Terms of Service

1. Acceptance of These Terms

These Terms of Service (these "Terms") are a legally binding agreement between you and One Lumi LLC, a Georgia limited liability company that operates the Lumi Health service ("Lumi," "we," "us," or "our"), governing your access to and use of our websites, applications, AI coaching features, and related services (collectively, the "Service"). By creating an account, clicking to accept, or accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms with a new "Last updated" date and, where appropriate, by additional notice such as email or an in-app message. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

2. Eligibility

The Service is not available to persons under the age of 18. By using the Service, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that you have not previously been suspended or removed from the Service. If you use the Service on behalf of another person or entity, you represent that you are authorized to bind that person or entity to these Terms.

3. The Service

Lumi provides software tools for planning, tracking, and analyzing strength training and general fitness activity, including workout program generation, workout logging, progress analytics, and a conversational coaching assistant powered by artificial intelligence. The Service is a general wellness and informational tool. It is not a medical device, is not intended to diagnose, treat, cure, or prevent any disease or condition, and is not a substitute for professional advice of any kind.

We may change, suspend, or discontinue any part of the Service at any time, including the availability of any feature, database, or content, without liability to you.

4. Not Medical Advice

THE SERVICE, INCLUDING ALL WORKOUT PLANS, COACHING RESPONSES, ANALYTICS, RECOMMENDATIONS, AND OTHER CONTENT, DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, DIETITIAN, PHYSICAL THERAPIST, OR CERTIFIED PERSONAL TRAINER.

• Always consult a qualified and licensed medical professional before beginning, modifying, or discontinuing any exercise, diet, or wellness program, particularly if you have any medical condition, injury, or symptom, are pregnant, or take medication.
• Recommendations produced by the Service, even where they appear to be personalized to you, are generated by software based on the information you provide and may not be appropriate for you or your circumstances.
• Never disregard, avoid, or delay obtaining professional medical advice because of something you have read or received through the Service.
• Use of the Service, or communication with us by any means, does not create a doctor-patient, provider-patient, or trainer-client relationship of any kind.
• The Service is not intended for use in emergencies. If you believe you are experiencing a medical emergency, stop exercising immediately and call your local emergency number (such as 911 in the United States).
• If you experience pain, dizziness, shortness of breath, chest discomfort, or any other concerning symptom while exercising, stop immediately and seek medical attention.

5. AI-Generated Content

The Service uses proprietary and third-party artificial intelligence and machine learning technologies, including third-party large language models ("AI Technology"), to generate workout programs, coaching responses, analyses, and other content ("Output"). By using the Service, you acknowledge and agree that:

• Output is generated by software, not by a human coach or healthcare professional, and no human reviews Output before it is shown to you;
• Output may contain errors, omissions, or misleading information and is not guaranteed to be accurate, complete, reliable, current, or safe for you;
• generative AI systems are known to produce incorrect or fabricated answers, sometimes called hallucinations, even when the answer appears confident and specific;
• AI Technology can reflect biases and limitations present in its training data and can struggle with tasks requiring judgment, reasoning, or knowledge of your individual circumstances;
• Output is based on the information you provide, and we have no ability to verify the accuracy or completeness of that information;
• AI Technology is not a human and is not a replacement for human interaction, professional coaching, or professional advice;
• you are responsible for independently evaluating any Output before acting on it, and Output is intended only as a supplement to your own judgment and consultation with a physician or other qualified professional; and
• similar inputs may produce different Outputs, and we do not guarantee that any Output will be unique to you.

ALL OUTPUT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, OR SUITABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMI BEARS NO LIABILITY TO YOU OR TO ANYONE ELSE ARISING FROM OR RELATING TO YOUR USE OF, OR RELIANCE ON, ANY OUTPUT.

6. Assumption of Risk and Release

PHYSICAL EXERCISE, INCLUDING STRENGTH TRAINING AND THE OTHER ACTIVITIES TO WHICH THE SERVICE RELATES, CARRIES INHERENT AND SIGNIFICANT RISKS, INCLUDING RISK OF SERIOUS BODILY INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE, AND DEATH.

By using the Service, you acknowledge and agree that:

• you voluntarily choose to participate in exercise and related activities and you knowingly and voluntarily assume all known and unknown risks associated with those activities, whether or not described in these Terms;
• you are solely responsible for determining, in consultation with your healthcare provider, whether you are in adequate physical condition to perform any activity suggested by the Service;
• you are solely responsible for exercising with proper form, appropriate loads, suitable equipment, and adequate supervision, and for the environment in which you exercise; and
• to the maximum extent permitted by applicable law, you release and discharge Lumi and its officers, directors, employees, contractors, agents, licensors, and service providers (collectively, the "Lumi Parties") from any and all claims, demands, causes of action, damages, and liabilities arising out of or relating to your participation in exercise or other physical activity in connection with the Service. This release does not apply to liability that cannot be released or waived under applicable law.

7. Your Account

• You must provide accurate, current, and complete information when creating your account and profile, including information about your health, injuries, and limitations, and you must keep that information up to date. The quality and safety of Output depends on the accuracy of the information you provide.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• Notify us promptly at hey@onelumi.ai if you suspect any unauthorized access to or use of your account.
• We are not liable for any loss or damage arising from unauthorized use of your account to the extent caused by your failure to safeguard your credentials.

8. Subscriptions, Trials, and Billing

Parts of the Service may be offered free of charge, on a trial basis, or for a fee. Where paid subscriptions are offered, the price, billing period, and renewal terms will be presented to you at the time of purchase and are incorporated into these Terms.

• Automatic renewal. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE LUMI AND ITS PAYMENT PROCESSOR TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS AT THE THEN-CURRENT PRICE, PLUS APPLICABLE TAXES, AT THE START OF EACH BILLING PERIOD UNTIL YOU CANCEL. Your subscription will automatically renew unless you cancel before the end of the current billing period.
• Cancellation. You may cancel at any time through your account settings or by contacting us at hey@onelumi.ai. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until then.
• Refunds. Except where required by applicable law or expressly stated at the time of purchase, all payments are final and non-refundable, including for partially used billing periods.
• Trials. Free trials, promotional access, and introductory offers are provided at our discretion, may be modified or withdrawn at any time, and may convert to a paid subscription only where that is clearly disclosed to you before any charge.
• Price changes. We may change subscription prices with advance notice to you. Price changes take effect at the start of the next billing period after notice, and your continued use of a paid subscription after that constitutes acceptance of the new price.
• Payment processing. Payments are processed by third-party payment processors (such as Stripe). We do not store your full payment card details.

9. Acceptable Use

You agree that you will not, and will not permit anyone else to:

• use the Service for any unlawful, harmful, or fraudulent purpose, or in violation of these Terms;
• use the Service to obtain or attempt to obtain medical advice for the diagnosis or treatment of a medical condition;
• attempt to extract, prompt, or manipulate the AI Technology to produce content unrelated to fitness coaching, to reveal system instructions, or to generate harmful, abusive, or infringing content;
• reverse engineer, decompile, disassemble, scrape, crawl, or otherwise attempt to derive the source code, models, prompts, or underlying data of the Service, except to the extent that restriction is prohibited by law;
• use the Service or any Output to develop, train, or improve a competing product or any machine learning model;
• access the Service through automated means, circumvent any rate limits or access controls, or probe or test the vulnerability of the Service without our prior written authorization;
• resell, sublicense, or commercially exploit the Service or Output without our prior written consent;
• impersonate any person or misrepresent your affiliation with any person or entity; or
• interfere with or disrupt the integrity or performance of the Service or the data contained in it.

10. Your Content

You retain ownership of the information and content you submit to the Service, including profile details, workout logs, and messages you send to the coaching assistant ("User Content"). You grant Lumi a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, create derivative works of, and otherwise use your User Content (a) for the purposes of operating, providing, securing, and improving the Service for you, and (b) in aggregated or de-identified form that does not identify you, for any lawful purpose, including analytics and improving our models and features.

You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law or infringe the rights of any third party. If you provide us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation to you.

To the extent Output can be assigned, and subject to these Terms and to the rights of our third-party AI providers, we assign to you our right, title, and interest, if any, in the Output generated for you. You are responsible for your use of Output.

11. Our Intellectual Property

The Service, including its software, design, text, graphics, logos, trademarks, coaching methodology, prompts, and all related intellectual property, is owned by Lumi or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no license or right is granted to you by implication or otherwise. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service without our express written permission.

12. Third-Party Services

The Service depends on and may link to third-party services, including cloud hosting, authentication providers, payment processors, and third-party AI model providers. Your use of third-party services is governed by their own terms and privacy policies, and we are not responsible for the acts, omissions, availability, or content of any third party. If you access the Service through a mobile application distributed by Apple or Google, the applicable app store terms also apply, and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

13. Copyright Complaints

We respect intellectual property rights. If you believe content available through the Service infringes your copyright, send a notice satisfying the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent at hey@onelumi.ai with the subject line "DMCA Notice," including: identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are authorized to act for the copyright owner, and your physical or electronic signature. We may terminate the accounts of repeat infringers.

14. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT, INCLUDING OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LUMI PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE LUMI PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY CONTENT OR OUTPUT IS ACCURATE, RELIABLE, OR SUITABLE FOR YOU, OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR FITNESS, HEALTH, OR OTHER RESULT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LUMI PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LUMI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE LUMI PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO LUMI FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The foregoing cap does not apply to (a) death or personal injury caused by a Lumi Party's own negligence where such a limitation is prohibited by law, or (b) losses caused by a Lumi Party's fraud or fraudulent misrepresentation. Some jurisdictions do not allow the exclusion or limitation of certain damages, including for personal injury, so some of the above limitations may not apply to you; in those jurisdictions, the liability of the Lumi Parties is limited to the fullest extent permitted by law. The limitations in this section are fundamental elements of the bargain between you and Lumi, and the Service would not be provided without them.

16. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Lumi Parties from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use or misuse of the Service or any Output; (b) your violation of these Terms or of any law; (c) your User Content, including our use of it as permitted by these Terms; (d) your violation of the rights of any third party; or (e) any injury, damage, or loss to any person or property arising from your participation in exercise or other physical activity in connection with the Service. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

17. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND LUMI TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, UNLESS YOU OPT OUT AS DESCRIBED BELOW.

a. Informal Resolution First

Before filing any arbitration or court proceeding, you and Lumi agree to first attempt to resolve any dispute informally. The party raising the dispute must send the other a written notice describing the dispute and the requested relief (to Lumi: hey@onelumi.ai with the subject line "Dispute Notice"). The parties will negotiate in good faith for at least 45 days after the notice is received, including through an individualized telephone or video conference if either party requests one. Completing this process is a condition precedent to starting any arbitration or court proceeding, and any applicable statute of limitations is tolled during it.

b. Binding Arbitration

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and any applicable supplementary procedures in effect at the time the arbitration is commenced. The AAA Rules are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties will select an alternative administrator, or a court will appoint one. The arbitration will be conducted by a single arbitrator, in English, and may proceed by videoconference, by written submissions, or, if an in-person hearing is required, in the county where you reside or another mutually agreed location. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court will decide any dispute about the enforceability of the class action waiver or the batch arbitration provision.

c. Exceptions

Either party may (i) bring an individual claim in small claims court if the claim qualifies and remains in that court, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or abuse of the Service.

d. Class Action and Jury Trial Waiver

YOU AND LUMI EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND LUMI MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY AWARD RELIEF ONLY IN FAVOR OF AND FOR THE BENEFIT OF THE INDIVIDUAL PARTY SEEKING RELIEF.

e. Batch Arbitration

If 25 or more arbitration demands of a substantially similar nature are filed against Lumi by or with the assistance of the same law firm, group of law firms, or organization within a 90-day period, the administrator shall (i) administer the demands in batches of up to 100 demands per batch, (ii) appoint one arbitrator for each batch, and (iii) resolve each batch as a single consolidated arbitration with one set of filing and administrative fees per batch. Any disagreement about the application of this provision will be resolved by a single procedural arbitrator appointed by the administrator, whose fees will be paid by Lumi. You agree to cooperate in good faith with this process, and this provision is a material term of this arbitration agreement.

f. Fees and Frivolous Claims

Payment of filing, administration, and arbitrator fees will be governed by the administrator's rules, and Lumi will pay those fees where required by law or the administrator's consumer rules. If an arbitrator determines that a claim or demand was filed for an improper purpose or is frivolous, as measured by the standards of Federal Rule of Civil Procedure 11(b), the arbitrator may reallocate fees and award costs, including reasonable attorneys' fees, as permitted by law and the administrator's rules.

g. 30-Day Opt-Out Right

You may opt out of this arbitration agreement and class action waiver by emailing hey@onelumi.ai with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and an unequivocal statement that you want to opt out of this arbitration agreement. Opt-out notices submitted by any third party purporting to act on your behalf are not valid. If you opt out, all other provisions of these Terms continue to apply.

h. Severability and Survival

If any portion of this Section 17 is found unenforceable, the remainder remains in effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, shall proceed in court rather than in arbitration. This Section survives termination of these Terms and of your account. This Section does not apply to you if you reside in a jurisdiction, such as the European Economic Area or the United Kingdom, whose laws do not permit mandatory pre-dispute consumer arbitration; in that case, disputes will be resolved as described in Section 18.

18. Governing Law and Venue

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Georgia and applicable United States federal law, without regard to conflict of law principles, except that the Federal Arbitration Act governs Section 17. For any dispute not subject to arbitration, you and Lumi consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Georgia, except that either party may bring a qualifying claim in small claims court in your county of residence. If you reside in a jurisdiction whose consumer protection laws grant you non-waivable rights or a different forum, nothing in these Terms limits those rights.

19. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination, including Sections 4, 5, 6, 10, 11, and 13 through 21, will survive.

20. General Terms

• Entire agreement. These Terms, together with the Privacy Policy and any terms presented at the time of purchase, constitute the entire agreement between you and Lumi regarding the Service and supersede all prior agreements and understandings.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, internet or utility failures, or failures of third-party providers.
• Notices. We may provide notices to you by email to the address associated with your account or through the Service. You may provide notice to us at hey@onelumi.ai.
• No third-party beneficiaries. Except for the Lumi Parties under Sections 6, 14, 15, and 16 and Apple as stated in Section 12, these Terms do not create any third-party beneficiary rights.

21. Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You may contact us at hey@onelumi.ai.

22. Contact

Questions about these Terms can be sent to hey@onelumi.ai or submitted through our Contact page.