Terms of service.

1. Agreement to these terms

These terms are an agreement between Lumetrin Consulting Services LLC (“Lumetrin”, “we”, “us”) and the business that uses Lumetrin OS (“you”, the “customer”). By creating or using a Lumetrin OS account, you agree to them. If you accept them for a business, you confirm you have authority to bind that business.

If you have a separate signed agreement or order form with Lumetrin, that agreement governs where it conflicts with these terms.

2. The service

Lumetrin OS is a business operating system for service businesses. It is available at app.lumetrin.com. Depending on the features enabled for your business, it can include:

• customer and lead management;
• a sales pipeline;
• communications such as texting, calls and Facebook Messenger;
• integrations such as Facebook Lead Ads;
• payments;
• a public website for your business;
• tools for specific industries.

Lumetrin OS is intended for business use.

3. Business accounts and users

• Each customer has its own workspace. Its administrators invite team members and choose each person’s role, which controls what they can see and do.
• You are responsible for the people you give access to, for keeping sign-in details confidential, and for activity under your workspace.
• Tell us promptly if you believe your account has been accessed without permission.
• Staff sessions end automatically after a period of inactivity, for security.

4. Your data

“Customer data” means the information you or your users put into Lumetrin OS or bring into it through integrations, such as contacts, leads, messages and documents. As between you and Lumetrin, you own your customer data.

You give Lumetrin permission to host, store, process and transmit your customer data only as needed to provide, secure and support Lumetrin OS for you, and as described in our Privacy Policy.

See our data deletion page for how to ask us to delete data.

5. Your responsibilities

You are responsible for:

• having the right to collect and use the information you keep in Lumetrin OS, and giving any notices and getting any consents the law requires, for example before texting, calling or recording calls with your customers;
• the content of the messages you and your users send through Lumetrin OS;
• deciding which Facebook Pages and lead forms you connect and turn on;
• following the terms of the third-party services you connect (section 7).

6. Acceptable use

You must not, and must not let others:

• use Lumetrin OS for anything unlawful, fraudulent or harmful, or to send spam or unsolicited messages;
• upload content you have no right to use, or content that infringes others’ rights;
• try to access another customer’s workspace or data, or get around any security or access control;
• probe, scan or test the service’s security without our written permission;
• interfere with or overload the service;
• copy, resell or reverse-engineer Lumetrin OS, except where the law allows it;
• use Lumetrin OS to break the terms of a connected service, such as Meta’s platform terms.

7. Third-party services

Some features depend on services we do not control, such as Meta (Facebook Pages, Lead Ads and Messenger), Google (Gmail), Twilio (texting and calls) and Stripe (payments). When you connect or use them:

• their own terms and policies also apply to you;
• they may change or withdraw their features, and a Lumetrin OS feature that depends on them may change as a result;
• you authorise Lumetrin to exchange information with them on your behalf, as described in our Privacy Policy.

Facebook. Your administrator connects Facebook through Meta’s own authorisation window and chooses which Pages to share. Lead forms found on a Page start off, and leads are taken in only from forms you turn on. You can disconnect at any time in Lumetrin OS, and remove the app’s permission in your Facebook settings.

Gmail. An owner or administrator of your business connects its Gmail account through Google’s own consent window, and Lumetrin OS asks Google only for read-only access. Our Privacy Policy describes how Gmail data is handled. You can disconnect at any time in Lumetrin OS, and remove Lumetrin OS’s access in your Google Account.

8. Lumetrin’s property

Lumetrin OS, lumetrin.com and their software, design and content belong to Lumetrin and its licensors, apart from your customer data. These terms give you the right to use Lumetrin OS for your business while your account is active. They do not transfer ownership. If you send us feedback or suggestions, we may use them without obligation to you.

9. Fees and Payment

Some Lumetrin services may require payment. The fees, billing frequency, included usage, and other commercial terms applicable to a paid service will be presented to you before you purchase or activate that service, or will be stated in an applicable order form, subscription agreement, or other written agreement between you and Lumetrin.

You agree to pay all fees and applicable taxes associated with the services you purchase. If you provide a payment method, you authorize Lumetrin and its payment service providers to charge that payment method for amounts that are properly due under the applicable purchase or subscription terms.

Unless otherwise stated in the applicable purchase terms or required by law, fees already paid are non-refundable.

Lumetrin may change pricing for future billing periods or future purchases. When advance notice is required by applicable law or by the applicable subscription terms, Lumetrin will provide that notice before the change takes effect.

Any billing terms contained in a separate written agreement between you and Lumetrin will control if they conflict with this section.

10. Availability and changes

We work to keep Lumetrin OS available and reliable, but we do not promise it will be uninterrupted or error-free. We may change, add or remove features. Features we label as early or in development may change more often. We will give reasonable notice before removing a feature your business relies on, where we can.

11. Suspension and termination

• You may stop using Lumetrin OS at any time by telling us.
• We may suspend or end access if these terms are seriously broken, if it is needed to protect the service, other customers or the public, or if the law requires it. Where appropriate, we will tell you first and give you a chance to fix the problem.
• When an account ends, you may ask us for a copy of your customer data, or for its deletion, using the contact details below. Deletion requests are handled by our team; see our data deletion page.

12. Disclaimers

To the maximum extent permitted by applicable law, the Lumetrin services are provided on an "as is" and "as available" basis.

Lumetrin does not guarantee that the services will always be available, uninterrupted, error-free, secure, or free from harmful components, or that every feature, integration, third-party service, communication, automation, or data synchronization will operate without interruption or delay.

Lumetrin does not control third-party services that may connect with the platform, including services provided by Meta, Twilio, payment processors, email providers, hosting providers, or other third parties. Changes, outages, restrictions, or decisions made by those third parties may affect features of the Lumetrin services.

To the maximum extent permitted by law, Lumetrin disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes any warranty, right, or remedy that cannot lawfully be excluded.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Lumetrin Consulting Services LLC and its officers, members, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill, or data, arising out of or relating to the services or these Terms, even if Lumetrin has been advised of the possibility of those damages.

To the maximum extent permitted by applicable law, Lumetrin's aggregate liability arising out of or relating to the services or these Terms will not exceed the total amount you paid to Lumetrin for the service giving rise to the claim during the twelve months immediately preceding the event that gave rise to the claim.

If applicable law does not permit a limitation stated in this section, the limitation will apply only to the maximum extent permitted by that law.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

14. Indemnification

To the extent permitted by applicable law, if you use Lumetrin on behalf of a business or organization, that business or organization agrees to defend, indemnify, and hold harmless Lumetrin Consulting Services LLC and its officers, members, employees, contractors, and affiliates from and against third-party claims, damages, liabilities, losses, judgments, costs, and reasonable legal fees arising from:

(a) your or your organization's unlawful use of the services;

(b) content, data, communications, or materials submitted, transmitted, or processed through your account;

(c) your violation of these Terms;

(d) your violation of applicable law or the rights of another person; or

(e) your failure to obtain legally required permissions or consents for communications, messaging, calling, recording, advertising, or collection and processing of personal information.

Lumetrin will provide reasonable notice of an indemnified claim when practicable and will reasonably cooperate in the defense of that claim.

This section does not require you to indemnify Lumetrin for claims caused solely by Lumetrin's own unlawful conduct to the extent such an obligation would be prohibited by applicable law.

15. Governing Law and Disputes

These Terms and any dispute arising out of or relating to these Terms or the Lumetrin services will be governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles, except to the extent another law must apply.

Before filing a formal legal claim, you and Lumetrin agree to make a reasonable, good-faith effort to resolve the dispute informally. A party may begin that process by providing written notice describing the dispute and the requested resolution.

If a dispute cannot be resolved informally, and unless applicable law requires otherwise, the parties consent to the jurisdiction of the state and federal courts located in Maryland.

Nothing in this section prevents either party from seeking emergency or injunctive relief where legally appropriate.

Nothing in these Terms limits any right or remedy that cannot lawfully be waived.

16. Changes to these terms

We may update these terms. We will change the date at the top, and tell customers about significant changes before they take effect. Continuing to use Lumetrin OS after a change takes effect means you accept the updated terms.

17. Contact

Lumetrin Consulting Services LLC.
Contact: privacy@lumetrin.com (including privacy, access and data-deletion requests).