Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services provided by Lumnar Creations SRL ("Company", "we", "us", or "our"). By using our services, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.
1. Definitions and Acceptance
"Services" refers to the tailored automations and any accompanying support, integration, or maintenance services we provide to you.
"External Services" refers to third-party APIs, accounts, AI infrastructure, or other third-party systems with which our automations may integrate.
By accessing or using our Services, you agree to be bound by these Terms and confirm that you have the authority to enter into these Terms on behalf of yourself or the entity you represent.
2. Scope of Services
We create tailored automations that may integrate with customer accounts and External Services such as third-party software, APIs, or AI infrastructure. You acknowledge and agree that our ability to provide these automations is dependent on:
- The continuous availability and functionality of the relevant External Services;
- The timely payment of any fees or subscriptions owed to third parties;
- Our being informed promptly of any changes or updates to such External Services.
We make no guarantees regarding uptime, performance, or functionality in the event any External Service is down, unpaid, or otherwise not functional. In the event an External Service changes its terms or functionality, you agree to promptly inform us so we can update or revise our integration if needed. Any downtime or performance issues caused by External Services or AI infrastructure are beyond our control, and we disclaim any liability for such interruptions.
3. Technical Decisions and Confidentiality
While we may consult with you regarding technical implementation details, the final decision on how an automation or integration should be technically implemented is exclusively ours. We do not share AI models, training data, or internal workflow strategies unless we deem it necessary for the successful operation or improvement of the Services. Any requests for such information may be declined at our sole discretion.
4. Usage Policy
You agree not to overuse, abuse, or maliciously interfere with our infrastructure and Services. In the event we suspect or detect misuse or malicious activity, we reserve the right to immediately suspend or terminate your access to the Services without notice or compensation. Misuse includes, but is not limited to:
- Attempting to gain unauthorized access to our systems or data;
- Exceeding usage limits defined in your subscription or service plan;
- Conducting illegal or harmful activities using our Services.
5. Maintenance and Access to Customer Accounts
Ongoing maintenance for custom workflow integrations requires scheduled maintenance windows, as established with you based on your chosen service package. During these maintenance periods, our technicians may need access to your accounts and related services to ensure smooth functionality and address any technical issues. By agreeing to these Terms, you grant us permission to perform such activities for the sole purpose of maintaining and improving the Services.
6. Payment Terms
All invoices are payable within fourteen (14) days of receipt. Failure to pay any invoice by the due date will result in the automatic cancellation of your subscription or service package, which may affect all related services and automations. You are responsible for providing valid and current payment information, as well as any applicable taxes, fees, or duties.
If a payment is declined, or if we do not receive payment when due, we reserve the right to suspend or terminate your access to the Services without further notice, and you may be liable for all costs associated with collection of outstanding amounts.
7. Intellectual Property Rights
All intellectual property rights, including copyrights, trademarks, trade secrets, and any other proprietary rights in our Services and all associated content or materials are owned by or licensed to Lumnar Creations SRL, unless specified otherwise. Nothing in these Terms grants you any right, title, or interest in such intellectual property.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ERROR-FREE, OR SECURE, OR THAT THEY WILL OPERATE WITHOUT DISRUPTIONS OR DELAYS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMNAR CREATIONS SRL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, 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 (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to defend, indemnify, and hold harmless Lumnar Creations SRL and its affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any third-party right, including without limitation any intellectual property right or publicity, confidentiality, or privacy right.
11. Termination
We reserve the right to suspend or terminate your access to the Services at any time, for any reason, including your violation of these Terms, your failure to make timely payments, or any suspected misuse or malicious activity. Upon termination, your right to use the Services will immediately cease. We shall not be liable to you or to any third party for any termination or suspension of your access to the Services.
12. Modifications and Updates
We reserve the right to modify or update these Terms at any time. If we do so, we will post the updated Terms on our website or otherwise notify you. Your continued use of the Services after any such update constitutes your acceptance of the new Terms.
13. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which Lumnar Creations SRL is registered, that is Romania, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by the competent courts located in that jurisdiction.
14. Contact Us
If you have any questions about these Terms, or if you need to contact us for any reason, please email us at: [email protected] .
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: [February 28th, 2025]