Terms and Conditions
Welcome to Lumos!
These terms and conditions outline the rules and regulations for the use of LumosTech, Inc.’s website, apps, and products, including the Lumos Mask and its electronic insert (collectively, the "Mask"), Lumos Blueblocker (the "Blueblocker"), and others. "Services" refer to our website, software, products, features, and contents.
By using our services, we assume you accept these terms and conditions in full. Whether you purchased the Lumos Services or received the Lumos Services from a third party, including from an authorized third-party retailer or authorized third-party marketplace (each, an “Authorized Reseller”), these Terms will apply to your use of the Services in conjunction with the Lumos Services. Do not continue to use LumosTech, Inc.’s website, app, or products if you do not accept all of the terms and conditions stated on this page.
Introduction
LumosTech, Inc. is located at:
2400 Barrance Pkwy, #1622, Irvine, CA, USA.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing our website, apps, and products and accepting the Company’s terms and conditions. “The Company”, "Lumos" "LumosTech" “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. "Services" refer to our website, software, products, features, and contents.
By accessing and using the Lumos Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this agreement and the Lumos privacy policy (https://lumos.tech/pages/privacy-policy) (the “Privacy Policy”), which is incorporated into this agreement by this reference. If you do not accept this agreement and the privacy policy, you are not authorized to use the services.
Use of the Services
Our services, including the content on our website and apps, are provided for educational purposes only and are not intended for diagnosis, treatment, or prevention of any diseases or medical conditions. The Products are consumer-grade devices and are not classified as medical devices nor intended for diagnosis, treatment, or prevention of any diseases or medical conditions.
Before making any changes to your sleep or activity based on information provided through the Lumos Services, or if you have any questions regarding a medical condition, you should always consult a physician. Lumos is not responsible for any health problems that may result from information you learn about through the Services. If you decide to make any changes to your sleep or activity based on the Services, you agree that you do so fully at your own risk. It's important to be sensitive to your body's responses. For instance, if you experience unexpected, recurring, or prolonged pain, fatigue, or discomfort as a result of changes to your sleep or activity, it's recommended that you consult a physician before continuing with such changes. The information provided through the Lumos Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences. If you experience discomfort while wearing the Product, remove it immediately. If symptoms persist longer than 2-3 days of not using the Product, please contact a medical professional.
Lumos may, in its sole discretion, recommend certain external services or products for your convenience. However, Lumos does not endorse, warrant, or take responsibility for the quality or efficacy of any third-party services or products recommended. You acknowledge and agree that Lumos shall not be liable for any damages or losses arising from your use of, or reliance on, such external services or products.
The Lumos Products and Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by Lumos. You may not reproduce, duplicate, or copy any portion of the Lumos service or its content.
Customer Responsibilities
You acknowledge that you are solely responsible and liable for your use of the Lumos Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. You are further solely responsible for compliance with all applicable laws relating to your use of the Lumos Services. You shall further use the Lumos Services solely for lawful purposes and shall conduct all business through the Lumos Services in accordance with all applicable laws and regulations.
You alone are responsible for ensuring and maintaining that you are able to access and use the Lumos Services, including by securing your own compatible hardware, internet access, security measures, and any other requirements. Lumos shall have no responsibility to provide any additional hardware or services. You further agree that Lumos shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Lumos Services, including any failure to provide adequate security or backup devices or services.
You are responsible for ensuring Lumos has accurate and current information for your Lumos account, including current contact and payment information. You agree to be solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. Additionally, you may not use affiliation with any organizations that you do not belong to. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account or password. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. Lumos will not be liable for any loss or damage arising from your failure to comply with this section.
Lumos shall make commercially reasonable efforts to provide adequate support services for the Lumos Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Lumos Services.
Data Ownership and Use
We may collect and process information regarding your usage of the Services. You consent to Lumos's collection and use of such information, as well as the sharing of such information with third-party service providers for purposes of providing, marketing, and improving the Services, and any other reason described in the Privacy Policy. All personal information collected by Lumos is treated in accordance with the Privacy Policy.
If you provide any communications or materials to Lumos by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Lumos is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Lumos is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Lumos is not required to use any Feedback.
Intellectual Property
Lumos Content, Lumos Services, Lumos features and Products, and our underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. All rights reserved. You are not granted, by implication or otherwise, any license or right to use any marks appearing on, or used or displayed in connection with, the Services (“Trademarks”). The Services may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without Lumos's express written permission.
All content provided in association with the Services and this Agreement, including, but not limited to, the Lumos website, the Lumos Products, the Lumos Mobile App, all text, graphics, user interfaces, visual interfaces, photographs, images/video, electronic art, sounds/audio, data, communications programs, executable code, computer code, and data (collectively, “Content”) formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the Services (“Copyrighted Works”), are exclusively owned, controlled, or licensed by or to Lumos and are protected by U.S. and international copyright laws. You agree you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Lumos.
Return Policy and Warranty
The Lumos Services are provided to you 'as is with all faults' and 'as available' without warranty of any kind. Lumos, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, and licensors hereby disclaim all warranties and conditions with respect to the services, whether express or implied, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. Lumos does not warrant against interference with your enjoyment of the services, the availability of content, that the functions contained in the services will meet your requirements, that the services will be free of viruses or other harmful components, that the operation of the services will be uninterrupted or error-free, that defects in the services will be corrected, or that the functions contained in the services will function with other mobile apps or hardware, or within a system. No oral or written information or advice given by Lumos or a Lumos authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion may not apply.
We offer a 30-day return window for our Products from the date they are received. Due to hygiene reasons, please note that any Lumos product opened from its original packaging is not eligible for return. We advise customers to carefully review the information on our website before purchase, and inspect their Lumos product upon receipt before opening the packaging.
Notwithstanding the foregoing, Lumos warrants to the original end user purchaser that the electronic insert inside the Mask is free from defects in material and workmanship for one (1) year from the date of purchase. If you experience any issues with the hardware, please contact our customer support for assistance. Within the warranty period, Lumos shall repair or replace, at no charge to you, any components of the Lumos Product that fail under the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to:
(i) normal wear and tear, including scratches and dents;
(ii) consumable parts included in the Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship;
(iii) damage resulting from your failure to use the Product in accordance with the instructions accompanying the Lumos Product or available on the website;
(iv) damage resulting from an accident, flood, fire, misuse, or abuse;
(v) damage resulting from service performed, or damage resulting from tampering with or alterations to the Product, by anyone not authorized by Lumos; or
(vi) use of the Product with any application or software other than the Lumos Mobile App.
Changes to Services
The Lumos Services may undergo changes over time. Lumos reserves the right to suspend or discontinue any part of the Services, introduce new features, impose limits on certain features, or restrict access to parts or all of the Services. While we will make efforts to notify you of any significant changes to the Services, please note that this may not always be feasible. Additionally, Lumos retains the right to remove any Content or User Content from the Services at any time and for any reason, at our sole discretion, without prior notice. This includes instances where allegations arise regarding the contribution of Content or User Content in violation of this Agreement.
Limitation of Liability
Lumos and its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Lumos Services; (ii) any conduct or content of any third party on the Lumos Services, including any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Lumos Services; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Lumos has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Cookies and Iframes
We employ the use of cookies. By using LumosTech, Inc.’s website you consent to the use of cookiesin accordance with LumosTech, Inc.’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our siteto enable the functionality of this area and ease of use for those people visiting. Some of ouraffiliate / advertising partners may also use cookies.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Modifications to These Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated revision date. By continuing to access or use the Services after such modification, you agree to be bound by the modified Terms, Privacy Policy, Content, and/or Services, as applicable.
Governing Law and Mandatory Binding Arbitration
Any action related to this agreement, the services, and your relationship with Lumos shall be governed by, construed, and interpreted in accordance with the laws of the State of California. You agree to resolve any disputes or claims arising out of or related to this agreement or the services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this 'Mandatory Arbitration Provision' section, including its enforceability, revocability, or validity.
Contact
If you have any questions regarding the Services, please contact us via contact@lumos.tech.
