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Terms and Conditions

Introduction

Welcome to Lumenty.com ("Lumenty Website"). This Website is operated by Lumenty Technologies Inc., 3411 Silverside Rd., Tatnall Bldg, STE 104, Wilmington DE 19810 U.S.A. (“Lumenty”). The Website contains certain information regarding the Lumenty proprietary LED lightbulb/device monitoring and control service and related software and also allows you to create a Lumenty account (“Lumenty Account”).

Acceptance Of Terms

Your use of the Lumenty Website, Lumenty Account and the Software (or any part thereof) (collectively the “Lumenty Service”) is governed by these Terms of Service, which constitute a binding legal agreement between you and Lumenty (“Agreement”). By using the Lumenty Service you agree to abide by these Terms of Service. If you do NOT agree to all of these Terms of Service, you should NOT access or use any aspect of the Lumenty Service. These Terms of Service will remain in full effect for the time that you continue to use or access the Lumenty Service or until terminated in accordance with the provisions of this Agreement. These terms may change from time to time at the discretion of Lumenty and such changes will take effect from the time such changes are posted on the Lumenty Website. You should regularly review these Terms of Service. Lumenty reserves the right to make changes to, suspend or terminate Lumenty Accounts at its discretion without prior notice.

Access To The Service

Lumenty hereby grants you the right to use the Lumenty Service solely for accessing, monitoring and controlling the Lumenty Lightbulbs/Devices installed at your own property from your own mobile or other computer devices and you are solely responsible for restricting access to such computer devices that can monitor and control the Lumenty Lightbulbs/Devices installed on your property. Lumenty reserves the right to limit the number of Lumenty Accounts that can be created from a computer device and the number of computer devices that can access an individual Lumenty Account.

Lumenty reserves the rights to either temporarily or permanently modify or terminate the Lumenty Service (or any part thereof). Lumenty will post on our website and/or will send you an email to the address associated with your Lumenty Account to provide the notice of any material changes to the Lumenty Service. If you do not like the modifications to the Lumenty Service, your sole remedy is to cease using the Lumenty Service.

Privacy Policy

Personal information provided or collected through or in connection with the Lumenty Service shall only be used in accordance with the Lumenty Service Privacy Policy at www.lumenty.com/pages/legals, and these Terms of Use are subject to the Lumenty Service Privacy Policy.

Interruptions To And Availability Of The Lumenty Service

Lumenty is not liable for any interruptions to internet connectivity, Bluetooth/Wi-Fi connectivity or availability of services offered through third parties. Any materials downloaded from the Lumenty Website are done so at your own risk. Lumenty will not be held accountable for damage to computer equipment or loss of data as a result of downloads from the Lumenty Website. Lumenty will not be responsible for any problems or liability arising from the use of third party software or hardware in relation to the Lumenty Service.

You agree that the Lumenty Service availability is dependent on your mobile or computer device, device carrier, your internet service provider, your home wiring, your Bluetooth/Wi-Fi hardware and other software and hardware that is used to control the Lumenty Service. You acknowledge and agree that Lumenty cannot be held responsible for fees and charges associated with these products and services. Third-party Software, Hardware or content You agree that Lumenty cannot be held responsible for software, hardware or content developed by third parties that interacts with the Lumenty Service or the Lumenty Lightbulb/Devices. It is your responsibility to read and accept any third party user licensing agreements. In the event that the third party terms of service are less restrictive than the Lumenty Terms of Service, then the Lumenty Terms of Service will apply.

Any link from the Lumenty Website or Lumenty App to any third party website or content will not be considered an endorsement of such website or content, or the products or services available through such website.

Indemnification and Release

You agree to indemnify and hold harmless Lumenty, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of any violation of these Terms of Service by you.

If you have a dispute with one or more users of the Lumenty Service, you release Lumenty, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

DISCLAIMER; Limitation of Liability THE LUMENTY SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". LUMENTY AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY ASPECT OF THE LUMENTY SERVICE. IN NO EVENT SHALL LUMENTY OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE LUMENTY SERVICE, EVEN IF LUMENTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF LUMENTY.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

Ownership by Lumenty

Lumenty and/or its licensors retain all right, title, and interest in and to the Lumenty Service and all aspects thereof, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from any aspect of the Lumenty Service or any Lumenty product.

You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Lumenty Service (“Feedback”) that are not already subject to third party intellectual property rights may be used by Lumenty or any other user of the Lumenty Service without compensation or attribution, and you hereby grant Lumenty, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license under all intellectual property rights in the Feedback for any purpose. You acknowledge that any Feedback submitted to Lumenty or the Lumenty Website constitutes “publication” of such inventions under applicable patent law.

General

Export Control: You may not use or otherwise export or re-export the Lumenty Service (or any aspect thereof) except as authorized by United States law and the laws of the jurisdiction in which the Lumenty Service was obtained. In particular, but without limitation, the Lumenty Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Lumenty Service, you represent and warrant that you are not located in any such country or on any such list.

Assignment: You may not assign this Agreement or any of your rights, obligations, or liabilities hereunder without the prior written consent of Lumenty, and any attempted assignment or delegation in violation of the foregoing will be void.

Jurisdiction; Dispute Resolution: This Agreement or the performance, enforcement, breach or termination hereof shall be construed, governed, and interpreted in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. The terms of the United Nations Convention on Contracts for the International Sale of Goods (1980) shall not apply to the interpretation or enforcement of this Agreement. You consent to the jurisdiction of all federal and state courts in Wilmington, Delaware and agree that venue shall be in Wilmington, California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or use of the Lumenty Service or Lumenty Lightbulbs shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator[s] may be entered in any court having jurisdiction thereof.

Severability: If any provision, right or remedy provided for herein is determined by a court of competent jurisdiction to be invalid, void or enforceable, the validity and enforceability of the remaining provisions will not be affected thereby.

No Waiver: No waiver will be implied from conduct or failure to enforce rights. No provisions of this Agreement shall be deemed waived unless such waiver is in writing and signed by the authorized representative of the party against whom it is sought to be enforced. Waiver by either party of any default by the other party of any provision of this agreement shall not be deemed a waiver by the waiving party of any subsequent or other default.

Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous agreements or understandings, whether oral or written, with respect to such subject matter.

Privacy Policy

Your privacy is important to us here at Lumenty technologies Inc., and we want to be clear how we are using your information and the ways in which you can protect your privacy.

Our Privacy Policy explains:

This Privacy Policy applies to the information that we obtain through your use of Lumenty technologies Inc. services, including our Lumenty website (https://www.lumenty.com), Lumenty mobile application, and other services (collectively “Services”). Your privacy matters to us so please take the time to familiarize yourself with our policies, and if you have any questions please contact us at support@lumenty.com. This policy is incorporated into and is subject to the Terms of Service https://www.lumenty.com/terms-of-service.

Information We Collect

Information you provide to us

We collect the following information:

Account and Profile Information: We collect information about you when you create a support account or make purchases through our Services. Information we collect includes your name, address, email address, and phone number.

Payment Information: When you make payments through our Services, you may need to provide financial account information, such as your credit card number, to our third-party payment services.

Purchase Information: We collect information about what products you purchase through our Services. When you purchase our products from online retailers or in stores, you provide your information directly to those retailers and their use of your information is governed by their privacy policies.

Other submissions: We collect other data that you may submit to our Services or us directly, such as when you request customer support, sign up for a mailing list, or communicate with us via email or social media sites.

Information we collect from your use of our Services

Web Logs and Analytics Information: We record certain information and store it in log files when you interact with our Services. This information may include internet protocol (IP) address, URLs of referring/exit pages, information you search for, locale, and mobile device type. We and our analytics providers also collect and store analytics information when you use our Services to help us improve our Services.

Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies that we save to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory. We use cookies to improve and customize our Services and your experience; to allow you to access and use support services without re-entering your username or password; and to count visits and understand which areas and features of the Services are most popular. We may also associate the information we store in cookies with personal information you submit while on our Services. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services.

Information we collect from other sources

Information from third party services: We may obtain information, including personal information, from third parties such as our partners and service providers, and combine it with other information we collect from you.

How We Use Information We Collect

We may use the information we collect for a variety of purposes, including to:

Information Sharing and Disclosures

We may share your information in the following ways:

Your consent: We will share your personal information with companies, organizations, or individuals outside of Lumenty technologies Inc. when we have your consent to do so.

Service Providers, Business Partners and Others: We may share your information with service providers and other third parties who perform services on our behalf, such as analytics and marketing services. We provide your payment information to our service providers for payment processing and verification. Service providers and other third parties such as analytics providers may collect information about your online activities over time and across different online services when you use our Services.

Compliance with Laws and Law Enforcement Requests; Protection of Our Rights: We may disclose your information (including your personal information) to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and terms of service, (c) to protect the security or integrity of Lumenty technologies Inc. products and services, (d) to protect the property, rights, and safety of Lumenty technologies Inc., our customers or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person, or (f) to investigate and defend ourselves against any third-party claims or allegations. Business Transfers: We may share or transfer your information (including your personal information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. We will notify you of such a change in ownership or transfer of assets by posting a notice on our website. Aggregate or Non-identifying Data: We may share aggregate or other non-personal information that does not directly identify you with third parties in order to improve the overall experience of our Services.

The Choices You Have With Your Information

You may decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of our Services. You may update or correct some of your personal information at any time by accessing the support profile settings page on the website or by contacting us at support@lumenty.com.

You may opt out of receiving promotional communications from Lumenty technologies Inc. by using the unsubscribe link within each email. Even after you opt out from receiving promotional messages from us, you will continue to receive administrative and security messages from us regarding the Services.

Data Security

We take reasonable measures to protect your personal information in accordance with this Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

Children's Policy

Our Services are not directed to individuals under 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us at support@lumenty.com.

International Users

Our Services are hosted in the United States and processed globally. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your information outside of those regions to the United States for storage and processing. By providing your information, you consent to any transfer and processing in accordance with this Policy.

Changes to Our Privacy Policy

We may change this Privacy Policy from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Policy and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the home screen or sending you an email notification). Your continued use of our Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of this Policy.

Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at support@lumenty.com.

Guidelines for using Lumenty trademarks

These guidelines (Guidelines) set out the rules for using or referring to the trademarks owned by Lumenty technologies Inc., 3411 Silverside Rd, Tatnall Bldg, STE 104 Wilmington DE 198107, U.S.A. ("Lumenty"). These Guidelines are designed to protect us from a legal perspective, but also to ensure our customer support team isn't spending a bunch of time fielding enquiries for third party apps.

Short version...

Official sounding version...

For the purposes of these Guidelines, any reference to "Lumenty trademark(s)" includes all registered or unregistered trademarks and trade names (such as words, names, symbols, devices, slogans, or combination of these) owned by Lumenty from time to time and including, without limitation, the word 'Lumenty®' and our symbol.

These Guidelines apply to any party wishing to use or refer to Lumenty trademarks. If you are a licensee of a Lumenty trademark and have been provided with special trademark usage guidelines with your licence agreement, please follow those guidelines. If your licence agreement does not provide usage guidelines, then follow these Guidelines.

By using a Lumenty trademark, you are acknowledging that Lumenty is the sole owner of the trademark and promising that you will not interfere with Lumenty's rights to the trademark, including challenging Lumenty's use, registration of, or application to register such trademark, alone or in combination with any other words or symbols, anywhere in the world. The goodwill derived from using any part of a Lumenty trademark ensures exclusively to the benefit of and belongs to Lumenty.

You may use or refer to the Lumenty word mark (but no part of the Lumenty logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Lumenty product or technology, provided they comply with the following requirements:

Nothing in these Guidelines permit you to use or register in any jurisdiction, whether foreign or domestic, a trade mark, company, business or domain name that incorporates any Lumenty trademark.

Return Policy

If you are not satisfied with your Lumenty bulb purchased directly from the Lumenty website (the "Product"), Lumenty’s return policy allows you to return the Products purchased by you directly from the Lumenty website by contacting us via email support@lumenty.com within the 60 day period following date of shipment by Lumenty. If the item is returned undamaged, in its original condition, and in the original packaging in accordance with this policy, we will exchange it or offer a refund of the purchase price paid, which refund will be made by crediting the account used to make the original purchase. The Product must be received by Lumenty within 30 days after approval and issuance of a RFR number.

All Products must be packed in the original packaging including any accessories, manuals, documentation, and registration that shipped with the Product.

Shipping and handling charges, gift wrap fees, and taxes paid (e.g., state, customs, VAT) are not required to be refunded. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to Lumenty. If you return Product to Lumenty (a) without a RFR from Lumenty, (b) beyond the 30 day RFR issuance period, or (c) without proper packaging, Lumenty retains the right to either refuse delivery of such return or charge you a restocking fee. The time to credit your account may vary, depending on processing time. Please allow a minimum of 10 business days for Lumenty to credit the account used to make the original purchase.

Payment Methods

Our online store accepts Visa, MasterCard, Amex, Discover, JCB and Diners Club. We also accept PayPal, including PayPal Express checkout, Affirm Repayments, and Amazon Payments.

Duties & Taxes Outside of the US

Orders being shipped outside of the US may be subject to tax & duty charges when entering the destination country. Please note that Lumenty has no control over the amount of these charges, as customs policies can vary widely. These charges must be paid by the recipient of the parcel. For further information on charges in your local area, we would recommend contacting your local customs office

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