Terms of Service

Your mandatory rights: Nothing in these Terms excludes, restricts, or waives any consumer, data-protection, or other statutory right or remedy that cannot lawfully be excluded. Every disclaimer, responsibility allocation, refund restriction, liability limit, indemnity, and choice-of-law or jurisdiction provision below is subject to those rights.

These Terms of Service (“Terms”) form a binding legal contract between Lumina Forms Inc. (“Lumina”, “we”, “us”) and the entity or individual accessing or using our website, APIs, and software applications (“Service”). By registering a workspace, clicking “I agree”, or utilizing any portion of the Service, you acknowledge and accept these Terms.

1. Accounts & Access Security

To use Lumina, you must register a workspace account. You warrant that all registration information provided is accurate, current, and complete. You are solely responsible for safeguarding your access credentials and for all actions executed through your workspace. You must immediately notify Lumina of any suspected compromise or unauthorized access.

You must be at least 16 years old, or the minimum age of digital consent in your country, to create a workspace. If you create a workspace for an organization, you confirm you are authorized to bind that organization to these Terms.

2. Acceptable Use Policy

You agree not to use the Service directly or indirectly to:

• Circumvent or attempt to breach any authentication, encryption, or security features.
• Conduct credential phishing, deceptive social engineering, or harvest passwords or bank details unencrypted.
• Transmit computer viruses, Trojan horses, ransomware, or any destructive code.
• Send unsolicited commercial bulk messaging (spam) or violate applicable CAN-SPAM / CASL regulations.
• Infringe upon the copyright, trademark, trade secret, or privacy rights of any third party.
• Overload, probe, or conduct denial-of-service tests against our infrastructure without prior written authorization.

3. Content & Intellectual Property Ownership

Your Content: You retain all right, title, and interest in and to any forms, logic trees, questions, branding assets, and submission records uploaded or generated by your workspace (“Customer Content”). You grant Lumina a strictly limited, non-exclusive license to host, cache, copy, and transmit Customer Content solely as required to operate the Service on your behalf.

Lumina IP: Lumina and its licensors retain all intellectual property rights in and to the Service, including the design systems, source code, UI components, documentation, and trademarks. Nothing in these Terms grants you any right to use Lumina trademarks or trade dress without our advance written consent.

4. Your Forms, Respondents, and Outcomes

You are solely responsible for every form you publish: its questions, logic, branding, legal notices, consent language, accessibility, who may submit, what you collect, how you use submissions, subject to Lumina's obligations under applicable law. Lumina does not review, approve, or guarantee your forms. We are not a party to any relationship between you and a respondent.

You must provide appropriate privacy notices and terms to respondents and handle the obligations arising from your collection and use of their data. When you determine the purposes and means of that processing, you are the controller and Lumina processes the data on your behalf to provide the Service. This allocation does not remove Lumina's own obligations or any liability that cannot be excluded under applicable law.

5. Fees, Licenses & Refunds

Studio and Studio Plus are one-time software licenses, not subscriptions, unless we later sell a separately labeled recurring plan. Fees are due in advance and are generally non-refundable, except where applicable law requires otherwise. Nothing in these Terms excludes or limits rights, remedies, warranties or liabilities that cannot lawfully be excluded or limited, including applicable cancellation, refund and digital-content or service conformity rights.

Free-tier quotas (forms and responses) can change. Exceeding a quota may pause collection until you upgrade. Unused quota has no cash value.

6. Payments Collected Through Your Forms

A payment field in your form sends the respondent to the payment provider configured for your deployment, listed on our Subprocessors page. You (or that processor) are the merchant of record for money paid by respondents. Lumina is not the seller of your goods or services, does not hold respondent funds, and does not issue refundsto respondents. Payout, tax, PCI, chargebacks, and customer support for those charges are yours and the processor's.

If checkout fails, a respondent pays the wrong amount, or you owe them a refund, resolve it with them and with the payment provider. Payments made in cryptocurrency are, once confirmed on the network, generally irreversible and are not subject to chargebacks; any correction is a voluntary refund arranged with the payment provider. Do not look to Lumina to reverse or guarantee those transactions.

Nothing in this section limits any rights or obligations that cannot lawfully be excluded or limited, including applicable refund rights.

7. Suspension & Termination

You may discontinue use and delete your workspace at any time. Lumina reserves the right to suspend or terminate your workspace immediately if: (a) you materially breach these Terms or our Acceptable Use Policy; (b) your workspace poses a security threat to other tenants; or (c) we are compelled to do so by applicable law.

8. No SLA

The Service is provided without a contracted uptime, response-time, or data-durability SLA. The status page is informational only. Maintenance, Cloudflare Free-plan limits, and third-party outages may interrupt collection. Back up exports yourself.

Public beta. Lumina is currently provided as a public beta. During the beta: features and quotas may change, degrade, or be withdrawn without notice, and data loss, collection downtime, or corrupted exports can occur — export your submissions regularly and keep your own backups, and the No-SLA terms above apply in full. License fees paid during the beta are charged at beta rates; any beta discount or free period is time-limited and does not create an entitlement to continued pricing after general availability, and we will give you at least 14 days’ notice before a beta plan converts to a paid plan you did not choose. You may stop using the beta and delete your workspace at any time; if we discontinue the beta entirely, we will give at least 14 days’ notice and a reasonable window to export your data before deletion. Nothing in this paragraph excludes or limits any liability or right that cannot lawfully be excluded or limited, and it does not dilute the security duties Lumina owes for your data.

9. Disclaimer of Warranties

To the extent permitted by applicable law and subject to your mandatory rights, the Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, statutory, or implied. Lumina disclaims all warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by applicable law, neither Lumina nor its directors, employees, or suppliers shall be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data.

Subject to liabilities that cannot lawfully be limited, Lumina’s total aggregate liability arising out of or related to these Terms shall not exceed the total amount actually paid by you to Lumina for the Service in the twelve (12) months preceding the claim, or USD $50 if you have paid nothing. That cap applies to form failures, lost submissions, payment-field errors, and respondent complaints.

11. Indemnification

To the extent permitted by applicable law and subject to your mandatory rights, you agree to defend, indemnify, and hold harmless Lumina and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your Customer Content.

12. Data Protection & GDPR Compliance

Our collection and processing of personal data is governed by our Privacy Policy. Where you collect personal information from respondents subject to GDPR or equivalent regimes, our Data Processing Addendum applies automatically as part of these Terms, and you remain responsible for your duties as Data Controller.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed under the laws of the State of Delaware, United States, excluding its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts situated in Delaware. If mandatory consumer law in your country of residence gives you the right to bring claims in your local courts or grants you protections that cannot be waived, those rights are unaffected by this section.

14. Modifications to Terms

We reserve the right to revise these Terms at our discretion. If we make material modifications, we will notify you through a notification in your workspace dashboard — and by email where email delivery is configured for the Service — at least 14 days before the updated terms become effective. Continued use of Lumina following the effective date constitutes full agreement to the updated terms.