years old, you are strictly prohibited from accessing or using the Services.
Users between 13 and 18 years old (each a "Teen") may only access and use the Services if:
(a) both the Teen and their parent or legal guardian have reviewed and agreed to these Terms of Service; and (b) the Teen accesses the Services using an account that has been created by their parent or legal guardian, with their explicit permission and under their direct supervision.
By allowing a Teen to use the Services, the parent or legal guardian agrees to be bound by these Terms of Service on behalf of both themselves and the Teen. The parent or legal guardian further acknowledges and accepts full responsibility for any and all activity conducted by the Teen on the Services, whether or not such use was expressly authorized.
Additionally, certain features and functionalities of the Services may only be accessible to users aged 18 and above.
Registered sex offenders are strictly prohibited from using the Services.
4.Use of Personal Information
Your use of the Website, the App and/or the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://www.lumina.com/privacy-policy), which is hereby incorporated by reference in its entirety.
5. License To Use The App
Lumina hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile App on a single mobile device that you own or control, and to use that copy solely for your personal, non-commercial purposes.
If you access or download the App through the Apple App Store or the Google Play Store (collectively, the “App Stores”), you agree to use the App only: (i) on a device that complies with the applicable platform requirements (such as iOS for Apple-branded devices or Android for compatible devices); and (ii) in accordance with the terms, conditions, and usage rules of the respective App Store.
We reserve all rights in and to the App not expressly granted to you under these Terms of Service.
By using the App, you agree that we may communicate with you regarding Lumina and related services via SMS, MMS, text messages, or other electronic means to your mobile device. You further agree that certain information about your usage of the App may be transmitted to us. If you change or deactivate your mobile number, you agree to promptly update your account information to prevent messages from being sent to someone who may acquire your old number.
6.ACCESSING AND DOWNLOADING THE APP FROM APPLE APP STORE
The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Service:
You acknowledge and agree that (i) these Terms of Service are concluded between you and Lumina only, and not Apple, and (ii) Lumina, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Lumina and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Lumina.
You acknowledge that, as between Lumina and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between Lumina and Apple, Lumina, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Service, you must comply with all applicable third-party terms of agreement when using the App.
7.Account Terms
To use certain features of the Lumina App, you must download it from the Apple App Store, Google Play, or other official stores. Some features require you to register as a "Registered User" by creating an account with a unique sign-in name, password, and possibly additional identity information ("Account Credentials").
While some features can be used without logging in, creating an account is necessary to access the full range of services. By registering, you agree to provide accurate, current, and complete information and to update it as necessary. If any information you provide is untrue or outdated, we may suspend or terminate your account and deny further use of the services.
You are responsible for maintaining the confidentiality of your Account Credentials and for all activities under your account. If you notice any unauthorized use of your account or a breach of security, you must notify Lumina immediately. We may modify or delete your account credentials at any time for security or policy reasons. Lumina is not liable for any loss caused by failure to secure your account.
You can also register and log in to Lumina using third-party platforms like Facebook or Google. By doing so, you agree to their respective terms of use, and Lumina is not responsible for the content of those terms.
If you no longer wish to use our services, you can request account deletion by emailing us at [email protected]. Once deleted, your account and any associated data (including free and paid content) cannot be recovered or reactivated.
Lumina may suspend or terminate your account, remove your content, and deny access to services if you violate these Terms, our Privacy Policy, or any applicable laws. Inactive accounts may also be removed after notice. We retain ownership of all account names and may reclaim or reuse them after termination.
You are responsible for backing up any important content, as we do not guarantee the permanent availability of your data. Upon account termination, access to your username, password, and associated content will be removed.
8.Modifications to Service
Lumina reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Lumina will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
9.General Practices Regarding Use and Storage
You acknowledge that Lumina may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Lumina’s servers on your behalf. You agree that Lumina has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Lumina reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Lumina reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10.Purchases
Lumina may offer products and services for purchase in exchange for a subscription or other fee (“subscription” or “in-app purchase”) through iTunes, Google Play, or other third-party payment platforms (collectively “External Party Store”) authorized by the Service. If you choose to make a subscription or in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as iTunes or Google Play) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Lumina or the third party account, as applicable, to charge you. By making a subscription or in-app purchase from Lumina, you acknowledge and agree that additional terms and conditions may apply to your use, access, and purchase of said subscription and in-app purchase, and such additional terms and conditions are incorporated by reference herein. Lumina is not responsible and shares no liability for any payment processing errors that may occur when using an External Party Store to make any subscription or in-app purchase. We recommend you review the terms and conditions of any External Party Store before making a subscription or in-app purchase. Moreover, for any subscription or in-app purchase, you will be billed in the manner selected by you without interruption until you cancel the subscription or in-app purchase pursuant to the terms and conditions of the External Party Store. Please note that features and content are offered for free in limited quantities so you may access and experience the offer before making any purchases. Lumina recommends making purchases responsibly and thoughtfully.
Please note that the Service may be used without a subscription, thus canceling or terminating your subscription does not delete your account or profile from Lumina. You must delete or terminate your account according to the procedures set forth in the App. Moreover, Lumina reserves the right to suspend or terminate any account WITHOUT providing a refund for any subscription or in-app purchase in the event of a violation of these Terms of Service, including but not limited to misuse of the App, unauthorized use of content, or providing false information.
Notice To California Subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using iTunes or Google Play, refunds are handled by Apple and Google respectively, not Lumina. If you wish to request a refund, please visit the refunds information detailed below.
Refunds. Depending on your device type, you will have made a purchase with either the App Store (iOS) or the Play Store (Android). Lumina does not handle these payments or refunds directly, you must contact the Store where the purchase was made to request a refund or seek any payment related assistance. Your purchase will indicate that it was made for “Lumina” app on your credit card statement.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following terms may apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Lumina) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
For subscribers residing in the European Union or European Economic Area. In accordance with local law, you are entitled to a full refund within the 14 days after the subscription commences. The 14-day cancellation period starts when the subscription begins.
Apple automatic renewal service instructions 1.Payment: After the user confirms the purchase and makes the payment, it will be credited to the Tunes account;
2.Cancel renewal: To cancel your subscription to paid features (the app is available from the Apple App Store), you can access your Apple subscription directly through the Settings page. You can go to the Settings page, then go to your Apple ID, iCloud, iTunes, and the App Store, enter your Apple ID, view your Apple ID, view your subscriptions, and then click on the app. You must cancel your subscription using the appropriate functionality of the Services or the Apple App Store at least twenty-four (24) hours before the start of your next subscription period to avoid being charged for your next subscription period. For more details, you can refer to Apple's official guide: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
3.Renewal: Apple's iTunes account will be deducted within 24 hours before expiration. After the deduction is successful, the subscription period will be extended by one subscription period.
Lumina Team has carefully provided free access to certain features for users to assist with the decision to make a satisfactory purchase. However, if you are unsatisfied or made a purchase in error, follow the instructions below to request a refund:
Play Store / Android device users:
https://support.google.com/googleplay/answer/2479637?hl=en
App Store / iOS device users:
https://support.apple.com/en-us/HT204084
11.Intellectual Property Rights
Content, and Trademarks. The App, the Website and the Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, tutorials, including Audio Files and the voice associated with the Audio Files (the “Voice”) and other material provided by or on behalf of Lumina (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Without limiting the foregoing, Lumina owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of all Audio Files. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, trade names, service marks, and logos of Lumina (“Lumina Trademarks”) used and displayed on the Website, the App and the Services are registered and unregistered trademarks or service marks of Lumina. Other company, product, and service names located on the Website, the App and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Lumina Trademarks, the “Trademarks”). Nothing on the Website, the App and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Lumina Trademarks inures to our benefit.
Elements of the Website, the App and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
12.Third-Party Material.
Under no circumstances will Lumina be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Lumina does not pre-screen content, but that Lumina and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Lumina and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Lumina, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
13.User Input Provided Through the Service
The Services may allow you to provide certain information, such as your birth details, preferences, and other personal insights (collectively, “User Input”) in order to receive personalized astrological guidance and lifestyle recommendations. You acknowledge and agree that any User Input you provide is solely for the purpose of generating individualized content within the App. Such input is not publicly visible or shared with other users, and is processed in accordance with our Privacy Policy.
YOU, AND NOT LUMINA, ARE ENTIRELY RESPONSIBLE FOR ENSURING THAT THE INFORMATION YOU PROVIDE IS ACCURATE AND LAWFUL. Lumina is not obligated to retain or store any User Input beyond what is necessary to operate and improve the Services.
You retain all rights to your User Input. However, by entering this information, you grant Lumina a non-exclusive, royalty-free, worldwide license to use and process the data strictly for the purpose of delivering and improving the Services. This may include formatting, translating, or analyzing the input using internal tools or technologies.
By providing such information, you confirm that you have the right to do so, and that your input does not infringe on the rights of any third party or contain any unlawful material.
You understand and agree that all personalized insights, astrological interpretations, and related guidance provided by Lumina may be partially or entirely generated by artificial intelligence models, and are intended solely for personal reflection and general informational purposes. Such content does not constitute professional advice or diagnosis, including but not limited to medical, psychological, legal, or financial advice.
Lumina makes no warranties, express or implied, regarding the accuracy, completeness, or applicability of AI-generated content. You are solely responsible for how you interpret and use such content, and for any actions you take based on it.
Lumina processes User Input solely to the extent reasonably necessary to deliver, maintain, and improve the Services. We do not use your User Input to train publicly available third-party AI models, nor do we use your personal data for advertising, profiling, or resale.
All data processing is conducted in accordance with our Privacy Policy and applicable data protection regulations. Unless otherwise required by law, we do not access or use your personal information for any purposes outside of the Services without your explicit consent.
14.Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Feedback”), provided by you to Lumina are non-confidential and Lumina will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15.Use of Celebrity Information
Any celebrity featured on the Service is there for informational and newsworthy purposes only. A celebrity’s presence on our Service does not constitute his or her endorsement of Lumina or any information or material located thereon. Moreover, the presence of any celebrity on Lumina does not imply or warrant Lumina’s endorsement of that said celebrity.
We encourage any celebrity or his or her representative to contact us at [email protected]to request information or content removal from Lumina.
16.Copyright Complaints
Lumina respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Lumina of your infringement claim in accordance with the procedure set forth below.
Lumina will review and address notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
To submit a DMCA takedown request, please email us at: [email protected](Subject: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
•A description of the copyrighted work or other intellectual property that you claim has been infringed;
•A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
•Your address, telephone number, and email address;
•A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
•A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
•Your physical or electronic signature;
•Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
•A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
•Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York City, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Lumina will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Lumina has adopted a policy of terminating, in appropriate circumstances and at Lumina’s sole discretion, users who are deemed to be repeat infringers. Lumina may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
17.Third-Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Lumina has no control over such sites and resources and Lumina is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Lumina will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Lumina is not liable for any loss or claim that you may have against any such third party.
18.Indemnity and Release
You agree to release, indemnify and hold Lumina and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
19.Disclaimer of Warranties
THE WEBSITE, THE SERVICES, THE APP, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER Lumina NOR ITS SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS OF SERVICE, AND Lumina HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Lumina MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE WEBSITE, THE APP, THE CONTENT AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE.
THE SERVICES ARE INTENDED TO PROVIDE HELPFUL, EDUCATIONAL, AND INFORMATIVE MATERIAL RELATED TO ASTROLOGY AND PERSONAL RELATIONSHIPS FOR YOUR ENTERTAINMENT ONLY. YOU ACKNOWLEDGE AND AGREE THAT Lumina DOES NOT RENDER PSYCHOLOGICAL, HEALTH, MEDICAL OR ANY OTHER KIND OF PERSONAL PROFESSIONAL SERVICES THROUGH THE WEBSITE, THE APP AND THE SERVICES. IF YOU REQUIRE PERSONAL PSYCHOLOGICAL, HEALTH, OR OTHER ASSISTANCE OR ADVICE, PLEASE CONSULT A COMPETENT, LICENSED PROFESSIONAL.
THE SERVICES MAY SUGGEST THAT YOU CONNECT WITH ANOTHER USER THAT HAS RECEIVED READINGS SIMILAR TO YOUR OWN. Lumina SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK THAT IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OF THE SERVICES, INCLUDING ANY ACTIONS YOU TAKE OR REFRAIN FROM TAKING AS A RESULT OF READINGS YOU RECEIVE THROUGH THE SERVICES AND THE ACTIONS OF ANY USERS YOU CONNECT WITH THROUGH THE SERVICES. Lumina FURTHER DISCLAIMS ANY LEGAL LIABILITY FOR THE RELIABILITY OF ANY FEATURES RELATED TO THE SERVICES. YOU HEREBY AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY ACTIONS YOU TAKE BASED ON OR RELATED TO YOUR USE OF THE SERVICES.
THE AUDIO FILES. AUDIO FILES CONTAIN A VARIETY OF: MATERIALS AND OTHER ITEMS RELATING TO Lumina AND ITS PRODUCTS AND SERVICES, AND SIMILAR ITEMS FROM OUR LICENSORS AND OTHER THIRD PARTIES, INCLUDING ALL LAYOUT, INFORMATION, ARTICLES, POSTS, TEXT, DATA, FILES, IMAGES, SCRIPTS, DESIGNS, GRAPHICS, BUTTON ICONS, INSTRUCTIONS, ILLUSTRATIONS, AUDIO CLIPS AND FILES, MUSIC, SOUNDS, PICTURES, VIDEOS, ADVERTISING COPY, URLS, TECHNOLOGY, SOFTWARE, INTERACTIVE FEATURES, AND THE COMPILATION, ASSEMBLY, AND ARRANGEMENT OF THE MATERIALS OF THE AUDIO AND ANY AND ALL COPYRIGHTABLE MATERIAL (INCLUDING SOURCE AND OBJECT CODE). NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. COMPANY AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE DIGITAL AUDIO FILES. YOU UNDERSTAND THAT BY USING AND ACCESSING THE AUDIO FILES, YOU MAY ENCOUNTER CONTENT THAT YOU MAY DEEM TO BE OFFENSIVE OR OBJECTIONABLE, AND THAT SUCH CONTENT MAY OR MAY NOT BE IDENTIFIED AS HAVING EXPLICIT MATERIAL. NEVERTHELESS, YOU AGREE TO THE USE OF THE AUDIO FILES AT YOUR SOLE RISK AND COMPANY SHALL HAVE NO LIABILITY TO YOU FOR MATERIAL THAT MAY BE FOUND TO BE OFFENSIVE OR OBJECTIONABLE.
NO CRIMINAL CHECKS. YOU UNDERSTAND THAT Lumina DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON USERS OF THIS SERVICE OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Lumina MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS.
HOWEVER, Lumina RESERVES THE RIGHT TO CONDUCT, AND YOU AUTHORIZE Lumina TO CONDUCT, ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AS IT DEEMS NECESSARY, (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS ON THIS SERVICE. SEX OFFENDER REGISTRATION SCREENINGS AND OTHER SIMILAR TOOLS DO NOT GUARANTEE YOUR SAFETY ON THIS SERVICE AND ARE NOT A SUBSTITUTE FOR FOLLOWING COMMON SENSE SAFETY PRECAUTIONS AND OTHER REASONABLE SAFETY MEASURES. YOU SHOULD ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE ONLINE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY Lumina, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING HARASSMENT, BULLYING, FRAUD, ABUSE, OR OTHER SIMILAR INAPPROPRIATE BEHAVIORS.
20.Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Lumina WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Lumina HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Lumina’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Lumina IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
21.Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate.
In the event of a dispute arising under or relating to this Agreement, the Website, the Products, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.
Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING
Pre-Arbitration Dispute Resolution. Lumina is interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support a tcontact [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Lumina should be sent to [email protected](“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Lumina and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Lumina may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Lumina or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Lumina is entitled.
22.Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
23.Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
24.Termination
You agree that Lumina, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Lumina believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Lumina may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Lumina may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Lumina will not be liable to you or any third party for any termination of your access to the Service.
25.General
These Terms of Service constitute the entire agreement between you and Lumina and govern your use of the Service, superseding any prior agreements between you and Lumina with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Lumina agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York City, New York. The failure of Lumina to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Lumina, but Lumina may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions? Please contact us at [email protected]to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.