Last Updated: August 1st, 2024
Welcome to Lumos's Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and the applicable Lumos entity ("Lumos," "we," "us," or "our") identified below based on your location and governing the access and use of the websites including but not limited to ridelumos.com, eu.ridelumos.com, uk.ridelumos.com, international.ridelumos.com, and prior to 2024, lumoshelmet.co, and any of their subdomains (collectively, the "Site"), and any related mobile application (the "App") and services offered through the Site or App (collectively, the "Services").
Applicable Lumos Entity:
For users located in the United States: Lumen Labs Inc., 4550 New Linden Hill Road, Suite 201, Wilmington, DE 19808, USA
For users located in the European Union: Lumen Labs (HK) Limited, 21st Floor, CMA Building, 64 Connaught Road Central, Hong Kong
For users located in the United Kingdom: Lumen Labs (HK) Limited, 21st Floor, CMA Building, 64 Connaught Road Central, Hong Kong
For users located in all other locations: Lumos Labs International Pte. Ltd., 11 Collyer Quay #17-00, The Arcade, Singapore 049317
By accessing or using the Site, App, or Services, you ("you" or "user") agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Site, App, or Services.
These Terms govern your access to and use of the Site, App, and Services. By accessing or using the Site, App, or Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you are using the Site, App, or Services on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you or the entity violate these Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site, App, and Services thereafter.
Your continued use of the Site, App, or Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to periodically review this page for the latest information on our Terms.
You must be 18 years of age or older to use the Site, App, and Services. By using the Site, App, or Services, you represent and warrant that you are 18 years of age or older and that you have the right, authority, and capacity to enter into and abide by these Terms. If you are under the age of 18, please stop using the Site, App, and Services immediately.
To access certain features of the Site, App, or Services, you may be required to create an account ("Lumos Account"). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to: (a) provide accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lumos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lumos has the right to suspend or terminate your account and refuse any and all current or future use of the Site, App, and Services (or any portion thereof).
All products and services offered on the Site are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without prior notice, even if you have already placed an order.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
Prices for our products and services are subject to change without notice.
We reserve the right to modify or discontinue any product or service (or any part or content thereof) without notice at any time.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
By providing a payment card, you represent and warrant that you are authorized to use the payment card and that you authorize our third-party payment processor to charge your payment card for the total amount of your order (including all applicable taxes and other charges).
If the payment information you provide is rejected or we cannot otherwise process your transaction, your order may be cancelled, suspended, or delayed. It is your responsibility to resolve any payment problems we encounter while processing your order.
Prices for our products and services do not include shipping and handling costs or applicable taxes.
Our delivery charges and methods are as described on the Site and may vary depending on your location.
We are not responsible for any delays in shipping or delivery, and any delivery dates provided by us are estimates only.
International Orders: If you are shipping to a destination outside of the United States, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. You are responsible for these charges.
We want you to be completely satisfied with your purchase. If for any reason you are not satisfied, you may return your purchase for a refund or exchange within 30 days of the delivery date. Please see our Refund Policy [LINK TO REFUND POLICY] for details.
Subject to these Terms, Lumos grants you a non-transferable, non-exclusive license to download, install and use the App solely in connection with the Services and for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Device") and to access and use any content, information and related materials that may be made available through the App, for your personal, non-commercial use.
You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App; (b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) access the App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App.
"User Content" means any and all information and content that a user submits to, or uses with, the Site, App, or Services. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You represent and warrant that you own all your User Content or you have all the rights that are necessary to grant us the license to the User Content as set forth in these Terms. You represent and warrant that: (a) your User Content and its use by us as contemplated by these Terms, and the Site and Services, will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights, rights of privacy, or rights of publicity; (b) if your User Content contains personal information of others, you have obtained all necessary consents from such individuals to allow for the use of their personal information as contemplated by these Terms, the Site, and Services; (c) your User Content and Lumos' use thereof as contemplated by these Terms will not violate any law or regulation; (d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
By submitting User Content through the Services, you hereby grant to Lumos a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site, App, and Services and Lumos' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site or Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to every user of the Site and Services a non-exclusive license to access your User Content through the Site and Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and Services and under these Terms. The above licenses granted by you in User Content you submit to the Site terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that Lumos may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted. The above licenses granted by you in User Content you submit to the Site are perpetual and irrevocable.
The Site, App, and Services contain content owned or licensed by Lumos ("Lumos Content"). Lumos Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Lumos, Lumos owns and retains all rights in the Lumos Content and the Service. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lumos Content and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Lumos Content.
The Site, App, and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Lumos. Lumos does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Site, App, or Services, you do so at your own risk, and you understand that these Terms and Lumos' Privacy Policy do not apply to your use of such sites. You expressly relieve Lumos from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, App, or Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Lumos shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree not to engage in any of the following prohibited activities:
Use the Site, App, or Services for any unlawful purpose or for any purpose that is prohibited by these Terms;
Interfere with or disrupt the Site, App, or Services, or servers or networks connected to the Site, App, or Services;
Use any device, software, or routine to bypass any security measure or interfere or attempt to interfere with the proper working of the Site, App, or Services;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful into the Site, App, or Services;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, App, or Services, the server on which the Site, App, or Services are stored, or any server, computer or database connected to the Site, App, or Services;
Attack the Site, App, or Services via a denial-of-service attack or a distributed denial-of-service attack;
Collect or store personal information about other users;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Stalk, harass, bully, or harm another individual;
Upload, post, transmit, share, store, or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, transmit, share, store, or otherwise make publicly available on or through the Site, App, or Services any private or confidential information of any third party (including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any information about any person that is embarrassing or that you are under an obligation to keep confidential);
Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Lumos in providing the Site, App, or Services;
Access the Site, App, or Services from a jurisdiction where it is illegal or unauthorized to do so;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site, App, or Services; or
Otherwise violate these Terms or any applicable laws or regulations.
The Site, App, and Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Lumos, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site, App, and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, App, or Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes only.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Site, App, or Services.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site, App, or Services in breach of the Terms, your right to use the Site, App, and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, App, or Services or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Lumos. Any use of the Site, App, or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
We may terminate your access to all or any part of the Site, App, and Services at any time, with or without cause, with or without notice, effective immediately.
Without limiting the foregoing, we may terminate the account of any user who infringes the intellectual property rights of others upon receipt of proper notification to Lumos by the owner or authorized agent.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Upon termination of these Terms for any reason: (a) these Terms will still apply to you to the extent that they relate to your prior use of the App and/or Services; (b) your license rights will terminate immediately and you must cease all use of the App and Services; and (c) you must immediately uninstall the App from your Device.
THE SITE, APP, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SITE, APP, OR SERVICES OR THE USE OR OTHER DEALINGS IN THE SITE, APP, OR SERVICES.
LUMOS DOES NOT WARRANT THAT THE SITE, APP, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUMOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, APP, OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL LUMOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR ANY OTHER SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER) ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, APP, OR SERVICES, ANY WEBSITES LINKED TO THE SITE, APP, OR SERVICES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL LUMOS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, APP, OR SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO LUMOS FOR YOUR USE OF THE APPLICABLE SITE OR SERVICE OUT OF WHICH LIABILITY AROSE.
You agree to defend, indemnify and hold harmless Lumos, its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you. Lumos reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Lumos in asserting any available defenses.
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
You and Lumos agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site, App, or Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You acknowledge and agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted and you are waiving your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Lumos otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section shall be deemed null and void.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. You can obtain information (including the Rules) from the AAA (www.adr.org). The arbitration shall be held in the county in which you reside or at another mutually agreed location. The language of the arbitration shall be English.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless as provided herein. If your claim for damages is for $100 or less, Lumos will pay all such fees, so long as the claim is not determined by a decision issued by the arbitrator to have been frivolous. If Lumos prevails on any claim that you assert against Lumos in arbitration, Lumos will not seek to recover its attorneys' fees incurred in the arbitration from you.
Either you or Lumos may assert claims, if they qualify, in small claims court in Delaware or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, App, or Services, or infringement of intellectual property rights (for example, copyright, trademark, patent, trade secret) without first engaging in arbitration or the informal dispute-resolution process described above.
You can decline this agreement to arbitrate by sending Lumos written notice of your decision to opt out, within 30 days of the date you first access or use the Site, App, or Services.
If any part of this Dispute Resolution section is found to be illegal or unenforceable, that part will be severed and the rest of the section will be given full force and effect. If any provision within this Dispute Resolution section is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Agreement to Arbitrate survives any termination of these Terms.
Lumos shall not be liable for any failure to perform its obligations hereunder where such failure is due to any cause outside Lumos' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lumos' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with the Privacy Policy and any other legal notices published by us on the Site, App, or Services, shall constitute the entire agreement between you and Lumos regarding your use of the Site, App, and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lumos' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Lumos may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will be binding on the parties, their successors and permitted assigns.
Lumos may provide you with notices, including those relating to changes to these Terms, by email, regular mail, postings on the Site, or other reasonable means now known or hereafter developed. It is your responsibility to make sure that you have updated contact information on file with us so that you can receive these notices. You agree that all agreements, notices, disclosures and other communications that Lumos provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms are for the benefit of you and Lumos, and are not intended to benefit any third party or be enforceable by any third party. The rights and remedies of the parties under these Terms are exclusive and are not intended to benefit any third party.
If you have any questions about these Terms, please contact us:
By email: support@lumoshelmet.co or support@ridelumos.com
By mail: Lumen Labs Inc., 4550 New Linden Hill Road, Suite 201, Wilmington, DE 19808, USA
USA
European Union
United Kingdom
International
