Terms of Service

1. Introduction

These Terms of Service ("Terms") govern access to and use of the AI receptionist and business automation services (the "Service") provided by Lumida AI ("Lumida AI," "we," "us," or "our"), operating at lumida.us. By signing up for, accessing, or using the Service, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Lumida AI provides AI-powered call handling, voice receptionist automation, follow-up/reminder workflows, and related business process automation designed primarily for home-based service businesses operating in the United States. The specific scope of services, features, and pricing for your account will be set out in your service agreement, order form, or invoice with Lumida AI ("Service Agreement"). Where these Terms and a Service Agreement conflict, the Service Agreement controls for that engagement.

Lumida AI does not guarantee any specific business outcome, including but not limited to call volume, lead conversion, customer retention, or revenue, as a result of using the Service.

3. Third-Party Services

The Service relies on and integrates with third-party providers, including but not limited to telephony providers (e.g., Twilio), voice AI platforms, field service management software (e.g., Jobber), AI model providers, form-handling services, and cloud hosting/infrastructure providers ("Third-Party Providers"). Your use of the Service is also subject to the applicable terms of these Third-Party Providers where relevant. Lumida AI is not responsible or liable for outages, errors, data loss, policy changes, or service interruptions caused by any Third-Party Provider, including but not limited to AI API providers, content delivery/security providers (e.g., Cloudflare), hosting providers, or telecommunications carriers.

4. Client Responsibilities

You agree to:

• Provide accurate and current business information necessary to configure and operate the Service
• Ensure you have the appropriate rights and consents to route your business communications through the Service
• Comply with all applicable laws regarding call recording, telemarketing, and customer communications in the jurisdictions in which you operate, including obtaining any consent required under state call-recording or two-party consent laws
• Use the Service only for lawful business purposes and not for fraud, harassment, spam, or any unlawful communications
• Maintain the confidentiality of any account credentials associated with the Service

5. Fees and Payment

Pricing, billing frequency, and payment terms are specified in your Service Agreement or invoice. Fees are due as specified and Lumida AI reserves the right to suspend or terminate the Service for non-payment after reasonable notice.

No Refunds: Once onboarding/setup of the Service has begun, fees are non-refundable, except where required by law or expressly agreed in writing by Lumida AI.

6. Ownership of Automations and Work Product

Ownership of automation workflows built for a Client is determined on a case-by-case basis as agreed with each Client at the time of engagement:

• Custom/Separate Automations: Where a Client specifically commissions a separate, custom-built automation distinct from Lumida AI's standard platform, that automation is owned by the Client, and the Client may retain and continue using it independently if the Service relationship ends.
• Standard Platform Automations: Where an automation is built on or as part of Lumida AI's own standard platform, system, or proprietary infrastructure, Lumida AI retains ownership of that automation, and the Client's right to use it ends upon termination of the Service.

Which category applies to a given deliverable will be confirmed with the Client as part of the engagement or Service Agreement. Absent a specific written agreement stating otherwise, automations are presumed to fall under Lumida AI's standard platform.

7. Intellectual Property

Except as set out in Section 6, all underlying software, platforms, templates, methodologies, and know-how used to deliver the Service remain the exclusive property of Lumida AI. Nothing in these Terms transfers ownership of Lumida AI's underlying technology to the Client.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LUMIDA AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED RESPONSES WILL ALWAYS BE ACCURATE OR APPROPRIATE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMIDA AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, OR LOST DATA, ARISING OUT OF OR RELATED TO THE SERVICE, INCLUDING DAMAGES RESULTING FROM MISSED CALLS, INACCURATE AI RESPONSES, OR OUTAGES OF ANY THIRD-PARTY PROVIDER (INCLUDING AI API PROVIDERS, HOSTING, OR INFRASTRUCTURE/SECURITY PROVIDERS SUCH AS CLOUDFLARE). LUMIDA AI'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT TO LUMIDA AI IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Termination

Either party may terminate the Service relationship as specified in the Service Agreement, or with reasonable written notice where no specific term is stated. Upon termination, Section 6 governs the disposition of any automation workflows. Fees paid prior to termination are non-refundable per Section 5.

11. Indemnification

You agree to indemnify and hold harmless Lumida AI from any claims, damages, or expenses arising from your misuse of the Service, your violation of these Terms, or your violation of applicable law, including telecommunications and consumer protection laws.

12. Changes to These Terms

Lumida AI may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms can be directed to: support@lumida.us