Lumen — Terms of Use
Lumen — Terms of Use
Welcome to Lumen
These Terms of Use (the “Terms”) form a binding agreement between you and Atizan Studio LLC, a Massachusetts Limited Liability Company(LLC) (“Lumen,” “we,” “us,” or “our”). They apply to the Lumen mobile applications for iOS and Android, the Lumen website, and any related content, features, and support channels we operate that link to these Terms (together, the “Services”).
Please read these Terms carefully. Two sections deserve your particular attention:
- Section 3 and Section 4 explain that Lumen is a wellbeing and self-help tool, not a healthcare provider, and what to do in an emergency.
- Section 27 requires most disputes to be resolved by individual arbitration rather than in court, and waives your right to participate in a class action. You may opt out of that section within 30 days.
1. Your acceptance of these Terms
By creating an account, downloading the app, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the Services.
Some features may carry their own additional terms, presented to you at the point of use — for example, promotions, beta features, or services delivered by a partner organization. Where those additional terms conflict with these Terms, the additional terms govern for that feature only.
We may update these Terms from time to time. If we make a material change, we will give you notice through the app, by email, or by another reasonable means before the change takes effect. Continuing to use the Services after the effective date means you accept the updated Terms. If you do not accept them, your remedy is to stop using the Services and close your account.
2. Who may use Lumen
You must be at least 18 years old and able to enter a binding contract under the law that applies to you. Lumen is not directed to children, and we do not knowingly collect information from anyone under 18. If we learn that an account belongs to a minor, we will close it.
We operate the Services from the United States and design them for use in the United States [and: LIST ANY OTHER LAUNCH MARKETS]. We make no claim that the Services are appropriate or available anywhere else. If you access Lumen from another country, you do so on your own initiative and are responsible for complying with local law.
You may hold only one account, and it is personal to you. Do not share your login with anyone else.
3. What Lumen is — and what it is not
Lumen offers structured exercises, guided sessions, written and audio content, progress tracking, and — where available — facilitated group sessions, intended to support your general wellbeing and personal development.
Lumen is not a healthcare provider. Lumen does not provide medical care, psychiatric care, psychotherapy, counseling, diagnosis, or treatment. Using the Services does not create a clinician–patient, therapist–client, or any other professional healthcare relationship between you and Lumen or anyone acting on our behalf. Content in the Services is general and educational; it is not tailored to your circumstances and is not a substitute for the judgment of a qualified professional who knows your history.
If a facilitator, coach, or clinician offers services through or alongside Lumen, they are responsible for their own services and their own professional and licensing obligations, unless we tell you otherwise in writing at the point of purchase. See Section 8.
Decisions you make based on anything you read, hear, or do in the Services are your own. Please do not delay or avoid seeking care from a qualified professional because of something you encountered in Lumen.
4. Emergencies and crisis support
Lumen is not an emergency service and is not monitored in real time. Do not use the Services to report a medical or mental health emergency, and do not rely on them to summon help.
If you are in immediate danger, or you are thinking about harming yourself or someone else:
- In the United States, call or text 988 to reach the Suicide & Crisis Lifeline, or call 911.
- Outside the United States, contact your local emergency number or crisis line.
We may, but are not obligated to, act on information suggesting a risk of serious harm — including by contacting emergency services. Nothing in these Terms creates a duty for us to monitor your activity or intervene.
5. Your account and account security
To use most of Lumen you will create an account. You agree to give accurate, current, and complete information and to keep it up to date — including a working email address, so we can reach you about your account.
You are responsible for everything that happens under your account, whether or not you authorized it. Keep your credentials confidential, use a strong and unique password, and tell us promptly at support@lumenly.net if you suspect unauthorized access. We are not liable for losses caused by your failure to safeguard your account.
6. Privacy and sensitive information
Our Privacy Policy explains what we collect, how we use it, who we share it with, and the choices you have. By using the Services you consent to those practices.
Because Lumen touches on wellbeing, some of what you enter may feel — or legally qualify as — sensitive personal information. We handle it accordingly, as described in the Privacy Policy. Please use your judgment about what you write down, particularly in any shared or group space where other people can see it.
7. Acceptable use
You agree to follow applicable law when using the Services, and not to:
- Register in someone else’s name, hold more than one account, or use another person’s account;
- Use the Services for any unlawful purpose, or to encourage unlawful activity;
- Interfere with anyone else’s use or enjoyment of the Services;
- Scrape, crawl, harvest, or bulk-collect data from the Services by automated means or otherwise, without our written permission;
- Reverse engineer, decompile, or attempt to derive the source code of the Services, except where that restriction is unenforceable under applicable law or permitted by an applicable open-source licence (see Section 14);
- Probe, scan, or test the security of the Services, or attempt to gain access to areas, accounts, or systems you are not authorized to reach;
- Place an unreasonable load on our infrastructure, including by flooding it with requests;
- Use the Services to build, train, or market a competing product, or to gather competitive intelligence;
- Upload malware or anything else designed to disrupt the Services;
- Disguise the origin of anything you send us, or forge identifiers; or
- Use the Services to send spam or unsolicited commercial messages.
We may suspend or terminate access for anyone who breaks these rules.
8. Group sessions, facilitators, and community conduct
Some parts of Lumen let you take part in sessions with other people, sometimes led by a facilitator, host, or partner organization.
Confidentiality is a shared expectation, not a guarantee. What another participant chooses to do with what they hear in a session is outside our control. Share only what you are comfortable having repeated, and do not repeat what others share.
Facilitators are not our employees unless we say so explicitly. Facilitators and partner organizations are responsible for their own conduct, credentials, licensure, and any services they provide. We do not warrant that any facilitator is licensed, insured, qualified, or suitable for your needs, and we are not a party to your relationship with them.
In any shared space, you agree not to give medical or clinical advice, not to solicit or sell to other participants, not to record sessions without the consent of everyone present, and not to contact other participants outside Lumen without their agreement.
You are solely responsible for your interactions with other users. We may, but need not, monitor or intervene in disputes between users.
9. Content you submit
The Services may let you write reflections, post to shared spaces, upload media, or send messages (“Your Content”).
You are responsible for Your Content. By submitting it, you represent that you own it or otherwise have the rights needed to submit it and to grant the licence in Section 10, and that it does not infringe anyone’s rights or break any law. Where Your Content includes another person’s name, image, voice, or likeness, you confirm you have their permission.
We do not pre-screen Your Content and we are not its publisher. We are not responsible for its accuracy or legality.
10. The licence you give us
You keep ownership of Your Content. You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable licence to host, store, reproduce, adapt, format, translate, and display Your Content for the purpose of operating, securing, supporting, and improving the Services and making Your Content available to the people you direct it to. This licence ends when you delete Your Content or close your account, except that (a) we may retain backup and archival copies for a reasonable period, and (b) copies already shared with others may persist.
11. Content standards
Do not submit content that:
- Encourages or gives instructions for self-harm, suicide, disordered eating, or substance abuse;
- Threatens, harasses, bullies, defames, or degrades another person;
- Is discriminatory, hateful, obscene, or sexually explicit;
- Reveals another person’s private information without their consent;
- Contains confidential or proprietary information you are not free to share;
- Infringes anyone’s intellectual property rights;
- Advertises goods or services, or solicits other users;
- Is knowingly false or misleading; or
- Contains malicious code.
We may remove or restrict content, or suspend accounts, at our discretion — but we have no obligation to monitor, and any moderation we do is voluntary. Where we do act, we do so in good faith, and neither our acting nor our declining to act creates liability or a commitment to act the same way again. Our staff and moderators cannot make binding promises on our behalf.
12. Non-discrimination
Everyone should be able to use Lumen. We prohibit discrimination or harassment against users, guests, facilitators, or our personnel on the basis of race, color, religion, sex, national origin, ancestry, disability, marital or family status, pregnancy, sexual orientation, gender identity or expression, veteran or citizenship status, age, or any other characteristic protected by applicable law. This applies to conduct in sessions and to anything posted in the Services.
If you experience or witness discrimination on Lumen, email support@lumenly.net with the subject line “Non-discrimination policy” so we can look into it. We may suspend or remove anyone who violates this policy.
13. Our intellectual property
The Services — including our software, text, audio, video, exercises, curricula, graphics, layout, design, and the LUMEN name and logo — are owned by us or our licensors and are protected by copyright, trademark, and other laws.
We grant you a limited, personal, non-transferable, non-exclusive, revocable licence to use the Services for your own non-commercial use, subject to these Terms. You may not copy, modify, distribute, sell, publicly display, create derivative works from, or commercially exploit any part of the Services except as these Terms allow or as an applicable open-source licence permits.
Nothing in these Terms transfers any right in our trademarks to you. Do not register or use any name, mark, or domain that is confusingly similar to ours.
14. Third-party and open-source components
The Services include third-party and open-source software, which is licensed to you under its own terms. Where an open-source licence grants you rights broader than these Terms, that licence controls for that component. A list of the components we use and their licences is available at https://wiki.29k.org/aware-integritetspolicy.
The Services may also link to or integrate with third-party sites and services we do not control. We do not endorse them and are not responsible for their content, availability, or practices. Your use of them is governed by their terms and privacy policies.
15. Subscriptions, fees, and payments
Lumen offers free features and paid features (“Paid Services”). Pricing and what each plan includes are shown before you buy.
Auto-renewal. Paid Services are typically sold as recurring subscriptions. When you subscribe, you authorize us (or the app store handling your purchase) to charge your payment method the then-current fee plus applicable taxes, on a recurring basis, until you cancel. Your subscription renews automatically at the end of each term unless you cancel before the renewal date, we decline to renew, or these Terms are terminated.
Free trials. If your plan includes a free trial, you will not be charged during the trial, but you may need to provide a payment method up front. Unless you cancel before the trial ends, your subscription converts automatically to a paid subscription and your payment method is charged. You may not receive a separate reminder that the trial is ending. One free trial per person.
Keeping payment current. Keep a valid payment method on file. If a charge fails and you do not cure it within [30] days of our notice, we may suspend or terminate your access to Paid Services. Card networks may send us updated card details automatically so your access is not interrupted; you can change or remove a payment method in your account settings.
Price changes. We may change prices or introduce new paid features. If the price of your subscription increases, we will notify you in advance and tell you how long you have to cancel before the new price applies. Continuing after that point means you accept the new price.
Payment processors. Purchases are handled by third-party payment processors or by the Apple App Store or Google Play. Those transactions are also governed by the processor’s or store’s own terms and privacy policy.
Taxes. You are responsible for any taxes on your purchase other than taxes on our income. Where we are required to collect tax, it will be added at checkout.
16. Cancellation and refunds
You can cancel at any time. If you subscribed directly through us, cancel in your account settings. If you subscribed through the Apple App Store or Google Play, you must cancel through that store — we cannot cancel it for you.
Cancelling stops future renewals. You keep access for the remainder of the term you already paid for.
Fees are non-refundable except where required by law — and consumer protection law in some places does require refunds or cooling-off periods. Nothing here limits rights you have that cannot be waived. If we terminate your subscription for reasons other than your breach of these Terms, we will refund the unused portion on a pro-rata basis.
17. Access provided by an organization or partner
You may receive access to Paid Services through an employer, health plan, clinic, community organization, or other partner. That access is for the intended audience and purpose only, and may not be resold, transferred, or made public.
Access obtained this way ends when the partner’s arrangement with us ends. To keep using the Paid Services after that, you will need to subscribe yourself. The partner may set additional conditions, and in some cases certain information may be shared with the partner — the Privacy Policy explains what is and is not shared.
18. Messages, notifications, and email
By using the Services, you agree we may send you operational messages — about your account, your sessions, your billing, and security — by email, push notification, or SMS at the number you give us. You cannot opt out of essential operational messages and continue to use the Services.
If you opt in to marketing messages, you can opt out at any time: reply STOP to any marketing SMS, use the unsubscribe link in any marketing email, or email [SUPPORT EMAIL]. Agreeing to marketing messages is never a condition of purchase. It may take a short time to process an opt-out. Message and data rates may apply; carriers are not liable for delayed or undelivered messages. If you change or give up your phone number, update your account so we do not message whoever gets it next.
19. Electronic communications and E-SIGN consent
You consent to receive agreements, notices, disclosures, and other communications from us electronically, and you agree that they satisfy any legal requirement that such communications be in writing. To access and keep them, you need a device with a web browser and internet access, and either a printer or storage on the device. You may withdraw this consent, or request a paper copy, by writing to [SUPPORT EMAIL] — withdrawing consent may mean you can no longer use the Services. This does not waive any right you have that cannot be waived.
20. Changes to the Services
We are continually developing Lumen. We may add, change, suspend, or discontinue features at any time, including as part of testing. We will try to give notice of significant changes, but we are not obliged to, and we are not liable to you or anyone else for a modification, suspension, or discontinuation.
We are not responsible for data lost through a malfunction or any other cause. Where the content matters to you, keep your own copy.
21. Suspension and termination
You may stop using Lumen and close your account at any time.
We may suspend or terminate your access, remove content, or close your account if you breach these Terms, if we are required to by law, if your account has been inactive for an extended period, or if continued provision would create a risk of harm or legal exposure for us or others. Where circumstances allow, we will give notice and, if practical, a chance to fix the problem.
On termination: your right to use the Services ends immediately; provisions that by their nature should survive (including Sections 9–14, 22–27, and 30) survive; and you will not receive a refund for unused time unless Section 16 or applicable law says otherwise.
22. Disclaimer of warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS (THE “LUMEN PARTIES”) DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THAT, WE DO NOT WARRANT THAT: THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT OR IMPROVEMENT IN YOUR WELLBEING; THAT CONTENT WILL BE ACCURATE, COMPLETE, OR CURRENT; THAT YOUR DATA WILL REMAIN RETRIEVABLE OR UNCORRUPTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION YOU OBTAIN FROM US CREATES ANY WARRANTY NOT STATED HERE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
23. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE LUMEN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LUMEN PARTIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING — IN JURISDICTIONS THAT SO PROVIDE — GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You are solely responsible for your interactions with other users and with facilitators, and you release the Lumen Parties from claims arising out of those interactions. If you are a California resident, you waive California Civil Code § 1542, which provides that a general release does not extend to claims the releasing party does not know or suspect to exist at the time of release and which, if known, would have materially affected the settlement.
[NOTE: Lasting’s version purports to exclude direct damages as well, then separately caps liability — those two moves sit awkwardly together and the broader exclusion is unenforceable in a number of states. This draft excludes indirect damages and caps the rest, which is the more defensible structure. Counsel should confirm the cap is appropriate for Lumen’s risk profile, particularly given the health-adjacent subject matter.]
24. Indemnification
You agree to indemnify, defend, and hold harmless the Lumen Parties from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content; (b) your use of the Services; (c) your breach of these Terms or of applicable law; (d) your interactions with other users or facilitators; or (e) anyone else’s use of the Services through your account. We may assume exclusive defense and control of any matter subject to indemnification, at our own expense, and you agree to cooperate. This section survives termination.
25. Governing law and venue
These Terms and any dispute arising out of them or the Services are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration under Section 27, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in [Suffolk County], Massachusetts, and waive any objection based on lack of personal jurisdiction or inconvenient forum.
Nothing in this section deprives a consumer of the protection of mandatory laws in their country of residence.
26. Time limit on claims
To the extent permitted by law, any claim arising out of these Terms or the Services must be brought within one (1) year after it accrues, or it is permanently barred. Some jurisdictions do not permit shortened limitation periods; where that is the case, this section does not apply.
27. Dispute resolution — arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION.
Scope. You and we agree that the Federal Arbitration Act governs this section. It applies broadly to all disputes between you and us — whether based in contract, tort, statute, fraud, or any other theory; whether arising before, during, or after these Terms — except for the claims described under “Exceptions” below.
Informal resolution first. Most problems can be sorted out without a formal proceeding. Before starting arbitration, you agree to contact us at [NOTICE ADDRESS] or [LEGAL EMAIL] with a short written description of the dispute and your contact details, including the email address on your account. We will do the same for any dispute we have with you. Both sides agree to try in good faith to resolve it. If it is not resolved within sixty (60) days, either side may begin arbitration. Completing this step is a condition of filing.
Arbitration. Disputes will be resolved by final and binding individual arbitration administered by [JAMS / AAA] under its [Streamlined Arbitration Rules for claims up to $250,000; Comprehensive Arbitration Rules above that / Consumer Arbitration Rules], as in effect when arbitration begins, excluding any rules permitting class or representative proceedings. The arbitrator has exclusive authority to decide questions about the interpretation, scope, enforceability, and formation of these Terms, including whether a claim is arbitrable, and may award any relief a court could award. The award is written, binding, and enforceable in any court of competent jurisdiction.
Fees and location. To the extent the arbitration filing fee exceeds what it would cost to file in court, we will pay the difference. If the arbitrator finds your claim is not frivolous, we will pay the administrator’s fees and the arbitrator’s fees and hearing expenses. Each side bears its own attorneys’ fees unless the rules or applicable law provide otherwise. If you live in the United States, arbitration may take place in the county where you live, by telephone or video, or at another location we both agree to. If you live outside the United States, arbitration will be initiated in Massachusetts.
Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim will be severed and heard in court, and the rest of this section remains in force.
Exceptions. Either party may (a) bring claims in small claims court within that court’s jurisdiction, and (b) seek injunctive or other equitable relief in court to protect intellectual property rights — meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
30-day opt-out. You may opt out of this Section 27 by sending written notice within thirty (30) days of first accepting these Terms, to [NOTICE ADDRESS] or [LEGAL EMAIL], with the subject line “ARBITRATION OPT-OUT.” Include your name and the email address on your account. Opting out has no effect on the rest of these Terms, and does not affect your ability to use Lumen. If you opt out, we are not bound by this section either.
Changes and survival. We will give thirty (30) days’ notice of material changes to this section. Changes apply prospectively, to claims arising after they take effect. This section survives termination of your account and of these Terms.
29. Apple App Store
If you obtained the Lumen app through the Apple App Store, you also agree that:
- These Terms are between you and Lumen only, not Apple. Lumen, not Apple, is solely responsible for the app and its content.
- Your use must comply with the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation. Any other claims relating to a failure to conform are Lumen’s responsibility.
- Apple is not responsible for addressing your claims or any third party’s claims relating to the app, including product liability claims, claims of non-conformity with legal or regulatory requirements, and claims under consumer protection law.
- If a third party claims the app infringes its intellectual property, Lumen — not Apple — is responsible for investigating, defending, settling, and discharging that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your licence of the app, and may enforce them against you.
30. Google Play
If you obtained the Lumen app through Google Play, your use is also subject to the Google Play Terms of Service. These Terms are between you and Lumen only, not Google. Lumen, not Google, is solely responsible for the app and its content, and for support and any warranty claims. Refunds for Google Play purchases are handled under Google’s policies.
31. General
- Entire agreement. These Terms, the Privacy Policy, and any additional terms presented for specific features are the entire agreement between you and us about the Services, and supersede any earlier agreement on the subject.
- Severability. If any provision is held unenforceable, it is severed and the rest stays in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- No agency. These Terms do not create a partnership, joint venture, employment, or agency relationship between you and us, and you have no authority to bind us.
- No third-party beneficiaries, except as stated in Section 29.
- Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
- Headings are for convenience and have no legal effect.
- Order of precedence. Where these Terms conflict with another document incorporated by reference, these Terms govern unless the other document expressly says otherwise.
32. Contact us
Questions about these Terms: support@lumenly.net
Legal notices: Atizan Studio LLC , legal@lumenly.net