Terms of Use

Changes

We may choose to modify, suspend or discontinue any part or all of the Platform at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting the modified terms of use on the Service and, if you have registered with us (as described below), by describing the modifications to these Terms in an email that we will send to the address associated with your account in our records. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.

If you object to any such modifications, your sole recourse shall be to cease using the Platform. Continued use of the Platform following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please note that these Terms may be superseded by expressly designated legal notices or terms located on particular features of the Platform or on the sites of our partners. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

General Use

By using the Platform, you agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Platform with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Platform and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access, use and to display the Materials accessible via the Service for your personal, non-commercial use when using the Mobile Application; your right to use the Materials is conditioned on your compliance with these Terms. You may not distribute, publicly display, publicly perform or otherwise use the Materials outside the Platform. You have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Service or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Service.

You are responsible for complying with these Terms when you access and use the Platform. Unfortunately, if you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Using the Services

You need not register with us to simply download and install the Mobile Application. However, in order to access the functionality of the Service you must successfully register with us. If you want an account with us, you must submit all of the information required. Once you submit the required registration information, we will determine whether or not to approve your proposed account. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly.

It is your responsibility to obtain and maintain all equipment and services needed for you to access and use the Platform, as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s). Unless expressly permitted in writing by Lumora, you may not sell, rent, lease, share, or provide access to your account to anyone else. Should you believe your password or security for the Platform has been breached in any way, you must immediately notify us.

Using the Mobile Application

Payments

You agree to pay all fees applicable to your use of the Platform using one of the payment methods Lumora supports. Except as otherwise specified in these Terms, (a) fees are based on Services purchased, regardless of actual usage, and (b) payment obligations are non-cancelable and fees paid are non-refundable. Subscription fees are based on recurring subscription periods that begin on the subscription start date and each monthly anniversary thereof; therefore, fees for subscriptions added in the middle of a subscription period will be charged for that full month and the periods remaining in the subscription term. All amounts payable under these Terms will be made without setoff or counterclaim, and without any deduction or withholding.

If you elect to pay by credit card, Lumora or our third-party payment processor will charge your payment method on the date that you subscribe to use a paid version of the Service. By providing a payment method, you expressly authorize Lumora and/or our third-party payment processor to charge the applicable fees to said payment method as well as taxes and other charges incurred thereto. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. You agree to pay all invoiced amounts within thirty (30) calendar days of the invoice date.

If Lumora does not receive fees by the due date, then at our discretion, such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.

If any amounts owed by you for the Services are more than thirty (30) days overdue, Lumora may, to the extent permitted by applicable law, and without limiting our other rights and remedies, suspend your access to the Service until such amounts are paid in full; provided that Lumora agrees that it will not exercise its rights under this Section if the applicable charges are under reasonable and good-faith dispute and you are cooperating diligently to resolve the dispute.

IMPORTANT NOTICE - AUTOMATIC RENEWAL: IF YOU HAVE SUBSCRIBED TO AN AUTOMATICALLY RENEWING SUBSCRIPTION, BEGINNING WITH THE FIRST MONTH FOLLOWING THE END OF THE MONTH FOR WHICH YOU INITIALLY SUBSCRIBE, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION. EACH RENEWAL PERIOD WILL BE FOR ONE MONTH.

AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, IF YOU HAVE ENROLLED IN A PAID SUBSCRIPTION, WE OR OUR THIRD-PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD WITH THE APPLICABLE FEE AT THE BEGINNING OF EACH MONTH UNLESS YOU CANCEL YOUR PAID SUBSCRIPTION PRIOR TO THE EXPIRATION OF YOUR PREVIOUS SUBSCRIPTION BY LOGGING INTO THE PLATFORM AND CANCELLING OR BY EMAILING admin@lumora.vet.

IF YOU CANCEL YOUR PAID SUBSCRIPTION PRIOR TO THE LAST DAY OF THE THEN-CURRENT MONTH, YOU WILL NOT RECEIVE A REFUND, BUT WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTH FOR WHICH YOU HAVE PAID. AFTER THAT, YOUR SUBSCRIPTION WILL REVERT TO AN UNPAID SUBSCRIPTION.

WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT MONTH IN WHICH YOU RECEIVE THE NOTICE) UPON 30 DAYS ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE 30-DAY PERIOD AFTER RECEIVING NOTICE OF A PRICE CHANGE BY LOGGING INTO THE PLATFORM AND CANCELLING OR BY EMAILING admin@lumora.vet, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN THE NOTICE.

IF YOU SIGN UP FOR A FREE TRIAL OF A PAID VERSION OF THE SERVICE, YOUR SUBSCRIPTION WILL NOT CONVERT TO A PAID SUBSCRIPTION AT THE END OF THE FREE TRIAL PERIOD. INSTEAD, YOU MUST SUBSCRIBE TO A PAID SUBSCRIPTION TO CONTINUE TO ACCESS AND USE THE BENEFITS PROVIDED BY THE PAID VERSION OF THE SERVICE.

YOU MAY CANCEL AN UNPAID SUBSCRIPTION AT ANY TIME.

Electronic Communications

By using the Platform (or any part thereof), you consent to receiving electronic communications from us (including, if you have opted in, via text message). These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.

Privacy

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”), which explains how we use such information.

Third Party Offerings; Third Party Hosting

The Platform may contain features designed to interoperate with certain devices, software or services delivered or performed by third parties (“Third Party Offerings”). To use such features, you will be required to obtain access to such Third Party Offering from the providers of such offerings. Any acquisition by you of any such Third Party Offerings, and any exchange of data between you and any provider of a Third Party Offering, is solely between you and the applicable provider of the Third Party Offering. Lumora does not warrant or support any Third Party Offering, whether or not such offerings are designated by Lumora as “certified” or otherwise. If you install or enable any Third Party Offering for use with the Platform, you acknowledge that we may allow providers of that Third Party Offering to access User Data (each as defined below) as required for the interoperation and support of such Third Party Offering with the Platform. Lumora shall not be responsible for any disclosure, modification or deletion of User Data resulting from any such access by the providers of Third Party Offerings. If Lumora determines that it is no longer in Lumora’s best interest to provide interoperability with a Third Party Offering or the provider of any Third Party Offering ceases to make the Third Party Offering available for interoperation with the corresponding Platform features on reasonable terms, Lumora may cease providing such features without entitling you to any refund, credit, or other compensation.

To the extent that Lumora requires that you provide us with authorizations, passwords or other user credentials to a Third Party Offering (“Third Party Access Codes”) to retrieve User Data or to enable interoperability with the Platform, you will promptly provide such Third Party Access Codes. We will not share, reassign, divulge or disclose any Third Party Access Codes except to our employees or contractors.

We may use the services of one or more third parties to deliver any part of the Platform. We will pass through to you any warranties that we receive from such service providers, to the extent permitted. You agree to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to you from time to time.

Links to Third-Party Websites

We sometimes provide links on the Platform to third-party websites. If you use these links, you will leave our Platform. We are not obligated to review any third-party websites that you link to from the Platform, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, unless specifically stated on the Platform, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

As part of the functionality of the Service, you may be permitted to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Service; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Platform via your account, including without limitation your pets’ medical records; and (2) we may receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then the content received from such Third-Party Account may no longer be available on and through the Platform.

YOU AGREE THAT LUMORA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, THIRD PARTY ACCOUNTS, OR THIRD PARTY OFFERINGS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Platform to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Lumora's endorsement or recommendation.

User Provided Content and Data

To the extent you provide Lumora with or access to any data or materials owned, and/or licensed to you (“User Data”), you hereby grant Lumora a non-exclusive, royalty-free, fully-paid-up right and license to reproduce, display, modify and otherwise use such User Data (a) during the relevant subscription term(s), for the purpose of performing its obligations and providing the Service to you under these Terms, and (b) perpetually and irrevocably, to use such User Data to create Aggregated Statistics (as defined below). To the extent that you use the Platform to process third party data or User Data, you shall comply with all applicable laws and industry standards in your collection, processing and use of such data, and you represent and warrant that you have the right to provide such User Data and that Lumora may process such User Data for the purpose of providing the Service as contemplated herein. If you have chosen to share User Data or the charts and records Lumora has created through the use of such User Data, including but not limited to the sharing of your pets’ medical history, you hereby authorize Lumora to share such materials as directed by you.

We may, but are not obligated to, pre-screen User Data or monitor any area of the Platform through which User Data may be submitted. It is your responsibility to ensure that all pet records included in the User Data is accurate and authentic. If you suspect that any records are inauthentic, please contact us at admin@lumora.vet.

We are not required to host, display, or distribute any User Data on or through the Platform and may remove at any time or refuse any User Data for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Data. If you choose to share your User Data with other users of the Service, you are solely responsible for choosing with whom to share such information and such parties’ use of such information.

Notwithstanding anything else in these Terms or otherwise, Lumora may monitor your use of the Platform and use data and information related to such use and User Data in an aggregate and anonymous manner, including to compile statistical and performance information and prepare and maintain analytics related to the provision and operation of the Platform (“Aggregated Statistics”). As between Lumora and you, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by Lumora. You acknowledge that Lumora will be compiling Aggregated Statistics based on User Data input, uploaded or otherwise transmitted to the Platform and you agree that Lumora may (a) make such Aggregated Statistics publicly available, and (b) use such information in compliance with applicable law or regulation and for purposes of data gathering, analysis, service and product enhancement and marketing, provided that such data and information does not identify you or your Confidential Information.

The Platform Does Not Provide Professional Medical Services or Advice

The Platform is to be used for record-organization and informational purposes only. The Materials and other information contained on or received from the Platform are for informational purposes only. The provision of the Platform does not constitute the practice of any medical, veterinary, nursing or other professional health care advice, diagnosis or treatment. The Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Lumora does not represent or warrant that any particular service or product is safe, appropriate or effective for you or your pets. Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Platform. If you think your pet may have a medical emergency, call your veterinarian immediately. We do not recommend or endorse any specific tests, veterinarians, products, procedures, opinions, or other information that may be mentioned on the Platform. Reliance on any information provided by Lumora, our employees, others appearing on the Platform at our invitation, or other visitors to the Platform is solely at your own risk.

Reliance on Third-Party Content

Opinions, advice, statements, or other information made available on the Platform are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. LUMORA DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD-PARTY. UNDER NO CIRCUMSTANCES WILL LUMORA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO OR BY ANY THIRD-PARTY. You also understand that by accessing and using the Platform, you may encounter information, materials and subject matter that you or others may deem offensive, indecent, or objectionable. You agree to use the Platform at your sole risk and that Lumora and our affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.

Unauthorized Activities

• for any use of the Materials on another site or service, including, for avoidance of doubt, to use the Materials, or results provided by the Platform to train any artificial intelligence model or improve any competing service;
• in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Platform;
• in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• to stalk, harass, or harm another individual;
• to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• in a manner that may create a conflict of interest or undermine the purposes of the Services, such as writing fake reviews;
• in a manner that infringes any copyright, trademark or other intellectual property or privacy rights of any other person;
• to interfere with or disrupt the Service or servers or networks connected to the Service;
• to harvest or collect email addresses or other contact information of other users of the Platform;
• to use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
• to attempt to circumvent any content filtering techniques we employ or to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

Proprietary Rights

As between Lumora and you, all right, title and interest in the Platform, all software, models and algorithms used to provide the Platform and any other Lumora materials furnished or made available hereunder, and all modifications, enhancements and derivative works thereof, and all suggestions, ideas and feedback proposed by you regarding the Platform, including all copyright rights, patent rights and other intellectual property rights in each of the foregoing, belong to and are retained solely by Lumora or Lumora’s licensors and providers, as applicable.

As between Lumora and you, all right, title and interest in the User Data and all intellectual property rights therein and thereto, belong to and are retained solely by you.

You acknowledge and agree that certain functionality of the Service utilizes machine learning and artificial intelligence to process User Data and generate documents and other results. To the extent Lumora obtains any intellectual property rights in or to any such output generated and returned to you through your use of the Platform with your User Data (“Customer Results”), Lumora hereby assigns and agrees to assign to you all right, title and interest in and to such Customer Results. You understand and agree that, notwithstanding the foregoing, due to the nature of machine learning, output generated and returned to users of the Platform may not be unique across users and the Platform may generate the same or similar output for a third party. You understand and agree that output generated for other users through the use of their user data is not considered to be your Customer Results, regardless of any similarity to your Customer Results.

The trademarks, service marks, and logos of Lumora (“Our Trademarks”) used and displayed on various parts of the Platform are registered and unregistered trademarks or service marks of Lumora. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Platform are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

THE MOBILE APPLICATION, MATERIALS, SERVICE AND THIRD PARTY OFFERINGS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE MOBILE APPLICATION, MATERIALS AND SERVICE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE PLATFORM OR THIRD PARTY OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE PLATFORM, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THIRD PARTY OFFERINGS). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PLATFORM OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS YOU MAKE AS A RESULT OF USING THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT (A) USE OF THE PLATFORM IS AT YOUR SOLE RISK; AND (B) LUMORA AND ITS THIRD-PARTY SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION IN USE OF THE PLATFORM, DELAYS OR ERRORS CAUSED BY ANY USER’S USE OF THE PLATFORM, OR ANY PART THEREOF.

Limitation of Liability

YOU ARE USING THE PLATFORM AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE OR YOUR USE OF THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. LUMORA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED $100.00.

Confidentiality

The parties acknowledge that each party will have access to certain of the other party’s Confidential Information or Confidential Information of third parties that the disclosing party is required to maintain as confidential. Both parties agree that all items of Confidential Information are proprietary to the disclosing party or such third party, as applicable, and will remain the sole property of the disclosing party or such third party. “Confidential Information” means all written or oral information, disclosed by either party to the other, related to either party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure should reasonably be understood by the party receiving such information as confidential.

Each party agrees as follows: (i) to use Confidential Information disclosed by the other party only for the purposes described in these Terms and, if applicable, the Privacy Policy; (ii) that such party will hold in confidence and protect such Confidential Information from dissemination to, and use by, any third party; (iii) to restrict access to the Confidential Information disclosed by the other party to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with these Terms; and (iv) to return or destroy, subject to the perpetual license granted to User Data set forth in these Terms, all Confidential Information disclosed by the other party that is in its possession upon termination or expiration of these Terms.

Notwithstanding the foregoing, the parties’ obligations of confidentiality will not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing party without restriction. In addition, each party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (y) to establish a party’s rights under these Terms, including to make such court filings as it may be required to do.

Local Laws; Export Control

We control and operate the Service from our headquarters in the United States of America and it is intended for use only by users in the United States. As such, the entirety of the Platform may not be appropriate or available for use in other locations. If you use the Platform (or any portion thereof) outside the United States of America, you are solely responsible for following applicable local laws.

Feedback

Any comments, questions, suggestions or other feedback (collectively, “Feedback”) you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Termination

To the fullest extent permitted by applicable law, Lumora reserves the right, without notice and in our sole discretion, to terminate your license to use the Platform and to block or prevent your future access to and use of the Platform, including but not limited to where we reasonably consider that: (a) your use of the Platform violates these Terms or applicable law; (b) you fraudulently use or misuse the Platform; or (c) we are unable to continue providing the Platform to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Platform; (ii) any term of these Terms; (iii) any policy or practice of Lumora, or (iv) any content or information transmitted through the Platform, is to terminate your account and to discontinue use of any and all parts of the Platform.

Upon expiration or termination of these Terms, (a) your use of and access to the Platform shall cease; and (b) all fees and other amounts owed to Lumora shall be immediately due and payable. Lumora shall, unless prohibited by applicable law, maintain your User Data for ninety (90) days. After that, Lumora shall have no obligation to maintain or provide any User Data and may thereafter, unless legally prohibited or otherwise agreed in writing by the parties hereto, delete all User Data in its systems or otherwise in its possession or under its control.

Dispute Resolution and Arbitration; Mass Arbitration; Class Action Waiver

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at andy@lumora.vet.