Terms and Conditions

Last Updated Feb 1, 2018

Lumanu, INC Inc. (“Lumanu, INC” or “Agile” or Lumanu.com or app.lumanu.com) and its related services (“Service”) subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.

Lumanu, INC reserves the right to update and change the Terms of Service at any time without notice. All new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to said changes.

Violation of any of the terms below will result in the termination of your account. While Lumanu, INC prohibits such conduct and content on the service, you understand and agree that Lumanu, INC cannot be held responsible for the content posted on the Service and you may be exposed to such content. You agree to use the Service at your own risk.

Description of Website and Services

We provide you with a variety of materials and capabilities through Lumanu’s Website and Services. In connection with your use of the Website, you may receive communications from us, such as service announcements, and administrative messages, and that these communications are considered part of the use of the Website and you will not be able to opt out of receiving them. In order to access the Website and Services, you may be required to provide information about yourself (such as identification or contact details) from time to time, including, but not limited to, as part of the registration process for the Website, or as part of your continued use of the Website and Services. You promise that any registration information you give to us will always be accurate, correct and up to date. We promise to take commercially reasonable steps to preserve the confidentiality of such information. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website and Services. Accordingly, you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you promise to notify us immediately. In order to use certain functionality within Lumanu services, you may be required to share sensitive information through your Facebook ad accounts (such as conversion files or customer lists). We promise to take commercially reasonable steps to preserve the confidentiality of such information (including hashing and/or never storing your sensitive data).

Account Terms

You must be human. Accounts registered by bots and other automated methods are not permitted.

Lumanu, INC may communicate with you via email regarding your account, updates, news, and other issues related to your account. You automatically get subscribed to our mailing lists and newsletters. You can choose to unsubscribe from receiving emails.

You are responsible for maintaining the security of your account and password. Lumanu, INC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

We have soft limits on all our plans and should we believe that you are abusing the service, we may temporarily suspend your account and will seek your cooperation in this regard.

We reserve the rights to accept or refuse to any potential client. We have the sole discretion on whether to allow you to register, renew, change plan, or use our services.

Restrictions on Method of Access

You promise not to access (or attempt to access) any of the Website by any means other than through the interface(s) that are provided by us. Without limiting the generality of the foregoing, you specifically promise not to access (or attempt to access) any of the Website through any automated means (including use of scripts or crawlers) other than customary indexing of content by search engines. Similarly, you promise that you will not provide any third party access to material on the Website (or facilitate their attempt to access) by any means other than through the interface that is provided by us. Payments, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts to facilitate SmarBoost payment

You will be billed for every 30 days of service for agreed up SaaS fee plus SmartBoost charges. You may cancel our service any time and you won’t be charged again, but you are solely responsible for the charges already incurred.

You are responsible for whatever charges have been incurred. Due to equality policy for our customers, no exceptions will be made.

Cancellation and Termination

The account owner is the only person who can cancel an account. You are solely responsible for properly Account cancellations typically take about 2-3 business days to be processed. Once your account is canceled, all your account information will be permanently deleted. You won’t be charged again after your official cancellation date.

Lumanu, INC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Lumanu, INC service, for any reason, at any time.

Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account. Lumanu, INC reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Lumanu, INC reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to subscription plan fees of the Service, are subject to change without notice from us. Lumanu, INC shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Third Party Sites/Services

The Website and Services includes links to other websites or services (including, but not limited to social networks advertisements and payment providers) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by Lumanu of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites is not under the control of Lumanu and Lumanu does not provide or endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites. Lumanu is not responsible if any Linked Site is not functioning properly. Lumanu makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that Lumanu is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of any advertisers found on or through the Websites, including in or through the Services, are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or available on or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Lumanu is neither responsible nor liable for any part of such dealings with any third parties, including any Promotions.

What this really means: We make it easy to run advertising through influencer accounts, and hence social platforms. We connect to the APIs of these platforms. If these 3rd party sites are not working properly we will do our best to help. But it’s ultimately not our responsibility.

Copyright and Ownership

Lumanu, INC or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which Lumanu, INC or its suppliers own.

Lumanu, INC claims no intellectual property rights over the Content you upload or provide to the Service.

General Conditions

Your use of the Service, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

You understand that Lumanu, INC uses third party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the service.

You agree not to resell, duplicate, reproduce, or exploit any part of the Service without the explicit written permission of Lumanu, INC.

You may not use the service to transmit any viruses, worms, or malicious content.

Lumanu, INC makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.

Lumanu, INC, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.

If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

Lumanu, INC may, but have no obligation to, remove Accounts containing SmartBoosts that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

The Terms of Service sets forth the entire understanding between you and Lumanu, INC as to the Service, and supersedes any prior agreements between you and Lumanu, INC (including, but not limited to, prior versions of the Terms of Service).

Any questions regarding the Terms of Service should be addressed to support {at} Lumanu, INC {dot} com

Governing Law

These Terms shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to Your access to or use of the Service. Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The

Arbitration

American Arbitration Association (“AAA”) shall preside over such arbitration. Such arbitration shall be exclusively governed by the laws of the United States and the State of California. All proceedings shall take place in the City of San Francisco metropolitan area. If there is a conflict between the rules of the AAA and any provision of the Terms, the Terms shall govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses shall be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.