Terms & Conditions
LAST UPDATED: AUGUST 29, 2023
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined in the Definitions section of these Terms and Conditions. The definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Account means a unique account created for You to access our Service or parts of our Service
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Application and Lumos Portal mean Lumos’s proprietary software-as-a-service platform.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Lumos Technologies, Inc., 7242 Wrightsville Ave, Wilmington NC 28403.
- Country refers to North Carolina, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- Intellectual Property Rights means all intellectual property rights arising from or under laws, directives, rules and regulations worldwide, including but not limited to rights to copyrights, trademarks, trade secrets, patents and any registrations or applications for registration of any of the foregoing, including, with respect to patents, any divisionals, continuations and continuations-in-part, and any patents issuing therefrom, and reissues thereof, and any foreign counterpart patent applications or patents claiming priority therefrom.
- Service/Services refers to the Application or the Website or both.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as the “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Lumos, accessible from https://www.lumosdata.com/
- You/Your means the individual accessing or using the Service or the company, organization, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or yearly), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through or for the Service, if any.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
No Warranties
The Service is provided to You “AS IS” and “AS AVAILABLE,” with all faults and defects without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. Without limiting the foregoing, We (a) provide no warranty or undertaking, and make no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected; and (b) make no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Access
We offer access to the Lumos Portal Application on the Website. Registration for or use of the Service is conditioned on Your agreement to the following additional provisions:
- Indemnification You indemnify and hold Us and Our and Affiliates, officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with any claim alleging that use of the Application or Your data infringes the rights of, or has caused harm to, a third party.
- User Responsibilities With access to the Application, You shall be responsible (i) at Your own cost, for providing and maintaining any equipment and third-party software, and any other connectivity requirements, necessary to access the Internet for the purposes of using Lumos Portal; (ii) for the security of passwords provided to You for use with Your account and by Your authorized users; (iii) for the accuracy, quality and legality of Your data and of the means by which You acquired such data, except to the extent, if any, that such financial data is provided by Us; and (iv) to ensure compliance with these Terms by Your users, employees, business associates and agents. You shall (a) use commercially reasonable efforts to prevent unauthorized access to or use of Lumos Portal, and notify Use promptly of any such unauthorized access or use; (b) use Lumos Portal only in accordance with their supporting documentation and applicable laws and government regulations; and (c) remain solely responsible for backing-up Your and communications maintained or transmitted through use of Lumos Portal Application. Accordingly, We shall have no responsibility or liability for the deletion or failure by You to store any such data or communications. You may not: (i) disclose or distribute the Data or substantial portions thereof to any third party; (ii) disclose or distribute to any third party any information within the Data that is capable of identifying an individual person or household (“Personal Information”), nor any phone numbers, postal addresses, email addresses, or other contact information contained within the Data. You may not disclose or publicize FUND scores. Notwithstanding the foregoing, You may disclose and provide access to Data for state and federal regulatory officials reviewing lender credit files, and for third party services in support of their marketing efforts. Further, disclosure of Personal Information contained within your communications to the individual(s) to whom the Personal Information relates (e.g. addressee information on postal mail) shall not be considered a violation of this paragraph. You shall at all times comply with applicable law, rules and regulations in connection with its use, storage, reproduction, and distribution of Data and in connection with marketing and/or other communications to any person, household or organization identified within the Data, including, without limitation, all applicable requirements of the Telephone Consumer Protection Act of 1991(47 U.S.C 227) and the CAN-SPAM Act of 2003 (15 U.S.C. 103)
- Restrictions With access to the Application, You may not (i) modify, reverse engineer, decompile, disassemble or otherwise attempt to obtain the source code or underlying algorithms or functionalities of the Applications; (ii) offer use of Lumos Portal to any third party (e.g., as a part of a service bureau, time-sharing or other similar arrangement) or for the benefit of any third party; (iii) attempt to disable or circumvent any security mechanisms used by Lumos Portal or any applications running on the Lumos Portal Dashboard, or otherwise gain or attempt to gain unauthorized access to the Application or Our equipment or computer networks used to provide the Service; (iv) interfere with or disrupt the Lumos Portal Service or Our equipment or computer networks connected thereto; or (v) access the Application for purposes of bringing any intellectual property suit against Us or for monitoring its availability, performance, functionality, or any other benchmarking or competitive purposes. Additionally, You may not use Lumos Portal in violation of any applicable laws or rights of third parties including, without limitation, to (a) send spam or unsolicited electronic mail messages; (b) store prohibited material including any content, application or data that infringes the proprietary or privacy rights of others, is obscene, threatening, libelous, or otherwise unlawful or tortuous or material harmful to children; or (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
- Ownership; Software License All right, title and interest, including all Intellectual Property Rights, in and to the Your data (but excluding the Lumos Portal Service used in connection therewith) are and shall remain Your property. All right, title and interest, including all Intellectual Property Rights, in and to Lumos Portal and the Application, including but not limited to proprietary lending data and all other data related to the Application, are and shall remain Our sole property. In consideration of these Terms, We grant You an irrevocable, fully paid-up, non-exclusive license during the Term to use Lumos Portal consistently with Your rights and obligations under this Agreement. You acknowledge and agree that You have no ownership interest or legal right to Lumos Portal, the Application software and related functionalities, algorithms and information, or to use of same, except and only as provided by these Terms. You may export an image/pdf/ppt of the Lumos Portal Dashboard and export summary data, but shall not otherwise be entitled to export data or information generated by the Lumos Portal Service unless your Subscription specifically grants that access.
- PDF You may share PDFs purchased via Lumos Portal Service with your Organization but are not granted the right to share outside or your Organization.
- User Data You hereby grant to Us an irrevocable, fully paid-up, non-exclusive license during the Term to use, store, reproduce and transmit Your data as necessary for Us to provide the Lumos Portal Service in accordance with this Agreement and for Us to improve, modify or upgrade the Application.
- Reservation of Intellectual Property Rights The software, workflow processes, designs, know-how and other technologies provided by Us as part of the Lumos Portal Service and Application are the proprietary property of Us and our licensors. All right, title and interest in and to such items, including all associated Intellectual Property Rights, remain solely with Us. We reserve all Intellectual Property Rights other than as specifically and expressly granted in these Terms.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. In the event a lawsuit or arbitration proceeding is initiated to compel compliance with or arising from alleged breach of these Terms, the prevailing party shall, in addition to any actual damages recoverable, be entitled to an award of costs and reasonable attorneys’ fees. Any claims brought against Us may be pursued ONLY ON AN INDIVIDUAL PARTY BASIS, AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
For European Union (EU) Users
United States Legal Compliance
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the website and the Services.
Contact Us
- By email: support@lumosdata.com