Terms and Conditions - LuminalQ

Last updated: August 6th 2025

  1. AGREEMENT TO TERMS

    These Terms and Conditions, along with the Service Agreement, form a legally binding agreement between the Client and LuminalQ ("LuminalQ"), regarding the Client's access to and use of the https://www.luminalq.com (the "Site"). By accessing the Site, the Client agrees to have read, understood, and be bound by all of these Terms and Conditions. LuminalQ reserves the right to make changes or modifications to these Terms and Conditions at any time and for any reason. LuminalQ will post the updated Terms and Conditions on the Site. The Client will be subject to, and deemed to have accepted, any revised Terms and Conditions if they continue to use the Site after the revised terms have been posted.

  2. CLIENT ACCESS AND CLIENT DATA

    LuminalQ grants the Client a non-exclusive, non-transferable right to access the Site and use the Services during the term, for use by the Client's authorized users in accordance with these Terms and Conditions. This use is limited to the Client's internal business use. LuminalQ will provide the necessary passwords and network links for the Client to access the Site.

    LuminalQ acknowledges that, as between LuminalQ and the Client, the Client owns all rights, title, and interest, including all intellectual property rights, in and to the Client's data uploaded to the Site. The Client grants LuminalQ a non-exclusive, royalty-free, worldwide license to reproduce, distribute, use, and display the Client data to the extent necessary for LuminalQ to provide the Services. All knowledge created or adapted by LuminalQ's artificial intelligence model from learning about the Client's business and the Services provided shall be the property of LuminalQ.

  3. LUMINALQ'S INTELLECTUAL PROPERTY RIGHTS

    The Client acknowledges that LuminalQ owns all rights, title, and interest, including all intellectual property rights, in and to LuminalQ's intellectual property. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos on the Site (the "Marks"). The Client shall not use the Services or Site for any purposes beyond the scope of the access granted in these Terms and Conditions. The Client and its authorized users are prohibited from directly or indirectly: (i) copying, modifying, or creating derivative works of the Services or Site; (ii) renting, leasing, lending, selling, licensing, or otherwise making the Services or Site available; (iii) reverse engineering, disassembling, or attempting to gain access to any software component of the Services; or (iv) removing any proprietary notices from the Services or Site.

  4. CLIENT REPRESENTATIONS

    By using the Site, the Client represents and warrants that: (1) all registration information submitted will be true, accurate, current, and complete; (2) Client will maintain the accuracy of this information; (3) Client will comply with these Terms and Conditions; (4) Client will not access the Site through automated or non-human means; (5) Client will not use the Site for any illegal or unauthorized purpose; (6) Client's use of the Site will not violate any applicable law or regulation; and (7) Client has obtained the necessary consent from prospective customers to allow LuminalQ to contact them on the Client's behalf. If any information provided by the Client is untrue, inaccurate, not current, or incomplete, LuminalQ has the right to suspend or terminate the Client's account and prohibit any future use of the Site.

  5. CLIENT REGISTRATION

    The Client must register with the Site to use it. The Client is responsible for maintaining the security of their password and for all use of their account. LuminalQ reserves the right to remove or change a username if it is deemed inappropriate, obscene, or otherwise objectionable.

  6. CONFIDENTIALITY

    Either party (the "Disclosing Party") may disclose to the other party (the "Receiving Party") confidential information about its business, services, intellectual property, and the terms of this Agreement. "Confidential Information" does not include information that is: (a) publicly available or becomes publicly known through no fault of the Receiving Party; (b) available to the Receiving Party on a non-confidential basis from a third-party source who is not prohibited from disclosing it; (c) known by the Receiving Party prior to disclosure by the Disclosing Party; (d) independently developed by the Receiving Party; or (e) required to be disclosed by law. For three years from receipt of the information, the Receiving Party must: (x) protect the confidentiality of the information with a commercially reasonable degree of care; (y) not use the information for any purpose other than to exercise its rights or perform its obligations under the Agreement; and (z) not disclose the information to anyone except its representatives who need to know it. If the parties have a separate nondisclosure agreement, that document will supersede this section.

  7. CANCELLATION

    If the Services are terminated by either party, the Client must pay for all appointments scheduled through the Services up to the effective date of termination.

  8. PROHIBITED ACTIVITIES

    The Client may not access or use the Site for any purpose other than that for which LuminalQ makes it available. Prohibited activities include, but are not limited to: harassing, abusing, or harming another person using information from the Site; using the Site in a manner inconsistent with applicable laws; uploading or transmitting viruses; engaging in automated use of the system; impersonating another user; interfering with the Site's networks or services; harassing LuminalQ employees or agents; attempting to bypass any access-restricting measures; copying the Site's software; reverse engineering any of the software; using or launching any automated system (such as a spider, robot, or scraper); and using the Site to compete with LuminalQ.

  9. WARRANTIES AND WARRANTY DISCLAIMER

    LuminalQ warrants that the Services (i) will be provided in compliance with all applicable laws, and (ii) do not contain any virus or malicious code. EXCEPT FOR THESE WARRANTIES, THE SERVICES ARE PROVIDED "AS IS". LUMINALQ DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  10. SUBMISSIONS

    Any questions, comments, suggestions, ideas, feedback, or other information about the Site ("Submissions") provided by the Client to LuminalQ are considered non-confidential and become LuminalQ's sole property. LuminalQ will own exclusive rights to these Submissions and can use them for any lawful purpose without acknowledgment or compensation to the Client. The Client waives all rights to any Submissions and warrants that they are original to the Client or that the Client has the right to submit them. The Client also waives any recourse against LuminalQ for the use of these Submissions.

  11. PRIVACY POLICY

    LuminalQ cares about data privacy and security, and the Client agrees to be bound by LuminalQ's Privacy Policy, which is incorporated into these Terms and Conditions. The Site is hosted in the USA. If the Client accesses the Site from a region with different laws regarding personal data, the Client agrees to have their data transferred to and processed in the USA by continuing to use the Site.

  12. TERMINATION BY LUMINALQ

    LuminalQ reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Site to any person for any reason or for no reason, including for breach of these Terms and Conditions. LuminalQ may terminate the Client's use of the Site or delete their account and any content at any time, without warning. If LuminalQ terminates or suspends the Client's account, the Client is prohibited from registering and creating a new account. LuminalQ also reserves the right to take appropriate legal action.

  13. MODIFICATIONS AND INTERRUPTIONS

    LuminalQ reserves the right to change, modify, or remove the contents of the Site at any time without notice. LuminalQ has no obligation to update any information on the Site. LuminalQ may also modify or discontinue all or part of the Site without notice. LuminalQ will not be liable to the Client or any third party for any modification, suspension, or discontinuance of the Site. LuminalQ cannot guarantee the Site will be available at all times and may experience interruptions, delays, or errors. The Client agrees that LuminalQ has no liability for any loss, damage, or inconvenience caused by the Client's inability to access or use the Site during downtime.

  14. GOVERNING LAW

    These Terms and Conditions are governed by and construed in accordance with the laws of the State of Wyoming. The parties expressly disclaim the application of the United Nations Convention on the Sale of Goods.

  15. DISPUTE RESOLUTION

    Informal Negotiations To resolve any dispute related to these Terms and Conditions, the parties agree to first attempt to negotiate informally for at least 30 days before initiating arbitration. These negotiations begin upon written notice from one party to the other.

    Binding Arbitration: Any dispute arising from the Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Cheyenne, Wyoming. The arbitrator may award the prevailing party all their costs and fees. No dispute may be commenced more than one (1) year after the cause of action arose.

    Exceptions to Informal Negotiations and Arbitration: The following disputes are not subject to the informal negotiations and binding arbitration provisions: (a) any disputes concerning a party's intellectual property rights; (b) any dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, such a dispute shall be decided by a court in Cheyenne, Wyoming, and the parties agree to submit to the personal jurisdiction of that court.

  16. CORRECTIONS

    The Site may contain typographical errors, inaccuracies, or omissions. LuminalQ reserves the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time without prior notice.

  17. LIMITATIONS OF LIABILITY

    IN NO EVENT WILL LUMINALQ BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM THE CLIENT'S USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, LUMINALQ'S LIABILITY TO THE CLIENT WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE CLIENT TO LUMINALQ DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING. Certain laws may not allow limitations on implied warranties or the exclusion of certain damages, and if those laws apply, some of these disclaimers may not apply to the Client.

  18. INDEMNIFICATION

    LuminalQ will indemnify, defend, and hold the Client harmless from any third-party claim that LuminalQ's intellectual property infringes or misappropriates such third party's intellectual property rights. The Client must promptly notify LuminalQ of the claim and cooperate with LuminalQ's defense. The Client shall indemnify, defend, and hold LuminalQ harmless from any third-party claim arising out of: (1) the Client's use of the Site; (2) the Client's breach of these Terms and Conditions; or (3) the Client's violation of a third party's rights. LuminalQ reserves the right to assume the exclusive defense and control of any matter for which the Client is required to indemnify LuminalQ.

  19. DATA SECURITY/RESTRICTIONS ON USE

    LuminalQ will use reasonable administrative, technical, and physical safeguards to ensure the confidentiality, integrity, and availability of Client data. LuminalQ will use Client data solely for the purpose of delivering the Services to the Client and will not share, sell, or transfer it to any third party unless instructed by the Client or required by law.

  20. DATA BACKUPS

    LuminalQ performs regular routine backups of data. However, the Client is solely responsible for all data they transmit to the Site. The Client agrees that LuminalQ has no liability for any loss or corruption of Client data and waives any right of action against LuminalQ for such loss or corruption. The Client may download their data from the Site at any time.

  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

    Visiting the Site, sending emails, and completing online forms are considered electronic communications. The Client consents to receive electronic communications from LuminalQ. The Client agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices and policies. The Client waives any rights or requirements for original signatures or non-electronic records.

  22. FORCE MAJEURE

    Neither party will be responsible for a delay or failure in performing the Agreement if it is caused by circumstances beyond its control (a "Force Majeure"), such as fire, flood, war, or disruption of internet communications. If a Force Majeure occurs, the affected party must give prompt notice and will be excused from performance for the duration of the event.

  23. MISCELLANEOUS

    These Terms and Conditions, along with the Agreement and any policies posted on the Site, constitute the entire agreement between the Client and LuminalQ. The failure to exercise a right or provision will not be a waiver of that right or provision. If any part of these Terms and Conditions is found to be unlawful, void, or unenforceable, that part is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between the Client and LuminalQ. LuminalQ may assign its rights and obligations to others at any time.

  24. CONTACT LUMINALQ

    To resolve a complaint or receive further information, please contact LuminalQ at:

    LuminalQ
    1621 CENTRAL AVE, CHEYENNE, WY 82001
    e: jonahcarv@gmail.com