Terms of Service
Welcome to Lumi
Welcome to Lumi, accessible via our website https://lum-i.com (the "Website") and our mobile application, provided by BeyondBrain Corp., with its principal place of business in Japan ("Lumi"). Our platform is dedicated to revolutionizing travel planning by AI-driven personalization, tailored to meet the unique needs of tech-savvy travelers seeking personalized and flexible travel experiences.
These terms and conditions are crafted to define and govern the relationship exclusively between Lumi and the users of our platform (hereinafter, the "Users").
BY ENGAGING WITH OUR PLATFORM THROUGH REGISTRATION OR BY UTILIZING OUR SERVICES, USERS EXPRESSLY ACKNOWLEDGE AND CONFIRM THEIR UNDERSTANDING OF THESE TERMS AND CONDITIONS, AND AGREE TO ABIDE BY THEM, ALONG WITH ALL APPLICABLE LAWS AND REGULATIONS. USERS’ ACCEPTANCE OF THESE TERMS IS A PREREQUISITE TO UTILIZING THE SERVICES OFFERED BY LUMI. SHOULD USERS DISAGREE WITH ANY PART OF THESE TERMS, THEY ARE ADVISED NOT TO USE OUR PLATFORM OR SERVICES.
It is essential to clarify that Lumi does not operate as a traditional travel agency, tour operator, or tourist service provider. Consequently, we are not governed by the regulations typically applicable to such entities. Users, therefore, must not misrepresent Lumi's role to third parties.
- THE SERVICES
- Lumi's platform offers a unique blend of services enabling Users to optimize their travel plans by leveraging both artificial intelligence and human expertise. Specifically, Lumi assists Users in the planning of:
- Activities: Providing recommendations for various activities based on the User's preferences and local offerings.
- Accommodations: Offering suggestions for accommodations tailored to the User's preferences, location, and budget.
- Meals: Recommending dining options according to the User's dietary preferences and budget constraints.
- Complementary Services
- Social Sharing: Lumi encourages Users to share their travel plans and experiences on the platform, fostering a community of explorers.
- SCOPE OF LICENSE
- You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Lumi application (the "Licensed Application") on any Apple-branded products that you (the End-User) own or control, in accordance with the Usage Rules set forth in the App Store Terms of Service. This license also permits the Licensed Application to be accessed and used by other accounts associated with you (the End-User, the Purchaser) via Family Sharing or volume purchasing.
- This license covers any updates to the Licensed Application provided by Lumi that replace, repair, and/or supplement the original application, unless such updates come with a separate license, in which case the terms of that separate license will govern.
- You may not reverse engineer, translate, disassemble, decompile, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, or any part thereof, without Lumi's prior written consent. This restriction is in place to protect the intellectual property contained within the Licensed Application and ensure the security and functionality of the service.
- You are prohibited from copying (except as expressly permitted by this license and the Usage Rules) or altering the Licensed Application or any portion thereof. You are allowed to make and store copies solely for backup purposes on devices that you own or control, as long as such copies are made in accordance with this license, the App Store Terms of Service, and any other applicable terms and conditions.
- 2.5 Violating the aforementioned obligations, as well as attempting such violations, may lead to legal action against you and could result in significant damages being assessed.
- 2.6 Lumi reserves the right to modify the terms and conditions of this licensing agreement at any time, reflecting changes to the Licensed Application or its usage policies.
- 2.7 This license agreement does not restrict your compliance with any third-party terms and conditions that may apply when using the Licensed Application. It is your responsibility to ensure that your use of the Licensed Application is in compliance with all applicable third-party terms and conditions.
- USER GENERATED CONTRIBUTIONS
- The Lumi platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Lumi platform. This includes but is not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Lumi platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Lumi, and other users of the platform to use your Contributions in any manner contemplated by the platform and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the platform and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
- Any use of the Lumi platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Lumi platform.
- ACCESS AND REGISTRATION
- To benefit from Lumi's services, Users must complete the registration process, which involves agreeing to these Terms and Conditions, our Privacy Policy, and Cookie Policy. It is the User's responsibility to ensure that all provided information is accurate, true, and updated as necessary.
- BOOKING PROCESS
- Lumi serves as a facilitator for Users to make informed decisions regarding their travel arrangements. It is important to note that actual bookings for activities, accommodations, and meals are made through third-party providers. Lumi's role is to direct Users to these third-party services without being part of the contractual relationship between the User and the service provider.
- WARRANTIES AND LIMITATION OF LIABILITIES
- Lumi endeavors to provide a robust platform for travel planning but does not guarantee the accuracy or reliability of the information provided nor the quality of the services arranged through third-party providers. Lumi shall not be held liable for any direct or indirect damages resulting from the use of the platform or services.
- Refund Policy
- Nature of Services: Lumi provides personalized travel planning, which is not tangible good and thus not subject to traditional refund policies.
- Service Subscription Refunds:
- Non-refundable Subscription Fees: Due to immediate resource allocation for providing personalized services, subscription fees are not refundable once charged.
- Trial Periods: Cancellations during any offered trial period will not incur charges.
- Refunds for Third-Party Services:
- Subject to Provider Policies: Refunds for bookings with third-party service providers are governed by the providers' own refund policies.
- Lumi Assistance: Lumi will assist in communicating with third-party providers regarding their refund policies upon request.
- Cancellations and Changes:
- Direct Lumi Services: Contact customer support for cancellations or changes. Refunds or credits depend on the specific service and timing of the cancellation.
- Third-Party Services: Directly contact the service provider for cancellations or changes. Lumi can assist in facilitating communication but does not influence third-party refund decisions.
- Non-refundable Circumstances:
- Services fully rendered by Lumi.
- Personalized planning services.
- Special promotions explicitly marked as non-refundable.
- Feedback and Disputes:
- Contact Lumi's customer support with any service concerns or charge disputes.
- Contacting Support:
- For inquiries or assistance regarding refunds or third-party services, contact Lumi's support team via the platform's provided contact information.
- Policy Updates:
- Lumi may update this Refund Policy, with changes communicated through the platform or email.
- Continued use of Lumi's services after policy modifications constitutes acceptance of the new terms.
- USERS' OBLIGATIONS
- Users agree to use the Lumi platform responsibly and in compliance with all applicable laws and regulations. Misuse of the platform in any form that could damage, disable, overburden, or impair the functioning of the platform, or interfere with any other party's use and enjoyment of Lumi, is strictly prohibited.
- INDEMNIFICATION
- Users agree to indemnify and hold harmless Lumi and its affiliates from any claims, damages, or expenses arising from their misuse of the platform or violation of these Terms.
- INTELLECTUAL PROPERTY
- All Intellectual Property Rights in and to the Lumi platform (the "Service") and all content within the Service, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, system scripts, graphics, photos, sounds, music, videos, source and object codes, files, interfaces, and trade secrets (collectively, "Intellectual Property"), are owned by or licensed to BeyondBrain Corp., and are protected by copyright and other Intellectual Property rights under applicable law. Except as explicitly provided herein, no user is granted any license or right, whether expressly or by implication, to use any of the Intellectual Property without the prior express written permission of BeyondBrain Corp.
- Users who share content through the Lumi platform assert that they possess all necessary rights to do so, thereby absolving BeyondBrain Corp. of any liability regarding the content's legality and accuracy. By contributing content to the Lumi platform, users grant BeyondBrain Corp. a royalty-free, worldwide license to use, display, modify, and distribute such content in connection with the Service, to the fullest extent permitted by applicable laws.
- Users may choose to share their social media handles, such as TikTok or Instagram, within their contributions on the Lumi platform. Additionally, users may submit content related to their travel experiences organized via Lumi for potential sharing on Lumi's social media channels or the Service itself. Submission of such content grants BeyondBrain Corp. the right to use the user's personal image and content, without this giving rise to any claims against BeyondBrain Corp. However, BeyondBrain Corp. is not obligated to use any content submitted by users and reserves the right to determine the duration and extent to which submitted content is utilized within its channels.
- BeyondBrain Corp. grants users a non-exclusive, non-transferable, royalty-free license to use its trademarks within the United States, under the condition that such use is directly related to the user's experience with the Lumi Service. Users must not take any actions that could negatively affect the image or reputation of BeyondBrain Corp. or its Service. Users are also prohibited from using, registering, or attempting to register trademarks that are similar to those of BeyondBrain Corp., without explicit authorization from BeyondBrain Corp.
- DATA PROTECTION
- Lumi is committed to protecting the privacy and security of Users' personal information as outlined in our Privacy Policy. User data will not be shared with third parties without explicit consent, except as necessary to provide the services requested by the User.
- Privacy and Data Protection Enhancements
- Lumi's Commitment to Your Privacy:
- At Lumi, we deeply respect your privacy and are committed to protecting your personal information with the highest standards of security. Our advanced data protection measures include data encryption, anonymization of personal details, and rigorous access controls. We ensure that your data is used solely for enhancing your travel planning experience. For detailed information on how we handle your data, please refer to our comprehensive Privacy Policy. Should you wish to access, correct, or delete any personal information we hold about you, our customer support team is ready to assist you in exercising your rights.
- FORBIDDEN ACTIVITIES
- Users are prohibited from engaging in activities that could harm Lumi, other Users, or the integrity of the platform. This includes, but is not limited to, the dissemination of malware, unauthorized access to other Users' accounts, and the posting of illegal content.
- Community Guidelines
- Fostering a Respectful Community:
- Lumi's platform is a space for travelers to share, discover, and inspire. We encourage all users to contribute positively and respectfully. Our Community Guidelines outline expected behaviors and prohibited content, including but not limited to harassment, hate speech, and explicit material. We take violations seriously and provide a straightforward process for reporting inappropriate content or behavior, ensuring our community remains a safe and welcoming space for everyone.
- Accessibility Statement
- Ensuring Access for All:
- Lumi is committed to making our platform accessible to as many users as possible, including those with disabilities. Our accessibility efforts are guided by current standards and practices. If you encounter any accessibility barriers while using Lumi, please let us know. We are continually looking for ways to improve and appreciate your feedback.
- MODIFICATION OF TERMS AND CONDITIONS
- Lumi reserves the right to modify these Terms and Conditions at any time. Users will be notified of any significant changes, which will become effective immediately upon their posting on the platform. Continued use of the platform following such modifications signifies Users’ acceptance of the new Terms.
- EXTERNAL WEBSITES
- The Lumi platform may contain links to third-party websites or services. Lumi is not responsible for the content, privacy policies, or practices of these external sites.
- Dispute Resolution
- At Lumi, we prioritize your satisfaction and strive to deliver a seamless travel planning experience. Recognizing that disputes or concerns might occasionally arise, our dedicated support team is on standby to offer assistance and mediation.
- Initial Contact: For any issues, concerns, or disputes that arise during your use of Lumi’s services, we encourage you to first reach out directly to our customer support team via the contact information provided on our platform or through the app.
- Details Required: When submitting a dispute, please provide a detailed description of the issue, including any relevant documentation (e.g., correspondence, receipts) that might help us understand and resolve the matter more efficiently.
- Resolution Process: Upon receiving your dispute, our team will:
- Acknowledge receipt within 48 hours.
- Review the submitted details thoroughly.
- Engage in mediation efforts, aiming to resolve the issue directly with you or facilitating discussions between you and any third-party service providers involved.
- Resolution Timeline: We are committed to resolving disputes promptly. Most concerns are addressed within 14 business days. Complex issues requiring extensive investigation may take longer, and we will keep you informed throughout the process.
- Escalation: If the initial resolution does not meet your expectations, you may request an escalation for further review by our senior support team.
- For disputes involving third-party services booked through Lumi, we initially recommend reaching out to the service provider directly. However, our support team can offer guidance on the process and assist in facilitating a resolution where possible.
- CLAIMS AND QUESTIONS
- Users can reach out to Lumi for assistance or to address any concerns via hello@lumi.com. Our team is committed to providing support and ensuring a positive experience on the platform.
- FINAL PROVISIONS
- These Terms and Conditions are governed by the laws of Japan. Any disputes arising from or related to the use of the Lumi platform will be subject to the exclusive jurisdiction of the Japanese courts.
Comprehensive Support for Your Concerns:
How to Report a Dispute:
Feedback and Suggestions
Your Voice Matters:
At Lumi, we believe in the power of community input to shape the future of travel planning. We welcome your feedback, suggestions, and ideas on how we can improve. Please share your thoughts with us through our feedback form or by contacting customer support. Together, we can make Lumi even better.
Effective Date: 3/8/2024
Copyright © 2024 BeyondBrain. All Rights Reserved.