Terms of Service

A. Content

All of your content remains yours; Lume Voice does not own it. However, to provide you with the Services, we need your permission and authorization. Therefore, when you submit content to the Services, you grant Lume Voice and any third-party services acting on behalf of Lume Voice a worldwide, non-exclusive, royalty-free, sublicensable license to access, copy, modify, distribute, transmit, export, display, store, and otherwise use your content solely for the purpose of providing, improving, and protecting the Services. If we use your content in the manner described in these Terms, you represent and warrant that such use will not infringe or violate any law or any third party's rights, including but not limited to any copyright, trademark, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights.

B. AI input and Output

The Services use large language models (LLMs) and other artificial intelligence capabilities ("AI Features"). When you submit or provide audio, text, links, graphics, photos, videos, or other materials to the Services ("Input"), Lume Voice uses AI Features to generate output based on the Input ("Output"). Input and Output are collectively referred to as "Customer Content." As between you and Lume Voice, to the extent permitted by applicable law, you retain all ownership of Input, you own all Output, and Lume Voice hereby assigns to you all rights, title, and interest (if any) in and to the Output. By using the Services, you grant Lume Voice a worldwide, non-exclusive, royalty-free, sublicensable license to access, copy, modify, distribute, transmit, export, display, store, and otherwise use Customer Content in any and all media now known or hereafter developed, solely for the purpose of providing, improving, and protecting the Services. It is important to note that you can control whether your content is available for training Lume Voice's AI models through settings provided in the Services.

C. NO WARRANTY ON OUTPUT

LUME VOICE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY OUTPUT. YOU SHOULD NOT RELY ON ANY OUTPUT WITHOUT INDEPENDENTLY CONFIRMING ITS ACCURACY. OUTPUT MAY CONTAIN SIGNIFICANT INACCURACIES, EVEN IF THEY APPEAR ACCURATE DUE TO THEIR LEVEL OF DETAIL OR SPECIFICITY. YOU ACKNOWLEDGE THAT THE SERVICES AND ANY OUTPUT MAY NOT REFLECT CORRECT, CURRENT, OR COMPLETE INFORMATION.

D. Third-Party Output

Due to the nature of generative AI models, Output may not be unique, and Output generated by the Services based on materials submitted by third parties ("Third-Party Output") may be similar or identical to Output generated by the Services based on your Input. You acknowledge that Third-Party Output is not your Output, and you have no rights, title, or interest in any Third-Party Output.

E. Compliance

Lume Voice may review your conduct and content to ensure compliance with these Terms. Additionally, you acknowledge and agree that Lume Voice is not responsible for content shared by users through the Services.

A. General Restrictions

You may only use the Services to the extent permitted by applicable law (including export control laws and regulations). Additionally, when using the Services, you agree not to engage in any abusive or violating behavior of these Terms, including the following prohibited activities:

• Violating or circumventing any security or authentication measures;
• Disassembling, decompiling, or reverse engineering any part of the Services in an attempt to access source code, algorithms, or other Lume Voice intellectual property;
• Accessing, tampering with, or using non-public areas or parts of the Services, or shared areas of the Services that you have not been invited to access;
• Probing, scanning, or testing any system or network for vulnerabilities, unless conducted under a vulnerability bounty program we may provide;
• Interfering with or disrupting any user, host, or network, such as by sending viruses, overloading, flooding, spamming, or mail-bombing any part of the Services;
• Selling the Services unless specifically authorized, or purchasing Services from unauthorized sellers;
• Using the Services to generate, transcribe, process, store, or distribute content that is illegal, obscene, sexually explicit, or otherwise harmful, including pornographic or NSFW material, non-consensual intimate content, child sexual abuse material, and content promoting extreme violent acts or terrorism. Child sexual abuse material results in immediate termination and a report to the competent authorities;
• Advocating hatred or inciting violence against any individual or group based on protected categories;
• Accessing, searching, or creating Service accounts through any means other than our publicly supported interfaces (e.g., scraping or bulk account creation);
• Sending unsolicited communications, promotions, or advertisements, or spam;
• Sending altered, deceptive, or false source-identifying information, including spoofing or phishing;
• Circumventing storage space limitations;
• Violating the law in any way, including posting or sharing fraudulent, defamatory, or misleading materials, or materials that infringe on others' intellectual property, privacy, or other proprietary rights;
• Engaging in any type of payment fraud, including unauthorized use of credit cards or other payment methods, illegal refunds, or any other method of obtaining Services without paying required fees; or
• Using the Services, including Lume Voice, to record or transcribe others' speech without consent.

B. Special Restrictions on AI Feature Use

You will not and will not allow any other person to:

• Use AI Features or any Output to infringe any third party rights;
• Use AI Features or any Output to develop, train, or improve any AI or machine learning model;
• Claim that any Output has been approved or reviewed by Lume Voice;
• Claim that any Output is original work or work generated entirely by humans;
• Use AI Features for automated decision-making that has legal or similarly significant impact on individuals, unless under adequate human review and in compliance with applicable law; or
• Use AI Features for discriminatory, harassing, harmful, or unethical purposes or effects.

C. Violations

Lume Voice reserves the right, in our sole discretion, to take appropriate action against behavior that violates this Section 3 or our Acceptable Use Policy, which may include removing or disabling access to content, suspending user access to the Services, or terminating your account. Suspected illegal content or conduct may be reported to law enforcement.

A. Payment

Certain parts of the Services are paid or premium services. You may add paid features to your account ("Paid Services"). We will automatically charge you from the date you register for Paid Services and on each periodic renewal thereafter until canceled. If you use an annual plan, we will send you a notification email at a reasonable time before the renewal date to remind you that your plan is about to renew. You are responsible for all applicable taxes, and we will collect taxes when legally required. Certain countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override those laws.

B. Cancellation

You may cancel Paid Services at any time. If you purchased a subscription through a third-party app store (such as the Apple App Store or Google Play Store), you must manage and cancel your subscription directly through your account settings with that respective store. Refunds will only be issued when legally required or in accordance with the applicable third-party app store's refund policies. Paid Services will remain effective until canceled or terminated in accordance with these Terms. If you fail to pay for Paid Services in a timely manner, we reserve the right to suspend such Paid Services.

C. Payment Processors

We use third-party payment processors, application platforms, and subscription management services (each a "Payment Processor") to charge you through payment accounts linked to your account. Payment processing will be subject to the terms, conditions, and privacy policies of the Payment Processor, as well as these Terms. Unless otherwise stated, our current Payment Processors include Lemon Squeezy, RevenueCat, Stripe, Apple Inc., and Google LLC, and your payments are processed by them in accordance with their respective Terms of Service and Privacy Policy.

D. Changes

We may change fees effective at your subscription renewal based on our business needs, but we will provide reasonable notice of such changes through in-app notifications or messages sent to the email address associated with your account, and you will have the opportunity to cancel your subscription before the new fees take effect.

A. Term and Termination

You may stop using the Services at any time. If Lume Voice reasonably believes you have violated these Terms, your use of the Services would create a risk of harm or loss to us or other users, or you have no Paid Services and have not accessed our Services for twelve (12) consecutive months, we reserve the right to suspend or terminate your access to the Services and will notify you. Additionally, Lume Voice may decide to discontinue the Services due to extraordinary circumstances, events beyond Lume Voice's control, or compliance with legal requirements. If we do so, we will give you reasonable advance notice if possible. If we discontinue the Services in this manner before the end of any fixed or minimum term for which you have paid, we will refund the portion of fees you have prepaid but not yet received services for.

B. Survival

All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

A. NO WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUME VOICE MAKES NO WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED. THE SERVICES, INCLUDING BUT NOT LIMITED TO OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE." LUME VOICE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LUME VOICE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES AND OUTPUT WILL: (A) BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

B. Exceptions

In some cases, certain jurisdictions do not allow the disclaimers in this section, so they may not apply to you. However, disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights, and nothing in these Terms affects your statutory rights or rights under mandatory law.

A. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUME VOICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER DIRECT OR INDIRECT, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY OUTPUT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING ANY OUTPUT; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. LUME VOICE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING BUT NOT LIMITED TO ANY OUTPUT, REGARDLESS OF THEIR NATURE, ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS OR USE OF OUR SERVICES, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, VIRUSES, MALWARE, OR OTHER MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LUME VOICE CANNOT CONTROL THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES ACCESSED OR INTEGRATED THROUGH THE SERVICES AND ASSUMES NO LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND YOU ACKNOWLEDGE AND AGREE THAT LUME VOICE IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES.

B. EU USERS

IF YOU ARE AN EU USER, LUME VOICE IS LIABLE UNDER STATUTORY PROVISIONS FOR INTENTIONAL AND GROSS NEGLIGENCE BY LUME VOICE, OUR LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER AGENTS. "EU USER" MEANS A NATURAL PERSON ACTING FOR PURPOSES OUTSIDE THEIR TRADE, BUSINESS, CRAFT, OR PROFESSION (AS OPPOSED TO USERS FOR COMMERCIAL OR BUSINESS PURPOSES) AND WHO IS HABITUALLY RESIDENT IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM.

A. Informal Resolution

Before bringing a claim against Lume Voice, you agree to first attempt to resolve the dispute by emailing hello@lumevoice.com, describing your claim and evidence of your relationship with Lume Voice. We will attempt to resolve the dispute informally by following up via email, phone, or other methods. If we cannot resolve the dispute within sixty (60) days after receiving your first email, you or Lume Voice may initiate formal proceedings.

B. Judicial Forum for Disputes

You and Lume Voice agree that any judicial proceeding to resolve claims related to these Terms or the Services will be brought exclusively in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration clause below. You and Lume Voice both consent to venue and personal jurisdiction in such courts. If you reside in a country where the law grants consumers the right to bring disputes in local courts, this paragraph does not affect those requirements.

C. IF YOU ARE A US RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION CLAUSE:

D. NO CLASS OR REPRESENTATIVE ACTIONS

YOU MAY ONLY RESOLVE DISPUTES WITH US INDIVIDUALLY, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE ALL PROHIBITED.

E. Severability

If any part of this section is found to be illegal or unenforceable, the remainder will remain in effect, except that if the finding of partial illegality or unenforceability would allow class or representative arbitration, this section will be entirely unenforceable. If you have an inalienable right to bring a specific claim or seek specific relief that the arbitrator lacks authority to redress or award under this section (including public injunctive relief), then only that corresponding claim or relief request may be brought in court, and you and we agree that litigation for any such claim or relief request should be stayed pending the resolution of any individual claims or relief requests in arbitration.