Terms and Conditions

Last updated: December 2025

THESE LUMINA ONLINE TERMS & CONDITIONS ("Agreement" or "Terms") GOVERN YOUR ACCESS TO AND USE OF LUMINA'S SERVICES, INCLUDING ANY FREE TRIAL. BY (A) CLICKING A BOX INDICATING ACCEPTANCE, (B) SUBMITTING A SIGN-UP FORM OR ORDER THAT REFERENCES THESE TERMS, OR (C) ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT CASE, "YOU" AND "YOUR" REFER TO THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

If you later enter into a separate Master Services Agreement ("MSA") and/or Statement of Work ("SOW") with us, that MSA/SOW will prevail over these Terms to the extent of any conflict.

Lumina may update these Terms from time to time by posting a revised version on the Lumina website. The "Last updated" date above will show the latest version. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

1. Definitions

In these Terms, the following words have the meanings given:

"Access Fees"
means the subscription fees (excluding VAT and other taxes) and any one-off service fees payable by you for the Services, as set out on a pricing page, order flow or proposal, or as otherwise agreed in writing.

"Authorised Users"
means your employees, contractors and other individuals you authorise to access and use the Services for your benefit, up to any limits stated in your plan or order.

"Confidential Information"
means any information disclosed by one party to the other that is identified as confidential or would reasonably be considered confidential, including business plans, technical data, Customer Data and the commercial terms of your Order. It does not include information that is public, already known to the recipient, independently developed, or lawfully received from a third party without breach of confidence.

"Customer Data"
means any data, content or information inputted or uploaded by you or on your behalf into the Services, or generated for you as a direct result of your use of the Services (for example, your customer/SKU data and reports).

"Intellectual Property Rights"
means patents, trade marks, service marks, copyright, database rights, design rights, rights in software, know-how and all other intellectual property rights anywhere in the world, whether registered or unregistered.

"Order"
means an online order flow, pricing page selection, proposal, SOW, or other document or process by which you subscribe to the Services or select a plan and agree to pay Access Fees.

"Services"
means the Lumina online software platform and related services (including any modules, features, connectors and AI functionality) that Lumina makes available to you under these Terms, as described on our website, in your Order or in any onboarding materials, and as updated from time to time in accordance with these Terms.

"Subscription Term"
means the initial subscription period described in your Order (e.g. monthly or annual) together with any subsequent renewal periods, unless terminated earlier in line with these Terms.

"Lumina", "we", "us", "our"
means Lumina Software Ltd, a company incorporated in England and Wales with company number 15742965 and registered office at 39 Bark Hart Road, Orpington, England, BR6 0QB.

"Website"
means Lumina's websites and web application at get-lumina.com, app.get-lumina.com, and any related domains or subdomains controlled by Lumina.

Words such as "including" and "for example" are without limitation.

2. Scope and relationship with MSA/SOW

2.1 These Terms govern:

  • any free trial or evaluation of the Services; and
  • any paid subscription where you have not entered into a separate MSA/SOW with Lumina.

2.2 If you later sign an MSA and/or SOW with Lumina:

  • that document (together, the "Customer Agreement") will govern your use of the Services; and
  • if there is any conflict between these Terms and the Customer Agreement, the Customer Agreement will prevail to the extent of the conflict.

3. Eligibility and accounts

3.1 The Services are intended for business use only. You confirm that you are using the Services for business purposes and not as a consumer.

3.2 You must provide accurate and complete information when creating an account or submitting an Order, and keep that information up to date.

3.3 You must keep all login credentials secure and confidential and must not share them except with Authorised Users. You are responsible for all activities under your account, including by Authorised Users.

4. Access to the Services

4.1 Subject to these Terms and payment of all applicable Access Fees, Lumina grants you a non-exclusive, non-transferable right to access and use the Services during the Subscription Term for your internal business purposes only.

4.2 We may update or modify the Services from time to time, including adding, changing or removing features, provided such changes do not materially reduce the core functionality of your then-current plan during the period you have already paid for.

4.3 We may offer free or discounted trials or beta features at our discretion. Trials and betas are provided "as is" and may be modified or withdrawn at any time.

5. Authorised Users and acceptable use

5.1 You may permit Authorised Users to use the Services on your behalf, within any user or usage limits set out in your plan or Order.

5.2 You are responsible for:

  • ensuring that Authorised Users comply with these Terms; and
  • all use of the Services under your account, whether authorised or unauthorised.

5.3 You and your Authorised Users must not:

  1. copy, modify, adapt, translate, create derivative works of, or reverse engineer any part of the Services, except to the extent such restriction is prohibited by law;
  2. access or use the Services to develop a competing product or service;
  3. resell, sub-licence, lease, rent or otherwise make the Services available to any third party other than Authorised Users;
  4. circumvent or attempt to circumvent any usage limits, security features or technical protections;
  5. introduce any virus, malware or other harmful code into the Services or our systems;
  6. attempt to gain unauthorised access to the Services, other user accounts, or any related systems or networks; or
  7. use the Services in any unlawful way or in breach of applicable data protection, export control, tax, or other laws.

5.4 We may suspend or restrict access to the Services if:

  • we reasonably believe there is a security risk, misuse, or material breach of these Terms; or
  • your usage materially exceeds reasonable usage patterns in a way that threatens Service performance for others, and you do not remedy after we notify you.

6. Plans, fees and payment

6.1 Access Fees, billing frequency, and what is included in each plan are as set out in your Order, pricing page or any written proposal from us.

6.2 Unless otherwise stated, Access Fees:

  • are quoted exclusive of VAT and other applicable taxes; and
  • are payable in advance for each billing period (e.g. monthly or annually).

6.3 You authorise us (or our payment processor) to charge your chosen payment method for all amounts due under your subscription and any agreed one-off services.

6.4 If any invoiced amount is not received by the due date, we may:

  • charge interest on overdue amounts at 4% per annum above the Bank of England base rate, accruing daily until payment is made; and/or
  • suspend or restrict access to the Services until all overdue amounts are paid.

6.5 We may change Access Fees for future renewal periods by giving you at least 30 days' notice. If you do not agree to the new pricing, you may cancel your subscription with effect from the end of your then-current Subscription Term (see clause 11).

7. Customer Data

7.1 You retain all right, title and interest in and to Customer Data, subject to the rights granted to us in these Terms.

7.2 You are responsible for:

  • the legality, accuracy, quality and completeness of Customer Data;
  • ensuring you have a lawful basis and all necessary rights, consents and permissions to upload Customer Data to the Services and allow us to process it; and
  • ensuring that Customer Data does not infringe the rights of any third party or breach any applicable law.

7.3 You grant Lumina a non-exclusive, worldwide licence for the Subscription Term to host, copy, transmit, store, display and process Customer Data solely as necessary to:

  • provide, maintain, secure and support the Services;
  • operate back-ups, logging, monitoring and diagnostics; and
  • comply with law and enforce our rights.

7.4 We may create and use aggregated and/or anonymised data derived from Customer Data and your use of the Services for analytics, benchmarking, research and to improve our products and models, provided such data does not identify you or any individual.

7.5 You are responsible for maintaining appropriate backups of Customer Data. We will follow our standard backup and disaster recovery processes, but cannot guarantee that any particular item of Customer Data will not be lost or corrupted.

8. Privacy and data protection

8.1 Each party will comply with applicable data protection laws in relation to any personal data processed under these Terms.

8.2 We will process personal data in accordance with our Privacy Policy, as updated from time to time. By using the Services, you acknowledge that you have read that policy.

8.3 Where required by law (for example, under the UK GDPR), we may enter into a separate data processing agreement with you. In case of conflict between these Terms and that data processing agreement as it relates to personal data processing, the data processing agreement will prevail.

8.4 You are responsible for providing any necessary notices to, and obtaining any necessary consents from, individuals whose personal data you input into the Services.

9. Intellectual Property

9.1 Lumina and its licensors own all Intellectual Property Rights in and to the Services, the underlying software, the Website, documentation, and all related materials, except for Customer Data.

9.2 Except for the limited rights expressly granted to you under these Terms, no other rights or licences are granted, whether by implication or otherwise. You do not acquire any ownership rights in the Services.

9.3 Subject to payment of applicable Access Fees, you may use reports, exports and other outputs generated from the Services for your internal business purposes.

9.4 You acknowledge that forecasts, recommendations and other AI-assisted outputs are tools to assist your decision-making and do not constitute professional advice. You remain responsible for all decisions and actions you take based on those outputs.

10. Confidentiality

10.1 Each party must:

  • keep the other party's Confidential Information confidential; and
  • use it only as necessary to perform or receive the Services under these Terms.

10.2 A party may disclose the other's Confidential Information:

  • to its employees, contractors, professional advisers and group companies who need to know it and who are bound by confidentiality obligations at least as protective as these Terms; or
  • where required by law, court order or regulatory authority, provided it takes reasonable steps (where lawful) to limit disclosure and notify the other party.

10.3 These confidentiality obligations survive termination of this Agreement.

11. Term, renewal and termination

11.1 Your Subscription Term starts on the earlier of:

  • the date you first access the Services; or
  • the date you accept these Terms or submit your Order.

11.2 Unless otherwise stated in your Order, your subscription will:

  • run for the initial term specified (e.g. one month or one year); and
  • automatically renew for successive periods of the same length unless either party gives notice of non-renewal at least 30 days before the end of the then-current term (or such shorter period as we may allow in writing).

11.3 You may cancel your subscription with effect from the end of your current Subscription Term by emailing support@get-lumina.com or by following any in-app cancellation process we provide. Fees already paid are non-refundable except where required by law.

11.4 Either party may terminate this Agreement with immediate effect by written notice if the other party:

  • materially breaches these Terms and does not remedy the breach within 30 days after receiving written notice; or
  • becomes insolvent, enters into administration or liquidation (other than for a solvent restructuring), or ceases to carry on business.

11.5 On termination or expiry of this Agreement for any reason:

  1. your right to access and use the Services will end;
  2. you must stop using the Services; and
  3. we will delete or anonymise Customer Data in accordance with our data retention practices and applicable law, subject to any longer retention required by law or agreed in a separate data processing agreement.

11.6 Termination does not affect any rights or liabilities that have accrued up to the date of termination.

12. Warranties and disclaimers

12.1 We will provide the Services using reasonable skill and care.

12.2 You acknowledge that:

  • the Services are provided on an "as is" and "as available" basis;
  • complex software is never completely free from defects or vulnerabilities; and
  • availability of the Services may be affected by the internet, third-party providers, and other factors outside our reasonable control.

12.3 To the fullest extent permitted by law, all implied terms, warranties, conditions and representations (including as to satisfactory quality, fitness for a particular purpose and non-infringement) are excluded.

13. Limitation of liability

13.1 Nothing in these Terms limits or excludes liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot lawfully be excluded or limited.

13.2 Subject to clause 13.1, we will not be liable to you (whether in contract, tort, negligence or otherwise) for:

  • loss of profits, revenue or business;
  • loss of anticipated savings;
  • loss of or damage to goodwill or reputation;
  • loss or corruption of data; or
  • any indirect, special or consequential loss or damage.

13.3 Subject to clauses 13.1 and 13.2, our total aggregate liability arising out of or in connection with these Terms and the Services (whether in contract, tort, negligence or otherwise) shall be limited to the total Access Fees you paid to us in the 12 months immediately preceding the event giving rise to the first claim.

13.4 You agree that the limitations and exclusions in this clause 13 are reasonable and that the Access Fees reflect this allocation of risk.

14. Indemnity

14.1 You will indemnify and hold Lumina harmless from and against any claims, losses, damages, fines, costs and expenses (including reasonable legal fees) arising out of or in connection with:

  • your use of the Services in breach of these Terms or applicable law; or
  • any claim that Customer Data infringes the rights (including Intellectual Property Rights or privacy rights) of a third party.

14.2 If a third party claims that the Services, when used in accordance with these Terms, infringe a UK Intellectual Property Right, we will (at our choice):

  • modify the Services so they are no longer infringing;
  • replace the Services with a functionally equivalent alternative; or
  • terminate your subscription and provide a pro-rata refund of prepaid fees for the unused period.

This clause 14.2 sets out your sole remedy for any such IP infringement claim.

15. Changes to these Terms or the Services

15.1 We may update these Terms from time to time. If we make material changes, we will notify you by email or via the Services.

15.2 If you do not agree to the updated Terms, you must stop using the Services and cancel your subscription before the changes take effect. If you continue to use the Services after the effective date, you will be deemed to have accepted the updated Terms.

16. General

16.1 Force majeure

Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) caused by circumstances beyond its reasonable control. The time for performance will be extended for the duration of such circumstances.

16.2 No partnership or agency

Nothing in these Terms creates a partnership, joint venture or agency relationship between the parties.

16.3 Assignment

You may not assign, transfer or novate any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms (for example, to a group company or acquirer of our business) by giving you notice.

16.4 Entire agreement

These Terms and any applicable Order (and, where relevant, any MSA/SOW and data processing agreement) constitute the entire agreement between the parties in relation to the Services and supersede all prior discussions and understandings.

16.5 Third party rights

No person other than Lumina and you has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

16.6 Severance

If any provision of these Terms is held invalid or unenforceable, that provision shall be deemed deleted and the remaining provisions will remain in full force and effect.

16.7 Notices

Formal notices under these Terms must be sent by email:

  • to Lumina: support@get-lumina.com (or another email we notify to you);
  • to you: to the email address associated with your account or as otherwise notified in writing.

Notices are deemed received on the next Business Day (Monday–Friday, excluding public holidays in England) after transmission, provided no bounce-back or error notice is received.

17. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.